SF 1525

3rd Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1                                        A bill for an act
1.2     relating to state government; providing certain general criminal and sentencing 
1.3     provisions; regulating controlled substances, DWI, and driving provisions; 
1.4     modifying or establishing various provisions related to public safety; regulating 
1.5     corrections, the courts and public defenders, and emergency communications; 
1.6     providing for electronic notarizations; regulating fraudulent or improper 
1.7     financing statements; regulating computer crimes; appropriating money;
1.8     amending Minnesota Statutes 2004, sections 13.82, by adding a subdivision; 
1.9     13.84, subdivisions 1, 2; 13.87, by adding a subdivision; 16D.04, subdivision 2; 
1.10    43A.08, subdivision 1; 48A.10, subdivision 3; 144.445, subdivision 1; 169.13; 
1.11    169A.20, subdivision 1; 169A.24, subdivision 1; 169A.28, subdivision 1; 
1.12    169A.45, subdivision 1; 169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision 
1.13    2; 169A.60, subdivisions 2, 4; 181.973; 219.97, subdivision 13; 237.49; 
1.14    253B.02, subdivision 2; 299C.095, subdivision 2; 299E.01, subdivision 2; 
1.15    299F.011, subdivision 5; 346.09, subdivision 1; 346.155, subdivisions 1, 4, 5, 
1.16    10, by adding a subdivision; 347.04; 358.41; 358.42; 358.47; 358.50; 359.01, by 
1.17    adding a subdivision; 359.03, subdivision 3, by adding a subdivision; 359.04; 
1.18    359.05; 359.085; 375A.13, subdivision 1; 383B.65, subdivision 2; 390.20; 
1.19    390.33, subdivision 2; 403.02, by adding a subdivision; 403.08, subdivision 
1.20    7; 403.11, subdivisions 3b, 3c; 403.113, subdivision 3; 403.21, subdivisions 
1.21    2, 7, 9; 403.33; 403.34; 403.36, subdivision 1f; 480.181, subdivisions 1, 2; 
1.22    480.182; 484.01, subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision 
1.23    3; 484.545, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68, 
1.24    subdivision 1; 484.702, subdivision 5; 485.018, subdivision 5; 485.021; 485.11; 
1.25    517.041; 518.157, subdivision 2; 518B.01, by adding a subdivision; 525.9214; 
1.26    546.27, subdivision 2; 609.101, subdivision 4; 609.102, subdivision 2; 609.11, 
1.27    subdivision 7; 609.2231, subdivision 6; 609.2242, subdivision 4; 609.233, 
1.28    subdivision 1, by adding a subdivision; 609.495, by adding a subdivision; 
1.29    609.87, subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1, 3; 
1.30    611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision; 
1.31    624.22, subdivision 8; 626.77, subdivision 3; 629.74; 641.25; Minnesota Statutes 
1.32    2005 Supplement, sections 169A.52, subdivision 4; 169A.53, subdivision 3; 
1.33    171.05, subdivision 2b; 171.055, subdivision 2; 243.166, subdivisions 1b, 
1.34    4, 4b, 6; 244.052, subdivision 4; 244.10, subdivisions 5, 6, 7; 270C.545; 
1.35    299C.40, subdivision 1; 299C.65, subdivision 2; 403.025, subdivision 7; 
1.36    403.05, subdivision 3; 403.11, subdivisions 1, 3, 3a; 403.113, subdivision 1; 
1.37    403.21, subdivision 8; 403.36, subdivision 1; 485.01; 485.03; 485.05; 518B.01, 
1.38    subdivision 22; 609.02, subdivision 16; 609.1095, subdivision 4; 609.3455, 
2.1     subdivisions 4, 8, by adding a subdivision; 609.485, subdivisions 2, 4;  Laws 
2.2     2002, chapter 266, section 1, as amended; Laws 2005, chapter 136, article 
2.3     1, section 13, subdivision 3; article 16, sections 3; 4; 5; 6; proposing coding 
2.4     for new law in Minnesota Statutes, chapters 241; 299A; 340A; 484; 545; 604; 
2.5     609; 626; repealing Minnesota Statutes 2004, sections 169A.41, subdivision 4; 
2.6     403.08, subdivision 8; 403.22; 403.23; 403.24; 403.25; 403.26; 403.28; 403.29, 
2.7     subdivisions 1, 2, 3; 403.30, subdivisions 2, 4; 403.35; 484.013, subdivision 8; 
2.8     484.545, subdivisions 2, 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, 
2.9     subdivisions 2, 6, 8; 485.12; 487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 
2.10    487.11; 487.13; 487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 
2.11    487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 487.27; 487.28; 487.29; 487.31; 
2.12    487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; 488A.01; 488A.021; 
2.13    488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; 488A.10; 
2.14    488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 
2.15    488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 
2.16    488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 
2.17    525.013; 525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 
2.18    525.07; 525.08; 525.081; 525.082; 525.09; 609.108, subdivision 5; 609.109, 
2.19    subdivisions 1, 3; 625.09; Minnesota Statutes 2005 Supplement, sections 
2.20    353.027; 485.03; 609.108, subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 2, 4, 
2.21    5, 6.
2.22     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.23                                           ARTICLE 1
2.24                           GENERAL CRIMINAL AND SENTENCING PROVISIONS

2.25        Section 1. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 
2.26    amended to read:
2.27        Subd. 5. Procedures in cases where state intends to seek an aggravated 
2.28    departure. (a) When the prosecutor provides reasonable notice under subdivision 4, the 
2.29    district court shall allow the state to prove beyond a reasonable doubt to a jury of 12 
2.30    members the factors in support of the state's request for an aggravated departure from 
2.31    the Sentencing Guidelines or the state's request for an aggravated sentence under any 
2.32    sentencing enhancement statute or the state's request for a mandatory minimum under 
2.33    section 609.11 as provided in paragraph (b) or (c).
2.34    (b) The district court shall allow a unitary trial and final argument to a jury regarding 
2.35    both evidence in support of the elements of the offense and evidence in support of 
2.36    aggravating factors when the evidence in support of the aggravating factors:
2.37    (1) would be admissible as part of the trial on the elements of the offense; or
2.38    (2) would not result in unfair prejudice to the defendant.
2.39    The existence of each aggravating factor shall be determined by use of a special 
2.40    verdict form.
2.41    Upon the request of the prosecutor, the court shall allow bifurcated argument and 
2.42    jury deliberations.
3.1     (c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, 
3.2     to allow for the production of evidence, argument, and deliberations on the existence of 
3.3     factors in support of an aggravated departure after the return of a guilty verdict when the 
3.4     evidence in support of an aggravated departure:
3.5     (1) includes evidence that is otherwise inadmissible at a trial on the elements of 
3.6     the offense; and
3.7     (2) would result in unfair prejudice to the defendant.
3.8     EFFECTIVE DATE.This section is effective the day following final enactment 
3.9     and applies to sentencing hearings and sentencing departures sought on or after that date. 

3.10        Sec. 2. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is 
3.11    amended to read:
3.12        Subd. 6. Defendants to present evidence and argument. In either a unitary or 
3.13    bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence 
3.14    and argument to the jury or factfinder regarding whether facts exist that would justify 
3.15    an aggravated durational departure or an aggravated sentence under any sentencing 
3.16    enhancement statute or a mandatory minimum sentence under section 609.11. A defendant 
3.17    is not allowed to present evidence or argument to the jury or factfinder regarding facts in 
3.18    support of a mitigated departure during the trial, but may present evidence and argument 
3.19    in support of a mitigated departure to the judge as factfinder during a sentencing hearing.
3.20    EFFECTIVE DATE.This section is effective the day following final enactment 
3.21    and applies to sentencing hearings and sentencing departures sought on or after that date.

3.22        Sec. 3. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is 
3.23    amended to read:
3.24        Subd. 7. Waiver of jury determination. The defendant may waive the right to a 
3.25    jury determination of whether facts exist that would justify an aggravated sentence. Upon 
3.26    receipt of a waiver of a jury trial on this issue, the district court shall determine beyond 
3.27    a reasonable doubt whether the factors in support of the state's motion for aggravated 
3.28    departure or an aggravated sentence under any sentencing enhancement statute or a 
3.29    mandatory minimum sentence under section 609.11 exist.
3.30    EFFECTIVE DATE.This section is effective the day following final enactment 
3.31    and applies to sentencing hearings and sentencing departures sought on or after that date.

3.32        Sec. 4. [340A.706] ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.
4.1         Subdivision 1. Definition. For purposes of this section, an "alcohol without liquid 
4.2     device" is a device, machine, apparatus, or appliance that mixes an alcoholic beverage 
4.3     with pure or diluted oxygen to produce an alcohol vapor that may be inhaled by an 
4.4     individual. An "alcohol without liquid device" does not include an inhaler, nebulizer, 
4.5     atomizer, or other device that is designed and intended specifically for medical purposes 
4.6     to dispense prescribed or over-the-counter medications.
4.7         Subd. 2. Prohibition. Except as provided in subdivision 3, it is unlawful for any 
4.8     person or business establishment to possess, purchase, sell, offer to sell, or use an alcohol 
4.9     without liquid device.
4.10        Subd. 3. Research exemption. This section does not apply to a hospital that 
4.11    operates primarily for the purpose of conducting scientific research, a state institution 
4.12    conducting bona fide research, a private college or university conducting bona fide 
4.13    research, or a pharmaceutical company or biotechnology company conducting bona fide 
4.14    research.
4.15        Subd. 4. Penalty. Except as provided in subdivision 3, it is unlawful for any person 
4.16    or business establishment to utilize a nebulizer, inhaler, or atomizer or other device as 
4.17    described in subdivision 1, for the purposes of inhaling alcoholic beverages.
4.18    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
4.19    violations committed on or after that date. 

4.20        Sec. 5. Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
4.21        Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 
4.22    section.
4.23    (b) "Person" means any natural person, firm, partnership, corporation, or association, 
4.24    however organized.
4.25    (c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:
4.26    (1) operates a place of refuge where abused, neglected, unwanted, impounded, 
4.27    abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
4.28    (2) does not conduct any commercial activity with respect to any animal of which 
4.29    the organization is an owner; and
4.30    (3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the 
4.31    organization is an owner, except as an integral part of the species survival plan of the 
4.32    American Zoo and Aquarium Association.
4.33    (d) "Possess" means to own, care for, have custody of, or control.
4.34    (e) "Regulated animal" means:
5.1     (1) all members of the Felidae family including, but not limited to, lions, tigers, 
5.2     cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats 
5.3     recognized as a domestic breed, registered as a domestic breed, and shown as a domestic 
5.4     breed by a national or international multibreed cat registry association;
5.5     (2) bears; and
5.6     (3) all nonhuman primates, including, but not limited to, lemurs, monkeys, 
5.7     chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
5.8     Regulated animal includes any hybrid or cross between an animal listed in clause 
5.9     (1), (2), or (3) and a domestic animal and offspring from all subsequent generations of 
5.10    those crosses or hybrids.
5.11    (f) "Local animal control authority" means an agency of the state, county, 
5.12    municipality, or other governmental subdivision of the state that is responsible for animal 
5.13    control operations in its jurisdiction.
5.14    (g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the 
5.15    meanings given them in section 609.02.
5.16    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
5.17    committed on or after that date.

5.18        Sec. 6. Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
5.19        Subd. 4. Requirements. (a) A person who possesses a regulated animal must 
5.20    maintain health and ownership records on each animal and must maintain the records 
5.21    for the life of the animal. If possession of the regulated animal is transferred to another 
5.22    person, a copy of the health and ownership records must accompany the animal.
5.23    (b) A person who possesses a regulated animal must maintain an ongoing program 
5.24    of veterinary care which includes a veterinary visit to the premises at least annually.
5.25    (c) A person who possesses a regulated animal must notify the local animal control 
5.26    authority in writing within ten days of a change in address or location where the regulated 
5.27    animal is kept. The notification of change in address or location form must be prepared by 
5.28    the Minnesota Animal Control Association and approved by the Board of Animal Health. 
5.29    (d) A person with a United States Department of Agriculture license for regulated 
5.30    animals shall forward a copy of the United States Department of Agriculture inspection 
5.31    report to the local animal control authority within 30 days of receipt of the inspection 
5.32    report.
5.33    (e) A person who possesses a regulated animal shall prominently display a sign on 
5.34    the structure where the animal is housed indicating that a dangerous  regulated animal 
5.35    is on the premises.
6.1     (f) A person who possesses a regulated animal must notify, as soon as practicable, 
6.2     local law enforcement officials of any escape of a regulated animal. The person who 
6.3     possesses the regulated animal is liable for any costs incurred by any person, city, county, 
6.4     or state agency resulting from the escape of a regulated animal unless the escape is due to 
6.5     a criminal act by another person or a natural event.
6.6     (g) A person who possesses a regulated animal must maintain a written recovery 
6.7     plan in the event of the escape of a regulated animal. The person must maintain live traps, 
6.8     or other equipment necessary to assist in the recovery of the regulated animal.
6.9     (h) If requested by the local animal control authority, A person may not move a 
6.10    regulated animal from its location unless the person notifies the local animal control 
6.11    authority prior to moving the animal. The notification must include the date and the 
6.12    location where the animal is  to be moved. This paragraph does not apply to a regulated 
6.13    animal transported to a licensed veterinarian.
6.14    (i) If a person who possesses a regulated animal can no longer care for the animal, 
6.15    the person shall take steps to find long-term placement for the regulated animal.
6.16    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
6.17    committed on or after that date.

6.18        Sec. 7. Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
6.19        Subd. 5. Seizure. (a) The local animal control authority, upon issuance of a 
6.20    notice of inspection, must be granted access at reasonable times to sites where the local 
6.21    animal control authority has reason to believe a violation of this chapter is occurring or 
6.22    has occurred.
6.23    (b) If a person who possesses a regulated animal is not in compliance with the 
6.24    requirements of this section, the local animal control authority shall take possession of the 
6.25    animal for custody and care, provided that the procedures in this subdivision are followed.
6.26    (c) Upon request of a person possessing a regulated animal, the local animal control 
6.27    authority may allow the animal to remain in the physical custody of the owner for 30 days, 
6.28    during which time the owner shall take all necessary actions to come in compliance with 
6.29    this section. During the 30-day period, the local animal control authority may inspect, at 
6.30    any reasonable time, the premises where the animal is kept.
6.31    (d) If a person who possesses a regulated animal is not in compliance with this 
6.32    section following the 30-day period described in paragraph (c), the local animal control 
6.33    authority shall seize the animal and place it in a holding facility that is appropriate for the 
6.34    species for up to ten days. 
7.1     (e) The authority taking custody of an animal under this section shall provide a 
7.2     notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at 
7.3     the place where the animal is taken into custody, or by delivering it to a person residing 
7.4     on the property. The notice must include:
7.5     (1) a description of the animal seized; the authority for and purpose of the seizure; 
7.6     the time, place, and circumstances under which the animal was seized; and a contact 
7.7     person and telephone number;
7.8     (2) a statement that a person from whom a regulated animal was seized may post 
7.9     security to prevent disposition of the animal and may request a hearing concerning the 
7.10    seizure and that failure to do so within five business days of the date of the notice will 
7.11    result in disposition of the animal;
7.12    (3) a statement that actual costs of the care, keeping, and disposal of the regulated 
7.13    animal are the responsibility of the person from whom the animal was seized, except to 
7.14    the extent that a court or hearing officer finds that the seizure or impoundment was not 
7.15    substantially justified by law; and
7.16    (4) a form that can be used by a person from whom a regulated animal was seized 
7.17    for requesting a hearing under this subdivision.
7.18    (e)  (f) If a person from whom the regulated animal was seized makes a request 
7.19    within five business days of the seizure, a hearing must be held within five business days 
7.20    of the request to determine the validity of the seizure and disposition of the animal. The 
7.21    judge or hearing officer may authorize the return of the animal to the person from whom 
7.22    the animal was seized if the judge or hearing officer finds:
7.23    (1) that the person can and will provide the care required by law for the regulated 
7.24    animal; and
7.25    (2) the regulated animal is physically fit.
7.26    (f)  (g) If a judge or hearing officer orders a permanent disposition of the regulated 
7.27    animal, the local animal control authority may take steps to find long-term placement for 
7.28    the animal with a wildlife sanctuary, persons authorized by the Department of Natural 
7.29    Resources, or an appropriate United States Department of Agriculture licensed facility.
7.30    (g)  (h) A person from whom a regulated animal is seized is liable for all actual costs 
7.31    of care, keeping, and disposal of the animal, except to the extent that a court or hearing 
7.32    officer finds that the seizure was not substantially justified by law. The costs must be paid 
7.33    in full or a mutually satisfactory arrangement for payment must be made between the 
7.34    local animal control authority and the person claiming an interest in the animal before 
7.35    return of the animal to the person.
8.1     (h)  (i) A person from whom a regulated animal has been seized under this 
8.2     subdivision may prevent disposition of the animal by posting security in the amount 
8.3     sufficient to provide for the actual costs of care and keeping of the animal. The security 
8.4     must be posted within five business days of the seizure, inclusive of the day of the seizure.
8.5     (i)  (j) If circumstances exist threatening the life of a person or the life of any animal, 
8.6     local law enforcement or the local animal control authority shall  may seize a regulated 
8.7     animal without an opportunity for hearing or court order, or destroy the animal.
8.8     EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
8.9     committed on or after that date.

8.10        Sec. 8. Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision 
8.11    to read:
8.12        Subd. 9a. Confinement and control. A person violates this subdivision who 
8.13    possesses a regulated animal and negligently fails to control the animal or keep it properly 
8.14    confined and as a result the animal causes bodily harm, substantial bodily harm, or great 
8.15    bodily harm to another person.
8.16    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
8.17    committed on or after that date.

8.18        Sec. 9. Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
8.19        Subd. 10. Penalty.  (a) A person who knowingly violates subdivision 2, 3,  paragraph 
8.20    (b) or (c), or 4 is guilty of a misdemeanor.
8.21    (b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a 
8.22    gross misdemeanor.
8.23    (c) A person who violates subdivision 9a resulting in bodily harm is guilty of a 
8.24    misdemeanor and may be sentenced to imprisonment for not more than 90 days or to 
8.25    payment of a fine of not more than $1,000, or both.
8.26    (d) A person who violates subdivision 9a resulting in substantial bodily harm is 
8.27    guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
8.28    one year or to payment of a fine of not more than $3,000, or both.
8.29    (e) A person who violates subdivision 9a resulting in great bodily harm or death 
8.30    is guilty of a felony and may be sentenced to imprisonment for not more than two years 
8.31    or to payment of a fine of not more than $5,000, or both, unless a greater penalty is 
8.32    provided elsewhere.
9.1     EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
9.2     committed on or after that date.

9.3         Sec. 10. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, 
9.4     is amended to read:
9.5         Subd. 22. Domestic abuse no contact order. (a) A domestic abuse no contact order 
9.6     is an order issued by a court against a defendant in a criminal proceeding for:
9.7     (1) domestic abuse;
9.8     (2) harassment or stalking charged under section 609.749 and committed against 
9.9     a family or household member;
9.10    (3) violation of an order for protection charged under subdivision 14; or
9.11    (4) violation of a prior domestic abuse no contact order charged under this 
9.12    subdivision.
9.13    It includes pretrial orders before final disposition of the case and probationary orders 
9.14    after sentencing.
9.15    (b) A person who knows of the existence of a domestic abuse no contact order issued 
9.16    against the person and violates the order is guilty of a misdemeanor.
9.17    (c) A person is guilty of a gross misdemeanor who knowingly violates this 
9.18    subdivision during the time period between a previous qualified domestic violence-related 
9.19    offense conviction and the end of the five years following discharge from sentence for 
9.20    that offense.
9.21    (d) A peace officer shall arrest without a warrant and take into custody a person 
9.22    whom the peace officer has probable cause to believe has violated a domestic abuse no 
9.23    contact order, even if the violation of the order did not take place in the presence of the 
9.24    peace officer, if the existence of the order can be verified by the officer. The person shall 
9.25    be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
9.26    unless the person is released earlier by a judge or judicial officer. A peace officer acting 
9.27    in good faith and exercising due care in making an arrest pursuant to this paragraph is 
9.28    immune from civil liability that might result from the officer's actions.
9.29    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
9.30    committed on or after that date.

9.31        Sec. 11. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
9.32    amended to read:
10.1        Subd. 16. Qualified domestic violence-related offense. "Qualified domestic 
10.2    violence-related offense" includes the following offenses: sections 518B.01, subdivision 
10.3    14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 
10.4    (violation of domestic abuse no contact order); 609.221 (first-degree assault); 609.222 
10.5    (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 
10.6    609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault 
10.7    by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree 
10.8    criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 
10.9    (fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 
10.10   609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining 
10.11   order); and 609.749 (harassment/stalking); and 609.78, subdivision 2 (interference with 
10.12   an emergency call); and similar laws of other states, the United States, the District of 
10.13   Columbia, tribal lands, and United States territories.
10.14   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
10.15   committed on or after that date.

10.16       Sec. 12. Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4, 
10.17   is amended to read:
10.18       Subd. 4. Increased sentence for offender who commits a sixth felony. Whenever 
10.19   a person is convicted of a felony, and the judge is imposing an executed sentence based 
10.20   on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose 
10.21   an aggravated durational departure from the presumptive sentence up to the statutory 
10.22   maximum sentence if the factfinder determines that the offender has five or more prior 
10.23   felony convictions and that the present offense is a felony that was committed as part 
10.24   of a pattern of criminal conduct.
10.25   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
10.26   committed on or after that date.

10.27       Sec. 13. Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
10.28       Subd. 7. Prosecutor shall establish. Whenever reasonable grounds exist to believe 
10.29   that the defendant or an accomplice used a firearm or other dangerous weapon or had in 
10.30   possession a firearm, at the time of commission of an offense listed in subdivision 9, 
10.31   the prosecutor shall, at the time of trial or at the plea of guilty, present on the record 
10.32   all evidence tending to establish that fact unless it is otherwise admitted on the record. 
10.33   The question of whether the defendant or an accomplice, at the time of commission of 
11.1    an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
11.2    in possession a firearm shall be determined by the court on the record factfinder at the 
11.3    time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the 
11.4    record of the trial or the plea of guilty. The court factfinder shall also determine on the 
11.5    record at the time of sentencing whether the defendant has been convicted of a second or 
11.6    subsequent offense in which the defendant or an accomplice, at the time of commission 
11.7    of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
11.8    in possession a firearm.
11.9    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
11.10   committed on or after that date. 

11.11       Sec. 14. Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
11.12       Subd. 6. Public employees with mandated duties. A person is guilty of a gross 
11.13   misdemeanor who:
11.14   (1) assaults an agricultural inspector, occupational safety and health investigator, 
11.15   child protection worker, public health nurse, animal control officer, or probation or parole 
11.16   officer while the employee is engaged in the performance of a duty mandated by law, 
11.17   court order, or ordinance;
11.18   (2) knows that the victim is a public employee engaged in the performance of the 
11.19   official public duties of the office; and
11.20   (3) inflicts demonstrable bodily harm.
11.21   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
11.22   committed on or after that date.

11.23       Sec. 15. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
11.24       Subd. 4. Felony. Whoever violates the provisions of this section or section  
11.25   609.224, subdivision 1, against the same victim during the time period between the first 
11.26   of any combination of two or more previous qualified domestic violence-related offense 
11.27   convictions or adjudications of delinquency and the end of the five years following 
11.28   discharge from sentence or disposition for that offense is guilty of a felony and may be 
11.29   sentenced to imprisonment for not more than five years or payment of a fine of not more 
11.30   than $10,000, or both. 
11.31   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
11.32   committed on or after that date.

12.1        Sec. 16. Minnesota Statutes 2004, section 609.233, subdivision 1, is amended to read:
12.2        Subdivision 1. Crime. A caregiver or operator who intentionally neglects a 
12.3    vulnerable adult or knowingly permits conditions to exist that result in the abuse or 
12.4    neglect of a vulnerable adult is guilty of a gross misdemeanor criminal neglect and may 
12.5    be sentenced as provided in subdivision 3. For purposes of this section, "abuse" has the 
12.6    meaning given in section  626.5572, subdivision 2, and "neglect" means a failure to provide 
12.7    a vulnerable adult with necessary food, clothing, shelter, health care, or supervision. 
12.8    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
12.9    committed on or after that date. 

12.10       Sec. 17. Minnesota Statutes 2004, section 609.233, is amended by adding a subdivision 
12.11   to read:
12.12       Subd. 3.  Penalties.  (a) Except as provided in paragraph (b), a caregiver or operator 
12.13   who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced 
12.14   to imprisonment for not more than one year or to payment of a fine of not more than 
12.15   $3,000, or both. 
12.16   (b) A caregiver, who is an individual and has responsibility for the care of a 
12.17   vulnerable adult as a result of a family relationship, may be sentenced as follows: 
12.18   (1) if a violation of subdivision 1 results in the death of the vulnerable adult, to 
12.19   imprisonment for not more than ten years or to payment of a fine of not more than 
12.20   $20,000, or both; or 
12.21   (2) if a violation of subdivision 1 results in substantial bodily harm or the risk of 
12.22   death, to imprisonment for not more than five years or payment of a fine of not more 
12.23   than $10,000, or both. 
12.24   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
12.25   committed on or after that date. 

12.26       Sec. 18. Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding 
12.27   a subdivision to read:
12.28       Subd. 3a.  Mandatory sentence for certain engrained offenders.  (a) A court shall 
12.29   commit a person to the commissioner of corrections for a period of time that is not less 
12.30   than double the presumptive sentence under the sentencing guidelines and not more than 
12.31   the statutory maximum, or if the statutory maximum is less than double the presumptive 
12.32   sentence, for a period of time that is equal to the statutory maximum, if:
13.1    (1) the court is imposing an executed sentence on a person convicted of committing 
13.2    or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or 
13.3    609.3453; 
13.4    (2) the factfinder determines that the offender is a danger to public safety; and 
13.5    (3) the factfinder determines that the offender's criminal sexual behavior is so 
13.6    engrained that the risk of reoffending is great without intensive psychotherapeutic 
13.7    intervention or other long-term treatment or supervision extending beyond the presumptive 
13.8    term of imprisonment and supervised release.
13.9    (b) The factfinder shall base its determination that the offender is a danger to public 
13.10   safety on any of the following factors:
13.11   (1) the crime involved an aggravating factor that would justify a durational departure 
13.12   from the presumptive sentence under the sentencing guidelines;
13.13   (2) the offender previously committed or attempted to commit a predatory crime 
13.14   or a violation of section 609.224 or 609.2242, including:
13.15   (i) an offense committed as a juvenile that would have been a predatory crime or a 
13.16   violation of section 609.224 or 609.2242 if committed by an adult; or 
13.17   (ii) a violation or attempted violation of a similar law of any other state or the United 
13.18   States; or
13.19   (3) the offender planned or prepared for the crime prior to its commission.
13.20   (c) As used in this section, "predatory crime" has the meaning given in section 
13.21   609.341, subdivision 22.
13.22   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
13.23   committed on or after that date. 

13.24       Sec. 19. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, 
13.25   is amended to read:
13.26       Subd. 4. Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
13.27   statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
13.28   person to imprisonment for life if the person is convicted of violating section 609.342, 
13.29   609.343, 609.344, 609.345, or 609.3453 and:
13.30   (1) the person has two previous sex offense convictions;
13.31   (2) the person has a previous sex offense conviction and:
13.32   (i) the factfinder determines that the present offense involved an aggravating factor 
13.33   that would provide grounds for an upward durational departure under the sentencing 
13.34   guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
13.35   convictions;
14.1    (ii) the person received an upward durational departure from the sentencing 
14.2    guidelines for the previous sex offense conviction; or
14.3    (iii) the person was sentenced under this section or section 609.108 for the previous 
14.4    sex offense conviction; or
14.5    (3) the person has two prior sex offense convictions, and the factfinder determines 
14.6    that the prior convictions and present offense involved at least three separate victims, and:
14.7    (i) the factfinder determines that the present offense involved an aggravating factor 
14.8    that would provide grounds for an upward durational departure under the sentencing 
14.9    guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
14.10   convictions;
14.11   (ii) the person received an upward durational departure from the sentencing 
14.12   guidelines for one of the prior sex offense convictions; or
14.13   (iii) the person was sentenced under this section or section 609.108 for one of the 
14.14   prior sex offense convictions.
14.15   (b) Notwithstanding paragraph (a), a court may not sentence a person to 
14.16   imprisonment for life for a violation of section 609.345, unless the person's previous or 
14.17   prior sex offense convictions that are being used as the basis for the sentence are for 
14.18   violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the 
14.19   United States, this state, or any other state.
14.20   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
14.21   committed on or after that date. 

14.22       Sec. 20. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, 
14.23   is amended to read:
14.24       Subd. 8. Terms of conditional release; applicable to all sex offenders. (a) The 
14.25   provisions of this subdivision relating to conditional release apply to all sex offenders 
14.26   sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or 
14.27   609.3453. Except as provided in this subdivision, conditional release of sex offenders is 
14.28   governed by provisions relating to supervised release. The commissioner of corrections 
14.29   may not dismiss an offender on conditional release from supervision until the offender's 
14.30   conditional release term expires.
14.31   (b) The conditions of release may include successful completion of treatment and 
14.32   aftercare in a program approved by the commissioner, satisfaction of the release conditions 
14.33   specified in section 244.05, subdivision 6, and any other conditions the commissioner 
14.34   considers appropriate. The commissioner shall develop a plan to pay the cost of treatment 
14.35   of a person released under this subdivision. The plan may include co-payments from 
15.1    offenders, third-party payers, local agencies, or other funding sources as they are identified. 
15.2    This section does not require the commissioner to accept or retain an offender in a 
15.3    treatment program. Before the offender is placed on conditional release, the commissioner 
15.4    shall notify the sentencing court and the prosecutor in the jurisdiction where the offender 
15.5    was sentenced of the terms of the offender's conditional release. The commissioner also 
15.6    shall make reasonable efforts to notify the victim of the offender's crime of the terms of 
15.7    the offender's conditional release. If the offender fails to meet any condition of release, the 
15.8    commissioner may revoke the offender's conditional release and order that the offender 
15.9    serve all or a part of the remaining portion of the conditional release term in prison.
15.10   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
15.11   committed on or after that date. 

15.12       Sec. 21. Minnesota Statutes 2005 Supplement, section 609.485, subdivision 2, is 
15.13   amended to read:
15.14       Subd. 2. Acts prohibited. Whoever does any of the following may be sentenced as 
15.15   provided in subdivision 4:
15.16   (1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or 
15.17   conviction of a crime, or while held in lawful custody on an allegation or adjudication 
15.18   of a delinquent act;
15.19   (2) transfers to another, who is in lawful custody on a charge or conviction of a 
15.20   crime, or introduces into an institution in which the latter is confined, anything usable in 
15.21   making such escape, with intent that it shall be so used;
15.22   (3) having another in lawful custody on a charge or conviction of a crime, 
15.23   intentionally permits the other to escape;
15.24   (4) escapes while in a facility designated under section 253B.18, subdivision 1, 
15.25   pursuant to a court commitment order after a finding of not guilty by reason of mental 
15.26   illness or mental deficiency of a crime against the person, as defined in section 253B.02, 
15.27   subdivision 4a. Notwithstanding section 609.17, no person may be charged with or 
15.28   convicted of an attempt to commit a violation of this clause;
15.29   (5) escapes while in or under the supervision of a facility designated under section 
15.30   253B.18, subdivision 1, pursuant to a court hold or commitment order under section 
15.31   253B.185 or Minnesota Statutes 1992, section 526.10; or
15.32   (6) escapes while on pass status or provisional discharge according to section 
15.33   253B.18.
16.1    For purposes of clause (1), "escapes while held in lawful custody" includes 
16.2    absconding from electronic monitoring or absconding after removing an electronic 
16.3    monitoring device from the person's body.
16.4    EFFECTIVE DATE.This section is effective August 1, 2006 and applies to crimes 
16.5    committed on or after that date. 

16.6        Sec. 22. Minnesota Statutes 2005 Supplement, section 609.485, subdivision 4, is 
16.7    amended to read:
16.8        Subd. 4. Sentence. (a) Except as otherwise provided in subdivision 3a, whoever 
16.9    violates this section may be sentenced as follows:
16.10   (1) if the person who escapes is in lawful custody for a felony, to imprisonment for 
16.11   not more than five years or to payment of a fine of not more than $10,000, or both;
16.12   (2) if the person who escapes is in lawful custody after a finding of not guilty by 
16.13   reason of mental illness or mental deficiency of a crime against the person, as defined in 
16.14   section 253B.02, subdivision 4a, or pursuant to a court commitment order under section 
16.15   253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for not more than 
16.16   one year and one day or to payment of a fine of not more than $3,000, or both;
16.17   (3) if the person who escapes is in lawful custody for a gross misdemeanor or 
16.18   misdemeanor, or if the person who escapes is in lawful custody on an allegation or 
16.19   adjudication of a delinquent act, to imprisonment for not more than one year or to payment 
16.20   of a fine of not more than $3,000, or both; or
16.21   (4) if the person who escapes is under civil commitment under sections section 
16.22   253B.18 and 253B.185, to imprisonment for not more than one year and one day or to 
16.23   payment of a fine of not more than $3,000, or both.; or
16.24   (5) if the person who escapes is under a court hold, civil commitment, or supervision 
16.25   under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for 
16.26   not more than five years or to payment of a fine of not more than $10,000, or both.
16.27   (b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was 
16.28   effected by violence or threat of violence against a person, the sentence may be increased 
16.29   to not more than twice those permitted in paragraph (a), clauses (1) and (3).
16.30   (c) Unless a concurrent term is specified by the court, a sentence under this section 
16.31   shall be consecutive to any sentence previously imposed or which may be imposed for any 
16.32   crime or offense for which the person was in custody when the person escaped.
16.33   (d) Notwithstanding paragraph (c), if a person who was committed to the 
16.34   commissioner of corrections under section 260B.198 escapes from the custody of the 
16.35   commissioner while 18 years of age, the person's sentence under this section shall 
17.1    commence on the person's 19th birthday or on the person's date of discharge by the 
17.2    commissioner of corrections, whichever occurs first. However, if the person described 
17.3    in this clause is convicted under this section after becoming 19 years old and after 
17.4    having been discharged by the commissioner, the person's sentence shall commence 
17.5    upon imposition by the sentencing court.
17.6    (e) Notwithstanding paragraph (c), if a person who is in lawful custody on an 
17.7    allegation or adjudication of a delinquent act while 18 years of age escapes from a local 
17.8    juvenile correctional facility, the person's sentence under this section begins on the 
17.9    person's 19th birthday or on the person's date of discharge from the jurisdiction of the 
17.10   juvenile court, whichever occurs first. However, if the person described in this paragraph 
17.11   is convicted after becoming 19 years old and after discharge from the jurisdiction of the 
17.12   juvenile court, the person's sentence begins upon imposition by the sentencing court.
17.13   (f) Notwithstanding paragraph (a), any person who escapes or absconds from 
17.14   electronic monitoring or removes an electric monitoring device from the person's body is 
17.15   guilty of a crime and shall be sentenced to imprisonment for not more than one year or to 
17.16   a payment of a fine of not more than $3,000, or both. A person in lawful custody for a 
17.17   violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 609.222, 
17.18   609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, or 609.3451 who escapes or 
17.19   absconds from electronic monitoring or removes an electronic monitoring device while 
17.20   under sentence may be sentenced to imprisonment for not more than five years or to a 
17.21   payment of a fine of not more than $10,000, or both.
17.22   EFFECTIVE DATE.This section is effective August 1, 2006 and applies to crimes 
17.23   committed on or after that date.

17.24       Sec. 23. Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision 
17.25   to read:
17.26       Subd. 5. Venue. Notwithstanding anything to the contrary in section 627.01, an 
17.27   offense committed under subdivision 1 or 3 may be prosecuted in:
17.28   (1) the county where the offense occurred; or
17.29   (2) the county where the underlying criminal act occurred. 
17.30   EFFECTIVE DATE.This section is effective July 1, 2006.

17.31       Sec. 24. [609.632] COUNTERFEITING OF CURRENCY.
17.32       Subdivision 1. Manufacturing; printing.  Whoever, with the intent to defraud, 
17.33   falsely makes, alters, prints, scans, images, or copies any United States postal money 
18.1    order, United States currency, Federal Reserve note, or other obligation or security of the 
18.2    United States so that it purports to be genuine or has different terms or provisions than that 
18.3    of the United States Postal Service or United States Treasury is guilty of counterfeiting 
18.4    and may be sentenced as provided in subdivision 4. 
18.5        Subd. 2. Means for false reproduction.  Whoever, with intent to defraud, makes, 
18.6    engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, 
18.7    paper, cloth, fabric, ink, or other material for the false reproduction of any United States 
18.8    postal money order, United States currency, Federal Reserve note, or other obligation or 
18.9    security of the United States is guilty of counterfeiting and may be sentenced as provided 
18.10   in subdivision 4. 
18.11       Subd. 3. Uttering or possessing.  Whoever, with intent to defraud, utters or 
18.12   possesses with intent to utter any counterfeit United States postal money order, United 
18.13   States currency, Federal Reserve note, or other obligation or security of the United States, 
18.14   having reason to know that the money order, currency, note, or obligation or security is 
18.15   forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited 
18.16   currency and may be sentenced as provided in subdivision 4. 
18.17       Subd. 4. Penalty.  (a) A person who is convicted of violating subdivision 1 or 2 
18.18   may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
18.19   not more than $100,000, or both. 
18.20   (b) A person who is convicted of violating subdivision 3 may be sentenced as 
18.21   follows: 
18.22   (1) to imprisonment for not more than 20 years or to payment of a fine of not more 
18.23   than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
18.24   property or services having a value of more than $35,000, or the aggregate face value of 
18.25   the counterfeited item is more than $35,000; 
18.26   (2) to imprisonment for not more than ten years or to payment of a fine of not more 
18.27   than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
18.28   property or services having a value of more than $2,500, or the aggregate face value of the 
18.29   counterfeited item is more than $2,500; 
18.30   (3) to imprisonment for not more than five years or to payment of a fine of not 
18.31   more than $10,000, or both, if: 
18.32   (i) the counterfeited item is used to obtain or in an attempt to obtain property or 
18.33   services having a value of more than $250, or the aggregate face value of the counterfeited 
18.34   item is more than $250; or 
18.35   (ii) the counterfeited item is used to obtain or in an attempt to obtain property 
18.36   or services having a value of no more than $250, or the aggregate face value of the 
19.1    counterfeited item is no more than $250, and the person has been convicted within the 
19.2    preceding five years for an offense under this section, section 609.24; 609.245; 609.52; 
19.3    609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from 
19.4    another state or the United States in conformity with any of those sections, and the person 
19.5    received a felony or gross misdemeanor sentence for the offense, or a sentence that was 
19.6    stayed under section 609.135 if the offense to which a plea was entered would allow the 
19.7    imposition of a felony or gross misdemeanor sentence; or 
19.8    (4) to imprisonment for not more than one year or to payment of a fine of not more 
19.9    than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
19.10   property or services having a value of no more than $250, or the aggregate face value of 
19.11   the counterfeited item is no more than $250. 
19.12       Subd. 5. Aggregation; venue.  In any prosecution under this section, the value of the 
19.13   counterfeited United States postal money orders, United States currency, Federal Reserve 
19.14   notes, or other obligations or securities of the United States, offered by the defendant in 
19.15   violation of this section within any six-month period may be aggregated and the defendant 
19.16   charged accordingly in applying the provisions of this section. When two or more offenses 
19.17   are committed by the same person in two or more counties, the accused may be prosecuted 
19.18   in any county in which one of the counterfeited items was forged, offered, or possessed, 
19.19   for all of the offenses aggregated under this subdivision. 
19.20   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
19.21   committed on or after that date.

19.22       Sec. 25. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 
19.23   to read:
19.24       Subd. 7. Conditional release term. Notwithstanding the statutory maximum 
19.25   sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
19.26   when a court commits a person to the custody of the commissioner of corrections for 
19.27   violating this section, the court shall provide that after the person has completed the 
19.28   sentence imposed, the commissioner shall place the person on conditional release for five 
19.29   years. If the person has previously been convicted of a violation of this section, section 
19.30   609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar 
19.31   statute of the United States, this state, or any state, the commissioner shall place the 
19.32   person on conditional release for ten years. The terms of conditional release are governed 
19.33   by section 609.3455, subdivision 8.
20.1    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
20.2    committed on or after that date. 

20.3        Sec. 26. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 
20.4    to read:
20.5        Subd. 9. Conditional release term. Notwithstanding the statutory maximum 
20.6    sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
20.7    when a court commits a person to the custody of the commissioner of corrections for 
20.8    violating this section, the court shall provide that after the person has completed the 
20.9    sentence imposed, the commissioner shall place the person on conditional release for five 
20.10   years. If the person has previously been convicted of a violation of this section, section 
20.11   609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar 
20.12   statute of the United States, this state, or any state, the commissioner shall place the 
20.13   person on conditional release for ten years. The terms of conditional release are governed 
20.14   by section 609.3455, subdivision 8.
20.15   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
20.16   committed on or after that date. 

20.17       Sec. 27. Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:
20.18       Subd. 3. Definition. As used in this section, "federal law enforcement officer" 
20.19   means an officer or employee whether employed inside or outside the state of the Federal 
20.20   Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal 
20.21   Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, or the 
20.22   Immigration and Naturalization Service, the Department of Homeland Security, or the 
20.23   United States Postal Inspection Service, or their successor agencies, who is responsible for 
20.24   the prevention or detection of crimes or for the enforcement of the United States Code and 
20.25   who is authorized to arrest, with or without a warrant, any individual for a violation of 
20.26   the United States Code.
20.27   EFFECTIVE DATE.This section is effective August 1, 2006.

20.28       Sec. 28. Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to 
20.29   read:
20.30   EFFECTIVE DATE. This section is effective the day  following final enactment 
20.31   and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
20.32   sought on or  after that date.  This section expires February 1, 2007.  
21.1    EFFECTIVE DATE.This section is effective the day following final enactment. 

21.2        Sec. 29. Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to 
21.3    read:
21.4    EFFECTIVE DATE. This section is effective the day  following final enactment 
21.5    and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
21.6    sought on or  after that date.  This section expires February 1, 2007.  
21.7    EFFECTIVE DATE.This section is effective the day following final enactment. 

21.8        Sec. 30. Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to 
21.9    read:
21.10   EFFECTIVE DATE. This section is effective the day  following final enactment 
21.11   and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
21.12   sought on or  after that date.  This section expires February 1, 2007.  
21.13   EFFECTIVE DATE.This section is effective the day following final enactment. 

21.14       Sec. 31. Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to 
21.15   read:
21.16   EFFECTIVE DATE. This section is effective the day  following final enactment 
21.17   and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
21.18   sought on or  after that date.  This section expires February 1, 2007.  
21.19   EFFECTIVE DATE.This section is effective the day following final enactment. 

21.20       Sec. 32. SENTENCING GUIDELINES MODIFICATIONS.
21.21   (a) Except as provided in paragraph (b), the modifications related to sex offenses 
21.22   proposed by the Minnesota Sentencing Guidelines Commission and described in the 
21.23   January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on 
21.24   August 1, 2008.
21.25   (b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, 
21.26   clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected 
21.27   and do not take effect.
21.28   (c) The commission is requested to rank violations of:
21.29   (1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), 
21.30   at severity level C; 
21.31   (2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
22.1    (3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), 
22.2    at severity level E; and 
22.3    (4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
22.4    (d) If the commission decides to make the changes requested in paragraph (c), it 
22.5    shall ensure that the changes are effective on August 1, 2008, and publish an updated 
22.6    version of the sentencing guidelines that include the changes by that date.
22.7    EFFECTIVE DATE.This section is effective the day following final enactment.

22.8        Sec. 33. REVISOR'S INSTRUCTION.
22.9    When appropriate, the revisor of statutes shall replace statutory references to 
22.10   Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a. 
22.11   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
22.12   committed on or after that date.

22.13       Sec. 34.  REPEALER.
22.14   Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions 
22.15   1 and 3, and Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4, 
22.16   6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, are repealed.
22.17   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
22.18   committed on or after that date.

22.19                                          ARTICLE 2
22.20                      CONTROLLED SUBSTANCES, DWI, AND DRIVING PROVISIONS

22.21       Section 1. Minnesota Statutes 2004, section 169.13, is amended to read:
22.22   169.13 RECKLESS OR CARELESS DRIVING.
22.23       Subdivision 1. Reckless driving. (a) Any person who drives any vehicle in such a 
22.24   manner as to indicate either a willful or a wanton disregard for the safety of persons or 
22.25   property is guilty of reckless driving and such reckless driving is a misdemeanor.
22.26   (b) A person shall not race any vehicle upon any street or highway of this state. 
22.27   Any person who willfully compares or contests relative speeds by operating one or more 
22.28   vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed 
22.29   contested or compared is in excess of the maximum speed prescribed by law.
22.30       Subd. 2. Careless driving. Any person who operates or halts any vehicle upon any 
22.31   street or highway carelessly or heedlessly in disregard of the rights of others, or in a 
23.1    manner that endangers or is likely to endanger any property or any person, including the 
23.2    driver or passengers of the vehicle, is guilty of a misdemeanor.
23.3        Subd. 3. Application. (a) The provisions of this section apply, but are not limited in 
23.4    application, to any person who drives any vehicle in the manner prohibited by this section:
23.5    (1) upon the ice of any lake, stream, or river, including but not limited to the ice of 
23.6    any boundary water; or
23.7    (2) in a parking lot ordinarily used by or available to the public though not as a 
23.8    matter of right, and a driveway connecting such a the  parking lot with a street or highway.
23.9    (b) This section does not apply to:
23.10   (1) an authorized emergency vehicle, when responding to an emergency call or when 
23.11   in pursuit of an actual or suspected violator; 
23.12   (2) the emergency operation of any vehicle when avoiding imminent danger; or
23.13   (3) any raceway, racing facility, or other public event sanctioned by the appropriate 
23.14   governmental authority.
23.15   EFFECTIVE DATE.This section is effective August 1, 2006, for violations 
23.16   committed on or after that date.

23.17       Sec. 2. Minnesota Statutes 2004, section 169A.20, subdivision 1, is amended to read:
23.18       Subdivision 1. Driving while impaired crime. It is a crime for any person to 
23.19   drive, operate, or be in physical control of any motor vehicle within this state or on any 
23.20   boundary water of this state:
23.21   (1) when the person is under the influence of alcohol;
23.22   (2) when the person is under the influence of a controlled substance;
23.23   (3) when the person is knowingly under the influence of a hazardous substance that 
23.24   affects the nervous system, brain, or muscles of the person so as to substantially impair 
23.25   the person's ability to drive or operate the motor vehicle;
23.26   (4) when the person is under the influence of a combination of any two or more of 
23.27   the elements named in clauses (1), (2), and (3);
23.28   (5) when the person's alcohol concentration at the time, or as measured within 
23.29   two hours of the time, of driving, operating, or being in physical control of the motor 
23.30   vehicle is 0.08 or more;
23.31   (6) when the vehicle is a commercial motor vehicle and the person's alcohol 
23.32   concentration at the time, or as measured within two hours of the time, of driving, 
23.33   operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
23.34   (7) when the person's body contains any amount of a controlled substance listed in 
23.35   schedule I or II, or its metabolite,  other than marijuana or tetrahydrocannabinols.
24.1    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
24.2    impaired driving incidents occurring on or after that date. 

24.3        Sec. 3. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
24.4        Subdivision 1. Degree described. A person who violates section  169A.20 (driving 
24.5    while impaired) is guilty of first-degree driving while impaired if the person: 
24.6    (1) commits the violation within ten years of the first of three or more qualified 
24.7    prior impaired driving incidents; or
24.8    (2) has previously been convicted of a felony under this section; or
24.9    (3) within the past ten years, has been convicted of a felony under section 609.21, 
24.10   subdivision 1, clause (2), (3), (4), (5) or (6); or 609.21, subdivision 3, clause (2), (3), 
24.11   (4), (5) or (6).
24.12   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
24.13   violations of section 169A.20 occurring on or after that date.

24.14       Sec. 4. Minnesota Statutes 2004, section 169A.28, subdivision 1, is amended to read:
24.15       Subdivision 1. Mandatory consecutive sentences. (a) The court shall impose 
24.16   consecutive sentences when it sentences a person for:
24.17   (1) violations of section  169A.20 (driving while impaired) arising out of separate 
24.18   courses of conduct; 
24.19   (2) a violation of section  169A.20 when the person, at the time of sentencing, is 
24.20   on probation for, or serving, an executed sentence for a violation of section  169A.20 
24.21   or Minnesota Statutes 1998, section  169.121 (driver under the influence of alcohol or 
24.22   controlled substance) or  169.129 (aggravated DWI-related violations; penalty), and the 
24.23   prior sentence involved a separate course of conduct; or 
24.24   (3) a violation of section  169A.20 and another offense arising out of a single course 
24.25   of conduct that is listed in subdivision 2, paragraph (e), when the person has five or more 
24.26   qualified prior impaired driving incidents within the past ten years. 
24.27   (b) The requirement for consecutive sentencing in paragraph (a) does not apply if the 
24.28   person is being sentenced to an executed prison term for a violation of section 169A.20 
24.29   (driving while impaired) under circumstances described in section 169A.24 (first-degree 
24.30   driving while impaired). 
24.31   EFFECTIVE DATE.This section is effective the day following final enactment. 

24.32       Sec. 5. Minnesota Statutes 2004, section 169A.45, subdivision 1, is amended to read:
25.1        Subdivision 1. Alcohol concentration evidence. Upon the trial of any prosecution 
25.2    arising out of acts alleged to have been committed by any person arrested for violating 
25.3    section  169A.20 (driving while impaired) or  169A.31 (alcohol-related school bus or Head 
25.4    Start bus driving), the court may admit evidence of the presence or amount of alcohol in 
25.5    the person's blood, breath, or urine as shown by an analysis of those items. In addition, 
25.6    in a prosecution for a violation of section  169A.20, the court may admit evidence of 
25.7    the presence or amount in the person's blood, breath, or urine, as shown by an analysis 
25.8    of those items, of: 
25.9    (1) a  controlled substances substance  or its metabolite; or 
25.10   (2) a  hazardous substances in the person's blood, breath, or urine as shown by an 
25.11   analysis of those items substance. 
25.12   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
25.13   impaired driving incidents occurring on or after that date. 

25.14       Sec. 6. Minnesota Statutes 2004, section 169A.51, subdivision 1, is amended to read:
25.15       Subdivision 1. Implied consent; conditions; election of test. (a) Any person 
25.16   who drives, operates, or is in physical control of a motor vehicle within this state or on 
25.17   any boundary water of this state consents, subject to the provisions of sections  169A.50 
25.18   to  169A.53 (implied consent law), and section  169A.20 (driving while impaired), to a 
25.19   chemical test of that person's blood, breath, or urine for the purpose of determining the 
25.20   presence of alcohol, a controlled substances substance or its metabolite, or a hazardous 
25.21   substances substance. The test must be administered at the direction of a peace officer. 
25.22   (b) The test may be required of a person when an officer has probable cause to believe 
25.23   the person was driving, operating, or in physical control of a motor vehicle in violation of 
25.24   section  169A.20 (driving while impaired), and one of the following conditions exist: 
25.25   (1) the person has been lawfully placed under arrest for violation of section  169A.20 
25.26   or an ordinance in conformity with it; 
25.27   (2) the person has been involved in a motor vehicle accident or collision resulting in 
25.28   property damage, personal injury, or death;
25.29   (3) the person has refused to take the screening test provided for by section  169A.41 
25.30   (preliminary screening test); or 
25.31   (4) the screening test was administered and indicated an alcohol concentration of 
25.32   0.08 or more.
25.33   (c) The test may also be required of a person when an officer has probable cause to 
25.34   believe the person was driving, operating, or in physical control of a commercial motor 
25.35   vehicle with the presence of any alcohol.
26.1    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
26.2    impaired driving incidents occurring on or after that date. 

26.3        Sec. 7. Minnesota Statutes 2004, section 169A.51, subdivision 2, is amended to read:
26.4        Subd. 2. Implied consent advisory. At the time a test is requested, the person 
26.5    must be informed:
26.6    (1) that Minnesota law requires the person to take a test:
26.7    (i) to determine if the person is under the influence of alcohol, controlled substances, 
26.8    or hazardous substances;
26.9    (ii) to determine the presence of a controlled substance listed in schedule I or II or 
26.10   metabolite, other than marijuana or tetrahydrocannabinols; and
26.11   (iii) if the motor vehicle was a commercial motor vehicle, to determine the presence 
26.12   of alcohol;
26.13   (2) that refusal to take a test is a crime;
26.14   (3) if the peace officer has probable cause to believe the person has violated the 
26.15   criminal vehicular homicide and injury laws, that a test will be taken with or without 
26.16   the person's consent; and
26.17   (4) that the person has the right to consult with an attorney, but that this right is 
26.18   limited to the extent that it cannot unreasonably delay administration of the test.
26.19   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
26.20   impaired driving incidents occurring on or after that date. 

26.21       Sec. 8. Minnesota Statutes 2004, section 169A.51, subdivision 4, is amended to read:
26.22       Subd. 4. Requirement of urine or blood test. Notwithstanding subdivision 3, a 
26.23   blood or urine test may be required even after a breath test has been administered if there 
26.24   is probable cause to believe that:
26.25   (1) there is impairment by a controlled substance or a hazardous substance that is 
26.26   not subject to testing by a breath test; or
26.27   (2) a controlled substance listed in schedule I or II or its metabolite, other than 
26.28   marijuana or tetrahydrocannabinols, is present in the person's body.
26.29   Action may be taken against a person who refuses to take a blood test under this 
26.30   subdivision only if a urine test was offered and action may be taken against a person who 
26.31   refuses to take a urine test only if a blood test was offered.
26.32   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
26.33   impaired driving incidents occurring on or after that date. 

27.1        Sec. 9. Minnesota Statutes 2004, section 169A.51, subdivision 7, is amended to read:
27.2        Subd. 7. Requirements for conducting tests; liability. (a) Only a physician, 
27.3    medical technician, emergency medical technician-paramedic, registered nurse, medical 
27.4    technologist, medical laboratory technician, or laboratory assistant acting at the request 
27.5    of a peace officer may withdraw blood for the purpose of determining the presence of 
27.6    alcohol, a controlled substances substance or its metabolite, or a hazardous substances 
27.7    substance. This limitation does not apply to the taking of a breath or urine sample.
27.8    (b) The person tested has the right to have someone of the person's own choosing 
27.9    administer a chemical test or tests in addition to any administered at the direction of a 
27.10   peace officer; provided, that the additional test sample on behalf of the person is obtained 
27.11   at the place where the person is in custody, after the test administered at the direction of a 
27.12   peace officer, and at no expense to the state. The failure or inability to obtain an additional 
27.13   test or tests by a person does not preclude the admission in evidence of the test taken at 
27.14   the direction of a peace officer unless the additional test was prevented or denied by the 
27.15   peace officer.
27.16   (c) The physician, medical technician, emergency medical technician-paramedic, 
27.17   medical technologist, medical laboratory technician, laboratory assistant, or registered 
27.18   nurse drawing blood at the request of a peace officer for the purpose of determining 
27.19   the concentration of alcohol, a controlled substances substance or its metabolite, or a 
27.20   hazardous substances substance  is in no manner liable in any civil or criminal action 
27.21   except for negligence in drawing the blood. The person administering a breath test must 
27.22   be fully trained in the administration of breath tests pursuant to training given by the 
27.23   commissioner of public safety.
27.24   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
27.25   impaired driving incidents occurring on or after that date. 

27.26       Sec. 10. Minnesota Statutes 2004, section 169A.52, subdivision 2, is amended to read:
27.27       Subd. 2. Reporting test failure. (a) If a person submits to a test, the results of that 
27.28   test must be reported to the commissioner and to the authority having responsibility for 
27.29   prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if 
27.30   the test results indicate:
27.31   (1) an alcohol concentration of 0.08 or more;
27.32   (2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or 
27.33   in physical control of a commercial motor vehicle at the time of the violation; or
27.34   (3) the presence of a controlled substance listed in schedule I or II or its metabolite, 
27.35   other than marijuana or tetrahydrocannabinols.
28.1    (b) If a person submits to a test and the test results indicate the presence of a 
28.2    hazardous substance, the results of that test must be reported to the authority having 
28.3    responsibility for prosecution of impaired driving offenses for the jurisdiction in which the 
28.4    acts occurred. 
28.5    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
28.6    impaired driving incidents occurring on or after that date. 

28.7        Sec. 11. Minnesota Statutes 2005 Supplement, section 169A.52, subdivision 4, is 
28.8    amended to read:
28.9        Subd. 4. Test failure; license revocation. (a) Upon certification by the peace 
28.10   officer that there existed probable cause to believe the person had been driving, operating, 
28.11   or in physical control of a motor vehicle in violation of section 169A.20 (driving 
28.12   while impaired) and that the person submitted to a test and the test results indicate an 
28.13   alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 
28.14   schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 
28.15   the commissioner shall revoke the person's license or permit to drive, or nonresident 
28.16   operating privilege:
28.17   (1) for a period of 90 days;
28.18   (2) if the person is under the age of 21 years, for a period of six months;
28.19   (3) for a person with a qualified prior impaired driving incident within the past ten 
28.20   years, for a period of 180 days; or
28.21   (4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 
28.22   the applicable period in clauses (1) to (3).
28.23   (b) On certification by the peace officer that there existed probable cause to believe 
28.24   the person had been driving, operating, or in physical control of a commercial motor 
28.25   vehicle with any presence of alcohol and that the person submitted to a test and the 
28.26   test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 
28.27   disqualify the person from operating a commercial motor vehicle under section 171.165 
28.28   (commercial driver's license disqualification).
28.29   (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 
28.30   of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 
28.31   or urine sample, the laboratory may directly certify to the commissioner the test results, 
28.32   and the peace officer shall certify to the commissioner that there existed probable cause to 
28.33   believe the person had been driving, operating, or in physical control of a motor vehicle 
28.34   in violation of section 169A.20 and that the person submitted to a test. Upon receipt 
29.1    of both certifications, the commissioner shall undertake the license actions described 
29.2    in paragraphs (a) and (b).
29.3    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
29.4    impaired driving incidents occurring on or after that date. 

29.5        Sec. 12. Minnesota Statutes 2005 Supplement, section 169A.53, subdivision 3, is 
29.6    amended to read:
29.7        Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing 
29.8    under this section must be before a district judge in any county in the judicial district 
29.9    where the alleged offense occurred. The hearing is to the court and may be conducted at 
29.10   the same time and in the same manner as hearings upon pretrial motions in the criminal 
29.11   prosecution under section 169A.20 (driving while impaired), if any. The hearing must be 
29.12   recorded. The commissioner shall appear and be represented by the attorney general or 
29.13   through the prosecuting authority for the jurisdiction involved. The hearing must be held 
29.14   at the earliest practicable date, and in any event no later than 60 days following the filing 
29.15   of the petition for review. The judicial district administrator shall establish procedures to 
29.16   ensure efficient compliance with this subdivision. To accomplish this, the administrator 
29.17   may, whenever possible, consolidate and transfer review hearings among the locations 
29.18   within the judicial district where terms of district court are held.
29.19   (b) The scope of the hearing is limited to the issues in clauses (1) to (10):
29.20   (1) Did the peace officer have probable cause to believe the person was driving, 
29.21   operating, or in physical control of a motor vehicle or commercial motor vehicle in 
29.22   violation of section 169A.20 (driving while impaired)?
29.23   (2) Was the person lawfully placed under arrest for violation of section 169A.20?
29.24   (3) Was the person involved in a motor vehicle accident or collision resulting in 
29.25   property damage, personal injury, or death?
29.26   (4) Did the person refuse to take a screening test provided for by section 169A.41 
29.27   (preliminary screening test)?
29.28   (5) If the screening test was administered, did the test indicate an alcohol 
29.29   concentration of 0.08 or more?
29.30   (6) At the time of the request for the test, did the peace officer inform the person 
29.31   of the person's rights and the consequences of taking or refusing the test as required by 
29.32   section 169A.51, subdivision 2?
29.33   (7) Did the person refuse to permit the test?
29.34   (8) If a test was taken by a person driving, operating, or in physical control of a 
29.35   motor vehicle, did the test results indicate at the time of testing:
30.1    (i) an alcohol concentration of 0.08 or more; or
30.2    (ii) the presence of a controlled substance listed in schedule I or II or its metabolite, 
30.3    other than marijuana or tetrahydrocannabinols?
30.4    (9) If a test was taken by a person driving, operating, or in physical control of a 
30.5    commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
30.6    more at the time of testing?
30.7    (10) Was the testing method used valid and reliable and were the test results 
30.8    accurately evaluated?
30.9    (c) It is an affirmative defense for the petitioner to prove that, at the time of the 
30.10   refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
30.11   (d) Certified or otherwise authenticated copies of laboratory or medical personnel 
30.12   reports, records, documents, licenses, and certificates are admissible as substantive 
30.13   evidence.
30.14   (e) The court shall order that the revocation or disqualification be either rescinded or 
30.15   sustained and forward the order to the commissioner. The court shall file its order within 
30.16   14 days following the hearing. If the revocation or disqualification is sustained, the court 
30.17   shall also forward the person's driver's license or permit to the commissioner for further 
30.18   action by the commissioner if the license or permit is not already in the commissioner's 
30.19   possession.
30.20   (f) Any party aggrieved by the decision of the reviewing court may appeal the 
30.21   decision as provided in the Rules of Appellate Procedure.
30.22   (g) The civil hearing under this section shall not give rise to an estoppel on any 
30.23   issues arising from the same set of circumstances in any criminal prosecution.
30.24   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
30.25   impaired driving incidents occurring on or after that date. 

30.26       Sec. 13. Minnesota Statutes 2004, section 169A.60, subdivision 2, is amended to read:
30.27       Subd. 2. Plate impoundment violation; impoundment order. (a) The 
30.28   commissioner shall issue a registration plate impoundment order when:
30.29   (1) a person's driver's license or driving privileges are revoked for a plate 
30.30   impoundment violation; or
30.31   (2) a person is arrested for or charged with a plate impoundment violation described 
30.32   in subdivision 1, paragraph (c) (d), clause (5).
30.33   (b) The order must require the impoundment of the registration plates of the motor 
30.34   vehicle involved in the plate impoundment violation and all motor vehicles owned by, 
30.35   registered, or leased in the name of the violator, including motor vehicles registered jointly 
31.1    or leased in the name of the violator and another. The commissioner shall not issue an 
31.2    impoundment order for the registration plates of a rental vehicle, as defined in section  
31.3    168.041, subdivision 10, or a vehicle registered in another state. 
31.4    EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
31.5    impaired driving incidents occurring on or after that date. 

31.6        Sec. 14. Minnesota Statutes 2004, section 169A.60, subdivision 4, is amended to read:
31.7        Subd. 4. Peace officer as agent for notice of impoundment. On behalf of the 
31.8    commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a 
31.9    plate impoundment violation shall also serve a notice of intent to impound and an order of 
31.10   impoundment. On behalf of the commissioner, a peace officer who is arresting a person 
31.11   for or charging a person with a plate impoundment violation described in subdivision 
31.12   1, paragraph (c) (d), clause (5), shall also serve a notice of intent to impound and an 
31.13   order of impoundment. If the vehicle involved in the plate impoundment violation is 
31.14   accessible to the officer at the time the impoundment order is issued, the officer shall seize 
31.15   the registration plates subject to the impoundment order. The officer shall destroy all 
31.16   plates seized or impounded under this section. The officer shall send to the commissioner 
31.17   copies of the notice of intent to impound and the order of impoundment and a notice that 
31.18   registration plates impounded and seized under this section have been destroyed.
31.19   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
31.20   impaired driving incidents occurring on or after that date. 

31.21       Sec. 15. Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is 
31.22   amended to read:
31.23       Subd. 2b. Instruction permit use by person under age 18. (a) This subdivision 
31.24   applies to persons who have applied for and received an instruction permit under 
31.25   subdivision 2.
31.26   (b) The permit holder may, with the permit in possession, operate a motor vehicle, 
31.27   but must be accompanied by and be under the supervision of a certified driver education 
31.28   instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 
31.29   older. The supervisor must occupy the seat beside the permit holder.
31.30   (c) The permit holder may operate a motor vehicle only when every occupant under 
31.31   the age of 18 has a seat belt or child passenger restraint system properly fastened. A 
31.32   person who violates this paragraph is subject to a fine of $25. A peace officer may 
31.33   not issue a citation for a violation of this paragraph unless the officer lawfully stopped 
32.1    or detained the driver of the motor vehicle for a moving violation as defined in section 
32.2    171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 
32.3    a person's driving record.
32.4    (d) The permit holder may not operate a vehicle while communicating over, or 
32.5    otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 
32.6    when the vehicle is in motion. The permit holder may assert as an affirmative defense that 
32.7    the violation was made for the sole purpose of obtaining emergency assistance to prevent 
32.8    a crime about to be committed, or in the reasonable belief that a person's life or safety 
32.9    was in danger. Violation of this paragraph is a petty misdemeanor subject to section 
32.10   169.89, subdivision 2.
32.11   (e) The permit holder must maintain a driving record free of convictions for moving 
32.12   violations, as defined in section 171.04, subdivision 1, and free of convictions for violation 
32.13   of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit 
32.14   holder drives a motor vehicle in violation of the law, the commissioner shall suspend, 
32.15   cancel, or revoke the permit in accordance with the statutory section violated.
32.16   EFFECTIVE DATE.This section is effective June 1, 2006, and applies to 
32.17   violations committed on and after that date.

32.18       Sec. 16. Minnesota Statutes 2005 Supplement, section 171.055, subdivision 2, is 
32.19   amended to read:
32.20       Subd. 2. Use of provisional license. (a) A provisional license holder may operate a 
32.21   motor vehicle only when every occupant under the age of 18 has a seat belt or child 
32.22   passenger restraint system properly fastened. A person who violates this paragraph is 
32.23   subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
32.24   paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
32.25   for a moving violation as defined in section 171.04. The commissioner shall not record a 
32.26   violation of this paragraph on a person's driving record.
32.27   (b) A provisional license holder may not operate a vehicle while communicating 
32.28   over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
32.29   hands free, when the vehicle is in motion. The provisional license holder may assert 
32.30   as an affirmative defense that the violation was made for the sole purpose of obtaining 
32.31   emergency assistance to prevent a crime about to be committed, or in the reasonable 
32.32   belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
32.33   misdemeanor subject to section 169.89, subdivision 2.
32.34   (c) If the holder of a provisional license during the period of provisional licensing 
32.35   incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
33.1    169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
33.2    than one conviction for a moving violation that is not crash related, the person may not be 
33.3    issued a driver's license until 12 consecutive months have expired since the date of the 
33.4    conviction or until the person reaches the age of 18 years, whichever occurs first.
33.5    EFFECTIVE DATE.This section is effective June 1, 2006, and applies to 
33.6    violations committed on and after that date. 

33.7        Sec. 17. Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:
33.8        Subd. 2. Chemically dependent person. "Chemically dependent person" means 
33.9    any person (a) determined as being incapable of self-management or management of 
33.10   personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other 
33.11   mind-altering substances; and (b) whose recent conduct as a result of habitual and 
33.12   excessive use of alcohol, drugs, or other mind-altering substances poses a substantial 
33.13   likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or 
33.14   threat to physically harm self or others, (ii) evidence of recent serious physical problems, 
33.15   or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically 
33.16   dependent person" also means a pregnant woman who has engaged during the pregnancy 
33.17   in habitual or excessive use, for a nonmedical purpose, of any of the following controlled 
33.18   substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine, 
33.19   or amphetamine.
33.20   EFFECTIVE DATE.This section is effective July 1, 2006.

33.21       Sec. 18. REMEDIATION OF HARM CAUSED BY MISDEMEANOR 
33.22   CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.
33.23       Subdivision 1.  Remediation by commissioner.  For infractions that occurred 
33.24   between July 1, 2005, and June 30, 2006, the commissioner of public safety shall expunge 
33.25   from a licensee's driving record a misdemeanor conviction for violating Minnesota 
33.26   Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055, subdivision 2, 
33.27   paragraph (b).  The commissioner is not obligated to expunge petty misdemeanor 
33.28   violations of the statutes referenced in this subdivision.
33.29       Subd. 2.  Remediation by courts.  (a) A court in which a person was convicted for a 
33.30   misdemeanor violation of Minnesota Statutes, section 171.05, subdivision 2b, paragraph 
33.31   (d), or 171.055, subdivision 2, paragraph (b), that occurred between July 1, 2005, and 
33.32   June 30, 2006, must vacate the conviction, on its own motion, without cost to the person 
33.33   convicted, and must immediately notify the person that the conviction has been vacated. 
34.1    A court shall not vacate petty misdemeanor violations of the statutes referenced in this 
34.2    subdivision.
34.3    (b) The commissioner of finance, in consultation with the Supreme Court 
34.4    administrator, shall develop and implement a procedure to refund defendants for any fine 
34.5    in excess of $300 for a conviction vacated under paragraph (a), without requiring that the 
34.6    defendant request a refund.  The procedure may require recovery of portions of the fines 
34.7    that have been allocated by law to local governmental units.
34.8    EFFECTIVE DATE.This section is effective July 1, 2006.

34.9        Sec. 19.  REPEALER.
34.10   Minnesota Statutes 2004, section 169A.41, subdivision 4, is repealed.
34.11   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 
34.12   impaired driving violations that occur on or after that date. 

34.13                                          ARTICLE 3
34.14                                        PUBLIC SAFETY

34.15       Section 1. Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision 
34.16   to read:
34.17       Subd. 29. Juvenile offender photographs. Notwithstanding section 260B.171, 
34.18   chapter 609A, or other law to the contrary, photographs or electronically produced images 
34.19   of children adjudicated delinquent under chapter 260B shall not be expunged from law 
34.20   enforcement records or databases.
34.21   EFFECTIVE DATE.This section is effective July 1, 2006.

34.22       Sec. 2. Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 
34.23   read:
34.24       Subd. 4.  Name and index service; data classification. (a) For purposes of this 
34.25   section, "name and event index service" means the data held by the Bureau of Criminal 
34.26   Apprehension that link data about an individual that are stored in one or more databases 
34.27   maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, 
34.28   and in the judiciary.
34.29   (b) Data collected, created, or maintained by the name and event index service 
34.30   are classified as private data, pursuant to section 13.02, subdivision 12, and become 
34.31   confidential data, pursuant to section 13.02, subdivision 3, when the data links private 
35.1    or public data about a specific individual to any confidential data about that individual. 
35.2    The data in the name and event index service revert to the private data classification when 
35.3    no confidential data about a specific individual are maintained in the databases. The 
35.4    classification of data in the name and event index service does not change the classification 
35.5    of the data held in the databases linked by the service.
35.6    EFFECTIVE DATE.This section is effective July 1, 2006.

35.7        Sec. 3. Minnesota Statutes 2004, section 181.973, is amended to read:
35.8    181.973 EMPLOYEE PUBLIC SAFETY PEER COUNSELING AND 
35.9    DEBRIEFING.
35.10   A person engaged in a public safety peer counseling or a public safety peer debriefing 
35.11   shall not, without the permission of the person being debriefed or counseled, be allowed to 
35.12   disclose any information or opinion which the peer group member or peer counselor has 
35.13   acquired during the debriefing process. However, this does not prohibit a peer counselor 
35.14   from disclosing information the peer counselor reasonably believes indicates that the 
35.15   person may be a danger to self or others, if the information is used only for the purpose of 
35.16   eliminating the danger to the person or others. Any information or opinion disclosed in 
35.17   violation of this paragraph is not admissible as evidence in any personnel or occupational 
35.18   licensing matter involving the person being debriefed or counseled.
35.19   For purposes of this paragraph, "public safety peer counseling or  debriefing" 
35.20   means a group process oriented debriefing session, or one-to-one contact with a peer 
35.21   counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 
35.22   or other persons involved with public safety emergency services, that is established by 
35.23   any agency providing public safety emergency services and is designed to help a person 
35.24   who has suffered an occupation-related traumatic event trauma, illness, or stress begin 
35.25   the process of healing and effectively dealing with posttraumatic stress the person's 
35.26   problems or the use of the peer counselor for direction with referrals to better service 
35.27   these occupation-related issues. A "peer counselor" means someone so designated by 
35.28   that agency.
35.29   EFFECTIVE DATE.This section is effective July 1, 2006.

35.30       Sec. 4. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, is 
35.31   amended to read:
35.32       Subd. 1b. Registration required. (a) A person shall register under this section if:
36.1    (1) the person was charged with or petitioned for a felony violation of or attempt to 
36.2    violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
36.3    of or adjudicated delinquent for that offense or another offense arising out of the same 
36.4    set of circumstances:
36.5    (i) murder under section 609.185, clause (2);
36.6    (ii) kidnapping under section 609.25;
36.7    (iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 
36.8    609.3451, subdivision 3; or 609.3453; or
36.9    (iv) indecent exposure under section 617.23, subdivision 3;
36.10   (2) the person was charged with or petitioned for a violation of, or attempt to 
36.11   violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of 
36.12   section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of 
36.13   section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of 
36.14   section 609.352; using a minor in a sexual performance in violation of section 617.246; 
36.15   or possessing pornographic work involving a minor in violation of section 617.247, and 
36.16   convicted of or adjudicated delinquent for that offense or another offense arising out 
36.17   of the same set of circumstances;
36.18   (3) the person was sentenced as a patterned sex offender under section 609.108; or
36.19   (4) the person was convicted of or adjudicated delinquent for, including pursuant 
36.20   to a court martial, violating a law of the United States, including the Uniform Code of 
36.21   Military Justice, similar to the offenses described in clause (1), (2), or (3).
36.22   (b) A person also shall register under this section if:
36.23   (1) the person was convicted of or adjudicated delinquent in another state for an 
36.24   offense that would be a violation of a law described in paragraph (a) if committed in 
36.25   this state;
36.26   (2) the person enters this state to reside, work, or attend school, or enters this state 
36.27   and remains for 14 days or longer; and
36.28   (3) ten years have not elapsed since the person was released from confinement 
36.29   or, if the person was not confined, since the person was convicted of or adjudicated 
36.30   delinquent for the offense that triggers registration, unless the person is subject to lifetime 
36.31   registration. If the person is required to register for life under Minnesota law, or the law 
36.32   of any other state in which the person was originally convicted or required to register, 
36.33   in which case the person shall register for life regardless of when the person was released 
36.34   from confinement, convicted, or adjudicated delinquent.
36.35   (c) A person also shall register under this section if the person was committed 
36.36   pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 
37.1    1992, section 526.10, or a similar law of another state or the United States, regardless of 
37.2    whether the person was convicted of any offense.
37.3    (d) A person also shall register under this section if:
37.4    (1) the person was charged with or petitioned for a felony violation or attempt to 
37.5    violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 
37.6    state or the United States, or the person was charged with or petitioned for a violation of 
37.7    any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 
37.8    the United States;
37.9    (2) the person was found not guilty by reason of mental illness or mental deficiency 
37.10   after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
37.11   states with a guilty but mentally ill verdict; and
37.12   (3) the person was committed pursuant to a court commitment order under section 
37.13   253B.18 or a similar law of another state or the United States.
37.14   EFFECTIVE DATE.This section is effective the day following final enactment 
37.15   and applies to any offender residing in Minnesota as of that date.

37.16       Sec. 5. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4, is 
37.17   amended to read:
37.18       Subd. 4. Contents of registration. (a) The registration provided to the corrections 
37.19   agent or law enforcement authority, must consist of a statement in writing signed by the 
37.20   person, giving information required by the bureau, a fingerprint card, and photograph of 
37.21   the person taken at the time of the person's release from incarceration or, if the person 
37.22   was not incarcerated, at the time the person initially registered under this section. The 
37.23   registration information also must include a written consent form signed by the person 
37.24   allowing a treatment facility or residential housing unit or shelter to release information to 
37.25   a law enforcement officer about the person's admission to, or residence in, a treatment 
37.26   facility or residential housing unit or shelter. Registration information on adults and 
37.27   juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
37.28   (b) For persons required to register under subdivision 1b, paragraph (c), following 
37.29   commitment pursuant to a court commitment under section 253B.185 or a similar law 
37.30   of another state or the United States, in addition to other information required by this 
37.31   section, the registration provided to the corrections agent or law enforcement authority 
37.32   must include the person's offense history and documentation of treatment received during 
37.33   the person's commitment. This documentation is limited to a statement of how far the 
37.34   person progressed in treatment during commitment.
38.1    (c) Within three days of receipt, the corrections agent or law enforcement authority 
38.2    shall forward the registration information to the bureau. The bureau shall ascertain 
38.3    whether the person has registered with the law enforcement authority in the area of the 
38.4    person's primary address, if any, or if the person lacks a primary address, where the person 
38.5    is staying, as required by subdivision 3a. If the person has not registered with the law 
38.6    enforcement authority, the bureau shall send one copy to that authority.
38.7    (d) The corrections agent or law enforcement authority may require that a person 
38.8    required to register under this section appear before the agent or authority to be 
38.9    photographed. The agent or authority shall forward the photograph to the bureau.
38.10   (1) Except as provided in clause (2), the agent or authority shall require a person 
38.11   required to register under this section who is classified as a level III offender under 
38.12   section 244.052 to appear before the agent or authority at least every six months to be 
38.13   photographed.
38.14   (2) The requirements of this paragraph shall not apply during any period where the 
38.15   person to be photographed is: (i) committed to the commissioner of corrections and 
38.16   incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the 
38.17   commissioner of human services and receiving treatment in a secure treatment facility.
38.18   (e) During the period a person is required to register under this section, the following 
38.19   provisions apply:
38.20   (1) Except for persons registering under subdivision 3a, the bureau shall mail a 
38.21   verification form to the person's last reported primary address. This verification form must 
38.22   provide notice to the offender that, if the offender does not return the verification form 
38.23   as required, information about the offender may be made available to the public through 
38.24   electronic, computerized, or other accessible means. For persons who are registered under 
38.25   subdivision 3a, the bureau shall mail an annual verification form to the law enforcement 
38.26   authority where the offender most recently reported. The authority shall provide the 
38.27   verification form to the person at the next weekly meeting and ensure that the person 
38.28   completes and signs the form and returns it to the bureau.
38.29   (2) The person shall mail the signed verification form back to the bureau within ten 
38.30   days after receipt of the form, stating on the form the current and last address of the 
38.31   person's residence and the other information required under subdivision 4a.
38.32   (3) In addition to the requirements listed in this section, a person who is assigned 
38.33   to risk level II or III under section 244.052, and who is no longer under correctional 
38.34   supervision for a registration offense, or a failure to register offense, but who resides, 
38.35   works, or attends school in Minnesota, shall have an annual in-person contact with a law 
38.36   enforcement authority as provided in this section. If the person resides in Minnesota, the 
39.1    annual in-person contact shall be with the law enforcement authority that has jurisdiction 
39.2    over the person's primary address or, if the person has no address, the location where the 
39.3    person is staying. If the person does not reside in Minnesota but works or attends school 
39.4    in this state, the person shall have an annual in-person contact with the law enforcement 
39.5    authority or authorities with jurisdiction over the person's school or workplace. During 
39.6    the month of the person's birth date, the person shall report to the authority to verify the 
39.7    accuracy of the registration information and to be photographed. Within three days of this 
39.8    contact, the authority shall enter information as required by the bureau into the predatory 
39.9    offender registration database and submit an updated photograph of the person to the 
39.10   bureau's predatory offender registration unit.
39.11   (4) If the person fails to mail the completed and signed verification form to the 
39.12   bureau within ten days after receipt of the form, or if the person fails to report to the 
39.13   law enforcement authority during the month of the person's birth date, the person is in 
39.14   violation of this section.
39.15   (5) For any person who fails to mail the completed and signed verification form to 
39.16   the bureau within ten days after receipt of the form and who has been determined to be 
39.17   a risk level III offender under section 244.052, the bureau shall immediately investigate 
39.18   and notify local law enforcement authorities to investigate the person's location and to 
39.19   ensure compliance with this section. The bureau also shall immediately give notice of the 
39.20   person's violation of this section to the law enforcement authority having jurisdiction over 
39.21   the person's last registered address or addresses.
39.22   For persons required to register under subdivision 1b, paragraph (c), following 
39.23   commitment pursuant to a court commitment under section 253B.185 or a similar law of 
39.24   another state or the United States, the bureau shall comply with clause (1) at least four 
39.25   times each year. For persons who, under section 244.052, are assigned to risk level III and 
39.26   who are no longer under correctional supervision for a registration offense or a failure to 
39.27   register offense, the bureau shall comply with clause (1) at least two times each year. For 
39.28   all other persons required to register under this section, the bureau shall comply with clause 
39.29   (1) each year within 30 days of the anniversary date of the person's initial registration.
39.30   (f) When sending out a verification form, the bureau shall determine whether the 
39.31   person to whom the verification form is being sent has signed a written consent form 
39.32   as provided for in paragraph (a). If the person has not signed such a consent form, the 
39.33   bureau shall send a written consent form to the person along with the verification form. 
39.34   A person who receives this written consent form shall sign and return it to the bureau 
39.35   at the same time as the verification form.

40.1        Sec. 6. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4b, is 
40.2    amended to read:
40.3        Subd. 4b. Health care facility; notice of status. (a) For the purposes of this 
40.4    subdivision, "health care facility" means a facility licensed by:
40.5    (1) the commissioner of health as a hospital, boarding care home or supervised 
40.6    living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A; or
40.7    (2) the commissioner of human services as a residential facility under chapter 245A 
40.8    to provide adult foster care, adult mental health treatment, chemical dependency treatment 
40.9    to adults, or residential services to persons with developmental disabilities.
40.10   (b) Upon admittance Prior to admission  to a health care facility, a person required to 
40.11   register under this section shall disclose to:
40.12   (1) the health care facility employee processing the admission the person's status 
40.13   as a registered predatory offender under this section; and
40.14   (2) the person's corrections agent, or if the person does not have an assigned 
40.15   corrections agent, the law enforcement authority with whom the person is currently 
40.16   required to register, that inpatient admission has occurred will occur.
40.17   (c) A law enforcement authority or corrections agent who receives notice under 
40.18   paragraph (b) or who knows that a person required to register under this section is 
40.19   planning to be admitted and receive, or has been admitted and is receiving health care 
40.20   at a health care facility shall notify the administrator of the facility and deliver a fact 
40.21   sheet to the administrator containing the following information: (1) name and physical 
40.22   description of the offender; (2) the offender's conviction history, including the dates of 
40.23   conviction; (3) the risk level classification assigned to the offender under section 244.052, 
40.24   if any; and (4) the profile of likely victims.
40.25   (d) Except for a hospital licensed under sections 144.50 to 144.58, if a health 
40.26   care facility that receives notice under this subdivision that a predatory offender has 
40.27   been admitted to the facility a fact sheet under paragraph (c) that includes a risk level 
40.28   classification for the offender, and if the facility admits the offender, the facility  shall 
40.29   notify other distribute the fact sheet to all  residents at the facility of this fact. If the facility 
40.30   determines that notice distribution  to a resident is not appropriate given the resident's 
40.31   medical, emotional, or mental status, the facility shall notify distribute the fact sheet to  the 
40.32   patient's next of kin or emergency contact.
40.33   EFFECTIVE DATE.This section is effective July 1, 2006.

40.34       Sec. 7. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 
40.35   amended to read:
41.1        Subd. 6. Registration period. (a) Notwithstanding the provisions of section 
41.2    609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 
41.3    required to register under this section shall continue to comply with this section until ten 
41.4    years have elapsed since the person initially registered in connection with the offense, or 
41.5    until the probation, supervised release, or conditional release period expires, whichever 
41.6    occurs later. For a person required to register under this section who is committed under 
41.7    section 253B.18 or 253B.185, the ten-year registration period does not include the period 
41.8    of commitment.
41.9    (b) If a person required to register under this section fails to provide the person's 
41.10   primary address as required by subdivision 3, paragraph (b), fails to comply with the 
41.11   requirements of subdivision 3a, fails to provide information as required by subdivision 
41.12   4a, or fails to return the verification form referenced in subdivision 4 within ten days, 
41.13   the commissioner of public safety may require the person to continue to register for an 
41.14   additional period of five years. This five-year period is added to the end of the offender's 
41.15   registration period.
41.16   (c) If a person required to register under this section is subsequently incarcerated 
41.17   following a conviction for a new offense or following a revocation of probation, 
41.18   supervised release, or conditional release for any offense, the person shall continue to 
41.19   register until ten years have elapsed since the person was last released from incarceration 
41.20   or until the person's probation, supervised release, or conditional release period expires, 
41.21   whichever occurs later.
41.22   (d) A person shall continue to comply with this section for the life of that person:
41.23   (1) if the person is convicted of or adjudicated delinquent for any offense for which 
41.24   registration is required under subdivision 1b, or any offense from another state or any 
41.25   federal offense similar to the offenses described in subdivision 1b, and the person has a 
41.26   prior conviction or adjudication for an offense for which registration was or would have 
41.27   been required under subdivision 1b, or an offense from another state or a federal offense 
41.28   similar to an offense described in subdivision 1b;
41.29   (2) if the person is required to register based upon a conviction or delinquency 
41.30   adjudication for an offense under section 609.185, clause (2), or a similar statute from 
41.31   another state or the United States;
41.32   (3) if the person is required to register based upon a conviction for an offense under 
41.33   section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
41.34   1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 
41.35   or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 
41.36   United States similar to the offenses described in this clause; or
42.1    (4) if the person is required to register under subdivision 1b, paragraph (c), following 
42.2    commitment pursuant to a court commitment under section 253B.185 or a similar law 
42.3    of another state or the United States; or
42.4    (5) if a person was required to register for life in any other state in which the person 
42.5    was originally convicted or required to register.
42.6    EFFECTIVE DATE.This section is effective the day following final enactment 
42.7    and applies to any offender in Minnesota as of that date.

42.8        Sec. 8. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is 
42.9    amended to read:
42.10       Subd. 4. Law enforcement agency; disclosure of information to public. (a) 
42.11   The law enforcement agency in the area where the predatory offender resides, expects 
42.12   to reside, is employed, or is regularly found, shall disclose to the public any information 
42.13   regarding the offender contained in the report forwarded to the agency under subdivision 
42.14   3, paragraph (f), that is relevant and necessary to protect the public and to counteract the 
42.15   offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of 
42.16   the information disclosed and the community to whom disclosure is made must relate to 
42.17   the level of danger posed by the offender, to the offender's pattern of offending behavior, 
42.18   and to the need of community members for information to enhance their individual and 
42.19   collective safety.
42.20   (b) The law enforcement agency shall employ the following guidelines in 
42.21   determining the scope of disclosure made under this subdivision:
42.22   (1) if the offender is assigned to risk level I, the agency may maintain information 
42.23   regarding the offender within the agency and may disclose it to other law enforcement 
42.24   agencies. Additionally, the agency may disclose the information to any victims of or 
42.25   witnesses to the offense committed by the offender. The agency shall disclose the 
42.26   information to victims of the offense committed by the offender who have requested 
42.27   disclosure and to adult members of the offender's immediate household;
42.28   (2) if the offender is assigned to risk level II, the agency also may disclose the 
42.29   information to agencies and groups that the offender is likely to encounter for the purpose 
42.30   of securing those institutions and protecting individuals in their care while they are on or 
42.31   near the premises of the institution. These agencies and groups include the staff members 
42.32   of public and private educational institutions, day care establishments, and establishments 
42.33   and organizations that primarily serve individuals likely to be victimized by the offender. 
42.34   The agency also may disclose the information to individuals the agency believes are likely 
42.35   to be victimized by the offender. The agency's belief shall be based on the offender's 
43.1    pattern of offending or victim preference as documented in the information provided by 
43.2    the department of corrections or human services;
43.3    (3) if the offender is assigned to risk level III, the agency shall disclose the 
43.4    information to the persons and entities described in clauses (1) and (2) and to other 
43.5    members of the community whom the offender is likely to encounter, unless the law 
43.6    enforcement agency determines that public safety would be compromised by the disclosure 
43.7    or that a more limited disclosure is necessary to protect the identity of the victim.
43.8    Notwithstanding the assignment of a predatory offender to risk level II or III, a law 
43.9    enforcement agency may not make the disclosures permitted or required by clause (2) or 
43.10   (3), if: the offender is placed or resides in a residential facility. However, if an offender is 
43.11   placed or resides in a residential facility, the offender and the head of the facility shall 
43.12   designate the offender's likely residence upon release from the facility and the head of 
43.13   the facility shall notify the commissioner of corrections or the commissioner of human 
43.14   services of the offender's likely residence at least 14 days before the offender's scheduled 
43.15   release date. The commissioner shall give this information to the law enforcement agency 
43.16   having jurisdiction over the offender's likely residence. The head of the residential facility 
43.17   also shall notify the commissioner of corrections or human services within 48 hours 
43.18   after finalizing the offender's approved relocation plan to a permanent residence. Within 
43.19   five days after receiving this notification, the appropriate commissioner shall give to 
43.20   the appropriate law enforcement agency all relevant information the commissioner has 
43.21   concerning the offender, including information on the risk factors in the offender's history 
43.22   and the risk level to which the offender was assigned. After receiving this information, 
43.23   the law enforcement agency shall make the disclosures permitted or required by clause 
43.24   (2) or (3), as appropriate.
43.25   (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
43.26   (1) the organizations or community members are in a location or in close proximity 
43.27   to a location where the offender lives or is employed, or which the offender visits or 
43.28   is likely to visit on a regular basis, other than the location of the offender's outpatient 
43.29   treatment program; and
43.30   (2) the types of interaction which ordinarily occur at that location and other 
43.31   circumstances indicate that contact with the offender is reasonably certain.
43.32   (d) A law enforcement agency or official who discloses information under this 
43.33   subdivision shall make a good faith effort to make the notification within 14 days of receipt 
43.34   of a confirmed address from the Department of Corrections indicating that the offender 
43.35   will be, or has been, released from confinement, or accepted for supervision, or has moved 
44.1    to a new address and will reside at the address indicated. If a change occurs in the release 
44.2    plan, this notification provision does not require an extension of the release date.
44.3    (e) A law enforcement agency or official who discloses information under this 
44.4    subdivision shall not disclose the identity or any identifying characteristics of the victims 
44.5    of or witnesses to the offender's offenses.
44.6    (f) A law enforcement agency shall continue to disclose information on an offender 
44.7    as required by this subdivision for as long as the offender is required to register under 
44.8    section 243.166. This requirement on a law enforcement agency to continue to disclose 
44.9    information also applies to an offender who lacks a primary address and is registering 
44.10   under section 243.166, subdivision 3a.
44.11   (g) A law enforcement agency that is disclosing information on an offender assigned 
44.12   to risk level III to the public under this subdivision shall inform the commissioner of 
44.13   corrections what information is being disclosed and forward this information to the 
44.14   commissioner within two days of the agency's determination. The commissioner shall 
44.15   post this information on the Internet as required in subdivision 4b.
44.16   (h) A city council may adopt a policy that addresses when information disclosed 
44.17   under this subdivision must be presented in languages in addition to English. The policy 
44.18   may address when information must be presented orally, in writing, or both in additional 
44.19   languages by the law enforcement agency disclosing the information. The policy may 
44.20   provide for different approaches based on the prevalence of non-English languages in 
44.21   different neighborhoods.
44.22   (i) An offender who is the subject of a community notification meeting held pursuant 
44.23   to this section may not attend the meeting.
44.24   (j) When a school, day care facility, or other entity or program that primarily 
44.25   educates or serves children receives notice under paragraph (b), clause (3), that a level III 
44.26   predatory offender resides or works in the surrounding community, notice to parents must 
44.27   be made as provided in this paragraph. If the predatory offender identified in the notice is 
44.28   participating in programs offered by the facility that require or allow the person to interact 
44.29   with children other than the person's children, the principal or head of the entity must 
44.30   notify parents with children at the facility of the contents of the notice received pursuant 
44.31   to this section. The immunity provisions of subdivision 7 apply to persons disclosing 
44.32   information under this paragraph.
44.33   EFFECTIVE DATE.This section is effective July 1, 2006.

44.34       Sec. 9. [299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT 
44.35   OPERATIONS CONFLICTS.
45.1    (a) Notwithstanding section 299C.405, the Department of Public Safety may employ 
45.2    a secure subscription service designed to promote and enhance officer safety during 
45.3    tactical operations by and between federal, state, and local law enforcement agencies 
45.4    by notifying law enforcement agencies of conflicts where multiple law enforcement 
45.5    operations may be occurring on the same subject or vehicle or on or near the same 
45.6    location. The notification may include warrant executions, surveillance activities, SWAT 
45.7    activities, undercover operations, and other investigative operations.
45.8    (b) Data created, collected, received, maintained, or disseminated by this system is 
45.9    classified as criminal investigative data as defined in section 13.82, subdivision 7.
45.10   EFFECTIVE DATE.This section is effective July 1, 2006.

45.11       Sec. 10. [299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN 
45.12   REMAINS.
45.13       Subdivision 1. Handling of death scene investigations. (a) The Department of 
45.14   Public Safety shall provide information to local law enforcement agencies about best 
45.15   practices for handling death scene investigations.
45.16   (b) The Department of Public Safety shall identify any publications or training 
45.17   opportunities that may be available to local law enforcement agencies or law enforcement 
45.18   officers concerning the handling of death scene investigations.
45.19       Subd. 2. Law enforcement reports. (a) After performing any death scene 
45.20   investigation considered appropriate under the circumstances, the official with custody of 
45.21   the human remains shall ensure that the human remains are delivered to the appropriate 
45.22   medical examiner.
45.23   (b) A person with custody of human remains that are not identified within 24 hours 
45.24   of discovery shall promptly notify the Department of Public Safety of the location of 
45.25   those remains.
45.26   (c) A person with custody of remains who cannot determine whether or not the 
45.27   remains found are human shall notify the Department of Public Safety of the existence of 
45.28   possible human remains.
45.29   EFFECTIVE DATE.This section is effective July 1, 2006.

45.30       Sec. 11. Minnesota Statutes 2004, section 299C.095, subdivision 2, is amended to read:
45.31       Subd. 2. Retention. (a) Notwithstanding section 138.17, the bureau shall retain 
45.32   juvenile history records for the time periods provided in this subdivision. Notwithstanding 
45.33   contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must 
46.1    be retained for the longest time period applicable to any item in the individual juvenile 
46.2    history record. If, before data are destroyed under this subdivision, the subject of the 
46.3    data is convicted of a felony as an adult, the individual's juvenile history record must be 
46.4    retained for the same time period as an adult criminal history record.
46.5    (b) Juvenile history data on a child who was arrested must be destroyed six months 
46.6    after the arrest if the child has not been referred to a diversion program and no petition has 
46.7    been filed against the child by that time.
46.8    (c) Juvenile history data on a child against whom a delinquency petition was filed 
46.9    and subsequently dismissed must be destroyed upon receiving notice from the court that 
46.10   the petition was dismissed.
46.11   (d) Juvenile history data on a child who was referred to a diversion program or 
46.12   against whom a delinquency petition has been filed and continued for dismissal must be 
46.13   destroyed when the child reaches age 21.
46.14   (e) Juvenile history data on a child against whom a delinquency petition was filed 
46.15   and continued without adjudication, or a child who was found to have committed a felony 
46.16   or gross misdemeanor-level offense, must be destroyed when the child reaches age 28. If 
46.17   the adjudication was for an offense which requires registration pursuant to section 243.166 
46.18   or 243.167, or the offender commits a felony violation as an adult, the bureau shall retain 
46.19   the data for as long as the data would have been retained if the offender had been an 
46.20   adult at the time of the juvenile offense.
46.21   (f) The bureau shall retain extended jurisdiction juvenile data on an individual 
46.22   received under section 260B.171, subdivision 2, paragraph (c), for as long as the data 
46.23   would have been retained if the offender had been an adult at the time of the offense.
46.24   (g) Data retained on individuals under this subdivision are private data under section 
46.25   13.02, except that extended jurisdiction juvenile data become public data under section 
46.26   13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult 
46.27   sentence has been executed under section 260B.130, subdivision 5.
46.28   (h) A person who receives data on a juvenile under paragraphs (b) to (e) from the 
46.29   bureau shall destroy the data according to the schedule in this subdivision, unless the 
46.30   person has access to the data under other law. The bureau shall include a notice of the 
46.31   destruction schedule with all data it disseminates on juveniles.
46.32   EFFECTIVE DATE.This section is effective July 1, 2006.

46.33       Sec. 12. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
46.34   amended to read:
47.1        Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 
47.2    section.
47.3    (b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
47.4    in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
47.5    Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
47.6    includes the Bureau of Criminal Apprehension.
47.7    (c) "Law enforcement agency" means a Minnesota municipal police department, 
47.8    the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
47.9    Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
47.10   Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
47.11   the Minnesota State Patrol.
47.12   EFFECTIVE DATE.This section is effective July 1, 2006.

47.13       Sec. 13. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 
47.14   amended to read:
47.15       Subd. 2. Task force. The policy group shall appoint a task force to assist them 
47.16   in their duties. The task force shall monitor, review, and report to the policy group on 
47.17   CriMNet-related projects and provide oversight to ongoing operations as directed by the 
47.18   policy group. The task force shall consist of the following members:
47.19   (1) two sheriffs recommended by the Minnesota Sheriffs Association;
47.20   (2) two police chiefs recommended by the Minnesota Chiefs of Police Association;
47.21   (3) two county attorneys recommended by the Minnesota County Attorneys 
47.22   Association;
47.23   (4) two city attorneys recommended by the Minnesota League of Cities;
47.24   (5) two public defenders appointed by the Board of Public Defense;
47.25   (6) two district judges appointed by the Conference of Chief Judges, one of whom is 
47.26   currently assigned to the juvenile court;
47.27   (7) two community corrections administrators recommended by the Minnesota 
47.28   Association of Counties, one of whom represents a community corrections act county;
47.29   (8) two probation officers;
47.30   (9) four public members, one of whom has been a victim of crime, and two who 
47.31   are representatives of the private business community who have expertise in integrated 
47.32   information systems and who for the purpose of meetings of the full task force may be 
47.33   compensated pursuant to section 15.059;
47.34   (10) two court administrators;
48.1    (11) one member of the house of representatives appointed by the speaker of the 
48.2    house;
48.3    (12) one member of the senate appointed by the majority leader;
48.4    (13) the attorney general or a designee;
48.5    (14) two individuals recommended by the Minnesota League of Cities, one of 
48.6    whom works or resides in greater Minnesota and one of whom works or resides in the 
48.7    seven-county metropolitan area;
48.8    (15) two individuals recommended by the Minnesota Association of Counties, one 
48.9    of whom works or resides in greater Minnesota and one of whom works or resides in the 
48.10   seven-county metropolitan area;
48.11   (16) the director of the Sentencing Guidelines Commission;
48.12   (17) one member appointed by the state chief information officer;
48.13   (17) (18) one member appointed by the commissioner of public safety;
48.14   (18) (19) one member appointed by the commissioner of corrections;
48.15   (19) (20) one member appointed by the commissioner of administration; and
48.16   (20) (21) one member appointed by the chief justice of the Supreme Court.
48.17   In making these appointments, the appointing authority shall select members with 
48.18   expertise in integrated data systems or best practices.
48.19   The commissioner of public safety may appoint additional, nonvoting members to 
48.20   the task force as necessary from time to time.
48.21   EFFECTIVE DATE.This section is effective July 1, 2006.

48.22       Sec. 14. Minnesota Statutes 2004, section 299E.01, subdivision 2, is amended to read:
48.23       Subd. 2. Responsibilities. The division shall be responsible and shall utilize 
48.24   state employees for security and public information services in the Capitol complex of 
48.25   state-owned buildings and state leased to own buildings in the Capitol area, as described 
48.26   in section 15B.02; it shall provide such personnel as are required by the circumstances to 
48.27   insure the orderly conduct of state business and the convenience of the public.
48.28   EFFECTIVE DATE.This section is effective July 1, 2007.

48.29       Sec. 15. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
48.30       Subd. 5. Appeal policy; variance. Upon application, the state fire marshal may 
48.31   grant variances from the minimum requirements specified in the code if there is substantial 
48.32   compliance with the provisions of the code, the safety of the public and occupants of 
48.33   such building will not be jeopardized, and undue hardship will result to the applicant 
49.1    unless such variance is granted. No appeal to the state fire marshal for a variance from 
49.2    orders issued by a local fire official from the Uniform Fire Code shall be accepted until 
49.3    the applicant has first made application to the local governing body and the local unit has 
49.4    acted on the application. The state fire marshal shall consider the decision any decisions 
49.5    or recommendations  of the local governing body. Any person aggrieved by a decision 
49.6    made by the fire marshal under this subdivision may proceed before the fire marshal as 
49.7    with a contested case in accordance with the Administrative Procedure Act.
49.8    EFFECTIVE DATE.This section is effective July 1, 2006. 

49.9        Sec. 16. Minnesota Statutes 2004, section 525.9214, is amended to read:
49.10   525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND 
49.11   NOTIFICATION.
49.12   (a) If, at or near the time of death of a patient, there is no documentation in the 
49.13   medical record that the patient has made or refused to make an anatomical gift, the hospital 
49.14   administrator or a representative designated by the administrator shall discuss with the 
49.15   patient or a relative of the patient the option to make or refuse to make an anatomical 
49.16   gift and may request the making of an anatomical gift pursuant to section  525.9211 or  
49.17   525.9212. The request must be made with reasonable discretion and sensitivity to the 
49.18   circumstances of the family. A request is not required if the gift is not suitable, based 
49.19   upon accepted medical standards, for a purpose specified in section  525.9215. An entry 
49.20   must be made in the medical record of the patient, stating the name of the individual 
49.21   making the request, and the name, response, and relationship to the patient of the person 
49.22   to whom the request was made. 
49.23   (b) The following persons shall make a reasonable search for a document of gift or 
49.24   other information identifying the bearer as a donor or as an individual who has refused to 
49.25   make an anatomical gift:
49.26   (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer 
49.27   finding an individual who the searcher believes is dead or near death;
49.28   (2) a hospital or emergency care facility, upon the admission or presentation of an 
49.29   individual at or near the time of death, if there is not immediately available any other 
49.30   source of that information; and
49.31   (3) a medical examiner or coroner upon receipt of a body.
49.32   (c) If a document of gift or evidence of refusal to make an anatomical gift is located 
49.33   by the search required by paragraph (b), clause (1), and the individual or body to whom it 
49.34   relates is taken to a hospital, the hospital must be notified of the contents and the document 
50.1    or other evidence must be sent to the hospital. If a body is taken to a morgue, the person 
50.2    who discovered the body must notify the person's dispatcher. A dispatcher notified under 
50.3    this section must notify the state's federally designated organ procurement organization 
50.4    and inform the organization of the deceased's name, donor status, and location.
50.5    (d) If, at or near the time of death of a patient, a hospital knows that an anatomical 
50.6    gift has been made pursuant to section  525.9212, paragraph (a), or a release and removal 
50.7    of a part has been permitted pursuant to section  525.9213, or that a patient or an individual 
50.8    identified as in transit to the hospital is a donor, the hospital shall notify the donee if one 
50.9    is named and known to the hospital; if not, it shall notify an appropriate procurement 
50.10   organization. The hospital shall cooperate in the implementation of the anatomical gift 
50.11   or release and removal of a part. 
50.12   (e) A person who fails to discharge the duties imposed by this section is not subject 
50.13   to criminal or civil liability.
50.14   EFFECTIVE DATE.This section is effective the day following final enactment.

50.15       Sec. 17. Minnesota Statutes 2004, section 611A.0315, is amended to read:
50.16   611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; 
50.17   HARASSMENT.
50.18       Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make 
50.19   every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 
50.20   offense, or harassment that the prosecutor has decided to decline prosecution of the case 
50.21   or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 
50.22   should include, in order of priority: (1) contacting the victim or a person designated by the 
50.23   victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 
50.24   the notification attempt shall be made before the suspect is released from custody.
50.25   (b) Whenever a prosecutor dismisses criminal charges against a person accused of 
50.26   domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 
50.27   of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 
50.28   witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
50.29   (c) Whenever a prosecutor notifies a victim of domestic assault or harassment under 
50.30   this section, the prosecutor shall also inform the victim of the method and benefits of 
50.31   seeking an order for protection under section  518B.01 or a restraining order under section  
50.32   609.748 and that the victim may seek an order without paying a fee. 
50.33       Subd. 2. Definitions. For the purposes of this section, the following terms have 
50.34   the meanings given them.
51.1    (a) "Assault" has the meaning given it in section  609.02, subdivision 10. 
51.2    (b) "Domestic assault" means an assault committed by the actor against a family or 
51.3    household member.
51.4    (c) "Family or household member" has the meaning given it in section  518B.01, 
51.5    subdivision 2.
51.6    (d) "Harassment" means a violation of section  609.749. 
51.7    (e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 
51.8    609.3453.
51.9    EFFECTIVE DATE.This section is effective July 1, 2006.

51.10       Sec. 18. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
51.11       Subd. 8. Suspension, revocation, or refusal to renew certification. (a) The state 
51.12   fire marshal may suspend, revoke, or refuse to renew certification of an operator if the 
51.13   operator has:
51.14   (1) submitted a fraudulent application;
51.15   (2) caused or permitted a fire or safety hazard to exist or occur during the storage, 
51.16   transportation, handling, preparation, or use of fireworks;
51.17   (3) conducted a display of fireworks without receipt of a permit required by the 
51.18   state or a political subdivision;
51.19   (4) conducted a display of fireworks with assistants who were not at least 18 years of 
51.20   age, properly instructed, and continually supervised; or
51.21   (5) otherwise failed to comply with any federal or state law or regulation, or the 
51.22   guidelines, relating to fireworks.
51.23   (b) Any person aggrieved by a decision made by the state fire marshal under this 
51.24   subdivision may petition the state fire marshal in writing to reconsider the decision. The 
51.25   state fire marshal shall render a decision in writing within 30 days of receipt of the 
51.26   written request for reconsideration. Following reconsideration, the person may appeal 
51.27   the decision to the district court.
51.28   EFFECTIVE DATE.This section is effective July 1, 2006. 

51.29       Sec. 19. [626.9601] DEFINITIONS.
51.30       Subdivision 1. Scope of definitions. For purposes of sections 626.9601 to 626.9615, 
51.31   the following terms have the meanings given them.
51.32       Subd. 2. Bloodborne pathogens. "Bloodborne pathogens" means pathogenic 
51.33   microorganisms that are present in human blood and can cause disease in humans.  These 
52.1    pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus 
52.2    (HCV), and human immunodeficiency virus (HIV).
52.3        Subd. 3. Law enforcement agency. "Law enforcement agency" has the meaning 
52.4    given in section 626.84, subdivision 1.
52.5        Subd. 4. Peace officer. "Peace officer" is an individual employed as a licensed 
52.6    peace officer under section 626.84, subdivision 1.
52.7        Subd. 5. Source individual. "Source individual" means an individual, living 
52.8    or dead, whose blood, tissue, or potentially infectious body fluids may be a source of 
52.9    bloodborne pathogen exposure to a peace officer.
52.10       Subd. 6. Significant exposure. "Significant exposure" means contact likely to 
52.11   transmit a bloodborne pathogen, in a manner supported by the most current guidelines and 
52.12   recommendations of the United States Public Health Service at the time an evaluation 
52.13   takes place, that includes:
52.14   (1) percutaneous injury, contact of mucous membrane or nonintact skin, or 
52.15   prolonged contact of intact skin; and
52.16   (2) contact, in a manner that may transmit a bloodborne pathogen, with blood, 
52.17   tissue, or potentially infectious body fluids.
52.18       Subd. 7. Facility. "Facility" means a hospital licensed under sections 144.50 to 
52.19   144.56 or a freestanding emergency medical care facility licensed under Laws 1988, 
52.20   chapter 467, that receives a peace officer for evaluation for significant exposure or a 
52.21   source individual whose bodily fluids contacted a peace officer.
52.22   EFFECTIVE DATE.This section is effective July 1, 2006.

52.23       Sec. 20. [626.9602] CONDITIONS FOR APPLICABILITY OF PROCEDURES.
52.24       Subdivision 1. Request for procedures. A peace officer or law enforcement agency 
52.25   may request that a facility follow the procedures of sections 626.9601 to 626.9615 when a 
52.26   peace officer may have experienced a significant exposure to a source individual.
52.27       Subd. 2. Conditions. A facility shall follow the procedures outlined in sections 
52.28   626.9601 to 626.9615 when all of the following conditions are met:
52.29   (1) the facility determines that significant exposure has occurred, following the 
52.30   protocol under section 626.9614;
52.31   (2) the licensed physician for the peace officer needs the source individual's 
52.32   bloodborne pathogen test results to begin, continue, modify, or discontinue treatment, in 
52.33   accordance with the most current guidelines of the United States Public Health Service, 
52.34   because of possible exposure to a bloodborne pathogen; and
53.1    (3) the peace officer consents to provide a blood sample for testing for a bloodborne 
53.2    pathogen.  If the peace officer consents to blood collection, but does not consent at that 
53.3    time to bloodborne pathogen testing, the facility shall preserve the sample for at least 90 
53.4    days.  If the peace officer elects to have the sample tested within 90 days, the testing 
53.5    shall be done as soon as feasible.
53.6        Subd. 3. Locating source individual. If the source individual is not received by a 
53.7    facility but the facility is providing treatment to the peace officer, the law enforcement 
53.8    agency shall make reasonable efforts to locate the source individual and inform the facility 
53.9    of the source individual's identity and location.  The facility shall make a reasonable effort 
53.10   to contact the source individual in order to follow the procedures in sections 626.9601 to 
53.11   626.9615.  The law enforcement agency and facilities may exchange private data about 
53.12   the source individual as necessary to fulfill their responsibilities under this subdivision, 
53.13   notwithstanding any provision of law to the contrary.
53.14   EFFECTIVE DATE.This section is effective July 1, 2006.

53.15       Sec. 21. [626.9603] INFORMATION REQUIRED TO BE GIVEN TO 
53.16   INDIVIDUALS.
53.17       Subdivision 1. Information to source individual. (a) Before seeking any consent 
53.18   required by the procedures under sections 626.9601 to 626.9615, a facility shall inform 
53.19   the source individual that the source individual's bloodborne pathogen test results, without 
53.20   the individual's name, address, or other uniquely identifying information, shall be reported 
53.21   to the peace officer if requested, and that test results collected under sections 626.9601 to 
53.22   626.9615 are for medical purposes as set forth in section 626.9609 and may not be used as 
53.23   evidence in any criminal proceedings or civil proceedings, except for procedures under 
53.24   sections 144.4171 to 144.4186.
53.25   (b) The facility shall inform the source individual of the insurance protections in 
53.26   section 72A.20, subdivision 29.
53.27   (c) The facility shall inform the source individual that the individual may refuse to 
53.28   provide a blood sample and that the source individual's refusal may result in a request for 
53.29   a court order to require the source individual to provide a blood sample.
53.30   (d) The facility shall inform the source individual that the facility will advise the 
53.31   peace officer of the confidentiality requirements and penalties before disclosing any test 
53.32   information.
53.33       Subd. 2. Information to peace officer. (a) Before disclosing any information about 
53.34   the source individual, the facility shall inform the peace officer of the confidentiality 
54.1    requirements of section 626.9611 and that the peace officer may be subject to penalties for 
54.2    unauthorized release of information about the source individual under section 626.9612.
54.3    (b) The facility shall inform the peace officer of the insurance protections in section 
54.4    72A.20, subdivision 29.
54.5    EFFECTIVE DATE.This section is effective July 1, 2006.

54.6        Sec. 22. [626.9604] DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN 
54.7    TEST RESULTS.
54.8    If the conditions of sections 626.9602 and 626.9603 are met, the facility shall ask the 
54.9    source individual and the peace officer if they have ever had a positive test for a bloodborne 
54.10   pathogen.  The facility must attempt to get existing test results under this section before 
54.11   taking any steps to obtain a blood sample or to test for bloodborne pathogens.  The facility 
54.12   shall disclose the source individual's bloodborne pathogen test results to the peace officer 
54.13   without the source individual's name, address, or other uniquely identifying information.
54.14   EFFECTIVE DATE.This section is effective July 1, 2006.

54.15       Sec. 23. [626.9605] CONSENT PROCEDURES; GENERALLY.
54.16   (a) For purposes of sections 626.9601 to 626.9615, whenever the facility is required 
54.17   to seek consent, the facility shall follow its usual procedure for obtaining consent from an 
54.18   individual or an individual's representative consistent with other law applicable to consent.
54.19   (b) Consent from a source individual's representative for bloodborne pathogen 
54.20   testing of an existing blood sample obtained from the source individual is not required if 
54.21   the facility has made reasonable efforts to obtain the representative's consent and consent 
54.22   cannot be obtained within 24 hours of a significant exposure.
54.23   (c) If testing of the source individual's blood occurs without consent because the 
54.24   source individual is unable to provide consent or has left the facility and cannot be located, 
54.25   and the source individual's representative cannot be located, the facility shall provide 
54.26   the information required in section 626.9603 to the source individual or representative 
54.27   whenever it is possible to do so.
54.28   (d) If a source individual dies before an opportunity to consent to blood collection 
54.29   or testing under sections 626.9601 to 626.9615, the facility does not need consent of the 
54.30   deceased person's representative for purposes of sections 626.9601 to 626.9615.
54.31   EFFECTIVE DATE.This section is effective July 1, 2006.

54.32       Sec. 24. [626.9606] TESTING OF AVAILABLE BLOOD.
55.1        Subdivision 1. Procedures with consent. If the source individual is or was under 
55.2    the care or custody of the facility and a sample of the source individual's blood is available 
55.3    with the consent of the source individual, the facility shall test that blood for bloodborne 
55.4    pathogens with the consent of the source individual, provided the conditions in sections 
55.5    626.9602 and 626.9603 are met.
55.6        Subd. 2. Procedures without consent. If the source individual has provided a blood 
55.7    sample with consent but does not consent to bloodborne pathogen testing, the facility shall 
55.8    test for bloodborne pathogens if the peace officer or law enforcement agency requests the 
55.9    test, provided all of the following criteria are met:
55.10   (1) the peace officer or law enforcement agency has documented exposure to blood 
55.11   or body fluids during performance of the peace officer's duties;
55.12   (2) the facility has determined that a significant exposure has occurred and a licensed 
55.13   physician for the peace officer has documented in the peace officer's medical record that 
55.14   bloodborne pathogen test results are needed for beginning, modifying, continuing, or 
55.15   discontinuing medical treatment for the peace officer under section 626.9614, subdivision 
55.16   2;
55.17   (3) the peace officer provides a blood sample for testing for bloodborne pathogens 
55.18   as soon as feasible;
55.19   (4) the facility asks the source individual to consent to a test for bloodborne 
55.20   pathogens and the source individual does not consent;
55.21   (5) the facility has provided the source individual with all of the information required 
55.22   by section 626.9603; and
55.23   (6) the facility has informed the  peace officer of the confidentiality requirements 
55.24   of section 626.9611 and the penalties for unauthorized release of source information 
55.25   under section 626.9612.
55.26       Subd. 3. Follow-up. The facility shall inform the source individual and the peace 
55.27   officer of their own test results.  The facility shall inform the peace officer of the source 
55.28   individual's test results without the source individual's name, address, or other uniquely 
55.29   identifying information.
55.30   EFFECTIVE DATE.This section is effective July 1, 2006.

55.31       Sec. 25. [626.9607] BLOOD SAMPLE COLLECTION FOR TESTING.
55.32       Subdivision 1. Procedures with consent. (a) If a blood sample is not otherwise 
55.33   available, the facility shall obtain consent from the source individual before collecting 
55.34   a blood sample for testing for bloodborne pathogens.  The consent process shall include 
55.35   informing the source individual that the individual may refuse to provide a blood sample 
56.1    and that the source individual's refusal may result in a request for a court order under 
56.2    subdivision 2 to require the source individual to provide a blood sample.
56.3    (b) If the source individual consents to provide a blood sample, the facility shall 
56.4    collect a blood sample and test the sample for bloodborne pathogens.
56.5    (c) The facility shall inform the peace officer about the source individual's test 
56.6    results without the individual's name, address, or other uniquely identifying information. 
56.7    The facility shall inform the source individual of the test results.
56.8    (d) If the source individual refuses to provide a blood sample for testing, the facility 
56.9    shall inform the peace officer of the source individual's refusal.
56.10       Subd. 2. Procedures without consent. (a) A law enforcement agency or a peace 
56.11   officer may bring a petition for a court order to require a source individual to provide a 
56.12   blood sample for testing for bloodborne pathogens.  The petition shall be filed in the 
56.13   district court in the county where the source individual resides or is hospitalized or where 
56.14   the peace officer is being treated. The petitioner is not required to serve the petition on the 
56.15   source individual prior to the hearing.  The petition shall include one or more affidavits 
56.16   attesting that:
56.17   (1) the facility followed the procedures in sections  626.9601 to 626.9615 and 
56.18   attempted to obtain bloodborne pathogen test results according to those sections;
56.19   (2) it has been determined under section 626.9614, subdivision 2, that a significant 
56.20   exposure has occurred to the peace officer; and
56.21   (3) a physician with specialty training in infectious diseases, including HIV, has 
56.22   documented that the peace officer has provided a blood sample and consented to testing 
56.23   for bloodborne pathogens and bloodborne pathogen test results are needed for beginning, 
56.24   continuing, modifying, or discontinuing medical treatment for the peace officer.
56.25   (b) Facilities shall cooperate with petitioners in providing any necessary affidavits to 
56.26   the extent that facility staff can attest under oath to the facts in the affidavits.
56.27   (c) The court must issue an order requiring the source individual to provide a 
56.28   blood sample for bloodborne pathogen testing within 48 hours of receiving the order if 
56.29   the court finds that:
56.30   (1) there is probable cause to believe the peace officer has experienced a significant 
56.31   exposure to the source individual;
56.32   (2) a licensed physician for the peace officer needs the test results for beginning, 
56.33   continuing, modifying, or discontinuing medical treatment for the peace officer; and
56.34   (3) there is a reasonable need for the test results.  In assessing reasonable need, 
56.35   the court shall weigh the need for the court-ordered blood collection and test results 
56.36   against the interests of the source individual, including, but not limited to, privacy, health, 
57.1    safety, or economic interests.  The court shall also consider whether the involuntary blood 
57.2    collection and testing would serve the public interest.
57.3    (d) As part of an order issued under this subdivision, the court must impose 
57.4    appropriate safeguards against unauthorized disclosure that must specify the persons who 
57.5    have access to the test results and the purposes for which the test results may be used.
57.6    (e) The court shall schedule the hearing within 24 hours of receiving the petition and 
57.7    may conduct the proceeding in camera unless the court determines that a public hearing 
57.8    is necessary for the proper administration of justice.  The source individual need not be 
57.9    present or have received notice of the hearing for the court to proceed.  The evidence or 
57.10   testimony in support or opposition to a petition may be made or taken by telephone, 
57.11   facsimile transmission, video equipment, or other electronic communication.  The court 
57.12   shall issue its ruling within 24 hours of the conclusion of the hearing.
57.13   (f) If the source individual did not make an appearance at the hearing, the petitioner 
57.14   must personally serve the source individual with a copy of the ex parte order along with a 
57.15   copy of the petition and supporting affidavits.  A notice of the right to contest the order and 
57.16   the deadline for filing the appeal must accompany service of the order and petition.
57.17   (g) If the source individual did not make an appearance at the hearing, the source 
57.18   individual may petition the court for a hearing to contest the court order. The source 
57.19   individual's appeal must be filed within 48 hours of the person receiving the ex parte 
57.20   order.  The person may not be compelled to submit to a blood test during the pendency 
57.21   of an appeal.  The court must hold a hearing within 24 hours from the date the appeal is 
57.22   filed.  The court may vacate its ex parte order if the source individual proves by clear and 
57.23   convincing evidence that the person's bodily fluids did not contact the peace officer. The 
57.24   court must issue a ruling within 24 hours of the conclusion of the hearing.
57.25   (h) A source individual who fails or refuses to comply with the terms and conditions 
57.26   of an order issued under this section shall be in contempt of court and subject to 
57.27   confinement under section 588.12 until the person has complied with the order.
57.28   EFFECTIVE DATE.This section is effective July 1, 2006.

57.29       Sec. 26. [626.9608] NO DISCRIMINATION.
57.30   A facility shall not base decisions about admission to a facility or the provision of 
57.31   care or treatment on any requirement that the source individual consent to bloodborne 
57.32   pathogen testing under sections 626.9601 to 626.9615.
57.33   EFFECTIVE DATE.This section is effective July 1, 2006.

58.1        Sec. 27. [626.9609] USE OF TEST RESULTS.
58.2    Bloodborne pathogen test results of a source individual obtained under sections 
58.3    626.9601 to 626.9615 are for diagnostic purposes and to determine the need for treatment 
58.4    or medical care specific to a bloodborne pathogen-related illness of a peace officer.  The 
58.5    test results may not be used as evidence in any criminal proceedings or civil proceedings, 
58.6    except for procedures under sections 144.4171 to 144.4186.
58.7    EFFECTIVE DATE.This section is effective July 1, 2006.

58.8        Sec. 28. [626.9611] TEST INFORMATION CONFIDENTIALITY.
58.9        Subdivision 1. Private data. Information concerning test results obtained under 
58.10   sections 626.9601 to 626.9615 is information protected from disclosure without consent 
58.11   under section 144.335 with respect to private facilities and private data as defined in 
58.12   section 13.02, subdivision 12, with respect to public facilities.
58.13       Subd. 2. Consent to release information. No facility, individual, or employer shall 
58.14   disclose to a peace officer the name, address, or other uniquely identifying information 
58.15   about a source individual without a written release signed by the source individual or the 
58.16   source individual's legally authorized representative.  The facility shall not record the 
58.17   name, address, or other uniquely identifying information about the source individual's test 
58.18   results in the peace officer's medical records.
58.19   EFFECTIVE DATE.This section is effective July 1, 2006.

58.20       Sec. 29. [626.9612] PENALTY FOR UNAUTHORIZED RELEASE OF 
58.21   INFORMATION.
58.22   Unauthorized release by an individual, facility, or agency of a source individual's 
58.23   name, address, or other uniquely identifying information under sections 626.9601 to 
58.24   626.9615 is subject to the remedies and penalties under sections 13.08 and 13.09.  This 
58.25   section does not preclude private causes of action against an individual, state agency, 
58.26   statewide system, political subdivision, or person responsible for releasing private data 
58.27   or information protected from disclosure.
58.28   EFFECTIVE DATE.This section is effective July 1, 2006.

58.29       Sec. 30. [626.9613] RESPONSIBILITY FOR TESTING AND TREATMENT; 
58.30   COSTS.
59.1    (a) The facility shall ensure that tests under sections 626.9601 to 626.9615 are 
59.2    performed if requested by the peace officer or law enforcement agency, provided the 
59.3    conditions set forth in sections 626.9601 to 626.9615 are met.
59.4    (b) The law enforcement agency that employs the peace officer who requests 
59.5    testing under sections 626.9601 to 626.9615 must pay or arrange payment for the cost 
59.6    of counseling, testing, and treatment of the peace officer and costs associated with the 
59.7    testing of the source individual.
59.8    EFFECTIVE DATE.This section is effective July 1, 2006.

59.9        Sec. 31. [626.9614] PROTOCOLS FOR EXPOSURE TO BLOODBORNE 
59.10   PATHOGENS.
59.11       Subdivision 1. Law enforcement agency requirements. The law enforcement 
59.12   agency shall have procedures for a peace officer to notify a facility that the person may 
59.13   have experienced a significant exposure from a source individual.  The law enforcement 
59.14   agency shall also have a protocol to locate the source individual if the facility has 
59.15   not received the source individual and the law enforcement agency knows the source 
59.16   individual's identity.
59.17       Subd. 2. Facility protocol requirements. Every facility shall adopt and follow a 
59.18   postexposure protocol for peace officers who have experienced a significant exposure.  The 
59.19   postexposure protocol must adhere to the most current recommendations of the United 
59.20   States Public Health Service and include, at a minimum, the following:
59.21   (1) a process for peace officers to report an exposure in a timely fashion;
59.22   (2) a process for an infectious disease specialist, or a licensed physician who is 
59.23   knowledgeable about the most current recommendations of the United States Public 
59.24   Health Service in consultation with an infectious disease specialist;
59.25   (i) to determine whether a significant exposure to one or more bloodborne pathogens 
59.26   has occurred; and
59.27   (ii) to provide, under the direction of a licensed physician, a recommendation 
59.28   or recommendations for follow-up treatment appropriate to the particular bloodborne 
59.29   pathogen or pathogens for which a significant exposure has been determined;
59.30   (3) if there has been a significant exposure, a process to determine whether the 
59.31   source individual has a bloodborne pathogen through disclosure of test results, or through 
59.32   blood collection and testing as required by sections 626.9601 to 626.9615;
59.33   (4) a process for providing appropriate counseling prior to and following testing for 
59.34   a bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission 
59.35   and follow-up recommendations according to the most current recommendations of the 
60.1    United States Public Health Service, recommendations for testing, and treatment to the 
60.2    peace officer;
60.3    (5) a process for providing appropriate counseling under clause (4) to the peace 
60.4    officer and  the source individual; and
60.5    (6) compliance with applicable state and federal laws relating to data practices, 
60.6    confidentiality, informed consent, and the patient bill of rights.
60.7    EFFECTIVE DATE.This section is effective July 1, 2006.

60.8        Sec. 32. [626.9615] PENALTIES AND IMMUNITY.
60.9        Subdivision 1. Penalties. Any facility or person who willfully violates the 
60.10   provisions of sections 626.9601 to 626.9615 is guilty of a misdemeanor.
60.11       Subd. 2. Immunity. A facility, licensed physician, and designated health care 
60.12   personnel are immune from liability in any civil, administrative, or criminal action relating 
60.13   to the disclosure of test results to a peace officer or law enforcement agency and the testing 
60.14   of a blood sample from the source individual for bloodborne pathogens if a good faith 
60.15   effort has been made to comply with sections 626.9601 to 626.9615.
60.16   EFFECTIVE DATE.This section is effective July 1, 2006.

60.17       Sec. 33. Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to 
60.18   read:
60.19   Subd. 3.  Community Services                         103,556,000       103,369,000
60.20                           Summary by Fund                          
60.21   General Fund                       103,456,000     103,269,000
60.22   Special Revenue                        100,000         100,000
60.23   SHORT-TERM OFFENDERS. $1,207,000 
60.24   each  year is for costs associated with the  
60.25   housing and care of short-term  offenders.  
60.26   The commissioner may use up  to 20 percent 
60.27   of the total amount of  the appropriation 
60.28   for inpatient medical  care for short-term 
60.29   offenders with less  than six months to 
60.30   serve as affected by  the changes made to 
60.31   Minnesota Statutes,  section 609.105, in 
60.32   2003.  All funds  remaining at the end of 
61.1    the fiscal year  not expended for inpatient 
61.2    medical care  shall be added to and distributed 
61.3    with  the housing funds.  These funds shall  
61.4    be distributed proportionately based on  the 
61.5    total number of days short-term  offenders are 
61.6    placed locally, not to  exceed $70 per day.  
61.7    Short-term  offenders may be housed in a 
61.8    state  correctional facility at the discretion  of 
61.9    the commissioner.  
61.10   The Department of Corrections is exempt  
61.11   from the state contracting process for  the 
61.12   purposes of Minnesota Statutes,  section 
61.13   609.105, as amended by Laws  2003, First 
61.14   Special Session chapter 2,  article 5, sections 
61.15   7 to 9.  
61.16   GPS MONITORING OF SEX 
61.17   OFFENDERS.  $500,000 the first 
61.18   year and $162,000  the second year are for the 
61.19   acquisition  and service of bracelets equipped 
61.20   with  tracking devices designed to track 
61.21   and  monitor the movement and location of  
61.22   criminal offenders.  The commissioner  shall 
61.23   use the bracelets to monitor  high-risk sex 
61.24   offenders who are on  supervised release, 
61.25   conditional  release, parole, or probation to 
61.26   help  ensure that the offenders do not  violate 
61.27   conditions of their release or  probation.  
61.28   END OF CONFINEMENT REVIEWS. 
61.29   $94,000  each year is for end of confinement  
61.30   reviews.  
61.31   COMMUNITY SURVEILLANCE AND  
61.32   SUPERVISION. $1,370,000 each year is  
61.33   to provide housing options to maximize  
61.34   community surveillance and supervision.  
62.1    INCREASE IN INTENSIVE 
62.2    SUPERVISED  RELEASE SERVICES. 
62.3    $1,800,000 each year  is to increase intensive 
62.4    supervised  release services.  
62.5    SEX OFFENDER ASSESSMENT  
62.6    REIMBURSEMENTS. $350,000 each year 
62.7    is  to provide grants to reimburse counties for 
62.8    reimbursements, their designees, or courts 
62.9    for sex offender  assessments as required 
62.10   under Minnesota  Statutes, section 609.3452, 
62.11   subdivision  1, which is being renumbered as 
62.12   section  609.3457.  
62.13   SEX OFFENDER TREATMENT AND  
62.14   POLYGRAPHS. $1,250,000 each year 
62.15   is to  provide treatment for sex offenders 
62.16   on  community supervision and to pay for  
62.17   polygraph testing.  
62.18   INCREASED SUPERVISION OF SEX  
62.19   OFFENDERS, DOMESTIC VIOLENCE 
62.20   OFFENDERS,  AND OTHER VIOLENT 
62.21   OFFENDERS.  $1,500,000 each year is for 
62.22   the  increased supervision of sex offenders  
62.23   and other violent offenders, including  
62.24   those convicted of domestic abuse.  These 
62.25   appropriations may not be used to  supplant 
62.26   existing state or county  probation officer 
62.27   positions.  
62.28   The commissioner shall distribute  $1,050,000 
62.29   in grants each year to  Community Corrections 
62.30   Act counties and  $450,000 each year to the 
62.31   Department of  Corrections Probation and 
62.32   Supervised  Release Unit.  The commissioner 
62.33   shall  distribute the funds to the Community  
62.34   Corrections Act counties according to  the 
63.1    formula contained in Minnesota  Statutes, 
63.2    section 401.10.  
63.3    Prior to the distribution of these  funds, each 
63.4    Community Corrections Act  jurisdiction and 
63.5    the Department of  Corrections Probation 
63.6    and Supervised  Release Unit shall submit 
63.7    to the  commissioner an analysis of need 
63.8    along  with a plan to meet their needs and  
63.9    reduce the number of sex offenders and  other 
63.10   violent offenders, including  domestic abuse 
63.11   offenders, on probation  officer caseloads.  
63.12   COUNTY PROBATION OFFICERS. 
63.13   $500,000  each year is to increase county  
63.14   probation officer reimbursements.  
63.15   INTENSIVE SUPERVISION AND 
63.16   AFTERCARE  FOR CONTROLLED 
63.17   SUBSTANCES OFFENDERS;  REPORT. 
63.18   $600,000 each year is for  intensive 
63.19   supervision and aftercare  services for 
63.20   controlled substances  offenders released 
63.21   from prison under  Minnesota Statutes, 
63.22   section 244.055.  These appropriations are 
63.23   not added to  the department's base budget.  
63.24   By  January 15, 2008, the commissioner  
63.25   shall report to the chairs and ranking  
63.26   minority members of the senate and  house 
63.27   of representatives committees and  divisions 
63.28   having jurisdiction over  criminal justice 
63.29   policy and funding on  how this appropriation 
63.30   was spent.  
63.31   REPORT ON ELECTRONIC 
63.32   MONITORING OF SEX  OFFENDERS. 
63.33   By March 1, 2006, the  commissioner shall 
63.34   report to the chairs  and ranking minority 
63.35   members of the  senate and house of 
64.1    representatives  committees and divisions 
64.2    having  jurisdiction over criminal justice  
64.3    policy and funding on implementing an  
64.4    electronic monitoring system for sex  
64.5    offenders who are under community  
64.6    supervision.  The report must address  the 
64.7    following:  
64.8    (1) the advantages and disadvantages in  
64.9    implementing this system, including the  
64.10   impact on public safety;  
64.11   (2) the types of sex offenders who  should be 
64.12   subject to the monitoring;  
64.13   (3) the time period that offenders  should be 
64.14   subject to the monitoring;  
64.15   (4) the financial costs associated with  the 
64.16   monitoring and who should be  responsible 
64.17   for these costs; and  
64.18   (5) the technology available for the  
64.19   monitoring.  
64.20   EFFECTIVE DATE.This section is effective the day following final enactment. 

64.21       Sec. 34. RICHFIELD DISABLED FIREFIGHTER HEALTH CARE 
64.22   ELIGIBILITY REVIEW.
64.23       Subdivision 1.  Authorization.  An eligible individual specified in subdivision 2 is 
64.24   authorized to have a review of health care coverage eligibility as specified in subdivision 3. 
64.25       Subd. 2. Eligibility. An eligible person is an individual who:
64.26   (1) was a member of the Public Employees Retirement Association police and fire 
64.27   plan due to employment as a firefighter with the city of Richfield;
64.28   (2) became disabled and was granted a duty-related disability benefit from the Public 
64.29   Employees Retirement Association police and fire plan on November 20, 2002; and
64.30   (3) is not receiving employer-paid health care coverage under the program 
64.31   established by Minnesota Statutes, section 299A.465, due to a determination by the city 
64.32   of Richfield that the individual does not satisfy all eligibility requirements for inclusion 
64.33   under that program.
65.1        Subd. 3. Treatment. Notwithstanding that the disability benefit was granted 
65.2    before the creation of the review panel, and notwithstanding Minnesota Statutes, section 
65.3    299A.465, subdivision 6, which requires that applications for review by the panel 
65.4    created under that section be submitted to the panel within 90 days of approval of a 
65.5    disability benefit application by the applicable retirement plan, an eligible individual 
65.6    under subdivision 2 may submit an application to the panel within 90 days of the effective 
65.7    date of this section. The panel shall make a determination of whether the firefighter meets 
65.8    the requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a), 
65.9    clause (2). The panel's final determination is binding on the applicant and the employer, 
65.10   subject to any right of judicial review.
65.11   EFFECTIVE DATE.This section is effective the day following final enactment. 

65.12                                          ARTICLE 4
65.13                                         CORRECTIONS

65.14       Section 1. Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to read:
65.15        Subdivision 1. Unclassified positions.  Unclassified positions are held by employees 
65.16   who are:
65.17    (1) chosen by election or appointed to fill an elective office;
65.18    (2) heads of agencies required by law to be appointed by the governor or other 
65.19   elective officers, and the executive or administrative heads of departments, bureaus, 
65.20   divisions, and institutions specifically established by law in the unclassified service;
65.21    (3) deputy and assistant agency heads and one confidential secretary in the agencies 
65.22   listed in subdivision 1a and in the Office of Strategic and Long-Range Planning;
65.23    (4) the confidential secretary to each of the elective officers of this state and, for the 
65.24   secretary of state and state auditor, an additional deputy, clerk, or employee;
65.25    (5) intermittent help employed by the commissioner of public safety to assist in 
65.26   the issuance of vehicle licenses;
65.27    (6) employees in the offices of the governor and of the lieutenant governor and one 
65.28   confidential employee for the governor in the Office of the Adjutant General;
65.29    (7) employees of the Washington, D.C., office of the state of Minnesota;
65.30    (8) employees of the legislature and of legislative committees or commissions; 
65.31   provided that employees of the Legislative Audit Commission, except for the legislative 
65.32   auditor, the deputy legislative auditors, and their confidential secretaries, shall be 
65.33   employees in the classified service;
66.1     (9) presidents, vice-presidents, deans, other managers and professionals in 
66.2    academic and academic support programs, administrative or service faculty, teachers, 
66.3    research assistants, and student employees eligible under terms of the federal Economic 
66.4    Opportunity Act work study program in the Perpich Center for Arts Education and the 
66.5    Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance 
66.6    employees, or any professional or managerial employee performing duties in connection 
66.7    with the business administration of these institutions;
66.8     (10) officers and enlisted persons in the National Guard;
66.9     (11) attorneys, legal assistants, and three confidential employees appointed by the 
66.10   attorney general or employed with the attorney general's authorization;
66.11    (12) judges and all employees of the judicial branch, referees, receivers, jurors, and 
66.12   notaries public, except referees and adjusters employed by the Department of Labor 
66.13   and Industry;
66.14    (13) members of the State Patrol; provided that selection and appointment of State 
66.15   Patrol troopers must be made in accordance with applicable laws governing the classified 
66.16   service;
66.17    (14) chaplains employed by the state;
66.18    (15) examination monitors and intermittent training instructors employed by the 
66.19   Departments of Employee Relations and Commerce and by professional examining boards 
66.20   and intermittent staff employed by the technical colleges for the administration of practical 
66.21   skills tests and for the staging of instructional demonstrations;
66.22    (16) (15) student workers;
66.23    (17) (16) executive directors or executive secretaries appointed by and reporting to 
66.24   any policy-making board or commission established by statute;
66.25    (18) (17) employees unclassified pursuant to other statutory authority;
66.26    (19) (18) intermittent help employed by the commissioner of agriculture to perform 
66.27   duties relating to pesticides, fertilizer, and seed regulation;
66.28    (20) (19) the administrators and the deputy administrators at the State Academies 
66.29   for the Deaf and the Blind; and
66.30    (21) (20) chief executive officers in the Department of Human Services.
66.31   EFFECTIVE DATE.This section is effective July 1, 2006. 

66.32       Sec. 2. Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read:
66.33       Subdivision 1. Screening of inmates. (a) All persons detained or confined for 14 
66.34   consecutive days or more in facilities operated, licensed, or inspected by the Department 
66.35   of Corrections shall be screened for tuberculosis with either a Mantoux test or a chest 
67.1    roentgenogram (x-ray) as consistent with screening and follow-up practices recommended 
67.2    by the United States Public Health Service or the Department of Health, as determined by 
67.3    the commissioner of health. Administration of the Mantoux test or chest roentgenogram 
67.4    (x-ray) must take place on or before the 14th day of detention or confinement.
67.5    (b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the 
67.6    commissioner may order the inmate to be tested.
67.7    EFFECTIVE DATE.This section is effective July 1, 2006. 

67.8        Sec. 3. [241.105] SOCIAL SECURITY ADMINISTRATION INCENTIVE 
67.9    PAYMENTS; INMATE DISCHARGE PLANNING.
67.10   Money received by the commissioner of corrections from the Social Security 
67.11   Administration as a result of the incentive payment agreement under the Personal 
67.12   Responsibility and Work Opportunity Reconciliation Act, Public Law 104-193, 
67.13   section 1611(e)(1), and Public Law 106-170, section 202(x)(3), is appropriated to the 
67.14   commissioner of corrections for discharge planning for inmates with mental illness.
67.15   EFFECTIVE DATE.This section is effective July 1, 2007.

67.16       Sec. 4. [241.75] INMATE HEALTH CARE DECISIONS; MEDICAL 
67.17   DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.
67.18       Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
67.19   (a) "Commissioner" means the commissioner of corrections.
67.20   (b) "Decision-making capacity" means the ability to understand the significant 
67.21   benefits, risks, and alternatives to proposed health care and to make and communicate a 
67.22   health care decision.
67.23   (c) "Health care agent" or "agent" means the Department of Corrections medical 
67.24   director who is a licensed physician employed by the commissioner of corrections to 
67.25   provide services to inmates. 
67.26   (d) "Health care power of attorney" means an instrument appointing one or more 
67.27   health care agents to make health care decisions for the inmate.
67.28   (e) "Health care" means any care, treatment, service, or procedure to maintain, 
67.29   diagnose, or otherwise affect a person's physical or mental condition.
67.30   (f) "Health care decision" means the consent, refusal of consent, or withdrawal 
67.31   of consent to health care.
67.32   (g) "Next of kin" means an inmate's spouse, parent, adult children, or adult sibling.
67.33   (h) "Principal" means the Department of Corrections medical director.
68.1        Subd. 2. Health care agent; decisions.  The commissioner shall appoint the 
68.2    Department of Corrections medical director as the health care agent for inmates 
68.3    incarcerated in correctional facilities in the absence of a documented health care decision 
68.4    maker designated by the offender. If an inmate lacks decision-making capacity as 
68.5    determined by a medical doctor, and the emergency contact person is not available or has 
68.6    not been appointed as a health care agent under chapter 145C, and next of kin have been 
68.7    contacted but are not available, then the Department of Corrections medical director has 
68.8    the authority as principal to make health care decisions for the inmate.
68.9    EFFECTIVE DATE.This section is effective July 1, 2006. 

68.10       Sec. 5. Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to read:
68.11       Subd. 2. Imposition of fee. When a court sentences places a person convicted of 
68.12   a crime, and places the person under the supervision and control of a local correctional 
68.13   agency, that agency may collect a local correctional fee based on the local correctional 
68.14   agency's fee schedule adopted under section  244.18. 
68.15   EFFECTIVE DATE.This section is effective July 1, 2006.

68.16       Sec. 6. TRANSITION.
68.17   The incumbent of a position that is transferred from the unclassified to the classified 
68.18   service under section 1 is appointed to the newly classified position.
68.19   EFFECTIVE DATE.This section is effective July 1, 2006. 

68.20                                          ARTICLE 5
68.21                                 COURTS AND PUBLIC DEFENDERS

68.22       Section 1. Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read:
68.23       Subdivision 1. Definition. As used in this section "court services data" means data 
68.24   that are created, collected, used or maintained by a court services department, parole 
68.25   or probation authority, correctional agency, or by an agent designated by the court to 
68.26   perform studies or other duties and that are on individuals who are or were defendants, 
68.27   parolees or probationers of a municipal, district or county court, participants in diversion 
68.28   programs, petitioners or respondents to a family court, or juveniles adjudicated delinquent 
68.29   and committed, detained prior to a court hearing or hearings, or found to be dependent or 
68.30   neglected and placed under the supervision of the court.
68.31   EFFECTIVE DATE.This section is effective July 1, 2006. 

69.1        Sec. 2. Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read:
69.2        Subd. 2. General. Unless the data is summary data or a statute, including sections  
69.3    609.115 and  257.70, specifically provides a different classification, the following court 
69.4    services data are classified as private pursuant to section  13.02, subdivision 12: 
69.5    (a) Court services data on individuals gathered at the request of a municipal, district 
69.6    or county court to determine the need for any treatment, rehabilitation, counseling, or any 
69.7    other need of a defendant, parolee, probationer, or participant in a diversion program, 
69.8    and used by the court to assist in assigning an appropriate sentence or other disposition 
69.9    in a case;
69.10   (b) Court services data on petitioners or respondents to a family court gathered at 
69.11   the request of the court for purposes of, but not limited to, individual, family, marriage, 
69.12   chemical dependency and marriage dissolution adjustment counseling, including 
69.13   recommendations to the court as to the custody of minor children in marriage dissolution 
69.14   cases;
69.15   (c) Court services data on individuals gathered by psychologists in the course 
69.16   of providing the court or its staff with psychological evaluations or in the course of 
69.17   counseling individual clients referred by the court for the purpose of assisting them with 
69.18   personal conflicts or difficulties.
69.19   EFFECTIVE DATE.This section is effective July 1, 2006. 

69.20       Sec. 3. Minnesota Statutes 2004, section 16D.04, subdivision 2, is amended to read:
69.21       Subd. 2. Agency participation. (a) A state referring agency may, at its option, 
69.22   refer debts to the commissioner for collection. The ultimate responsibility for the debt, 
69.23   including the reporting of the debt to the commissioner of finance and the decision 
69.24   with regard to the continuing collection and uncollectibility of the debt, remains with 
69.25   the referring state agency.
69.26   (b) When a debt owed to a state agency becomes 121 days past due, the state agency 
69.27   must refer the debt to the commissioner for collection. This requirement does not apply 
69.28   if there is a dispute over the amount or validity of the debt, if the debt is the subject of 
69.29   legal action or administrative proceedings, or the agency determines that the debtor is 
69.30   adhering to acceptable payment arrangements. The commissioner, in consultation with the 
69.31   commissioner of finance, may provide that certain types of debt need not be referred to the 
69.32   commissioner for collection under this paragraph. Methods and procedures for referral 
69.33   must follow internal guidelines prepared by the commissioner of finance.
69.34   (c) If the referring agency is a court, the court must furnish a debtor's Social Security 
69.35   number to the commissioner when the court refers the debt.
70.1    EFFECTIVE DATE.This section is effective the day following final enactment.

70.2        Sec. 4. Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read:
70.3        Subd. 3. Order. Upon finding that the applicant is authorized to exercise fiduciary 
70.4    powers, the district court shall enter an order substituting the applicant bank or trust 
70.5    company in every fiduciary capacity held by the affiliated bank or other bank or trust 
70.6    company for which substitution is sought and which joined in the application, except as 
70.7    may be otherwise specified in the application, and except for fiduciary capacities in any 
70.8    account with respect to which a person beneficially interested in the account has filed 
70.9    objection to the substitution and has appeared and been heard in support of the objection. 
70.10   Upon entry of the order, or at a later date as may be specified in the order, the applicant 
70.11   bank or trust company is substituted in every fiduciary capacity to which the order extends. 
70.12   The substitution may be made a matter of record in any county of this state by filing a 
70.13   certified copy of the order of substitution in the office of the court administrator of a district 
70.14   or county court, or by filing a certified copy of the order in the office of the county recorder.
70.15   EFFECTIVE DATE.This section is effective July 1, 2006. 

70.16       Sec. 5. Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read:
70.17       Subd. 13. Violation of provision for stopping train at crossing. Upon the 
70.18   complaint of any person, a company operating a railroad violating section  219.93 shall 
70.19   forfeit not less than $20 nor more than $100 to be recovered in a civil action before a 
70.20   county or municipal judge of the county in which the violation occurs. One-half of 
70.21   the forfeiture must go to the complainant and one-half to the school district where the 
70.22   violation occurs. 
70.23   EFFECTIVE DATE.This section is effective July 1, 2006. 

70.24       Sec. 6. Minnesota Statutes 2005 Supplement, section 270C.545, is amended to read:
70.25   270C.545 FEDERAL TAX REFUND OFFSET FEES; TIME LIMIT FOR 
70.26   SUBMITTING CLAIMS FOR OFFSET.
70.27   For fees charged by the Department of the Treasury of the United States for the 
70.28   offset of federal tax refunds that are deducted from the refund amounts remitted to the 
70.29   commissioner, the unpaid debts of the taxpayers whose refunds are being offset to satisfy 
70.30   the debts are reduced only by the actual amount of the refund payments received by the 
70.31   commissioner. Notwithstanding any other provision of law to the contrary, a claim for 
70.32   the offset of a federal tax refund must be submitted to the Department of the Treasury of 
71.1    the United States within ten years after the date of the assessment of the tax owed by the 
71.2    taxpayer whose refund is to be offset to satisfy the debt. For court debts referred to the 
71.3    commissioner under section 16D.04, subdivision 2, paragraph (a), the federal refund offset 
71.4    fees are deducted as provided in this section, but the ten-year time limit prescribed in 
71.5    this section for tax debts does not apply. 
71.6    EFFECTIVE DATE.This section is effective the day following final enactment.

71.7        Sec. 7. Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read:
71.8        Subdivision 1. Notice; appraisers. The person distraining shall give notice to 
71.9    the owner of the beast, if known to the distrainer, within 24 hours if the owner resides 
71.10   in the same town, and within 48 hours if the owner resides in another town in the same 
71.11   county, Sundays excepted. The notice shall specify the time when and the place where 
71.12   distrained, the number of beasts, and the place of their detention, and that at a time and 
71.13   place stated therein, which shall not be less than 12 hours after the service of the notice, 
71.14   nor more than three days after the distress, the distrainer will apply to a designated 
71.15   county or municipal judge of the county for the appointment of appraisers to appraise the 
71.16   damages. If the owner is unknown or does not reside in the county, the distraining person 
71.17   shall apply for the appointment of appraisers within 24 hours after the distress without 
71.18   notice. After the application, the judge shall appoint three disinterested residents of the 
71.19   town to appraise the damages.
71.20   EFFECTIVE DATE.This section is effective July 1, 2006. 

71.21       Sec. 8. Minnesota Statutes 2004, section 347.04, is amended to read:
71.22   347.04 PUBLIC NUISANCE.
71.23   Any dog that habitually worries, chases, or molests teams or persons traveling 
71.24   peaceably on the public road is a public nuisance. Upon complaint in writing to a county 
71.25   or municipal district court judge containing a description of the dog, including the name 
71.26   of the dog and its owner, or stating that the name or names are not known, and alleging 
71.27   that the dog is a public nuisance, the judge shall issue a summons, if the owner is known, 
71.28   commanding the owner to appear before the judge at a specified time, not less than six 
71.29   nor more than ten days from the date of the summons, to answer the complaint. The 
71.30   summons shall be served not less than six days before the day of the hearing in the same 
71.31   manner as other district court summonses.
71.32   EFFECTIVE DATE.This section is effective July 1, 2006. 

72.1        Sec. 9. Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read:
72.2        Subdivision 1. Appointment by county district judge. A county government 
72.3    study commission hereinafter called "the commission" may be established in any county 
72.4    as provided in this section to study the form and structure of county government in the 
72.5    county and other counties both within and outside this state and, if deemed advisable by 
72.6    the commission, recommend to the voters of the county the adoption of any of the optional 
72.7    forms of county government contained in sections  375A.01 to  375A.13. The commission 
72.8    shall be established upon presentation of a petition requesting such action signed by voters 
72.9    equal in number to five percent of the electors voting at the last previous election for the 
72.10   office of governor or a resolution of the board of county commissioners of the county 
72.11   requesting such action. Appointments to the commission shall be made by order filed 
72.12   with the court administrator of the district court of the county and shall be made by the 
72.13   senior county judge having chambers in the county. If there be no judge having chambers 
72.14   in the county, appointments shall be made by the chief judge of the judicial district. The 
72.15   number on the study commission shall be set by the appointing judge but not to exceed 
72.16   15. A noncommissioner from each commissioner district shall be appointed to a study 
72.17   commission. In addition three members shall be county commissioners and two shall be 
72.18   elected county officials. An appointee who neglects to file with the court administrator 
72.19   within 15 days a written acceptance shall be deemed to have declined the appointment 
72.20   and the place shall be filled as though the appointee had resigned. Vacancies in the 
72.21   commission shall be filled as in the case of original appointments. The county board, the 
72.22   commission, or the petitioners requesting the appointment of the commission may submit 
72.23   to the appointing judge the names of eligible nominees which the appointing judge may 
72.24   consider in making appointments to the commission. 
72.25   EFFECTIVE DATE.This section is effective July 1, 2006. 

72.26       Sec. 10. Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read:
72.27       Subd. 2. May relocate Bloomington court. Notwithstanding the provisions 
72.28   of section  488A.01, subdivision 9, the county of Hennepin may relocate the municipal 
72.29   district court serving the city of Bloomington and thereupon shall provide suitable quarters 
72.30   for the holding of regular terms of court in a southern suburban location within the county 
72.31   as may be designated by a majority of the judges of the court. All functions of the court 
72.32   may be discharged, including both court and jury trials of civil and criminal matters, at the 
72.33   location designated pursuant to this section. Nothing in this section shall be construed to 
72.34   reduce the level of services to the residents of the city of Bloomington. 
73.1    EFFECTIVE DATE.This section is effective July 1, 2006. 

73.2        Sec. 11. Minnesota Statutes 2004, section 390.20, is amended to read:
73.3    390.20 PERSON CHARGED ARRESTED.
73.4    If any person charged by the inquest with having committed the offense is not in 
73.5    custody, the coroner shall have the same power as a county or municipal district court judge 
73.6    to issue process for the person's apprehension. The warrant shall be returnable before any 
73.7    court having jurisdiction in the case and the court shall proceed as in similar cases.
73.8    EFFECTIVE DATE.This section is effective July 1, 2006. 

73.9        Sec. 12. Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read:
73.10       Subd. 2. Subpoena power. The judge exercising probate jurisdiction may issue 
73.11   subpoenas for witnesses, returnable immediately or at a time and place the judge directs. 
73.12   The persons served with subpoenas shall be allowed the same fees, the sheriff shall enforce 
73.13   their attendance in the same manner, and they shall be subject to the same penalties as if 
73.14   they had been served with a subpoena in behalf of the state in a criminal case before a 
73.15   county or municipal district court judge.
73.16   EFFECTIVE DATE.This section is effective July 1, 2006. 

73.17       Sec. 13. Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read:
73.18       Subdivision 1. State employees; compensation. (a) District court referees, judicial 
73.19   officers, court reporters, law clerks, district administration staff, other than district 
73.20   administration staff in the Second and Fourth Judicial Districts, guardian ad litem program 
73.21   coordinators and staff, staff court interpreters in the Second Judicial District, court 
73.22   psychological services staff in the Fourth Judicial District, and other court employees 
73.23   under paragraph (b), are state employees and are governed by the judicial branch 
73.24   personnel rules adopted by the Supreme Court. The Supreme Court, in consultation with 
73.25   the conference of chief judges Judicial Council, shall establish the salary range of these 
73.26   employees under the judicial branch personnel rules. In establishing the salary ranges, the 
73.27   Supreme Court shall consider differences in the cost of living in different areas of the state.
73.28   (b) The court administrator and employees of the court administrator who are 
73.29   in the Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court 
73.30   administrator and employees of the court administrator in the remaining judicial districts 
73.31   become state employees as follows:
73.32   (1) effective July 1, 2003, for the Second and Fourth Judicial Districts;
74.1    (2) effective July 1, 2004, for the First and Third Judicial Districts; and
74.2    (3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.
74.3    EFFECTIVE DATE.This section is effective July 1, 2006. 

74.4        Sec. 14. Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read:
74.5        Subd. 2. Election to retain insurance and benefits; retirement. (a) Before a 
74.6    person is transferred to state employment under this section, the person may elect to do 
74.7    either or both of the following:
74.8    (1) keep life insurance; hospital, medical, and dental insurance; and vacation and 
74.9    sick leave benefits and accumulated time provided by the county instead of receiving 
74.10   benefits from the state under the judicial branch personnel rules; or
74.11   (2) remain a member of the Public Employees Retirement Association or the 
74.12   Minneapolis employees retirement fund instead of joining the Minnesota State Retirement 
74.13   System.
74.14   Employees who make an election under clause (1) remain on the county payroll, 
74.15   but the state shall reimburse the county on a quarterly basis for the salary and cost of the 
74.16   benefits provided by the county. The state shall make the employer contribution to the 
74.17   Public Employees Retirement Association or the employer contribution under section  
74.18   422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of 
74.19   employees who make an election under clause (2). 
74.20   (b) An employee who makes an election under paragraph (a), clause (1), may revoke 
74.21   the election, once, at any time, but if the employee revokes the election, the employee 
74.22   cannot make another election. An employee who makes an election under paragraph (a), 
74.23   clause (2), may revoke the election at any time within six months after the person becomes 
74.24   a state employee. Once an employee revokes this election, the employee cannot make 
74.25   another election.
74.26   (c) The Supreme Court, after consultation with the conference of chief judges 
74.27   Judicial Council, the commissioner of employee relations, and the executive directors 
74.28   of the Public Employees Retirement Association and the Minnesota State Retirement 
74.29   Association, shall adopt procedures for making elections under this section.
74.30   (d) The Supreme Court shall notify all affected employees of the options available 
74.31   under this section. The executive directors of the Public Employees Retirement 
74.32   Association and the Minnesota State Retirement System shall provide counseling to 
74.33   affected employees on the effect of making an election to remain a member of the Public 
74.34   Employees Retirement Association.
75.1    EFFECTIVE DATE.This section is effective July 1, 2006. 

75.2        Sec. 15. Minnesota Statutes 2004, section 480.182, is amended to read:
75.3    480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.
75.4    (a) Notwithstanding any law to the contrary, the state courts will pay for the 
75.5    following court-related programs and costs:
75.6    (1) court interpreter program costs, including the costs of hiring court interpreters;
75.7    (2) guardian ad litem program and personnel costs;
75.8    (3) examination costs, not including hospitalization or treatment costs, for mental 
75.9    commitments and related proceedings under chapter 253B;
75.10   (4) examination costs under rule 20 of the Rules of Criminal Procedure;
75.11   (5) in forma pauperis costs;
75.12   (6) costs for transcripts mandated by statute, except in appeal cases and 
75.13   postconviction cases handled by the Board of Public Defense; and
75.14   (7) jury program costs, not including personnel.; and
75.15   (b) In counties in a judicial district under section  480.181, subdivision 1, paragraph 
75.16   (b), the state courts shall pay the (8) witness fees and mileage fees specified in sections  
75.17   253B.23, subdivision 1;  260B.152, subdivision 2;  260C.152, subdivision 2;  260B.331, 
75.18   subdivision 3, clause (a);  260C.331, subdivision 3, clause (a);  357.24;  357.32;  525.012, 
75.19   subdivision 5; and  627.02. 
75.20   EFFECTIVE DATE.This section is effective July 1, 2006. 

75.21       Sec. 16. Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read:
75.22       Subdivision 1. General. The district courts shall have original jurisdiction in the 
75.23   following cases:
75.24   (1) all civil actions within their respective districts,;
75.25   (2)  in all cases of crime committed or triable therein,;
75.26   (3) in all special proceedings not exclusively cognizable by some other court or 
75.27   tribunal, and;
75.28   (4) in law and equity for the administration of estates of deceased persons and all 
75.29   guardianship and incompetency proceedings;
75.30   (5) the jurisdiction of a juvenile court as provided in chapter 260;
75.31   (6) proceedings for the management of the property of persons who have 
75.32   disappeared, and actions relating thereto, as provided in chapter 576; and
76.1    (7) in all other cases wherein such jurisdiction is especially conferred upon them 
76.2    by law.
76.3    They shall also have appellate jurisdiction in every case in which an appeal thereto 
76.4    is allowed by law from any other court, officer, or body.
76.5    EFFECTIVE DATE.This section is effective July 1, 2006. 

76.6        Sec. 17. Minnesota Statutes 2004, section 484.011, is amended to read:
76.7    484.011 JURISDICTION IN SECOND AND FOURTH JUDICIAL 
76.8    DISTRICTS.
76.9    In the Second and Fourth Judicial Districts The district court shall also be a probate 
76.10   court.
76.11   EFFECTIVE DATE.This section is effective July 1, 2006. 

76.12       Sec. 18. Minnesota Statutes 2004, section 484.012, is amended to read:
76.13   484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND 
76.14   JUDICIAL DISTRICT.
76.15   Notwithstanding section  525.09 the judicial district administrator in the Second 
76.16   Judicial District may appoint a court administrator of the Probate Court for the district 
76.17   subject to the approval of the chief judge and assistant chief judge who shall serve at 
76.18   the pleasure of the judges of the district, and who shall be supervised by the judicial 
76.19   district administrator, and whose salary shall be fixed by the Ramsey County Board of 
76.20   Commissioners. 
76.21   EFFECTIVE DATE.This section is effective July 1, 2006. 

76.22       Sec. 19. Minnesota Statutes 2004, section 484.45, is amended to read:
76.23   484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.
76.24   It is hereby made the duty of the board of county commissioners of the county of 
76.25   St. Louis to furnish and maintain adequate accommodations for the holding of terms of 
76.26   the district court at the city of Hibbing, and the city of Virginia, proper offices for these 
76.27   deputies and a proper place for the confinement and maintenance of the prisoners at the 
76.28   city of Hibbing and the city of Virginia.
76.29   The county shall reimburse the court administrator and deputies as herein provided 
76.30   for and the county attorney and assistants and the district judges of the district and the 
77.1    official court reporter for their traveling expenses actually and necessarily incurred in the 
77.2    performance of their respective official duties.
77.3    EFFECTIVE DATE.This section is effective July 1, 2006. 

77.4        Sec. 20. Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read:
77.5        Subd. 3. Reimbursement filings. Each judge claiming reimbursement for allowable 
77.6    expenses may file with the supreme court monthly and shall file not later than 90 days after 
77.7    the expenses are incurred, an itemized statement, verified by the judge, of all allowable 
77.8    expenses actually paid by the judge. All statements shall be audited by the Supreme Court 
77.9    and, if approved by the Supreme Court, shall be paid by the commissioner of finance from 
77.10   appropriations for this purpose.
77.11   EFFECTIVE DATE.This section is effective July 1, 2006. 

77.12       Sec. 21. Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read:
77.13       Subdivision 1. Law clerk appointments. The Each district judges regularly 
77.14   assigned to hold court in each judicial district except for the Second, Fourth, and Tenth 
77.15   Judicial Districts may by orders filed with the court administrator and county auditor of 
77.16   each county in the district judge may appoint a competent law clerk for every two district 
77.17   court judges of the judicial district. The district judges regularly assigned to hold court 
77.18   in the First and Tenth Judicial Districts may by orders filed with the court administrator 
77.19   and county auditor of each county in the district appoint a competent law clerk for each 
77.20   district court judge of the district.
77.21   EFFECTIVE DATE.This section is effective July 1, 2006. 

77.22       Sec. 22. Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read:
77.23       Subd. 3. Chambers and supplies. The Board of County Commissioners of Ramsey 
77.24   County shall provide suitable chambers and courtroom space, clerks, and bailiffs, and 
77.25   other personnel to assist said judge, together with necessary library, supplies, stationery 
77.26   and other expenses necessary thereto. The state shall provide referees, court reporters, law 
77.27   clerks, and guardian ad litem program coordinators and staff.
77.28   EFFECTIVE DATE.This section is effective July 1, 2006. 

77.29       Sec. 23. Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read:
78.1        Subd. 3. Space; personnel; supplies. The Board of County Commissioners of 
78.2    Hennepin County shall provide suitable chambers and courtroom space, clerks, and 
78.3    bailiffs, and other personnel to assist said judge, together with necessary library, supplies, 
78.4    stationery and other expenses necessary thereto. The state shall provide referees, court 
78.5    reporters, law clerks, and guardian ad litem program coordinators and staff.
78.6    EFFECTIVE DATE.This section is effective July 1, 2006. 

78.7        Sec. 24. Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:
78.8        Subdivision 1. Appointment. By November 1, 1977, The chief judge of the judicial 
78.9    district in each judicial district shall appoint a single district administrator, subject to the 
78.10   approval of the Supreme Court, with the advice of the judges of the judicial district.
78.11   The district administrator shall serve at the pleasure of a majority of the judges of 
78.12   the judicial district.
78.13   EFFECTIVE DATE.This section is effective July 1, 2006. 

78.14       Sec. 25. Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to read:
78.15       Subd. 5. Rules. The Supreme Court, in consultation with the conference of chief 
78.16   judges, shall adopt rules to implement the expedited child support hearing process under 
78.17   this section.
78.18   EFFECTIVE DATE.This section is effective July 1, 2006. 

78.19       Sec. 26. [484.80] LOCATION OF TRIAL RULE.
78.20   If a municipality is located in more than one county or district, the county in which 
78.21   the city hall of the municipality is located determines the county or district in which the 
78.22   municipality shall be deemed located for the purposes of this chapter provided, however, 
78.23   that the municipality by ordinance enacted may designate, for those purposes, some other 
78.24   county or district in which a part of the municipality is located.
78.25   EFFECTIVE DATE.This section is effective July 1, 2006. 

78.26       Sec. 27. [484.81] PLEADING; PRACTICE; PROCEDURE.
78.27       Subdivision 1. General. Pleading, practice, procedure, and forms in civil actions 
78.28   shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme 
78.29   Court.
79.1        Subd. 2. Court rules. The court may adopt rules governing pleading, practice, 
79.2    procedure, and forms for civil actions which are not inconsistent with the provisions of 
79.3    governing statutes.
79.4    EFFECTIVE DATE.This section is effective July 1, 2006. 

79.5        Sec. 28. [484.82] MISDEMEANOR OFFENSES.
79.6    A person who receives a misdemeanor citation shall proceed as follows: when a 
79.7    fine is not paid, the person charged must appear before the court at the time specified in 
79.8    the citation. If appearance before a misdemeanor bureau is designated in the citation, the 
79.9    person charged must appear within the time specified in the citation and arrange a date for 
79.10   arraignment in the district court.
79.11   EFFECTIVE DATE.This section is effective July 1, 2006. 

79.12       Sec. 29. [484.83] REINSTATEMENT OF FORFEITED SUMS.
79.13   A district court judge may order any sums forfeited to be reinstated and the 
79.14   commissioner of finance shall then refund accordingly. The commissioner of finance shall 
79.15   reimburse the court administrator if the court administrator refunds the deposit upon a 
79.16   judge's order and obtains a receipt to be used as a voucher.
79.17   EFFECTIVE DATE.This section is effective July 1, 2006.

79.18       Sec. 30. [484.84] DISPOSITION OF FINES, FEES, AND OTHER MONEY 
79.19   ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT.
79.20       Subdivision 1. Disposition of fines, fees and other money; accounts.  (a) 
79.21   Except as otherwise provided herein and except as otherwise provided by law, the 
79.22   court administrator shall pay to the Hennepin county treasurer all fines and penalties 
79.23   collected by the court administrator, all fees collected by the court administrator for court 
79.24   administrator's services, all sums forfeited to the court as hereinafter provided, and all 
79.25   other money received by the court administrator. 
79.26   (b) The court administrator shall provide the county treasurer with the name of the 
79.27   municipality or other subdivision of government where the offense was committed and 
79.28   the name and official position of the officer who prosecuted the offense for each fine or 
79.29   penalty, and the total amount of fines or penalties collected for each such municipality or 
79.30   other subdivision of government or for the county.
79.31   (c) At the beginning of the first day of any month the amount owing to any 
79.32   municipality or county in the hands of the court administrator shall not exceed $5,000. 	
80.1    (d) On or before the last day of each month the county treasurer shall pay over to 
80.2    the treasurer of each municipality or subdivision of government in Hennepin County all 
80.3    fines or penalties collected during the previous month for offenses committed within 
80.4    such municipality or subdivision of government, except that all such fines and penalties 
80.5    attributable to cases in which the county attorney had charge of the prosecution shall be 
80.6    retained by the county treasurer and credited to the county general revenue fund. 	
80.7    (e) Amounts represented by checks issued by the court administrator or received by 
80.8    the court administrator which have not cleared by the end of the month may be shown 
80.9    on the monthly account as having been paid or received, subject to adjustment on later 
80.10   monthly accounts. 	
80.11   (f) The court administrator may receive negotiable instruments in payment of fines, 
80.12   penalties, fees or other obligations as conditional payments, and is not held accountable 
80.13   therefor until collection in cash is made and then only to the extent of the net collection 
80.14   after deduction of the necessary expense of collection.
80.15       Subd. 2.  Fees payable to administrator.   (a) The civil fees payable to the 
80.16   administrator for services are the same in amount as the fees then payable to the District 
80.17   Court of Hennepin County for like services.  Library and filing fees are not required of 
80.18   the defendant in an eviction action.  The fees payable to the administrator for all other 
80.19   services of the administrator or the court shall be fixed by rules promulgated by a majority 
80.20   of the judges. 	
80.21   (b) Fees are payable to the administrator in advance. 	
80.22   (c) Judgments will be entered only upon written application. 	
80.23   (d) The following fees shall be taxed for all charges filed in court where applicable: 
80.24   (1) the state of Minnesota and any governmental subdivision within the jurisdictional 
80.25   area of any district court herein established may present cases for hearing before said 
80.26   district court; 
80.27   (2) in the event the court takes jurisdiction of a prosecution for the violation of a 
80.28   statute or ordinance by the state or a governmental subdivision other than a city or town 
80.29   in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to 
80.30   the treasurer of the governmental subdivision which submitted charges for prosecution 
80.31   under ordinance violation and to the county treasurer in all other charges except where 
80.32   a different disposition is provided by law, in which case, payment shall be made to the 
80.33   public official entitled thereto.
80.34   (e) The following fees shall be taxed to the county or to the state or governmental 
80.35   subdivision which would be entitled to payment of the fines, forfeiture or penalties in any 
80.36   case, and shall be paid to the court administrator for disposing of the matter: 	
81.1    (1) For each charge where the defendant is brought into court and pleads guilty and 
81.2    is sentenced, or the matter is otherwise disposed of without trial, $5. 	
81.3    (2) In arraignments where the defendant waives a preliminary examination, $10. 	
81.4    (3) For all other charges where the defendant stands trial or has a preliminary 
81.5    examination by the court, $15. 	
81.6    (f) This paragraph applies to the distribution of fines paid by defendants without a 
81.7    court appearance in response to a citation.  On or before the tenth day after the last day of 
81.8    the month in which the money was collected, the county treasurer shall pay 80 percent 
81.9    of the fines to the treasurer of the municipality or subdivision within the county where 
81.10   the violation was committed.  The remainder of the fines shall be credited to the general 
81.11   revenue fund of the county.      
81.12   EFFECTIVE DATE.This section is effective July 1, 2006.

81.13       Sec. 31. [484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY; 
81.14   ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
81.15   (a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 
81.16   for the violation of a statute or ordinance by the state or a governmental subdivision other 
81.17   than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 
81.18   paid over to the county treasurer except where a different disposition is provided by law, 
81.19   and the following fees shall be taxed to the state or governmental subdivision other than 
81.20   a city or town within Ramsey County which would be entitled to payment of the fines, 
81.21   forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 
81.22   disposal of the matter. The administrator shall deduct the fees from any fine collected for 
81.23   the state of Minnesota or a governmental subdivision other than a city or town within 
81.24   Ramsey County and transmit the balance in accordance with the law, and the deduction of 
81.25   the total of the fees each month from the total of all the fines collected is hereby expressly 
81.26   made an appropriation of funds for payment of the fees: 
81.27   (1) in all cases where the defendant is brought into court and pleads guilty and is 
81.28   sentenced, or the matter is otherwise disposed of without a trial, $5;
81.29   (2) in arraignments where the defendant waives a preliminary examination, $10;
81.30   (3) in all other cases where the defendant stands trial or has a preliminary 
81.31   examination by the court, $15; and 
81.32   (4) the court shall have the authority to waive the collection of fees in any particular 
81.33   case.
81.34   (b) On or before the last day of each month, the county treasurer shall pay over 
81.35   to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 
82.1    collected and to the treasurer of each other municipality or subdivision of government in 
82.2    Ramsey County one-half of all fines or penalties collected during the previous month from 
82.3    those imposed for offenses committed within the treasurer's municipality or subdivision 
82.4    of government in violation of a statute; an ordinance; or a charter provision, rule, or 
82.5    regulation of a city. All other fines and forfeitures and all fees and costs collected by the 
82.6    district court shall be paid to the treasurer of Ramsey County, who shall dispense the 
82.7    same as provided by law. 
82.8    EFFECTIVE DATE.This section is effective July 1, 2006. 

82.9        Sec. 32. [484.86] COURT DIVISIONS.
82.10       Subdivision 1. Authority. Subject to the provisions of section 244.19 and rules of 
82.11   the Supreme Court, a court may establish a probate division, a family court division, 
82.12   juvenile division, and a civil and criminal division which shall include a conciliation 
82.13   court, and may establish within the civil and criminal division a traffic and ordinance 
82.14   violations bureau.
82.15       Subd. 2. Establishment. The court may establish, consistent with Rule 23 of the 
82.16   Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines.
82.17   EFFECTIVE DATE.This section is effective July 1, 2006. 

82.18       Sec. 33. [484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN 
82.19   CRIMINAL PROCEEDINGS.
82.20       Subdivision 1. Right to jury trial. In any prosecution brought in a district court in 
82.21   which conviction of the defendant for the offense charged could result in imprisonment, 
82.22   the defendant has the right to a jury trial.
82.23       Subd. 2. Prosecuting attorneys in Hennepin and Ramsey Counties. In the 
82.24   counties of Hennepin and Ramsey, except as otherwise provided in this subdivision and 
82.25   section 388.051, subdivision 2, the attorney of the municipality in which the violation is 
82.26   alleged to have occurred has charge of the prosecution of all violations of the state laws, 
82.27   including violations which are gross misdemeanors, and municipal charter provisions, 
82.28   ordinances, rules, and regulations triable in the district court, and shall prepare complaints 
82.29   for the violations. The county attorney has charge of the prosecution of a violation triable 
82.30   in district court and shall prepare a complaint for the violation:
82.31   (1) if the county attorney is specifically designated by law as the prosecutor for the 
82.32   particular violation charged; or
83.1    (2) if the alleged violation is of state law and is alleged to have occurred in a 
83.2    municipality or other subdivision of government whose population according to the most 
83.3    recent federal decennial census is less than 2,500 and whose governing body, or the town 
83.4    board in the case of a town, has accepted this clause by majority vote, and if the defendant 
83.5    is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a 
83.6    member of the State Patrol.
83.7    Clause (2) shall not apply to a municipality or other subdivision of government 
83.8    whose population according to the most recent federal decennial census is 2,500 or more, 
83.9    regardless of whether or not it has previously accepted clause (2).
83.10       Subd. 3. Prosecuting attorneys.  Except as provided in subdivision 2 and as 
83.11   otherwise provided by law, violations of state law that are petty misdemeanors or 
83.12   misdemeanors must be prosecuted by the attorney of the statutory or home rule charter 
83.13   city where the violation is alleged to have occurred, if the city has a population greater 
83.14   than 600. If a city has a population of 600 or less, it may, by resolution of the city council, 
83.15   and with the approval of the board of county commissioners, give the duty to the county 
83.16   attorney. In cities of the first, second, and third class, gross misdemeanor violations of 
83.17   sections  609.52,  609.535,  609.595,  609.631, and 609.821 must be prosecuted by the 
83.18   attorney of the city where the violation is alleged to have occurred. The statutory or 
83.19   home rule charter city may enter into an agreement with the county board and the 
83.20   county attorney to provide prosecution services for any criminal offense. All other petty 
83.21   misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the 
83.22   county attorney of the county in which the alleged violation occurred. All violations of 
83.23   a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the 
83.24   attorney for the governmental unit that promulgated the municipal ordinance, charter 
83.25   provision, rule, or regulation, regardless of its population, or by the county attorney with 
83.26   whom it has contracted to prosecute these matters.
83.27   In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of 
83.28   state law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as 
83.29   provided in section  388.051, subdivision 2, must be prosecuted by the attorney of the 
83.30   statutory or home rule charter city where the violation is alleged to have occurred. The 
83.31   statutory or home rule charter city may enter into an agreement with the county board and 
83.32   the county attorney to provide prosecution services for any criminal offense. All other 
83.33   petty misdemeanors, misdemeanors, or gross misdemeanors must be prosecuted by the 
83.34   county attorney of the county in which the alleged violation occurred. All violations of 
83.35   a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the 
83.36   attorney for the governmental unit that promulgated the municipal ordinance, charter 
84.1    provision, rule, or regulation or by the county attorney with whom it has contracted to 
84.2    prosecute these matters.
84.3        Subd. 4. Presumption of innocence; conviction of lowest degree. In an action 
84.4    or proceeding charging a violation of an ordinance of any subdivision of government in 
84.5    Hennepin County, if such ordinance is the same or substantially the same as a state law, 
84.6    the provisions of section 611.02 shall apply.
84.7        Subd. 5.  Assistance of attorney general.  An attorney for a statutory or home 
84.8    rule charter city in the metropolitan area, as defined in section  473.121, subdivision 2, 
84.9    may request, and the attorney general may provide, assistance in prosecuting nonfelony 
84.10   violations of section  609.66, subdivision 1;  609.666;  624.713, subdivision 2;  624.7131, 
84.11   subdivision 11;  624.7132, subdivision 15;  624.714, subdivision 1 or 10;  624.7162, 
84.12   subdivision 3; or  624.7181, subdivision 2.
84.13   EFFECTIVE DATE.This section is effective July 1, 2006. 

84.14       Sec. 34. [484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO 
84.15   COUNTY.
84.16   A municipality or other subdivision of government seeking to use the county 
84.17   attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county 
84.18   board of its intention to use the services of the county attorney at least 60 days prior to 
84.19   the adoption of the board's annual budget each year. A municipality may enter into an 
84.20   agreement with the county board and the county attorney to provide prosecution services 
84.21   for any criminal offense on a case-by-case basis.
84.22   EFFECTIVE DATE.This section is effective July 1, 2006. 

84.23       Sec. 35. [484.89] ORDER FOR PRISON RELEASE.
84.24   When a person is confined to the Hennepin County Adult Correctional Facility and a 
84.25   fine is remitted or a sentence is stayed or suspended, the person released on parole, or the 
84.26   release of the person secured by payment of the fine in default of which the person was 
84.27   committed, the prisoner shall not be released except upon order of the court. A written 
84.28   transcript of such order signed by the court administrator and under the court's seal shall 
84.29   be furnished to the superintendent of the Hennepin County Adult Correctional Facility. 
84.30   All cost of confinement or imprisonment in any jail or correctional facility shall be paid by 
84.31   the municipality or subdivision of government in Hennepin County in which the violation 
84.32   occurred, except that the county shall pay all costs of confinement or imprisonment 
84.33   incurred as a result of a prosecution of a gross misdemeanor.
85.1    EFFECTIVE DATE.This section is effective July 1, 2006. 

85.2        Sec. 36. [484.90] FEES PAYABLE TO COURT ADMINISTRATOR.
85.3        Subdivision 1. Fees. The fees payable to the court administrator for the following 
85.4    services in petty misdemeanors or criminal actions are governed by the following 
85.5    provisions:
85.6    In the event the court takes jurisdiction of a prosecution for the violation of a statute 
85.7    or ordinance by the state or a governmental subdivision other than a city or town within 
85.8    the county court district; all fines, penalties and forfeitures collected shall be paid over 
85.9    to the treasurer of the governmental subdivision which submitted a case for prosecution 
85.10   except where a different disposition is provided by law, in which case payment shall 
85.11   be made to the public official entitled thereto. The following fees for services in petty 
85.12   misdemeanor or criminal actions shall be taxed to the state or governmental subdivision 
85.13   which would be entitled to payment of the fines, forfeiture or penalties in any case, and 
85.14   shall be retained by the court administrator for disposing of the matter but in no case shall 
85.15   the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct 
85.16   the fees from any fine collected and transmit the balance in accordance with the law, and 
85.17   the deduction of the total of such fees each month from the total of all such fines collected 
85.18   is hereby expressly made an appropriation of funds for payment of such fees:
85.19   (1) in all cases where the defendant pleads guilty at or prior to first appearance and 
85.20   sentence is imposed or the matter is otherwise disposed of without a trial, $5;
85.21   (2) where the defendant pleads guilty after first appearance or prior to trial, $10;
85.22   (3) in all other cases where the defendant is found guilty by the court or jury or 
85.23   pleads guilty during trial, $15; and
85.24   (4) the court shall have the authority to waive the collection of fees in any particular 
85.25   case.
85.26   The fees set forth in this subdivision shall not apply to parking violations for which 
85.27   complaints and warrants have not been issued.
85.28       Subd. 2. Miscellaneous fees. Fees payable to the court administrator for all other 
85.29   services shall be fixed by court rule.
85.30       Subd. 3. Payment in advance. Except as provided in subdivision 1, fees are 
85.31   payable to the court administrator in advance.
85.32       Subd. 4. Fines paid by check.  Amounts represented by checks issued by the court 
85.33   administrator or received by the court administrator which have not cleared by the end of 
85.34   the month may be shown on the monthly account as having been paid or received, subject 
85.35   to adjustment on later monthly accounts. 
86.1        Subd. 5.  Checks.  	The court administrator may receive checks in payment of fines, 
86.2    penalties, fees or other obligations as conditional payments, and is not held accountable 
86.3    therefor until collection in cash is made and then only to the extent of the net collection 
86.4    after deduction of the necessary expense of collection. 	
86.5        Subd. 6.  Allocation.  The court administrator shall provide the county treasurer with 
86.6    the name of the municipality or other subdivision of government where the offense was 
86.7    committed which employed or provided by contract the arresting or apprehending officer 
86.8    and the name of the municipality or other subdivision of government which employed the 
86.9    prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 
86.10   penalty and the total amount of fines or penalties collected for each municipality or other 
86.11   subdivision of government.  On or before the last day of each month, the county treasurer 
86.12   shall pay over to the treasurer of each municipality or subdivision of government within 
86.13   the county all fines or penalties for parking violations for which complaints and warrants 
86.14   have not been issued and one third of all fines or penalties collected during the previous 
86.15   month for offenses committed within the municipality or subdivision of government 
86.16   from persons arrested or issued citations by officers employed by the municipality or 
86.17   subdivision or provided by the municipality or subdivision by contract.  An additional one 
86.18   third of all fines or penalties shall be paid to the municipality or subdivision of government 
86.19   providing prosecution of offenses of the type for which the fine or penalty is collected 
86.20   occurring within the municipality or subdivision, imposed for violations of state statute 
86.21   or of an ordinance, charter provision, rule, or regulation of a city whether or not a guilty 
86.22   plea is entered or bail is forfeited.  Except as provided in section 299D.03, subdivision 5, 
86.23   or as otherwise provided by law, all other fines and forfeitures and all fees and statutory 
86.24   court costs collected by the court administrator shall be paid to the county treasurer of the 
86.25   county in which the funds were collected who shall dispense them as provided by law. 
86.26   In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), all 
86.27   other fines, forfeitures, fees, and statutory court costs must be paid to the commissioner of 
86.28   finance for deposit in the state treasury and credited to the general fund.
86.29   EFFECTIVE DATE.This section is effective July 1, 2006. 

86.30       Sec. 37. [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
86.31       Subdivision 1. Establishment. Misdemeanor violations bureaus shall be established 
86.32   in Minneapolis, a southern suburb location, and at any other northern and western 
86.33   suburban locations dispersed throughout the county as may be designated by a majority of 
86.34   the judges of the court.
87.1        Subd. 2. Supervision. The court shall supervise and the court administrator 
87.2    shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the 
87.3    Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court 
87.4    administrator shall assign one or more deputy court administrators to discharge and 
87.5    perform the duties of the bureau.
87.6        Subd. 3. Uniform traffic ticket. The Hennepin County Board may alter by deletion 
87.7    or addition the uniform traffic ticket, provided in section 169.99, in such manner as it 
87.8    deems advisable for use in Hennepin County.
87.9        Subd. 4. Procedure by person receiving misdemeanor citation. A person who 
87.10   receives a misdemeanor or petty misdemeanor citation shall proceed as follows:
87.11   (a) If a fine for the violation may be paid at the bureau without appearance before a 
87.12   judge, the person charged may pay the fine in person or by mail to the bureau within the 
87.13   time specified in the citation. Payment of the fine shall be deemed to be the entry of a 
87.14   plea of guilty to the violation charged and a consent to the imposition of a sentence for the 
87.15   violation in the amount of the fine paid. A receipt shall be issued to evidence the payment 
87.16   and the receipt shall be satisfaction for the violation charged in that citation.
87.17   (b) When a fine is not paid, the person charged must appear at a bureau within the 
87.18   time specified in the citation, state whether the person desires to enter a plea of guilty or 
87.19   not guilty, arrange for a date for arraignment in court and appear in court for arraignment 
87.20   on the date set by the bureaus.
87.21   EFFECTIVE DATE.This section is effective July 1, 2006. 

87.22       Sec. 38. [484.92] ADDITIONAL EMPLOYEES.
87.23       Subdivision 1. Bailiffs.  The sheriff of a county shall furnish to the district court 
87.24   deputies to serve as bailiffs within the county as the court may request.  The county board 
87.25   may, with the approval of the chief judge of the district, contract with any municipality, 
87.26   upon terms agreed upon, for the services of police officers of the municipality to act as 
87.27   bailiffs in the county district court.
87.28   Nothing contained herein shall be construed to limit the authority of the court to 
87.29   employ probation officers with the powers and duties prescribed in section 244.19. 
87.30       Subd. 2.  Transcription of court proceedings.  Electronic recording equipment may 
87.31   be used for the purposes of Laws 1971, chapter 951, to record court proceedings in lieu of 
87.32   a court reporter.  However, at the request of any party to any proceedings the court may in 
87.33   its discretion require the proceedings to be recorded by a competent court reporter who 
87.34   shall perform such additional duties as the court directs.  The salary of a reporter shall be 
87.35   set in accordance with the procedure provided by sections 486.05 and 486.06.
88.1    EFFECTIVE DATE.This section is effective July 1, 2006. 

88.2        Sec. 39. Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:
88.3    485.01 APPOINTMENT; BOND; DUTIES.
88.4    A clerk of the district court for each county within the judicial district, who shall be 
88.5    known as the court administrator, shall be appointed by a majority of the district court 
88.6    judges in the district. The clerk, before entering upon the duties of office, shall give bond 
88.7    to the state, to be approved by the chief judge of the judicial district, conditioned for the 
88.8    faithful discharge of official duties. The bond, with An oath of office, shall be recorded 
88.9    with the county recorder court administrator. The clerk court administrator shall perform 
88.10   all duties assigned by law and by the rules of the court. The clerk court administrator 
88.11   and all deputy clerks deputies must not practice as attorneys in the court in which they 
88.12   are employed.
88.13   The duties, functions, and responsibilities which have been and may be required 
88.14   by law or rule to be performed by the clerk of district court shall be performed by the 
88.15   court administrator.
88.16   EFFECTIVE DATE.This section is effective July 1, 2006. 

88.17       Sec. 40. Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read:
88.18       Subd. 5. Collection of fees. The court administrator of district court shall charge and 
88.19   collect all fees as prescribed by law and all such fees collected by the court administrator 
88.20   as court administrator of district court shall be paid to the county treasurer Department of 
88.21   Finance. Except for those portions of forfeited bail paid to victims pursuant to existing 
88.22   law, the county treasurer court administrator shall forward all revenue from fees and 
88.23   forfeited bail collected under chapters 357, 487, and 574 to the commissioner of finance 
88.24   for deposit in the state treasury and credit to the general fund, unless otherwise provided in 
88.25   chapter 611A or other law, in the manner and at the times prescribed by the commissioner 
88.26   of finance, but not less often than once each month. If the defendant or probationer 
88.27   is located after forfeited bail proceeds have been forwarded to the commissioner of 
88.28   finance, the commissioner of finance shall reimburse the county, on request, for actual 
88.29   costs expended for extradition, transportation, or other costs necessary to return the 
88.30   defendant or probationer to the jurisdiction where the bail was posted, in an amount not 
88.31   more than the amount of forfeited bail. The court administrator of district court shall not 
88.32   retain any additional compensation, per diem or other emolument for services as court 
89.1    administrator of district court, but may receive and retain mileage and expense allowances 
89.2    as prescribed by law.
89.3    EFFECTIVE DATE.This section is effective July 1, 2006. 

89.4        Sec. 41. Minnesota Statutes 2004, section 485.021, is amended to read:
89.5    485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT 
89.6    ADMINISTRATOR.
89.7    When money is paid into court pursuant to court order, the court administrator of 
89.8    district court, unless the court order specifies otherwise, may place such moneys with the 
89.9    county treasurer Department of Finance for investment, as provided by law. When such 
89.10   moneys are subsequently released, or otherwise treated, by court order, the same shall be 
89.11   immediately paid over by the county treasurer to the court administrator of district court 
89.12   who shall then fulfill the direction of the court order relative to such moneys.
89.13   EFFECTIVE DATE.This section is effective July 1, 2006. 

89.14       Sec. 42. Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:
89.15   485.03 DEPUTIES.
89.16   (a) The county board shall determine the number of permanent full time deputies, 
89.17   clerks and other employees in the office of the court administrator of district court and 
89.18   shall fix the compensation for each position. The county board shall also budget for 
89.19   temporary deputies and other employees and shall fix their rates of compensation. 
89.20   This paragraph does not apply to a county in a judicial district under section 480.181, 
89.21   subdivision 1, paragraph (b).
89.22   (b) The court administrator shall appoint in writing the deputies and other 
89.23   employees, for whose acts the court administrator shall be responsible, and whom the 
89.24   court administrator may remove at pleasure. Before each enters upon official duties, 
89.25   the appointment and oath of each shall be recorded with the county recorder court 
89.26   administrator.
89.27   EFFECTIVE DATE.This section is effective July 1, 2006. 

89.28       Sec. 43. Minnesota Statutes 2005 Supplement, section 485.05, is amended to read:
89.29   485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.
89.30   In all counties in the state now or hereafter having a population of more than 150,000 
89.31   and wherein regular terms of the district court are held in three or more places, the court 
90.1    administrator of the district court therein, by an instrument in writing, under the court 
90.2    administrator's hand and seal, and with the approval of the district judge of the judicial 
90.3    district in which said county is situated, or, if there be more than one such district judge, 
90.4    with the approval of a majority thereof, may appoint deputies for whose acts the court 
90.5    administrator shall be responsible, such deputies to hold office as such until they shall 
90.6    be removed therefrom, which removal shall not be made except with the approval of the 
90.7    district judge or judges. The appointment and oath of every such deputy shall be recorded 
90.8    with the county recorder court administrator.
90.9    EFFECTIVE DATE.This section is effective July 1, 2006. 

90.10       Sec. 44. Minnesota Statutes 2004, section 485.11, is amended to read:
90.11   485.11 PRINTED CALENDARS.
90.12   The court administrator of the district court in each of the several counties of this 
90.13   state shall provide calendars either printed or otherwise duplicated of the cases to be tried 
90.14   at the general terms thereof at the expense of the counties where such court is held. This 
90.15   section shall not apply to a county where only one term of court is held each year.
90.16   EFFECTIVE DATE.This section is effective July 1, 2006. 

90.17       Sec. 45. Minnesota Statutes 2004, section 517.041, is amended to read:
90.18   517.041 POWER TO APPOINT COURT COMMISSIONER; DUTY.
90.19   The county court of the combined county court district of Benton and Stearns may 
90.20   appoint as court commissioner a person who was formerly employed by that county court 
90.21   district as a court commissioner.
90.22   The county court of the Third or Fifth Judicial Districts District  may appoint as court 
90.23   commissioner for Brown, Dodge, Fillmore and Olmsted Counties respectively a person 
90.24   who was formerly employed by those counties as a court commissioner.
90.25   The sole duty of an appointed court commissioner is to solemnize marriages.
90.26   EFFECTIVE DATE.This section is effective July 1, 2006. 

90.27       Sec. 46. Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read:
90.28       Subd. 2. Minimum standards; plan. The Minnesota Supreme Court should 
90.29   promulgate minimum standards for the implementation and administration of a parent 
90.30   education program. The chief judge of each judicial district or a designee shall submit 
90.31   a plan to the Minnesota conference of chief judges for their approval that is designed to 
91.1    implement and administer a parent education program in the judicial district. The plan 
91.2    must be consistent with the minimum standards promulgated by the Minnesota Supreme 
91.3    Court.
91.4    EFFECTIVE DATE.This section is effective July 1, 2006. 

91.5        Sec. 47. Minnesota Statutes 2004, section 518B.01, is amended by adding a 
91.6    subdivision to read:
91.7        Subd. 19a. Entry and enforcement of foreign protective orders. (a) As used in 
91.8    this subdivision, "foreign protective order" means an order for protection entered by 
91.9    a court of another state; and order by an Indian tribe which includes orders entered in 
91.10   child welfare proceedings, or United States territory that would be a protective order 
91.11   entered under this chapter; a temporary or permanent order or protective order to exclude 
91.12   a respondent from a dwelling; or an order that establishes conditions of release or is 
91.13   a protective order or sentencing order in a criminal prosecution arising from a domestic 
91.14   abuse assault if it had been entered in Minnesota.
91.15   (b) A person for whom a foreign protection order has been issued or the issuing court 
91.16   or tribunal may provide a certified or authenticated copy of a foreign protective order to the 
91.17   court administrator in any county that would have venue if the original action was being 
91.18   commenced in this state or in which the person in whose favor the order was entered may 
91.19   be present, for filing and entering of the same into the state order for prosecution database.
91.20   (c) The court administrator shall file and enter foreign protective orders that are 
91.21   not certified or authenticated, if supported by an affidavit of a person with personal 
91.22   knowledge, subject to the penalties for perjury. The person protected by the order may 
91.23   provide this affidavit.
91.24   (d) The court administrator shall provide copies of the order as required by this 
91.25   section.
91.26   (e) A valid foreign protective order has the same effect and shall be enforced in the 
91.27   same manner as an order for protection issued in this state whether or not filed with a court 
91.28   administrator or otherwise entered in the state order for protection database.
91.29   (f) A foreign protective order is presumed valid if it meets all of the following:
91.30   (1) the order states the name of the protected individual and the individual against 
91.31   whom enforcement is sought;
91.32   (2) the order has not expired;
91.33   (3) the order was issued by a court or tribunal that had jurisdiction over the parties 
91.34   and subject matter under the law of the foreign jurisdiction; and
92.1    (4) the order was issued in accordance with the respondent's due process rights, 
92.2    either after the respondent was provided with reasonable notice and an opportunity to be 
92.3    heard before the court or tribunal that issued the order, or in the case of an ex parte order, 
92.4    the respondent was granted notice and an opportunity to be heard within a reasonable 
92.5    time after the order was issued.
92.6    (g) Proof that a foreign protective order failed to meet all of the factors listed in 
92.7    paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
92.8    (h) A peace officer shall treat a foreign protective order as a valid legal document 
92.9    and shall make an arrest for a violation of the foreign protective order in the same manner 
92.10   that a peace officer would make an arrest for a violation of a protective order issued 
92.11   within this state.
92.12   (i) The fact that a foreign protective order has not been filed with the court 
92.13   administrator or otherwise entered into the state order for protection database shall not be 
92.14   grounds to refuse to enforce the terms of the order unless it is apparent to the officer that 
92.15   the order is invalid on its face.
92.16   (j) A peace officer acting reasonably and in good faith in connection with the 
92.17   enforcement of a foreign protective order is immune from civil and criminal liability in 
92.18   any action arising in connection with the enforcement.
92.19   (k) Filing and service costs in connection with foreign protective orders are waived.
92.20   EFFECTIVE DATE.This section is effective July 1, 2006. 

92.21       Sec. 48. Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read:
92.22       Subd. 2. Board of judicial standards review. At least annually, the board on 
92.23   judicial standards shall review the compliance of each district, county, or municipal judge 
92.24   with the provisions of subdivision 1. To facilitate this review, the director of the state 
92.25   judicial information system shall notify the executive secretary of the state board on 
92.26   judicial standards when a matter exceeds 90 days without a disposition. The board shall 
92.27   notify the commissioner of finance of each judge not in compliance. If the board finds that 
92.28   a judge has compelling reasons for noncompliance, it may decide not to issue the notice. 
92.29   Upon notification that a judge is not in compliance, the commissioner of finance shall 
92.30   not pay the salary of that judge. The board may cancel a notice of noncompliance upon 
92.31   finding that a judge is in compliance, but in no event shall a judge be paid a salary for the 
92.32   period in which the notification of noncompliance was in effect.
92.33   EFFECTIVE DATE.This section is effective July 1, 2006. 

93.1        Sec. 49. Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read:
93.2        Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
93.3    (1) when a court sentences a person convicted of a felony that is not listed in 
93.4    subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
93.5    authorized by law nor more than the maximum fine authorized by law; and
93.6    (2) when a court sentences a person convicted of a gross misdemeanor or 
93.7    misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
93.8    30 percent of the maximum fine authorized by law nor more than the maximum fine 
93.9    authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
93.10   established by the conference of chief judges Judicial Council in consultation with affected 
93.11   state and local agencies. This schedule shall be promulgated not later than September 1 of 
93.12   each year and shall become effective on January 1 of the next year unless the legislature, 
93.13   by law, provides otherwise.
93.14   The minimum fine required by this subdivision is in addition to the surcharge or 
93.15   assessment required by section  357.021, subdivision 6, and is in addition to any sentence 
93.16   of imprisonment or restitution imposed or ordered by the court. 
93.17   The court shall collect the fines mandated in this subdivision and, except for fines for 
93.18   traffic and motor vehicle violations governed by section  169.871 and section  299D.03 and 
93.19   fish and game violations governed by section  97A.065, forward 20 percent of the revenues 
93.20   to the commissioner of finance for deposit in the general fund. 
93.21   EFFECTIVE DATE.This section is effective July 1, 2006. 

93.22       Sec. 50. Minnesota Statutes 2004, section 629.74, is amended to read:
93.23   629.74 PRETRIAL BAIL EVALUATION.
93.24   The local corrections department or its designee shall conduct a pretrial bail 
93.25   evaluation of each defendant arrested and detained for committing a crime of violence 
93.26   as defined in section  624.712, subdivision 5, a gross misdemeanor violation of section  
93.27   609.224 or  609.2242, or a nonfelony violation of section  518B.01,  609.2231,  609.3451,  
93.28   609.748, or  609.749. In cases where the defendant requests appointed counsel, the 
93.29   evaluation shall include completion of the financial statement required by section  
93.30   611.17. The local corrections department shall be reimbursed $25 by the Department of 
93.31   Corrections for each evaluation performed. The conference of chief judges, Judicial 
93.32   Council in consultation with the Department of Corrections, shall approve the pretrial 
93.33   evaluation form to be used in each county. 
93.34   EFFECTIVE DATE.This section is effective July 1, 2006. 

94.1        Sec. 51. Minnesota Statutes 2004, section 641.25, is amended to read:
94.2    641.25 DISTRICT JAILS; HOW DESIGNATED.
94.3    The commissioner of corrections, with the consent of the county board, may 
94.4    designate any suitable jail in the state as a district jail, to be used for the detention of 
94.5    prisoners from other counties in addition to those of its own. If the jail or its management 
94.6    becomes unfit for that purpose, the commissioner may rescind its designation. Whenever 
94.7    there is no sufficient jail in any county, the examining county or municipal judge, or upon 
94.8    the judge's own motion, or the judge of the district court, upon application of the sheriff, 
94.9    may order any person charged with a criminal offense committed to a sufficient jail in 
94.10   some other county. If there is a district jail in the judicial district, the charged person shall 
94.11   be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the 
94.12   county containing the district jail, on presentation of the order, shall receive, keep in 
94.13   custody, and deliver the charged person up upon the order of the court or a judge.
94.14   EFFECTIVE DATE.This section is effective July 1, 2006. 

94.15       Sec. 52. Laws 2002, chapter 266, section 1,  as amended by Laws 2004, chapter 290, 
94.16   section 38, is amended to read:
94.17   Section 1.  DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 
94.18   EXTENSION.  
94.19    
94.20   The fourth judicial district may extend the duration of the  pilot project authorized 
94.21   by Laws 1999, chapter 216, article 2,  section 27, and Laws 2000, chapter 468, sections 
94.22   29 to 32, until  December 31,  2006 2008.  If the pilot project is extended, the  domestic 
94.23   fatality review team shall submit a report on the  project to the legislature by January 
94.24   15,  2007 2009.  
94.25   EFFECTIVE DATE.This section is effective the day following final enactment. 

94.26       Sec. 53.  REPEALER.
94.27   Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions 2 
94.28   and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8; 485.12; 
94.29   487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 
94.30   487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 
94.31   487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; 
94.32   488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; 
94.33   488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 
95.1    488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 488A.28; 
95.2    488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; 
95.3    525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081; 
95.4    525.082; 525.09; and 625.09, and Minnesota Statutes 2005 Supplement, sections 353.027; 
95.5    and 485.03, are repealed.
95.6    EFFECTIVE DATE.This section is effective July 1, 2006.

95.7                                           ARTICLE 6
95.8                                    EMERGENCY COMMUNICATIONS

95.9        Section 1. Minnesota Statutes 2004, section 237.49, is amended to read:
95.10   237.49 COMBINED LOCAL ACCESS SURCHARGE.
95.11   Each local telephone company shall collect from each subscriber an amount per 
95.12   telephone access line representing the total of the surcharges required under sections  
95.13   237.52,  237.70, and  403.11. Amounts collected must be remitted to the commissioner 
95.14   of public safety in the manner prescribed in section  403.11. The commissioner of public 
95.15   safety shall divide the amounts received proportional to the individual surcharges and 
95.16   deposit them in the appropriate accounts. The commissioner of public safety may recover 
95.17   from the agencies receiving the surcharges the personnel and administrative costs to 
95.18   collect and distribute the surcharge. A company or the billing agent for a company shall 
95.19   list the surcharges as one amount on a billing statement sent to a subscriber. 
95.20   EFFECTIVE DATE.This section is effective July 1, 2006. 

95.21       Sec. 2. Minnesota Statutes 2004, section 403.02, is amended by adding a subdivision 
95.22   to read:
95.23       Subd. 19a. Secondary public safety answering point. "Secondary public safety 
95.24   answering point" means a communications facility that: (1) is operated on a 24-hour basis, 
95.25   in which a minimum of three public safety answering points (PSAP's) route calls for 
95.26   postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to 
95.27   reduce call volume at the PSAP's; and (3) is able to receive 911 calls routed to it from a 
95.28   PSAP when the PSAP is unable to receive or answer 911 calls.
95.29   EFFECTIVE DATE.This section is effective July 1, 2006.

95.30       Sec. 3. Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is 
95.31   amended to read:
96.1        Subd. 7. Contractual requirements. (a) The state, together shall contract with 
96.2    the county or other governmental agencies operating public safety answering points, 
96.3    shall contract and with the appropriate wire-line telecommunications service providers or 
96.4    other entities determined by the commissioner to be capable of providing effective and 
96.5    efficient components of the 911 system for the operation, maintenance, enhancement, 
96.6    and expansion of the 911 system.
96.7    (b) The state shall contract with the appropriate wireless telecommunications service 
96.8    providers for maintaining, enhancing, and expanding the 911 system.
96.9    (c) The contract language or subsequent amendments to the contract must include 
96.10   a description of the services to be furnished to the county or other governmental 
96.11   agencies operating public safety answering points. The contract language or subsequent 
96.12   amendments must include the terms of compensation based on the effective tariff or price 
96.13   list filed with the Public Utilities Commission or the prices agreed to by the parties.
96.14   (d) The contract language or subsequent amendments to contracts between the 
96.15   parties must contain a provision for resolving disputes.
96.16   EFFECTIVE DATE.This section is effective July 1, 2006. 

96.17       Sec. 4. Minnesota Statutes 2005 Supplement, section 403.05, subdivision 3, is 
96.18   amended to read:
96.19       Subd. 3. Agreements for service. Each county and or any other governmental 
96.20   agency shall contract with the state and wire-line telecommunications service providers or 
96.21   other entities determined by the commissioner to be capable of providing effective and 
96.22   efficient components of the 911 system for the recurring and nonrecurring costs associated 
96.23   with operating and maintaining 911 emergency communications systems. If requested by 
96.24   the county or other governmental agency, the county or agency is entitled to be a party to 
96.25   any contract between the state and any wire-line telecommunications service provider or 
96.26   911 emergency telecommunications service provider providing components of the 911 
96.27   system within the county.
96.28   EFFECTIVE DATE.This section is effective July 1, 2006. 

96.29       Sec. 5. Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to read:
96.30       Subd. 7. Duties. Each wireless telecommunications service provider shall cooperate 
96.31   in planning and implementing integration with enhanced 911 systems operating in 
96.32   their service territories to meet Federal Communications Commission-enhanced 911 
96.33   standards. By August 1, 1997, each 911 emergency telecommunications service 
97.1    provider operating enhanced 911 systems, in cooperation with each involved Each 
97.2    wireless telecommunications service provider, shall annually develop and provide to the 
97.3    commissioner good-faith estimates of installation and recurring expenses to integrate 
97.4    wireless 911 service into the enhanced 911 networks to meet Federal Communications 
97.5    Commission phase one wireless enhanced 911 standards. The commissioner shall 
97.6    coordinate with counties and affected public safety agency representatives in developing a 
97.7    statewide design and plan for implementation.
97.8    EFFECTIVE DATE.This section is effective July 1, 2006. 

97.9        Sec. 6. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is 
97.10   amended to read:
97.11       Subdivision 1. Emergency telecommunications service fee; account. (a) Each 
97.12   customer of a wireless or wire-line switched or packet-based telecommunications service 
97.13   provider connected to the public switched telephone network that furnishes service capable 
97.14   of originating a 911 emergency telephone call is assessed a fee based upon the number 
97.15   of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
97.16   maintenance and related improvements for trunking and central office switching equipment 
97.17   for 911 emergency telecommunications service, plus to offset administrative and staffing 
97.18   costs of the commissioner related to managing the 911 emergency telecommunications 
97.19   service program. Recurring charges by a wire-line telecommunications service provider 
97.20   for updating the information required by section 403.07, subdivision 3, must be paid by 
97.21   the commissioner if the wire-line telecommunications service provider is included in an 
97.22   approved 911 plan and the charges are made pursuant to contract. The fee assessed under 
97.23   this section must also be used for the purpose of offsetting, to make distributions provided 
97.24   for in section 403.113, and to offset  the costs, including administrative and staffing costs, 
97.25   incurred by the State Patrol Division of the Department of Public Safety in handling 911 
97.26   emergency calls made from wireless phones.
97.27   (b) Money remaining in the 911 emergency telecommunications service account 
97.28   after all other obligations are paid must not cancel and is carried forward to subsequent 
97.29   years and may be appropriated from time to time to the commissioner to provide financial 
97.30   assistance to counties for the improvement of local emergency telecommunications 
97.31   services. The improvements may include providing access to 911 service for 
97.32   telecommunications service subscribers currently without access and upgrading existing 
97.33   911 service to include automatic number identification, local location identification, 
97.34   automatic location identification, and other improvements specified in revised county 
97.35   911 plans approved by the commissioner.
98.1    (c) The fee may not be less than eight cents nor more than 65 cents a month for 
98.2    each customer access line or other basic access service, including trunk equivalents as 
98.3    designated by the Public Utilities Commission for access charge purposes and including 
98.4    wireless telecommunications services. With the approval of the commissioner of finance, 
98.5    the commissioner of public safety shall establish the amount of the fee within the limits 
98.6    specified and inform the companies and carriers of the amount to be collected. When the 
98.7    revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
98.8    defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
98.9    no longer needed. The commissioner shall provide companies and carriers a minimum of 
98.10   45 days' notice of each fee change. The fee must be the same for all customers.
98.11   (d) The fee must be collected by each wireless or wire-line telecommunications 
98.12   service provider subject to the fee. Fees are payable to and must be submitted to the 
98.13   commissioner monthly before the 25th of each month following the month of collection, 
98.14   except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
98.15   less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
98.16   to a 911 emergency telecommunications service account in the special revenue fund. The 
98.17   money in the account may only be used for 911 telecommunications services.
98.18   (e) This subdivision does not apply to customers of interexchange carriers.
98.19   (f) The installation and recurring charges for integrating wireless 911 calls into 
98.20   enhanced 911 systems must be paid are eligible for payment by the commissioner if the 
98.21   911 service provider is included in the statewide design plan and the charges are made 
98.22   pursuant to contract.
98.23   (g) Competitive local exchanges carriers holding certificates of authority from the 
98.24   Public Utilities Commission are eligible to receive payment for recurring 911 services.
98.25   EFFECTIVE DATE.This section is effective July 1, 2006. 

98.26       Sec. 7. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is 
98.27   amended to read:
98.28       Subd. 3. Method of payment. (a) Any wireless or wire-line telecommunications 
98.29   service provider incurring reimbursable costs under subdivision 1 shall submit an 
98.30   invoice itemizing rate elements by county or service area to the commissioner for 911 
98.31   services furnished under contract. Any wireless or wire-line telecommunications service 
98.32   provider is eligible to receive payment for 911 services rendered according to the terms 
98.33   and conditions specified in the contract. Competitive local exchange carriers holding 
98.34   certificates of authority from the Public Utilities Commission are eligible to receive 
98.35   payment for recurring 911 services provided after July 1, 2001. The commissioner shall 
99.1    pay the invoice within 30 days following receipt of the invoice unless the commissioner 
99.2    notifies the service provider that the commissioner disputes the invoice.
99.3    (b) The commissioner shall estimate the amount required to reimburse 
99.4    911 emergency telecommunications service providers and wireless and wire-line 
99.5    telecommunications service providers for the state's obligations under subdivision 1 and 
99.6    the governor shall include the estimated amount in the biennial budget request.
99.7    EFFECTIVE DATE.This section is effective July 1, 2006. 

99.8        Sec. 8. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is 
99.9    amended to read:
99.10       Subd. 3a. Timely certification invoices. A certification An invoice for services 
99.11   provided for in the contract with a wireless or wire-line telecommunications service 
99.12   provider must be submitted to the commissioner no later than one year 90 days after 
99.13   commencing a new or additional eligible 911 service. Each applicable contract must 
99.14   provide that, if certified expenses under the contract deviate from estimates in the contract 
99.15   by more than ten percent, the commissioner may reduce the level of service without 
99.16   incurring any termination fees.
99.17   EFFECTIVE DATE.This section is effective July 1, 2006. 

99.18       Sec. 9. Minnesota Statutes 2004, section 403.11, subdivision 3b, is amended to read:
99.19       Subd. 3b. Certification Declaration. All If the commissioner disputes an invoice 
99.20   in writing, the wireless and wire-line telecommunications service providers shall submit 
99.21   a self-certification form declaration under section 16A.41 signed by an officer of the 
99.22   company to the commissioner with the invoices for payment of an initial or changed 
99.23   service described in the service provider's 911 contract. The self-certification shall sworn 
99.24   declaration must specifically describe and affirm that the 911 service contracted for is being 
99.25   provided and the costs invoiced for the service are true and correct. All certifications are 
99.26   subject to verification and audit. When a wireless or wire-line telecommunications service 
99.27   provider fails to provide a sworn declaration within 90 days of notice by the commissioner 
99.28   that the invoice is disputed, the disputed amount of the invoice must be disallowed.
99.29   EFFECTIVE DATE.This section is effective July 1, 2006. 

99.30       Sec. 10. Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to read:
99.31       Subd. 3c. Audit. If the commissioner determines that an audit is necessary to 
99.32   document the certification described invoice and sworn declaration in subdivision 3b, 
100.1   the wireless or wire-line telecommunications service provider must contract with an 
100.2   independent certified public accountant to conduct the audit. The audit must be conducted 
100.3   according to generally accepted accounting principles. The wireless or wire-line 
100.4   telecommunications service provider is responsible for any costs associated with the audit.
100.5   EFFECTIVE DATE.This section is effective July 1, 2006. 

100.6       Sec. 11. Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is 
100.7   amended to read:
100.8       Subdivision 1. Fee. (a) Each customer receiving service from a wireless or 
100.9   wire-line switched or packet-based telecommunications service provider connected to the 
100.10  public telephone network that furnishes service capable of originating a 911 emergency 
100.11  telephone call is assessed a fee A portion of the fee collected under section 403.11 must be 
100.12  used to fund implementation, operation, maintenance, enhancement, and expansion of 
100.13  enhanced 911 service, including acquisition of necessary equipment and the costs of the 
100.14  commissioner to administer the program. The actual fee assessed under section 403.11 
100.15  and the enhanced 911 service fee must be collected as one amount and may not exceed the 
100.16  amount specified in section 403.11, subdivision 1, paragraph (c).
100.17  (b) The enhanced 911 service fee must be collected and deposited in the same 
100.18  manner as the fee in section 403.11 and used solely for the purposes of paragraph (a) 
100.19  and subdivision 3.
100.20  (c) The commissioner, in consultation with counties and 911 system users, shall 
100.21  determine the amount of the enhanced 911 service fee. The commissioner shall inform 
100.22  wireless and wire-line telecommunications service providers that provide service capable 
100.23  of originating a 911 emergency telephone call of the total amount of the 911 service fees 
100.24  in the same manner as provided in section 403.11.
100.25  EFFECTIVE DATE.This section is effective July 1, 2006. 

100.26      Sec. 12. Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to read:
100.27      Subd. 3. Local expenditures. (a) Money distributed under subdivision 2 for 
100.28  enhanced 911 service may be spent on enhanced 911 system costs for the purposes 
100.29  stated in subdivision 1, paragraph (a). In addition, money may be spent to lease, 
100.30  purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone 
100.31  equipment; recording equipment; computer hardware; computer software for database 
100.32  provisioning, addressing, mapping, and any other software necessary for automatic 
100.33  location identification or local location identification; trunk lines; selective routing 
101.1   equipment; the master street address guide; dispatcher public safety answering point 
101.2   equipment proficiency and operational skills; pay for long-distance charges incurred due 
101.3   to transferring 911 calls to other jurisdictions; and the equipment necessary within the 
101.4   public safety answering point for community alert systems and to notify and communicate 
101.5   with the emergency services requested by the 911 caller.
101.6   (b) Money distributed for enhanced 911 service may not be spent on:
101.7   (1) purchasing or leasing of real estate or cosmetic additions to or remodeling of 
101.8   communications centers;
101.9   (2) mobile communications vehicles, fire engines, ambulances, law enforcement 
101.10  vehicles, or other emergency vehicles;
101.11  (3) signs, posts, or other markers related to addressing or any costs associated with 
101.12  the installation or maintenance of signs, posts, or markers.
101.13  EFFECTIVE DATE.This section is effective July 1, 2006. 

101.14      Sec. 13. Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to read:
101.15      Subd. 2. Board. "Board" or "radio board" or "Metropolitan Radio Board" means the 
101.16  Metropolitan Statewide Radio Board or its successor regional radio board.
101.17  EFFECTIVE DATE.This section is effective July 1, 2006. 

101.18      Sec. 14. Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to read:
101.19      Subd. 7. Plan. "Plan" or "regionwide public safety radio system communication 
101.20  plan" means the a plan adopted by the Metropolitan Radio Board for a regionwide public 
101.21  safety radio communications system. a regional radio board.
101.22  EFFECTIVE DATE.This section is effective July 1, 2006. 

101.23      Sec. 15. Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is 
101.24  amended to read:
101.25      Subd. 8. Subsystems. "Subsystems" or "public safety radio subsystems" means 
101.26  systems identified in the plan or a plan developed under section 403.36 as subsystems 
101.27  interconnected by the system backbone and operated by the Metropolitan Radio Board, a 
101.28  regional radio board, or local government units for their own internal operations.
101.29  EFFECTIVE DATE.This section is effective July 1, 2006. 

101.30      Sec. 16. Minnesota Statutes 2004, section 403.21, subdivision 9, is amended to read:
102.1       Subd. 9. System backbone. "System backbone" or "backbone" means a public 
102.2   safety radio communication system that consists of a shared, trunked, communication, 
102.3   and interoperability infrastructure network, including, but not limited to, radio towers and 
102.4   associated structures and equipment, the elements of which are identified in the regionwide 
102.5   public safety radio communication system plan under section  403.23, subdivision 6, and 
102.6   the statewide radio communication plan under section  403.36. 

102.7       Sec. 17. Minnesota Statutes 2004, section 403.33, is amended to read:
102.8   403.33 LOCAL PLANNING.
102.9       Subdivision 1. County planning process. (a) No later than two years from May 
102.10  22, 1995, each metropolitan county shall undertake and complete a planning process 
102.11  for its public safety radio subsystem to ensure participation by representatives of local 
102.12  government units, quasi-public service organizations, and private entities eligible to use 
102.13  the regional public safety radio system and to ensure coordination and planning of the 
102.14  local subsystems. Local governments and other eligible users shall cooperate with the 
102.15  county in its preparation of the subsystem plan to ensure that local needs are met.
102.16  (b) The regional radio board for the metropolitan area shall encourage the 
102.17  establishment by each metropolitan county of local public safety radio subsystem 
102.18  committees composed of representatives of local governments and other eligible users 
102.19  for the purposes of:
102.20  (1) establishing a plan for coordinated and timely use of the regionwide public safety 
102.21  radio system by the local governments and other eligible users within each metropolitan 
102.22  county; and
102.23  (2) assisting and advising the regional radio board for the metropolitan area in its 
102.24  implementation of the regional public safety radio plan by identification of local service 
102.25  needs and objectives.
102.26  (c) The regional radio board for the metropolitan area shall also encourage the 
102.27  establishment of joint or multicounty planning for the regionwide public safety radio 
102.28  system and subsystems.
102.29  (d) The regional radio board for the metropolitan area may provide local boards with 
102.30  whatever assistance it deems necessary and appropriate.
102.31  (e) No metropolitan county or city of the first class shall be required to undertake a 
102.32  technical subsystem design to meet the planning process requirements of this subdivision 
102.33  or subdivision 2.
103.1       Subd. 2. Cities of first class; planning process. Each city of the first class in the 
103.2   metropolitan counties shall have the option to participate in the county public safety radio 
103.3   subsystem planning process or develop its own plan.
103.4       Subd. 3. Submission of plans to board. Each metropolitan county and each city 
103.5   of the first class in the metropolitan area which has chosen to develop its own plan shall 
103.6   submit the plan to the regional radio board for the metropolitan area for the board's review 
103.7   and approval.
103.8       Subd. 4. Local government joinder. Local government units, except for cities of 
103.9   the first class, quasi-public service organizations, and private entities eligible to use the 
103.10  regional public safety radio system cannot join the system until its county plan has been 
103.11  approved by the regional radio board for the metropolitan area.
103.12  EFFECTIVE DATE.This section is effective July 1, 2006. 

103.13      Sec. 18. Minnesota Statutes 2004, section 403.34, is amended to read:
103.14  403.34 OPTIONAL LOCAL USE OF REGIONAL STATEWIDE SYSTEM.
103.15      Subdivision 1. Options. Use of the regional statewide public safety radio system 
103.16  by local governments, quasi-public service organizations, and private entities eligible to 
103.17  use the system shall be optional and no local government or other eligible user of the 
103.18  system shall be required to abandon or modify current public safety radio communication 
103.19  systems or purchase new equipment until the local government or other eligible user 
103.20  elects to join the system. Public safety radio communication service to local governments 
103.21  and other eligible users who do not initially join the system shall not be interrupted. No 
103.22  local government or other eligible users who do not join the system shall be charged a 
103.23  user fee for the use of the system.
103.24      Subd. 2. Requirements to join. Local governments and other entities eligible to 
103.25  join the regional statewide  public safety radio system which elect to join the system must 
103.26  do so in accordance with and meet the requirements of the provisions of the plan adopted 
103.27  by the radio board as provided in section  403.23, subdivision 2 403.36. 
103.28  EFFECTIVE DATE.This section is effective July 1, 2006. 

103.29      Sec. 19. Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is 
103.30  amended to read:
103.31      Subdivision 1. Membership. (a) The commissioner of public safety shall convene 
103.32  and chair the Statewide Radio Board to develop a project plan for a statewide, shared, 
104.1   trunked public safety radio communication system. The system may be referred to as 
104.2   "Allied Radio Matrix for Emergency Response," or "ARMER."
104.3   (b) The board consists of the following members or their designees:
104.4   (1) the commissioner of public safety;
104.5   (2) the commissioner of transportation;
104.6   (3) the state chief information officer;
104.7   (4) the commissioner of natural resources;
104.8   (5) the chief of the Minnesota State Patrol;
104.9   (6) the commissioner of health;
104.10  (7) (6) the commissioner of finance;
104.11  (7) the chair of the Metropolitan Council;
104.12  (8) two elected city officials, one from the nine-county metropolitan area and one 
104.13  from Greater Minnesota, appointed by the governing body of the League of Minnesota 
104.14  Cities;
104.15  (9) two elected county officials, one from the nine-county metropolitan area and 
104.16  one from Greater Minnesota, appointed by the governing body of the Association of 
104.17  Minnesota Counties;
104.18  (10) two sheriffs, one from the nine-county metropolitan area and one from Greater 
104.19  Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
104.20  (11) two chiefs of police, one from the nine-county metropolitan area and one from 
104.21  Greater Minnesota, appointed by the governor after considering recommendations made 
104.22  by the Minnesota Chiefs' of Police Association;
104.23  (12) two fire chiefs, one from the nine-county metropolitan area and one from 
104.24  Greater Minnesota, appointed by the governor after considering recommendations made 
104.25  by the Minnesota Fire Chiefs' Association;
104.26  (13) two representatives of emergency medical service providers, one from the 
104.27  nine-county metropolitan area and one from Greater Minnesota, appointed by the governor 
104.28  after considering recommendations made by the Minnesota Ambulance Association;
104.29  (14) the chair of the Metropolitan regional  radio board for the metropolitan area; and
104.30  (15) a representative of Greater Minnesota elected by those units of government in 
104.31  phase three and any subsequent phase of development as defined in the statewide, shared 
104.32  radio and communication plan, who have submitted a plan to the Statewide Radio Board 
104.33  and where development has been initiated.
104.34  (c) The Statewide Radio Board shall coordinate the appointment of board members 
104.35  representing Greater Minnesota with the appointing authorities and may designate the 
105.1   geographic region or regions from which an appointed board member is selected where 
105.2   necessary to provide representation from throughout the state.
105.3   EFFECTIVE DATE.This section is effective July 1, 2006. 

105.4       Sec. 20. Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to read:
105.5       Subd. 1f. Advisory groups. (a) The Statewide Radio Board shall establish one or 
105.6   more advisory groups for the purpose of advising on the plan, design, implementation, and 
105.7   administration of the statewide, shared trunked radio and communication system.
105.8   (b) At least one such group must consist of the following members:
105.9   (1) the chair of the Metropolitan Radio Board and the chair of each regional radio 
105.10  board or, if no regional radio board has been formed, a representative of each region of 
105.11  development as defined in the statewide, shared, trunked radio and communication plan, 
105.12  once planning and development have been initiated for the region, or a designee;
105.13  (2) the chief of the Minnesota State Patrol or a designee;
105.14  (3) a representative of the Minnesota State Sheriffs' Association;
105.15  (4) a representative of the Minnesota Chiefs of Police Association;
105.16  (5) a representative of the Minnesota Fire Chiefs' Association; and
105.17  (6) a representative of the Emergency Medical Services Board.

105.18      Sec. 21.  REPEALER.
105.19  Minnesota Statutes 2004, sections 403.08, subdivision 8; 403.22; 403.23; 403.24; 
105.20  403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3; 403.30, subdivisions 2 and 4; 
105.21  and 403.35  are repealed.
105.22  EFFECTIVE DATE.This section is effective July 1, 2006. 

105.23                                         ARTICLE 7
105.24                        FRAUDULENT OR IMPROPER FINANCING STATEMENTS

105.25      Section 1. Minnesota Statutes 2004, section 358.41, is amended to read:
105.26  358.41 DEFINITIONS.
105.27  As used in sections  358.41 to  358.49: 
105.28  (1) "Notarial act" means any act that a notary public of this state is authorized to 
105.29  perform, and includes taking an acknowledgment, administering an oath or affirmation, 
105.30  taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 
105.31  or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 
105.32  perform a notarial act by electronic means.
106.1   (2) "Acknowledgment" means a declaration by a person that the person has executed 
106.2   an instrument or electronic record  for the purposes stated therein and, if the instrument 
106.3   or electronic record is executed in a representative capacity, that the person signed 
106.4   the instrument with proper authority and executed it as the act of the person or entity 
106.5   represented and identified therein.
106.6   (3) "Verification upon oath or affirmation" means a declaration that a statement is 
106.7   true made by a person upon oath or affirmation.
106.8   (4) "In a representative capacity" means:
106.9   (i) for and on behalf of a corporation, partnership, trust, or other entity, as an 
106.10  authorized officer, agent, partner, trustee, or other representative;
106.11  (ii) as a public officer, personal representative, guardian, or other representative, 
106.12  in the capacity recited in the instrument;
106.13  (iii) as an attorney in fact for a principal; or
106.14  (iv) in any other capacity as an authorized representative of another.
106.15  (5) "Notarial officer" means a notary public or other officer authorized to perform 
106.16  notarial acts.
106.17  (6) "Electronic signature" means an electronic sound, symbol, or process attached 
106.18  to or logically associated with a record and executed or adopted by a person with the 
106.19  intent to sign the record.
106.20  (7) "Electronic record" means a record created, generated, sent, communicated, 
106.21  received, or stored by electronic means.
106.22  EFFECTIVE DATE.This section is effective July 1, 2006.

106.23      Sec. 2. Minnesota Statutes 2004, section 358.42, is amended to read:
106.24  358.42 NOTARIAL ACTS.
106.25  (a) In taking an acknowledgment, the notarial officer must determine, either from 
106.26  personal knowledge or from satisfactory evidence, that the person appearing before the 
106.27  officer and making the acknowledgment is the person whose true signature is on the 
106.28  instrument or electronic record.
106.29  (b) In taking a verification upon oath or affirmation, the notarial officer must 
106.30  determine, either from personal knowledge or from satisfactory evidence, that the person 
106.31  appearing before the officer and making the verification is the person whose true signature 
106.32  is on the statement verified.
107.1   (c) In witnessing or attesting a signature the notarial officer must determine, either 
107.2   from personal knowledge or from satisfactory evidence, that the signature is that of the 
107.3   person appearing before the officer and named therein.
107.4   (d) In certifying or attesting a copy of a document, electronic record, or other item, 
107.5   the notarial officer must determine that the proffered copy is a full, true, and accurate 
107.6   transcription or reproduction of that which was copied.
107.7   (e) In making or noting a protest of a negotiable instrument or electronic record the 
107.8   notarial officer must determine the matters set forth in section  336.3-505. 
107.9   (f) A notarial officer has satisfactory evidence that a person is the person whose true 
107.10  signature is on a document or electronic record if that person (i) is personally known to 
107.11  the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 
107.12  personally known to the notarial officer, or (iii) is identified on the basis of identification 
107.13  documents.
107.14  EFFECTIVE DATE.This section is effective July 1, 2006.

107.15      Sec. 3. Minnesota Statutes 2004, section 358.47, is amended to read:
107.16  358.47 CERTIFICATE OF NOTARIAL ACTS.
107.17  (a) A notarial act must be evidenced by a certificate physically or electronically 
107.18  signed and dated by a notarial officer in a manner that attributes such signature to the 
107.19  notary public identified on the commission. The certificate must include identification 
107.20  of the jurisdiction in which the notarial act is performed and the title of the office of 
107.21  the notarial officer and may include the official stamp or seal of office, or the notary's 
107.22  electronic seal. If the officer is a notary public, the certificate must also indicate the date 
107.23  of expiration, if any, of the commission of office, but omission of that information may 
107.24  subsequently be corrected. If the officer is a commissioned officer on active duty in the 
107.25  military service of the United States, it must also include the officer's rank.
107.26  (b) A certificate of a notarial act is sufficient if it meets the requirements of 
107.27  subsection (a) and it:
107.28  (1) is in the short form set forth in section  358.48; 
107.29  (2) is in a form otherwise prescribed by the law of this state;
107.30  (3) is in a form prescribed by the laws or regulations applicable in the place in 
107.31  which the notarial act was performed; or
107.32  (4) sets forth the actions of the notarial officer and those are sufficient to meet the 
107.33  requirements of the designated notarial act.
108.1   (c) By executing a certificate of a notarial act, the notarial officer certifies that the 
108.2   officer has made the determinations required by section  358.42. 
108.3   EFFECTIVE DATE.This section is effective July 1, 2006.

108.4       Sec. 4. Minnesota Statutes 2004, section 358.50, is amended to read:
108.5   358.50 EFFECT OF ACKNOWLEDGMENT.
108.6   An acknowledgment made in a representative capacity for and on behalf of a 
108.7   corporation, partnership, trust, or other entity and certified substantially in the form 
108.8   prescribed in this chapter is prima facie evidence that the instrument or electronic record 
108.9   was executed and delivered with proper authority.
108.10  EFFECTIVE DATE.This section is effective July 1, 2006.

108.11      Sec. 5. Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision 
108.12  to read:
108.13      Subd. 5. Registration to perform electronic notarizations.  Before performing 
108.14  electronic notarial acts, a notary public shall register the capability to notarize 
108.15  electronically with the secretary of state. Before performing electronic notarial acts after 
108.16  recommissioning, a notary public shall reregister with the secretary of state.
108.17  EFFECTIVE DATE.This section is effective July 1, 2006.

108.18      Sec. 6. Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to read:
108.19      Subd. 3. Specifications. The seal of every notary public may be affixed by a stamp 
108.20  that will print a seal which legibly reproduces under photographic methods the seal of 
108.21  the state of Minnesota, the name of the notary, the words "Notary Public," and the words 
108.22  "My commission expires ...............," with the expiration date shown thereon or may be 
108.23  an electronic form. The A physical seal used to authenticate a paper document shall be 
108.24  a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches 
108.25  horizontally, with a serrated or milled edge border, and shall contain the information 
108.26  required by this subdivision.
108.27  EFFECTIVE DATE.This section is effective July 1, 2006.

108.28      Sec. 7. Minnesota Statutes 2004, section 359.03, is amended by adding a subdivision 
108.29  to read:
109.1       Subd. 4. Electronic seal. A notary's electronic seal shall contain the notary's name, 
109.2   jurisdiction, and commission expiration date, and shall be logically and securely affixed to 
109.3   or associated with the electronic record being notarized.
109.4   EFFECTIVE DATE.This section is effective July 1, 2006.

109.5       Sec. 8. Minnesota Statutes 2004, section 359.04, is amended to read:
109.6   359.04 POWERS.
109.7   Every notary public so appointed, commissioned, and qualified shall have power 
109.8   throughout this state to administer all oaths required or authorized to be administered in 
109.9   this state; to take and certify all depositions to be used in any of the courts of this state; 
109.10  to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, 
109.11  and other instruments in writing or electronic records; and to receive, make out, and 
109.12  record notarial protests.
109.13  EFFECTIVE DATE.This section is effective July 1, 2006.

109.14      Sec. 9. Minnesota Statutes 2004, section 359.05, is amended to read:
109.15  359.05 DATE OF EXPIRATION OF COMMISSION AND NAME TO BE 
109.16  ENDORSED.
109.17  Every notary public, except in cases provided in section  359.03, subdivision 3, 
109.18  taking an acknowledgment of an instrument, taking a deposition, administering an oath, or 
109.19  making a notarial protest, shall, immediately following the notary's physical or electronic 
109.20  signature to the jurat or certificate of acknowledgment, endorse the date of the expiration 
109.21  of the commission; such endorsement may be legibly written, stamped, or printed upon 
109.22  the instrument, but must be disconnected from the seal, and shall be substantially in the 
109.23  following form: "My commission expires ............, ....." Except in cases provided in section  
109.24  359.03, subdivision 3, every notary public, in addition to signing the jurat or certificate of 
109.25  acknowledgment, shall, immediately following the signature and immediately preceding 
109.26  the official description, endorse thereon the notary's name with a typewriter or, print the 
109.27  same legibly with a stamp or, with pen and ink, or affix by electronic means; provided 
109.28  that the failure so to endorse or print the name shall not invalidate any jurat or certificate 
109.29  of acknowledgment. 
109.30  EFFECTIVE DATE.This section is effective July 1, 2006.

110.1       Sec. 10. Minnesota Statutes 2004, section 359.085, is amended to read:
110.2   359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS.
110.3       Subdivision 1. Acknowledgments. In taking an acknowledgment, the notarial 
110.4   officer must determine, either from personal knowledge or from satisfactory evidence, 
110.5   that the person appearing before the officer and making the acknowledgment is the person 
110.6   whose true signature is on the instrument or electronic record.
110.7       Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial 
110.8   officer must determine, either from personal knowledge or from satisfactory evidence, that 
110.9   the person appearing before the officer and making the verification is the person whose 
110.10  true signature is on the statement verified.
110.11      Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, 
110.12  the notarial officer must determine, either from personal knowledge or from satisfactory 
110.13  evidence, that the signature is that of the person appearing before the officer and named in 
110.14  the document or electronic record.
110.15      Subd. 4. Certifying or attesting documents. In certifying or attesting a copy of a 
110.16  document, electronic record, or other item, the notarial officer must determine that the 
110.17  proffered copy is a full, true, and accurate transcription or reproduction of that which 
110.18  was copied.
110.19      Subd. 5. Making or noting protests of negotiable instruments. In making or 
110.20  noting a protest of a negotiable instrument or electronic record, the notarial officer must 
110.21  determine the matters set forth in section  336.3-505. 
110.22      Subd. 6. Satisfactory evidence. A notarial officer has satisfactory evidence that 
110.23  a person is the person whose true signature is on a document or electronic record if that 
110.24  person (i) is personally known to the notarial officer, (ii) is identified upon the oath 
110.25  or affirmation of a credible witness personally known to the notarial officer, or (iii) is 
110.26  identified on the basis of identification documents.
110.27      Subd. 7. Prohibited acts. A notarial officer may not acknowledge, witness or attest 
110.28  to the officer's own signature, or take a verification of the officer's own oath or affirmation.
110.29      Subd. 8. Failure to appear before notary. A notarial officer may not notarize the 
110.30  physical or electronic signature of any signer who is not in the presence of the notary at 
110.31  the time of notarization.
110.32  EFFECTIVE DATE.This section is effective July 1, 2006.

110.33      Sec. 11. [545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE 
110.34  EFFECTIVENESS OF FINANCING STATEMENTS.
111.1       Subdivision 1.  Definitions. (a) As used in this section, a financing statement or 
111.2   other record is fraudulent or otherwise improper if it is filed without the authorization of 
111.3   the obligor, person named as debtor, or owner of collateral described or indicated in 
111.4   the financing statement or other record, or by consent of an agent, fiduciary, or other 
111.5   representative of that person, or without the consent of the secured party of record in 
111.6   the case of an amendment or termination.
111.7   (b) As used in this section, filing office or filing officer refers to the office or officer 
111.8   where a financing statement or other record is appropriately filed or recorded as provided 
111.9   by law, including, but not limited to, the county recorder, the secretary of state, and other 
111.10  related filing officers.
111.11      Subd. 2.  Motion. An obligor, person named as a debtor, or owner of collateral 
111.12  described or indicated in a financing statement or other record filed under sections 
111.13  336.9-101 to 336.9-709 (Uniform Commercial Code - Secured Transactions), who 
111.14  has reason to believe that the financing statement or other record is fraudulent or 
111.15  otherwise improper may complete and file at any time a motion for judicial review of the 
111.16  effectiveness of the financing statement or other record. A secured party of record who 
111.17  believes that an amendment or termination of a financing statement or other record is 
111.18  fraudulent or otherwise improper may also file a motion. 
111.19      Subd. 3. Service and filing. (a) The motion under subdivision 2 must be mailed 
111.20  by certified United States mail to the person who is indicated as the secured party on 
111.21  the allegedly fraudulent or improper record at the address listed on the record or, in the 
111.22  case of a filing by the secured party of record, to the address of the person who filed 
111.23  the amendment or termination in question, as listed on the record. The motion must be 
111.24  accompanied by a copy of the record in question, an affidavit of mailing, the form for 
111.25  responding to the motion under subdivision 6, and a copy of the text of this section.
111.26  (b) On the day the motion is mailed, a copy of the materials must be filed with the 
111.27  district court of the county in which the financing statement or other record has been filed 
111.28  or in the county of residence of the moving party.  The motion must be supported by 
111.29  the affidavit of the moving party or the moving party's attorney setting forth a concise 
111.30  statement of the facts upon which the claim for relief is based. There is no filing fee for a 
111.31  motion or a response filed under this section. 
111.32      Subd. 4. Motion form.  The motion must be in substantially the following form:
111.33   In Re:  A Purported  Financing Statement in the district court of                     ............. County, 
111.34  Minnesota,  Against  [Name of person who filed the financing statement] 
111.35  MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED 
111.36  UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS 
112.1    .................................... (name of moving party) files this motion requesting a judicial 
112.2   determination of the effectiveness of a financing statement or other record filed under the 
112.3   Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
112.4   office and location) and in support of the motion provides as follows:
112.5   I.
112.6    ................. (name), the moving party, is the [obligor, person named as a debtor, or 
112.7   owner of collateral described or indicated in] [secured party of record listed in] a financing 
112.8   statement or other record filed under the Uniform Commercial Code.
112.9   II.
112.10   On ............. (date), in the exercise of the filing officer's official duties as .................. 
112.11  (filing officer's position), the filing officer received and filed or recorded the financing 
112.12  statement or other record, a copy which is attached, that purports to [perfect a security 
112.13  interest against the obligor, person named as debtor, or the owner of collateral described or 
112.14  indicated in the financing statement or other record] or [amend or terminate the financing 
112.15  statement in which the moving party is listed as the secured party of record].
112.16  III.
112.17  The moving party alleges that the financing statement or other record is fraudulent 
112.18  or otherwise improper and that this court should declare the financing statement or other 
112.19  record ineffective.
112.20  IV.
112.21  The moving party attests that the assertions in this motion are true and correct.
112.22  V.
112.23  The moving party does not request the court to make a finding as to any underlying 
112.24  claim of the parties involved and acknowledges that this motion does not seek review of 
112.25  an effective financing statement.  The moving party further acknowledges that the moving 
112.26  party may be subject to sanctions if this motion is determined to be frivolous.  The moving 
112.27  party may be contacted by the respondent at:
112.28  Mailing Address: (required) 
112.29  Telephone Number:
112.30  Facsimile Number: (either facsimile or e-mail contact is required) 
112.31  E-Mail Address: (either facsimile or e-mail contact is required) 
112.32  REQUEST FOR RELIEF
112.33  The moving party requests the court to review the attached documentation and enter 
112.34  an order finding that the financing statement or other record is ineffective together with 
112.35  other findings as the court deems appropriate.
112.36  Respectfully submitted, .......................... (Signature and typed name and address).
113.1       Subd. 5. Motion acknowledgment form. The form for the certificate of 
113.2   acknowledgment must be substantially as follows:
113.3   AFFIDAVIT 
113.4   THE STATE OF MINNESOTA    COUNTY OF .......
113.5   BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
113.6   me duly sworn, deposed as follows:
113.7   "My name is ...............  I am over 18 years of age, of sound mind, with personal 
113.8   knowledge of the following facts, and fully competent to testify.
113.9   I attest that the assertions contained in the accompanying motion are true and 
113.10  correct." 
113.11  SUBSCRIBED and SWORN TO before me, this ..... day of ..................
113.12  NOTARY PUBLIC, State of [state name] 
113.13  Notary's printed name:  .........................
113.14  My commission expires:  .........................
113.15  The motion must be supported by the affidavit of the moving party or the moving 
113.16  party's attorney setting forth a concise statement of the facts upon which the claim for 
113.17  relief is based.
113.18      Subd. 6. Motion affidavit of mailing form. The moving party shall complete an 
113.19  affidavit of mailing the motion to the court and to the respondent in substantially the 
113.20  following form:
113.21  State of Minnesota  
113.22  County of .......... 
113.23  ............................, the moving party, being duly sworn, on oath, deposes and says 
113.24  that on the ..... day of .........., ......., the moving party mailed the motion to the court and 
113.25  the respondent by placing a true and correct copy of the motion in an envelope addressed 
113.26  to them as shown by certified United States mail at ............................, Minnesota.
113.27  Subscribed and sworn to before me this ..... day of ...................., .......
113.28      Subd. 7. Response form. The person listed as [the secured party in] [filing] the 
113.29  record for which the moving party has requested review may respond to the motion and 
113.30  accompanying materials to request an actual hearing within 20 days from the mailing by 
113.31  certified United States mail by the moving party. The form for use by the person listed as 
113.32  [the secured party in] [filing] the record in question to respond to the motion for judicial 
113.33  review must be in substantially the following form:
113.34  In Re:  A Purported  Financing Statement in the district court                              of ............. County, 
113.35  Minnesota,  Against  [Name of person who filed the financing statement] 
114.1   RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING 
114.2   STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE 
114.3   - SECURED TRANSACTIONS 
114.4    ............................ (name) files this response to a motion requesting a judicial 
114.5   determination of the effectiveness of a financing statement or other record filed under the 
114.6   Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
114.7   office and location) and in support of the motion provides as follows:
114.8   I.
114.9    ................. (name), the respondent, is the person listed as [the secured party in] 
114.10  [filing] the record for which review has been requested by the moving party.
114.11  II.
114.12  On ............. (date), in the exercise of the filing officer's official duties as .................. 
114.13  (filing officer's position), the filing officer received and filed or recorded the financing 
114.14  statement or other record, a copy which is attached, that purports to [perfect a security 
114.15  interest against] [amend or terminate a record filed by] the moving party.
114.16  III.
114.17  Respondent states that the financing statement or other record is not fraudulent 
114.18  or otherwise improper and that this court should not declare the financing statement or 
114.19  other record ineffective.
114.20  IV.
114.21  Respondent attests that assertions in this response are true and correct.
114.22  V.
114.23  Respondent does not request the court to make a finding as to any underlying claim 
114.24  of the parties involved.  Respondent further acknowledges that respondent may be subject 
114.25  to sanctions if this response is determined to be frivolous.
114.26  REQUEST FOR RELIEF
114.27  Respondent requests the court to review the attached documentation, to set a hearing 
114.28  for no later than five days after the date of this response or as soon after that as the court 
114.29  shall order and to enter an order finding that the financing statement or other record is 
114.30  not ineffective together with other findings as the court deems appropriate. Respondent 
114.31  may be contacted at:
114.32  Mailing Address: (required) 
114.33  Telephone Number:
114.34  Facsimile Number: (either facsimile or e-mail contact is required) 
114.35  E-Mail Address: (either facsimile or e-mail contact is required) 
114.36  Respectfully submitted, .........................
115.1   (Signature and typed name and address).
115.2       Subd. 8. Response acknowledgment form. The form for the certificate of 
115.3   acknowledgment must be substantially as follows:
115.4   AFFIDAVIT 
115.5   THE STATE OF MINNESOTA    COUNTY OF .......
115.6   BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
115.7   me duly sworn, deposed as follows:
115.8   "My name is ...............  I am over 18 years of age, of sound mind, with personal 
115.9   knowledge of the following facts, and fully competent to testify.
115.10  I attest that the assertions contained in the accompanying motion are true and 
115.11  correct." 
115.12  SUBSCRIBED and SWORN TO before me, this ..... day of ..................
115.13  NOTARY PUBLIC, State of [state name] 
115.14  Notary's printed name:  .........................
115.15  My commission expires:  .........................
115.16      Subd. 9. Response affidavit of mailing form. Respondent shall submit the 
115.17  response by United States mail to both the court and the moving party, and also by either 
115.18  e-mail or facsimile as provided by the moving party. The respondent shall complete an 
115.19  affidavit of mailing the response to the court and to the moving party in substantially 
115.20  the following form:
115.21  State of Minnesota
115.22  County of .......... 
115.23   ............................, being the responding party, being duly sworn, on oath, deposes 
115.24  and says that on the ..... day of .........., ......., respondent mailed the response to court 
115.25  and the moving party by placing a true and correct copy of the response in an envelope 
115.26  addressed to them as shown depositing the same with postage prepaid, in the U.S. Mail 
115.27  at ............................, Minnesota.
115.28  Subscribed and sworn to before me this ..... day of ...................., .......
115.29      Subd. 10. Hearing. (a) If a hearing is timely requested, the court shall hold that 
115.30  hearing within five days after the mailing of the response by the respondent or as soon 
115.31  after that as ordered by the court.  After the hearing, the court shall enter appropriate 
115.32  findings of fact and conclusions of law regarding the financing statement or other record 
115.33  filed under the Uniform Commercial Code. 
115.34  (b) If a hearing request under subdivision 7 is not received by the court by the 
115.35  20th day following the mailing of the original motion, the court's finding may be made 
116.1   solely on a review of the documentation attached to the motion and without hearing any 
116.2   testimonial evidence.  After that review, which must be conducted no later than five days 
116.3   after the 20-day period has expired, the court shall enter appropriate findings of fact and 
116.4   conclusions of law as provided in subdivision 11 regarding the financing statement or 
116.5   other record filed under the Uniform Commercial Code. 
116.6   (c) A copy of the findings of fact and conclusions of law must be sent to the moving 
116.7   party, the respondent, and the person who filed the financing statement or other record at 
116.8   the address listed in the motion or response of each person within seven days of the date 
116.9   that the findings of fact and conclusions of law are issued by the court.
116.10  (d) In all cases, the moving party shall file or record an attested copy of the findings 
116.11  of fact and conclusions of law in the filing office in the appropriate class of records in 
116.12  which the original financing statement or other record was filed or recorded.  The filing 
116.13  officer shall not collect a filing fee for filing a court's finding of fact and conclusion of 
116.14  law as provided in this section except as specifically directed by the court in its findings 
116.15  and conclusions.  
116.16      Subd. 11. Order form; no hearing. The findings of fact and conclusion of law 
116.17  for an expedited review where no hearing has been requested must be in substantially 
116.18  the following form:
116.19  MISCELLANEOUS DOCKET No.  ...........
116.20  In Re:  A purported  Financing Statement in the district court of ........... ................ 
116.21  County,                           Minnesota, Against  [Name of person who filed financing statement] 
116.22  Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or 
116.23  Other Record Filed Under the Uniform Commercial Code - Secured Transactions 
116.24  On the (number) day of (month), (year), in the above entitled and numbered cause, 
116.25  this court reviewed a motion, verified by affidavit, of (name) and the documentation 
116.26  attached.  The respondent did not respond within the required 20-day period.  No testimony 
116.27  was taken from any party, nor was there any notice of the court's review, the court 
116.28  having made the determination that a decision could be made solely on review of the 
116.29  documentation as provided in Minnesota Statutes, section 545.05.
116.30  The court finds as follows (only an item or subitem checked and initialed is a valid 
116.31  court ruling):
116.32  [..] The documentation attached to the motion IS filed or recorded with the 
116.33  authorization of the obligor, person named as debtor, or owner of collateral described or 
116.34  indicated in the financing statement or other record, or by consent of an agent, fiduciary, or 
116.35  other representative of that person, or with the authorization of the secured party of record 
116.36  in the case of an amendment or termination.
117.1   [..] The documentation attached to the motion IS NOT filed or recorded with the 
117.2   authorization of the obligor, person named as debtor, or owner of collateral described or 
117.3   indicated in the documentation, or by consent of an agent, fiduciary, or other representative 
117.4   of that person, or with the authorization of the secured party of record in the case of an 
117.5   amendment or termination and, IS NOT an effective financing statement or other record 
117.6   under the Uniform Commercial Code - Secured Transactions law of this state.
117.7   [..] This court makes no finding as to any underlying claims of the parties involved 
117.8   and expressly limits its findings of fact and conclusions of law to the review of a 
117.9   ministerial act. The filing officer shall remove the subject financing statement or other 
117.10  record so that the record is not reflected in or obtained as a result of any search, standard 
117.11  or otherwise, conducted of those records, but shall retain them and these findings of fact 
117.12  and conclusions of law in the filing office for the duration of the period for which they 
117.13  would have otherwise been filed.
117.14  SIGNED ON THIS THE ...... DAY of .......
117.15  ............. District Judge 
117.16  ............. District 
117.17  ............. County, Minnesota 
117.18      Subd. 12. Hearing determination. If a determination is made after a hearing, the 
117.19  court may award the prevailing party all costs related to the entire review, including, but 
117.20  not limited to, filing fees, attorney fees, administrative costs, and other costs. 
117.21      Subd. 13. Subsequent motion. If the moving party files a subsequent motion under 
117.22  this section against a person filing a financing statement or other record that is reviewed 
117.23  under this section and found to be filed or recorded with the authorization of the obligor, 
117.24  person named as debtor, or owner of collateral described or indicated in the financing 
117.25  statement or other record, or by consent of an agent, fiduciary, or other representative of 
117.26  that person, or with the authorization of the secured party of record in the case of an 
117.27  amendment or termination, the court may, in addition to assessing costs, order other 
117.28  equitable relief against the moving party or enter other sanctions against the moving party.
117.29      Subd. 14. Judicial officers. The chief judge of a district court may order that any 
117.30  or all proceedings under this section be conducted and heard by other judicial officers of 
117.31  that district court.
117.32  EFFECTIVE DATE.This section is effective July 1, 2006.

117.33      Sec. 12. [604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE 
117.34  IMPROPER FINANCING STATEMENTS.
118.1       Subdivision 1. Definitions. For purposes of this section:
118.2   (1) "financing statement" has the meaning given in section 336.9-102(a) of the 
118.3   Uniform Commercial Code; and 
118.4   (2) "filing officer" is defined as the Uniform Commercial Code filing officer in 
118.5   each jurisdiction.
118.6       Subd. 2. Liability. (a) A person shall not knowingly cause to be presented for filing 
118.7   or promote the filing of a financing statement that the person knows:
118.8   (1) is forged;
118.9   (2) is not:
118.10  (i) related to a valid lien or security agreement; or 
118.11  (ii) filed pursuant to section 336.9-502(d); and 
118.12  (3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or 
118.13  otherwise interfere with any person.
118.14  (b) A person who violates paragraph (a) is liable to each injured person for:
118.15  (1) the greater of:
118.16  (i) nominal damages up to $10,000; or 
118.17  (ii) the actual damages caused by the violation;
118.18  (2) court costs;
118.19  (3) reasonable attorney fees;
118.20  (4) related expenses of bringing the action, including investigative expenses; and 
118.21  (5) exemplary damages in the amount determined by the court.
118.22      Subd. 3. Cause of action. (a) The following persons may bring an action to enjoin 
118.23  violation of this section or to recover damages under this section:
118.24  (1) the obligor, the person named as the debtor, any person who owns an interest 
118.25  in the collateral described or indicated in the financing statement, or any person harmed 
118.26  by the filing of the financing statement;
118.27  (2) the attorney general;
118.28  (3) a county attorney;
118.29  (4) a city attorney; and 
118.30  (5) a person who has been damaged as a result of an action taken in reliance on the 
118.31  filed financing statement.
118.32  (b) A filing officer may refer a matter to the attorney general or other appropriate 
118.33  person for filing the legal actions under this section.
118.34      Subd. 4. Venue. An action under this section may be brought in any district court in 
118.35  the county in which the financing statement is presented for filing or in a county where 
118.36  any of the persons named in subdivision 3, paragraph (a), clause (1), reside.
119.1       Subd. 5. Filing fee. (a) The fee for filing an action under this chapter is $.......  The 
119.2   plaintiff must pay the fee to the clerk of the court in which the action is filed.  Except as 
119.3   provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or 
119.4   expense by the clerk of the court or other public official in connection with the action.
119.5   (b) The fee for service of notice of an action under this section charged to the 
119.6   plaintiff may not exceed:
119.7   (1) $....... if the notice is delivered in person; or 
119.8   (2) the cost of postage if the service is by registered or certified mail.
119.9   (c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file 
119.10  with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
119.11  (d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes 
119.12  for filing other similar actions and the plaintiff prevails in the action, the court may order a 
119.13  defendant to pay to the court the differences between the fee paid under paragraph (a) and 
119.14  the filing fee the court imposes for filing other similar actions.
119.15      Subd. 6. Other remedies. (a) An obligor, person named as a debtor,  owner of 
119.16  collateral, or any other person harmed by the filing of a financing statement in violation of 
119.17  subdivision 2, paragraph (a), also may request specific relief, including, but not limited 
119.18  to, terminating the financing statement and removing the debtor named in the financing 
119.19  statement from the index as provided in section 545.05, such that it will not appear in a 
119.20  search under that debtor name.
119.21  (b) This law is cumulative of other law under which a person may obtain judicial 
119.22  relief with respect to any filed or recorded document.
119.23  EFFECTIVE DATE.This section is effective July 1, 2006.

119.24      Sec. 13. [609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING 
119.25  STATEMENTS.
119.26      Subdivision 1. Definition. As used in this section, "record" has the meaning given 
119.27  in section 336.9-102.
119.28      Subd. 2. Crime described.  A person who: 
119.29  (1) knowingly causes to be presented for filing or promotes the filing of a record that:
119.30  (i) is not:
119.31  (A)  related to a valid lien or security agreement; or
119.32  (B) filed pursuant to section 336.9-502(d); or
119.33  (ii) contains a forged signature or is based upon a document containing a forged 
119.34  signature; or
120.1   (2) presents for filing or causes to be presented for filing a record with the intent that 
120.2   it be used to harass or defraud any other person;
120.3   is guilty of a crime and may be sentenced as provided in subdivision 3.
120.4       Subd. 3. Penalties. (a) Except as provided in paragraph (b), a person who violates 
120.5   subdivision 2 is guilty of a gross misdemeanor.
120.6   (b) A person who violates subdivision 2 is guilty of a felony and may be sentenced 
120.7   to imprisonment for not more than five years or to payment of a fine of not more than 
120.8   $10,000, or both, if the person: 
120.9   (1) commits the offense with intent to influence or otherwise tamper with a juror or a 
120.10  judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 
120.11  609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 
120.12  performance of official duties in connection with a judicial proceeding; or
120.13  (2) commits the offense after having been previously convicted of a violation 
120.14  of this section.
120.15      Subd. 4. Venue. A violation of this section may be prosecuted in either the county 
120.16  of residence of the individual listed as debtor or the county in which the filing is made.
120.17  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
120.18  committed on or after that date.

120.19                                         ARTICLE 8
120.20                                      COMPUTER CRIMES

120.21      Section 1. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
120.22      Subdivision 1. Applicability. For purposes of sections  609.87 to  609.89, 609.891 
120.23  and section 609.891  609.8912 to 609.8913, the terms defined in this section have the 
120.24  meanings given them. 
120.25  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
120.26  committed on or after that date.

120.27      Sec. 2. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
120.28      Subd. 11. Computer security system. "Computer security system" means a 
120.29  software program or computer device that:
120.30  (1) is intended to protect the confidentiality and secrecy of data and information 
120.31  stored in or accessible through the computer system; and
121.1   (2) displays a conspicuous warning to a user that the user is entering a secure system 
121.2   or requires a person seeking access to knowingly respond by use of an authorized code to 
121.3   the program or device in order to gain access.
121.4   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
121.5   committed on or after that date.

121.6       Sec. 3. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
121.7   to read:
121.8       Subd. 13. Encryption. "Encryption" means any protective or disruptive measure, 
121.9   including but not limited to, cryptography, enciphering, or encoding that:
121.10  (1) causes or makes any data, information, image, program, signal, or sound 
121.11  unintelligible or unusable; or
121.12  (2) prevents, impedes, delays, or disrupts access to any data, information, image, 
121.13  program, signal, or sound.
121.14  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
121.15  committed on or after that date.

121.16      Sec. 4. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
121.17  to read:
121.18      Subd. 14. Personal data. "Personal data" means any computer property or 
121.19  computer program which contains records of the employment, salary, credit, or other 
121.20  financial or personal information relating to another person.
121.21  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
121.22  committed on or after that date.

121.23      Sec. 5. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
121.24      Subdivision 1. Crime. A person is guilty of unauthorized computer access if the 
121.25  person intentionally and without authority authorization attempts to or does penetrate a 
121.26  computer security system.
121.27  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
121.28  committed on or after that date.

121.29      Sec. 6. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
122.1       Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1 in a manner 
122.2   that creates a risk to public health and safety is guilty of a gross misdemeanor and may 
122.3   be sentenced to imprisonment for a term of not more than one year or to payment of 
122.4   a fine of not more than $3,000, or both.
122.5   (b) A person who violates subdivision 1 in a manner that compromises the security 
122.6   of data that are protected under section  609.52, subdivision 2, clause (8), or are not public 
122.7   data as defined in section  13.02, subdivision 8a, is guilty of a gross misdemeanor and may 
122.8   be sentenced under paragraph (a). 
122.9   (c) A person who violates subdivision 1 and gains access to personal data is guilty of 
122.10  a gross misdemeanor and may be sentenced under paragraph (a).
122.11  (d) A person who is convicted of a second or subsequent misdemeanor violation of 
122.12  subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced 
122.13  under paragraph (a).
122.14  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
122.15  committed on or after that date.

122.16      Sec. 7. [609.8912] CRIMINAL USE OF ENCRYPTION.
122.17      Subdivision 1. Crime. Whoever intentionally uses or attempts to use encryption to 
122.18  do any of the following is guilty of criminal use of encryption and may be sentenced as 
122.19  provided in subdivision 2:
122.20  (1) to commit, further, or facilitate conduct constituting a crime;
122.21  (2) to conceal the commission of any crime;
122.22  (3) to conceal or protect the identity of a person who has committed any crime; or
122.23  (4) to prevent, impede, delay, or disrupt the normal operation or use of another's 
122.24  computer, computer program, or computer system.
122.25      Subd. 2. Penalties. (a) A person who violates subdivision 1 may be sentenced 
122.26  to imprisonment for not more than five years or to payment of a fine of not more than 
122.27  $10,000, or both, if:
122.28  (1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
122.29  (2) the person has two or more prior convictions for an offense under this section, 
122.30  section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United 
122.31  States, the District of Columbia, tribal lands, and United States territories.
122.32  (b) A person who violates subdivision 1, under circumstances not described in 
122.33  paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
122.34  not more than one year or to payment of a fine of not more than $3,000, or both.
123.1   EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
123.2   committed on or after that date.

123.3       Sec. 8. [609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY 
123.4   SYSTEM.
123.5   A person is guilty of a gross misdemeanor if the person knows or has reason to 
123.6   know that by facilitating access to a computer security system the person is aiding 
123.7   another who intends to commit a crime and in fact commits a crime. For purposes of this 
123.8   section, "facilitating access" includes the intentional disclosure of a computer password, 
123.9   identifying code, personal information number, or other confidential information about a 
123.10  computer security system which provides a person with the means or opportunity for the 
123.11  commission of a crime.
123.12  EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 
123.13  committed on or after that date.