2nd 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; Laws 2002, chapter 266, section 1, as 2.2 amended; Laws 2005, chapter 136, article 1, section 13, subdivision 3; article 16, 2.3 sections 3; 4; 5; 6; proposing coding for new law in Minnesota Statutes, chapters 2.4 241; 299A; 340A; 484; 545; 604; 609; 626; repealing Minnesota Statutes 2004, 2.5 sections 169A.41, subdivision 4; 403.08, subdivision 8; 403.22; 403.23; 403.24; 2.6 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30, subdivisions 2, 4; 2.7 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3; 484.55; 484.68, 2.8 subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12; 487.01; 487.02; 2.9 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 487.17; 2.10 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 2.11 487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 2.12 487.40; 488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 2.13 488A.09; 488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 2.14 488A.116; 488A.119; 488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 2.15 488A.24; 488A.26; 488A.27; 488A.28; 488A.282; 488A.285; 488A.286; 2.16 488A.287; 525.011; 525.012; 525.013; 525.014; 525.015; 525.02; 525.03; 2.17 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081; 525.082; 525.09; 2.18 609.108, subdivision 5; 609.109, subdivisions 1, 3; 625.09; Minnesota Statutes 2.19 2005 Supplement, sections 353.027; 485.03; 609.108, subdivisions 1, 3, 4, 6, 7; 2.20 609.109, subdivisions 2, 4, 5, 6. 2.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.22 ARTICLE 1 2.23 GENERAL CRIMINAL AND SENTENCING PROVISIONS 2.24 Section 1. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 2.25 amended to read: 2.26 Subd. 5. Procedures in cases where state intends to seek an aggravated 2.27 departure. (a) When the prosecutor provides reasonable notice under subdivision 4, the 2.28 district court shall allow the state to prove beyond a reasonable doubt to a jury of 12 2.29 members the factors in support of the state's request for an aggravated departure from 2.30 the Sentencing Guidelines or the state's request for an aggravated sentence under any 2.31 sentencing enhancement statute or the state's request for a mandatory minimum under 2.32 section 609.11 as provided in paragraph (b) or (c). 2.33 (b) The district court shall allow a unitary trial and final argument to a jury regarding 2.34 both evidence in support of the elements of the offense and evidence in support of 2.35 aggravating factors when the evidence in support of the aggravating factors: 2.36 (1) would be admissible as part of the trial on the elements of the offense; or 2.37 (2) would not result in unfair prejudice to the defendant. 2.38 The existence of each aggravating factor shall be determined by use of a special 2.39 verdict form. 2.40 Upon the request of the prosecutor, the court shall allow bifurcated argument and 2.41 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 aggravateddurationaldeparture 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 authorityshallmay 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);and609.749 (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 convictionsand that the present offense is a felony that was committed as part10.24of 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 believe10.29that the defendant or an accomplice used a firearm or other dangerous weapon or had in10.30possession a firearm, at the time of commission of an offense listed in subdivision 9,10.31the prosecutor shall, at the time of trial or at the plea of guilty, present on the record10.32all 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 thecourt on the recordfactfinder 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. Thecourtfactfinder shall also determineon the11.5record at the time of sentencingwhether 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 victimduring 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 ofa gross misdemeanorcriminal 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 2004, section 609.495, is amended by adding a subdivision 15.13 to read: 15.14 Subd. 5. Venue. Notwithstanding anything to the contrary in section 627.01, an 15.15 offense committed under subdivision 1 or 3 may be prosecuted in: 15.16 (1) the county where the offense occurred; or 15.17 (2) the county where the underlying criminal act occurred. 15.18 EFFECTIVE DATE.This section is effective July 1, 2006. 15.19 Sec. 22. [609.632] COUNTERFEITING OF CURRENCY. 15.20 Subdivision 1. Manufacturing; printing. Whoever, with the intent to defraud, 15.21 falsely makes, alters, prints, scans, images, or copies any United States postal money 15.22 order, United States currency, Federal Reserve note, or other obligation or security of the 15.23 United States so that it purports to be genuine or has different terms or provisions than that 15.24 of the United States Postal Service or United States Treasury is guilty of counterfeiting 15.25 and may be sentenced as provided in subdivision 4. 15.26 Subd. 2. Means for false reproduction. Whoever, with intent to defraud, makes, 15.27 engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, 15.28 paper, cloth, fabric, ink, or other material for the false reproduction of any United States 15.29 postal money order, United States currency, Federal Reserve note, or other obligation or 15.30 security of the United States is guilty of counterfeiting and may be sentenced as provided 15.31 in subdivision 4. 15.32 Subd. 3. Uttering or possessing. Whoever, with intent to defraud, utters or 15.33 possesses with intent to utter any counterfeit United States postal money order, United 16.1 States currency, Federal Reserve note, or other obligation or security of the United States, 16.2 having reason to know that the money order, currency, note, or obligation or security is 16.3 forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited 16.4 currency and may be sentenced as provided in subdivision 4. 16.5 Subd. 4. Penalty. (a) A person who is convicted of violating subdivision 1 or 2 16.6 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 16.7 not more than $100,000, or both. 16.8 (b) A person who is convicted of violating subdivision 3 may be sentenced as 16.9 follows: 16.10 (1) to imprisonment for not more than 20 years or to payment of a fine of not more 16.11 than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 16.12 property or services having a value of more than $35,000, or the aggregate face value of 16.13 the counterfeited item is more than $35,000; 16.14 (2) to imprisonment for not more than ten years or to payment of a fine of not more 16.15 than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 16.16 property or services having a value of more than $2,500, or the aggregate face value of the 16.17 counterfeited item is more than $2,500; 16.18 (3) to imprisonment for not more than five years or to payment of a fine of not 16.19 more than $10,000, or both, if: 16.20 (i) the counterfeited item is used to obtain or in an attempt to obtain property or 16.21 services having a value of more than $250, or the aggregate face value of the counterfeited 16.22 item is more than $250; or 16.23 (ii) the counterfeited item is used to obtain or in an attempt to obtain property 16.24 or services having a value of no more than $250, or the aggregate face value of the 16.25 counterfeited item is no more than $250, and the person has been convicted within the 16.26 preceding five years for an offense under this section, section 609.24; 609.245; 609.52; 16.27 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from 16.28 another state or the United States in conformity with any of those sections, and the person 16.29 received a felony or gross misdemeanor sentence for the offense, or a sentence that was 16.30 stayed under section 609.135 if the offense to which a plea was entered would allow the 16.31 imposition of a felony or gross misdemeanor sentence; or 16.32 (4) to imprisonment for not more than one year or to payment of a fine of not more 16.33 than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 16.34 property or services having a value of no more than $250, or the aggregate face value of 16.35 the counterfeited item is no more than $250. 17.1 Subd. 5. Aggregation; venue. In any prosecution under this section, the value of the 17.2 counterfeited United States postal money orders, United States currency, Federal Reserve 17.3 notes, or other obligations or securities of the United States, offered by the defendant in 17.4 violation of this section within any six-month period may be aggregated and the defendant 17.5 charged accordingly in applying the provisions of this section. When two or more offenses 17.6 are committed by the same person in two or more counties, the accused may be prosecuted 17.7 in any county in which one of the counterfeited items was forged, offered, or possessed, 17.8 for all of the offenses aggregated under this subdivision. 17.9 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 17.10 committed on or after that date. 17.11 Sec. 23. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 17.12 to read: 17.13 Subd. 7. Conditional release term. Notwithstanding the statutory maximum 17.14 sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 17.15 when a court commits a person to the custody of the commissioner of corrections for 17.16 violating this section, the court shall provide that after the person has completed the 17.17 sentence imposed, the commissioner shall place the person on conditional release for five 17.18 years. If the person has previously been convicted of a violation of this section, section 17.19 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar 17.20 statute of the United States, this state, or any state, the commissioner shall place the 17.21 person on conditional release for ten years. The terms of conditional release are governed 17.22 by section 609.3455, subdivision 8. 17.23 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 17.24 committed on or after that date. 17.25 Sec. 24. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 17.26 to read: 17.27 Subd. 9. Conditional release term. Notwithstanding the statutory maximum 17.28 sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 17.29 when a court commits a person to the custody of the commissioner of corrections for 17.30 violating this section, the court shall provide that after the person has completed the 17.31 sentence imposed, the commissioner shall place the person on conditional release for five 17.32 years. If the person has previously been convicted of a violation of this section, section 17.33 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar 18.1 statute of the United States, this state, or any state, the commissioner shall place the 18.2 person on conditional release for ten years. The terms of conditional release are governed 18.3 by section 609.3455, subdivision 8. 18.4 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 18.5 committed on or after that date. 18.6 Sec. 25. Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read: 18.7 Subd. 3. Definition. As used in this section, "federal law enforcement officer" 18.8 means an officer or employee whether employed inside or outside the state of the Federal 18.9 Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal 18.10 Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms,or the18.11Immigration and Naturalization Service,the Department of Homeland Security, or the 18.12 United States Postal Inspection Service, or their successor agencies, who is responsible for 18.13 the prevention or detection of crimes or for the enforcement of the United States Code and 18.14 who is authorized to arrest, with or without a warrant, any individual for a violation of 18.15 the United States Code. 18.16 EFFECTIVE DATE.This section is effective August 1, 2006. 18.17 Sec. 26. Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to 18.18 read: 18.19 EFFECTIVE DATE. This section is effective the day following final enactment 18.20 and applies to sentencing hearings, resentencing hearings, and sentencing departures 18.21 sought on or after that date.This section expires February 1, 2007.18.22 EFFECTIVE DATE.This section is effective the day following final enactment. 18.23 Sec. 27. Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to 18.24 read: 18.25 EFFECTIVE DATE. This section is effective the day following final enactment 18.26 and applies to sentencing hearings, resentencing hearings, and sentencing departures 18.27 sought on or after that date.This section expires February 1, 2007.18.28 EFFECTIVE DATE.This section is effective the day following final enactment. 18.29 Sec. 28. Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to 18.30 read: 19.1 EFFECTIVE DATE. This section is effective the day following final enactment 19.2 and applies to sentencing hearings, resentencing hearings, and sentencing departures 19.3 sought on or after that date.This section expires February 1, 2007.19.4 EFFECTIVE DATE.This section is effective the day following final enactment. 19.5 Sec. 29. Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to 19.6 read: 19.7 EFFECTIVE DATE. This section is effective the day following final enactment 19.8 and applies to sentencing hearings, resentencing hearings, and sentencing departures 19.9 sought on or after that date.This section expires February 1, 2007.19.10 EFFECTIVE DATE.This section is effective the day following final enactment. 19.11 Sec. 30. SENTENCING GUIDELINES MODIFICATIONS. 19.12 (a) Except as provided in paragraph (b), the modifications related to sex offenses 19.13 proposed by the Minnesota Sentencing Guidelines Commission and described in the 19.14 January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on 19.15 August 1, 2008. 19.16 (b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, 19.17 clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected 19.18 and do not take effect. 19.19 (c) The commission is requested to rank violations of: 19.20 (1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), 19.21 at severity level C; 19.22 (2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D; 19.23 (3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), 19.24 at severity level E; and 19.25 (4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F. 19.26 (d) If the commission decides to make the changes requested in paragraph (c), it 19.27 shall ensure that the changes are effective on August 1, 2008, and publish an updated 19.28 version of the sentencing guidelines that include the changes by that date. 19.29 EFFECTIVE DATE.This section is effective the day following final enactment. 19.30 Sec. 31. REVISOR'S INSTRUCTION. 19.31 When appropriate, the revisor of statutes shall replace statutory references to 19.32 Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a. 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. 32. REPEALER. 20.4 Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions 20.5 1 and 3, and Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4, 20.6 6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, are repealed. 20.7 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 20.8 committed on or after that date. 20.9 ARTICLE 2 20.10 CONTROLLED SUBSTANCES, DWI, AND DRIVING PROVISIONS 20.11 Section 1. Minnesota Statutes 2004, section 169.13, is amended to read: 20.12 169.13 RECKLESSOR, CARELESS, OR EXHIBITION DRIVING. 20.13 Subdivision 1. Reckless driving. (a) Any person who drives any vehicle in such a 20.14 manner as to indicate either a willful or a wanton disregard for the safety of persons or 20.15 property is guilty of reckless driving and such reckless driving is a misdemeanor. 20.16 (b) A person shall not race any vehicle upon any street or highway of this state. 20.17 Any person who willfully compares or contests relative speeds by operating one or more 20.18 vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed 20.19 contested or compared is in excess of the maximum speed prescribed by law. 20.20 Subd. 2. Careless driving. Any person who operates or halts any vehicle upon any 20.21 street or highway carelessly or heedlessly in disregard of the rights of others, or in a 20.22 manner that endangers or is likely to endanger any property or any person, including the 20.23 driver or passengers of the vehicle, is guilty of a misdemeanor. 20.24 Subd. 2a. Exhibition driving. A person who operates any vehicle in such a 20.25 manner as to start or accelerate with an unnecessary exhibition of speed is guilty of a 20.26 petty misdemeanor. Prima facie evidence of an unnecessary exhibition of speed is the 20.27 unreasonable squealing or screeching sounds emitted by the vehicle's tires or the throwing 20.28 of sand or gravel by the vehicle's tires, or both. 20.29 Subd. 3. Application. (a) The provisions of this section apply, but are not limited in 20.30 application, to any person who drives any vehicle in the manner prohibited by this section: 20.31 (1) upon the ice of any lake, stream, or river, including but not limited to the ice of 20.32 any boundary water; or 21.1 (2) in a parking lot ordinarily used by or available to the public though not as a 21.2 matter of right, and a driveway connectingsuch athe parking lot with a street or highway. 21.3 (b) This section does not apply to: 21.4 (1) an authorized emergency vehicle, when responding to an emergency call or when 21.5 in pursuit of an actual or suspected violator; 21.6 (2) the emergency operation of any vehicle when avoiding imminent danger; or 21.7 (3) any raceway, racing facility, or other public event sanctioned by the appropriate 21.8 governmental authority. 21.9 EFFECTIVE DATE.This section is effective August 1, 2006, for violations 21.10 committed on or after that date. 21.11 Sec. 2. Minnesota Statutes 2004, section 169A.20, subdivision 1, is amended to read: 21.12 Subdivision 1. Driving while impaired crime. It is a crime for any person to 21.13 drive, operate, or be in physical control of any motor vehicle within this state or on any 21.14 boundary water of this state: 21.15 (1) when the person is under the influence of alcohol; 21.16 (2) when the person is under the influence of a controlled substance; 21.17 (3) when the person is knowingly under the influence of a hazardous substance that 21.18 affects the nervous system, brain, or muscles of the person so as to substantially impair 21.19 the person's ability to drive or operate the motor vehicle; 21.20 (4) when the person is under the influence of a combination of any two or more of 21.21 the elements named in clauses (1), (2), and (3); 21.22 (5) when the person's alcohol concentration at the time, or as measured within 21.23 two hours of the time, of driving, operating, or being in physical control of the motor 21.24 vehicle is 0.08 or more; 21.25 (6) when the vehicle is a commercial motor vehicle and the person's alcohol 21.26 concentration at the time, or as measured within two hours of the time, of driving, 21.27 operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or 21.28 (7) when the person's body contains any amount of a controlled substance listed in 21.29 schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. 21.30 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 21.31 impaired driving incidents occurring on or after that date. 21.32 Sec. 3. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read: 22.1 Subdivision 1. Degree described. A person who violates section 169A.20 (driving 22.2 while impaired) is guilty of first-degree driving while impaired if the person: 22.3 (1) commits the violation within ten years of the first of three or more qualified 22.4 prior impaired driving incidents;or22.5 (2) has previously been convicted of a felony under this section; or 22.6 (3) within the past ten years, has been convicted of a felony under section 609.21, 22.7 subdivision 1, clause (2), (3), (4), (5) or (6); or 609.21, subdivision 3, clause (2), (3), 22.8 (4), (5) or (6). 22.9 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 22.10 violations of section 169A.20 occurring on or after that date. 22.11 Sec. 4. Minnesota Statutes 2004, section 169A.28, subdivision 1, is amended to read: 22.12 Subdivision 1. Mandatory consecutive sentences. (a) The court shall impose 22.13 consecutive sentences when it sentences a person for: 22.14 (1) violations of section 169A.20 (driving while impaired) arising out of separate 22.15 courses of conduct; 22.16 (2) a violation of section 169A.20 when the person, at the time of sentencing, is 22.17 on probation for, or serving, an executed sentence for a violation of section 169A.20 22.18 or Minnesota Statutes 1998, section 169.121 (driver under the influence of alcohol or 22.19 controlled substance) or 169.129 (aggravated DWI-related violations; penalty), and the 22.20 prior sentence involved a separate course of conduct; or 22.21 (3) a violation of section 169A.20 and another offense arising out of a single course 22.22 of conduct that is listed in subdivision 2, paragraph (e), when the person has five or more 22.23 qualified prior impaired driving incidents within the past ten years. 22.24 (b) The requirement for consecutive sentencing in paragraph (a) does not apply if the 22.25 person is being sentenced to an executed prison term for a violation of section 169A.20 22.26 (driving while impaired) under circumstances described in section 169A.24 (first-degree 22.27 driving while impaired). 22.28 EFFECTIVE DATE.This section is effective the day following final enactment. 22.29 Sec. 5. Minnesota Statutes 2004, section 169A.45, subdivision 1, is amended to read: 22.30 Subdivision 1. Alcohol concentration evidence. Upon the trial of any prosecution 22.31 arising out of acts alleged to have been committed by any person arrested for violating 22.32 section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head 22.33 Start bus driving), the court may admit evidence of the presence or amount of alcohol in 23.1 the person's blood, breath, or urine as shown by an analysis of those items. In addition, 23.2 in a prosecution for a violation of section 169A.20, the court may admit evidence of 23.3 the presence or amount in the person's blood, breath, or urine, as shown by an analysis 23.4 of those items, of: 23.5 (1) a controlledsubstancessubstance or its metabolite; or 23.6 (2) a hazardoussubstances in the person's blood, breath, or urine as shown by an23.7analysis of those itemssubstance. 23.8 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 23.9 impaired driving incidents occurring on or after that date. 23.10 Sec. 6. Minnesota Statutes 2004, section 169A.51, subdivision 1, is amended to read: 23.11 Subdivision 1. Implied consent; conditions; election of test. (a) Any person 23.12 who drives, operates, or is in physical control of a motor vehicle within this state or on 23.13 any boundary water of this state consents, subject to the provisions of sections 169A.50 23.14 to 169A.53 (implied consent law), and section 169A.20 (driving while impaired), to a 23.15 chemical test of that person's blood, breath, or urine for the purpose of determining the 23.16 presence of alcohol, a controlledsubstancessubstance or its metabolite, or a hazardous 23.17substancessubstance. The test must be administered at the direction of a peace officer. 23.18 (b) The test may be required of a person when an officer has probable cause to believe 23.19 the person was driving, operating, or in physical control of a motor vehicle in violation of 23.20 section 169A.20 (driving while impaired), and one of the following conditions exist: 23.21 (1) the person has been lawfully placed under arrest for violation of section 169A.20 23.22 or an ordinance in conformity with it; 23.23 (2) the person has been involved in a motor vehicle accident or collision resulting in 23.24 property damage, personal injury, or death; 23.25 (3) the person has refused to take the screening test provided for by section 169A.41 23.26 (preliminary screening test); or 23.27 (4) the screening test was administered and indicated an alcohol concentration of 23.28 0.08 or more. 23.29 (c) The test may also be required of a person when an officer has probable cause to 23.30 believe the person was driving, operating, or in physical control of a commercial motor 23.31 vehicle with the presence of any alcohol. 23.32 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 23.33 impaired driving incidents occurring on or after that date. 24.1 Sec. 7. Minnesota Statutes 2004, section 169A.51, subdivision 2, is amended to read: 24.2 Subd. 2. Implied consent advisory. At the time a test is requested, the person 24.3 must be informed: 24.4 (1) that Minnesota law requires the person to take a test: 24.5 (i) to determine if the person is under the influence of alcohol, controlled substances, 24.6 or hazardous substances; 24.7 (ii) to determine the presence of a controlled substance listed in schedule I or II or 24.8 metabolite, other than marijuana or tetrahydrocannabinols; and 24.9 (iii) if the motor vehicle was a commercial motor vehicle, to determine the presence 24.10 of alcohol; 24.11 (2) that refusal to take a test is a crime; 24.12 (3) if the peace officer has probable cause to believe the person has violated the 24.13 criminal vehicular homicide and injury laws, that a test will be taken with or without 24.14 the person's consent; and 24.15 (4) that the person has the right to consult with an attorney, but that this right is 24.16 limited to the extent that it cannot unreasonably delay administration of the test. 24.17 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 24.18 impaired driving incidents occurring on or after that date. 24.19 Sec. 8. Minnesota Statutes 2004, section 169A.51, subdivision 4, is amended to read: 24.20 Subd. 4. Requirement of urine or blood test. Notwithstanding subdivision 3, a 24.21 blood or urine test may be required even after a breath test has been administered if there 24.22 is probable cause to believe that: 24.23 (1) there is impairment by a controlled substance or a hazardous substance that is 24.24 not subject to testing by a breath test; or 24.25 (2) a controlled substance listed in schedule I or II or its metabolite, other than 24.26 marijuana or tetrahydrocannabinols, is present in the person's body. 24.27 Action may be taken against a person who refuses to take a blood test under this 24.28 subdivision only if a urine test was offered and action may be taken against a person who 24.29 refuses to take a urine test only if a blood test was offered. 24.30 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 24.31 impaired driving incidents occurring on or after that date. 24.32 Sec. 9. Minnesota Statutes 2004, section 169A.51, subdivision 7, is amended to read: 25.1 Subd. 7. Requirements for conducting tests; liability. (a) Only a physician, 25.2 medical technician, emergency medical technician-paramedic, registered nurse, medical 25.3 technologist, medical laboratory technician, or laboratory assistant acting at the request 25.4 of a peace officer may withdraw blood for the purpose of determining the presence of 25.5 alcohol, a controlledsubstancessubstance or its metabolite, or a hazardoussubstances25.6 substance. This limitation does not apply to the taking of a breath or urine sample. 25.7 (b) The person tested has the right to have someone of the person's own choosing 25.8 administer a chemical test or tests in addition to any administered at the direction of a 25.9 peace officer; provided, that the additional test sample on behalf of the person is obtained 25.10 at the place where the person is in custody, after the test administered at the direction of a 25.11 peace officer, and at no expense to the state. The failure or inability to obtain an additional 25.12 test or tests by a person does not preclude the admission in evidence of the test taken at 25.13 the direction of a peace officer unless the additional test was prevented or denied by the 25.14 peace officer. 25.15 (c) The physician, medical technician, emergency medical technician-paramedic, 25.16 medical technologist, medical laboratory technician, laboratory assistant, or registered 25.17 nurse drawing blood at the request of a peace officer for the purpose of determining 25.18 the concentration of alcohol, a controlledsubstancessubstance or its metabolite, or a 25.19 hazardoussubstancessubstance is in no manner liable in any civil or criminal action 25.20 except for negligence in drawing the blood. The person administering a breath test must 25.21 be fully trained in the administration of breath tests pursuant to training given by the 25.22 commissioner of public safety. 25.23 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 25.24 impaired driving incidents occurring on or after that date. 25.25 Sec. 10. Minnesota Statutes 2004, section 169A.52, subdivision 2, is amended to read: 25.26 Subd. 2. Reporting test failure. (a) If a person submits to a test, the results of that 25.27 test must be reported to the commissioner and to the authority having responsibility for 25.28 prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if 25.29 the test results indicate: 25.30 (1) an alcohol concentration of 0.08 or more; 25.31 (2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or 25.32 in physical control of a commercial motor vehicle at the time of the violation; or 25.33 (3) the presence of a controlled substance listed in schedule I or II or its metabolite, 25.34 other than marijuana or tetrahydrocannabinols. 26.1 (b) If a person submits to a test and the test results indicate the presence of a 26.2 hazardous substance, the results of that test must be reported to the authority having 26.3 responsibility for prosecution of impaired driving offenses for the jurisdiction in which the 26.4 acts occurred. 26.5 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 26.6 impaired driving incidents occurring on or after that date. 26.7 Sec. 11. Minnesota Statutes 2005 Supplement, section 169A.52, subdivision 4, is 26.8 amended to read: 26.9 Subd. 4. Test failure; license revocation. (a) Upon certification by the peace 26.10 officer that there existed probable cause to believe the person had been driving, operating, 26.11 or in physical control of a motor vehicle in violation of section 169A.20 (driving 26.12 while impaired) and that the person submitted to a test and the test results indicate an 26.13 alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 26.14 schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 26.15 the commissioner shall revoke the person's license or permit to drive, or nonresident 26.16 operating privilege: 26.17 (1) for a period of 90 days; 26.18 (2) if the person is under the age of 21 years, for a period of six months; 26.19 (3) for a person with a qualified prior impaired driving incident within the past ten 26.20 years, for a period of 180 days; or 26.21 (4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 26.22 the applicable period in clauses (1) to (3). 26.23 (b) On certification by the peace officer that there existed probable cause to believe 26.24 the person had been driving, operating, or in physical control of a commercial motor 26.25 vehicle with any presence of alcohol and that the person submitted to a test and the 26.26 test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 26.27 disqualify the person from operating a commercial motor vehicle under section 171.165 26.28 (commercial driver's license disqualification). 26.29 (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 26.30 of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 26.31 or urine sample, the laboratory may directly certify to the commissioner the test results, 26.32 and the peace officer shall certify to the commissioner that there existed probable cause to 26.33 believe the person had been driving, operating, or in physical control of a motor vehicle 26.34 in violation of section 169A.20 and that the person submitted to a test. Upon receipt 27.1 of both certifications, the commissioner shall undertake the license actions described 27.2 in paragraphs (a) and (b). 27.3 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 27.4 impaired driving incidents occurring on or after that date. 27.5 Sec. 12. Minnesota Statutes 2005 Supplement, section 169A.53, subdivision 3, is 27.6 amended to read: 27.7 Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing 27.8 under this section must be before a district judge in any county in the judicial district 27.9 where the alleged offense occurred. The hearing is to the court and may be conducted at 27.10 the same time and in the same manner as hearings upon pretrial motions in the criminal 27.11 prosecution under section 169A.20 (driving while impaired), if any. The hearing must be 27.12 recorded. The commissioner shall appear and be represented by the attorney general or 27.13 through the prosecuting authority for the jurisdiction involved. The hearing must be held 27.14 at the earliest practicable date, and in any event no later than 60 days following the filing 27.15 of the petition for review. The judicial district administrator shall establish procedures to 27.16 ensure efficient compliance with this subdivision. To accomplish this, the administrator 27.17 may, whenever possible, consolidate and transfer review hearings among the locations 27.18 within the judicial district where terms of district court are held. 27.19 (b) The scope of the hearing is limited to the issues in clauses (1) to (10): 27.20 (1) Did the peace officer have probable cause to believe the person was driving, 27.21 operating, or in physical control of a motor vehicle or commercial motor vehicle in 27.22 violation of section 169A.20 (driving while impaired)? 27.23 (2) Was the person lawfully placed under arrest for violation of section 169A.20? 27.24 (3) Was the person involved in a motor vehicle accident or collision resulting in 27.25 property damage, personal injury, or death? 27.26 (4) Did the person refuse to take a screening test provided for by section 169A.41 27.27 (preliminary screening test)? 27.28 (5) If the screening test was administered, did the test indicate an alcohol 27.29 concentration of 0.08 or more? 27.30 (6) At the time of the request for the test, did the peace officer inform the person 27.31 of the person's rights and the consequences of taking or refusing the test as required by 27.32 section 169A.51, subdivision 2? 27.33 (7) Did the person refuse to permit the test? 27.34 (8) If a test was taken by a person driving, operating, or in physical control of a 27.35 motor vehicle, did the test results indicate at the time of testing: 28.1 (i) an alcohol concentration of 0.08 or more; or 28.2 (ii) the presence of a controlled substance listed in schedule I or II or its metabolite, 28.3 other than marijuana or tetrahydrocannabinols? 28.4 (9) If a test was taken by a person driving, operating, or in physical control of a 28.5 commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 28.6 more at the time of testing? 28.7 (10) Was the testing method used valid and reliable and were the test results 28.8 accurately evaluated? 28.9 (c) It is an affirmative defense for the petitioner to prove that, at the time of the 28.10 refusal, the petitioner's refusal to permit the test was based upon reasonable grounds. 28.11 (d) Certified or otherwise authenticated copies of laboratory or medical personnel 28.12 reports, records, documents, licenses, and certificates are admissible as substantive 28.13 evidence. 28.14 (e) The court shall order that the revocation or disqualification be either rescinded or 28.15 sustained and forward the order to the commissioner. The court shall file its order within 28.16 14 days following the hearing. If the revocation or disqualification is sustained, the court 28.17 shall also forward the person's driver's license or permit to the commissioner for further 28.18 action by the commissioner if the license or permit is not already in the commissioner's 28.19 possession. 28.20 (f) Any party aggrieved by the decision of the reviewing court may appeal the 28.21 decision as provided in the Rules of Appellate Procedure. 28.22 (g) The civil hearing under this section shall not give rise to an estoppel on any 28.23 issues arising from the same set of circumstances in any criminal prosecution. 28.24 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 28.25 impaired driving incidents occurring on or after that date. 28.26 Sec. 13. Minnesota Statutes 2004, section 169A.60, subdivision 2, is amended to read: 28.27 Subd. 2. Plate impoundment violation; impoundment order. (a) The 28.28 commissioner shall issue a registration plate impoundment order when: 28.29 (1) a person's driver's license or driving privileges are revoked for a plate 28.30 impoundment violation; or 28.31 (2) a person is arrested for or charged with a plate impoundment violation described 28.32 in subdivision 1, paragraph(c)(d), clause (5). 28.33 (b) The order must require the impoundment of the registration plates of the motor 28.34 vehicle involved in the plate impoundment violation and all motor vehicles owned by, 28.35 registered, or leased in the name of the violator, including motor vehicles registered jointly 29.1 or leased in the name of the violator and another. The commissioner shall not issue an 29.2 impoundment order for the registration plates of a rental vehicle, as defined in section 29.3 168.041, subdivision 10, or a vehicle registered in another state. 29.4 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 29.5 impaired driving incidents occurring on or after that date. 29.6 Sec. 14. Minnesota Statutes 2004, section 169A.60, subdivision 4, is amended to read: 29.7 Subd. 4. Peace officer as agent for notice of impoundment. On behalf of the 29.8 commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a 29.9 plate impoundment violation shall also serve a notice of intent to impound and an order of 29.10 impoundment. On behalf of the commissioner, a peace officer who is arresting a person 29.11 for or charging a person with a plate impoundment violation described in subdivision 29.12 1, paragraph(c)(d), clause (5), shall also serve a notice of intent to impound and an 29.13 order of impoundment. If the vehicle involved in the plate impoundment violation is 29.14 accessible to the officer at the time the impoundment order is issued, the officer shall seize 29.15 the registration plates subject to the impoundment order. The officer shall destroy all 29.16 plates seized or impounded under this section. The officer shall send to the commissioner 29.17 copies of the notice of intent to impound and the order of impoundment and a notice that 29.18 registration plates impounded and seized under this section have been destroyed. 29.19 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 29.20 impaired driving incidents occurring on or after that date. 29.21 Sec. 15. Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is 29.22 amended to read: 29.23 Subd. 2b. Instruction permit use by person under age 18. (a) This subdivision 29.24 applies to persons who have applied for and received an instruction permit under 29.25 subdivision 2. 29.26 (b) The permit holder may, with the permit in possession, operate a motor vehicle, 29.27 but must be accompanied by and be under the supervision of a certified driver education 29.28 instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 29.29 older. The supervisor must occupy the seat beside the permit holder. 29.30 (c) The permit holder may operate a motor vehicle only when every occupant under 29.31 the age of 18 has a seat belt or child passenger restraint system properly fastened. A 29.32 person who violates this paragraph is subject to a fine of $25. A peace officer may 29.33 not issue a citation for a violation of this paragraph unless the officer lawfully stopped 30.1 or detained the driver of the motor vehicle for a moving violation as defined in section 30.2 171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 30.3 a person's driving record. 30.4 (d) The permit holder may not operate a vehicle while communicating over, or 30.5 otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 30.6 when the vehicle is in motion. The permit holder may assert as an affirmative defense that 30.7 the violation was made for the sole purpose of obtaining emergency assistance to prevent 30.8 a crime about to be committed, or in the reasonable belief that a person's life or safety 30.9 was in danger. Violation of this paragraph is a petty misdemeanor subject to section 30.10 169.89, subdivision 2. 30.11 (e) The permit holder must maintain a driving record free of convictions for moving 30.12 violations, as defined in section 171.04, subdivision 1, and free of convictions for violation 30.13 of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit 30.14 holder drives a motor vehicle in violation of the law, the commissioner shall suspend, 30.15 cancel, or revoke the permit in accordance with the statutory section violated. 30.16 EFFECTIVE DATE.This section is effective June 1, 2006, and applies to 30.17 violations committed on and after that date. 30.18 Sec. 16. Minnesota Statutes 2005 Supplement, section 171.055, subdivision 2, is 30.19 amended to read: 30.20 Subd. 2. Use of provisional license. (a) A provisional license holder may operate a 30.21 motor vehicle only when every occupant under the age of 18 has a seat belt or child 30.22 passenger restraint system properly fastened. A person who violates this paragraph is 30.23 subject to a fine of $25. A peace officer may not issue a citation for a violation of this 30.24 paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 30.25 for a moving violation as defined in section 171.04. The commissioner shall not record a 30.26 violation of this paragraph on a person's driving record. 30.27 (b) A provisional license holder may not operate a vehicle while communicating 30.28 over, or otherwise operating, a cellular or wireless telephone, whether handheld or 30.29 hands free, when the vehicle is in motion. The provisional license holder may assert 30.30 as an affirmative defense that the violation was made for the sole purpose of obtaining 30.31 emergency assistance to prevent a crime about to be committed, or in the reasonable 30.32 belief that a person's life or safety was in danger. Violation of this paragraph is a petty 30.33 misdemeanor subject to section 169.89, subdivision 2. 30.34 (c) If the holder of a provisional license during the period of provisional licensing 30.35 incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 31.1 169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 31.2 than one conviction for a moving violation that is not crash related, the person may not be 31.3 issued a driver's license until 12 consecutive months have expired since the date of the 31.4 conviction or until the person reaches the age of 18 years, whichever occurs first. 31.5 EFFECTIVE DATE.This section is effective June 1, 2006, and applies to 31.6 violations committed on and after that date. 31.7 Sec. 17. Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read: 31.8 Subd. 2. Chemically dependent person. "Chemically dependent person" means 31.9 any person (a) determined as being incapable of self-management or management of 31.10 personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other 31.11 mind-altering substances; and (b) whose recent conduct as a result of habitual and 31.12 excessive use of alcohol, drugs, or other mind-altering substances poses a substantial 31.13 likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or 31.14 threat to physically harm self or others, (ii) evidence of recent serious physical problems, 31.15 or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically 31.16 dependent person" also means a pregnant woman who has engaged during the pregnancy 31.17 in habitual or excessive use, for a nonmedical purpose, of any of the following controlled 31.18 substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine, 31.19 or amphetamine. 31.20 EFFECTIVE DATE.This section is effective July 1, 2006. 31.21 Sec. 18. REMEDIATION OF HARM CAUSED BY MISDEMEANOR 31.22 CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES. 31.23 Subdivision 1. Remediation by commissioner. For infractions that occurred 31.24 between July 1, 2005, and June 30, 2006, the commissioner of public safety shall expunge 31.25 from a licensee's driving record a misdemeanor conviction for violating Minnesota 31.26 Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055, subdivision 2, 31.27 paragraph (b). The commissioner is not obligated to expunge petty misdemeanor 31.28 violations of the statutes referenced in this subdivision. 31.29 Subd. 2. Remediation by courts. (a) A court in which a person was convicted for a 31.30 misdemeanor violation of Minnesota Statutes, section 171.05, subdivision 2b, paragraph 31.31 (d), or 171.055, subdivision 2, paragraph (b), that occurred between July 1, 2005, and 31.32 June 30, 2006, must vacate the conviction, on its own motion, without cost to the person 31.33 convicted, and must immediately notify the person that the conviction has been vacated. 32.1 A court shall not vacate petty misdemeanor violations of the statutes referenced in this 32.2 subdivision. 32.3 (b) The commissioner of finance, in consultation with the Supreme Court 32.4 administrator, shall develop and implement a procedure to refund defendants for any fine 32.5 in excess of $300 for a conviction vacated under paragraph (a), without requiring that the 32.6 defendant request a refund. The procedure may require recovery of portions of the fines 32.7 that have been allocated by law to local governmental units. 32.8 EFFECTIVE DATE.This section is effective July 1, 2006. 32.9 Sec. 19. REPEALER. 32.10 Minnesota Statutes 2004, section 169A.41, subdivision 4, is repealed. 32.11 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to 32.12 impaired driving violations that occur on or after that date. 32.13 ARTICLE 3 32.14 PUBLIC SAFETY 32.15 Section 1. Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision 32.16 to read: 32.17 Subd. 29. Juvenile offender photographs. Notwithstanding section 260B.171, 32.18 chapter 609A, or other law to the contrary, photographs or electronically produced images 32.19 of children adjudicated delinquent under chapter 260B shall not be expunged from law 32.20 enforcement records or databases. 32.21 EFFECTIVE DATE.This section is effective July 1, 2006. 32.22 Sec. 2. Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 32.23 read: 32.24 Subd. 4. Name and index service; data classification. (a) For purposes of this 32.25 section, "name and event index service" means the data held by the Bureau of Criminal 32.26 Apprehension that link data about an individual that are stored in one or more databases 32.27 maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, 32.28 and in the judiciary. 32.29 (b) Data collected, created, or maintained by the name and event index service 32.30 are classified as private data, pursuant to section 13.02, subdivision 12, and become 32.31 confidential data, pursuant to section 13.02, subdivision 3, when the data links private 33.1 or public data about a specific individual to any confidential data about that individual. 33.2 The data in the name and event index service revert to the private data classification when 33.3 no confidential data about a specific individual are maintained in the databases. The 33.4 classification of data in the name and event index service does not change the classification 33.5 of the data held in the databases linked by the service. 33.6 EFFECTIVE DATE.This section is effective July 1, 2006. 33.7 Sec. 3. Minnesota Statutes 2004, section 181.973, is amended to read: 33.8 181.973EMPLOYEEPUBLIC SAFETY PEER COUNSELING AND 33.9 DEBRIEFING. 33.10 A person engaged in a public safety peer counseling or a public safety peer debriefing 33.11 shall not, without the permission of the person being debriefed or counseled, be allowed to 33.12 disclose any information or opinion which the peer group member or peer counselor has 33.13 acquired during thedebriefingprocess. However, this does not prohibit a peer counselor 33.14 from disclosing information the peer counselor reasonably believes indicates that the 33.15 person may be a danger to self or others, if the information is used only for the purpose of 33.16 eliminating the danger to the person or others. Any information or opinion disclosed in 33.17 violation of this paragraph is not admissible as evidence in any personnel or occupational 33.18 licensing matter involving the person being debriefed or counseled. 33.19 For purposes of this paragraph, "public safety peer counseling or debriefing" 33.20 means a group process oriented debriefing session, or one-to-one contact with a peer 33.21 counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 33.22 or other persons involved with public safety emergency services, that is established by 33.23 any agency providing public safety emergency services and is designed to help a person 33.24 who has suffered an occupation-relatedtraumatic eventtrauma, illness, or stress begin 33.25 the process of healing and effectively dealing withposttraumatic stressthe person's 33.26 problems or the use of the peer counselor for direction with referrals to better service 33.27 these occupation-related issues. A "peer counselor" means someone so designated by 33.28 that agency. 33.29 EFFECTIVE DATE.This section is effective July 1, 2006. 33.30 Sec. 4. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, is 33.31 amended to read: 33.32 Subd. 1b. Registration required. (a) A person shall register under this section if: 34.1 (1) the person was charged with or petitioned for a felony violation of or attempt to 34.2 violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 34.3 of or adjudicated delinquent for that offense or another offense arising out of the same 34.4 set of circumstances: 34.5 (i) murder under section 609.185, clause (2); 34.6 (ii) kidnapping under section 609.25; 34.7 (iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 34.8 609.3451, subdivision 3; or 609.3453; or 34.9 (iv) indecent exposure under section 617.23, subdivision 3; 34.10 (2) the person was charged with or petitioned for a violation of, or attempt to 34.11 violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of 34.12 section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of 34.13 section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of 34.14 section 609.352; using a minor in a sexual performance in violation of section 617.246; 34.15 or possessing pornographic work involving a minor in violation of section 617.247, and 34.16 convicted of or adjudicated delinquent for that offense or another offense arising out 34.17 of the same set of circumstances; 34.18 (3) the person was sentenced as a patterned sex offender under section 609.108; or 34.19 (4) the person was convicted of or adjudicated delinquent for, including pursuant 34.20 to a court martial, violating a law of the United States, including the Uniform Code of 34.21 Military Justice, similar to the offenses described in clause (1), (2), or (3). 34.22 (b) A person also shall register under this section if: 34.23 (1) the person was convicted of or adjudicated delinquent in another state for an 34.24 offense that would be a violation of a law described in paragraph (a) if committed in 34.25 this state; 34.26 (2) the person enters this state to reside, work, or attend school, or enters this state 34.27 and remains for 14 days or longer; and 34.28 (3) ten years have not elapsed since the person was released from confinement 34.29 or, if the person was not confined, since the person was convicted of or adjudicated 34.30 delinquent for the offense that triggers registration, unless the person is subject to lifetime 34.31 registration. If the person is required to register for life under Minnesota law, or the 34.32 law of any other state in which the person has been convicted or required to register,in34.33which casethe person shall register for life regardless of when the person was released 34.34 from confinement, convicted, or adjudicated delinquent. 34.35 (c) A person also shall register under this section if the person was committed 34.36 pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 35.1 1992, section 526.10, or a similar law of another state or the United States, regardless of 35.2 whether the person was convicted of any offense. 35.3 (d) A person also shall register under this section if: 35.4 (1) the person was charged with or petitioned for a felony violation or attempt to 35.5 violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 35.6 state or the United States, or the person was charged with or petitioned for a violation of 35.7 any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 35.8 the United States; 35.9 (2) the person was found not guilty by reason of mental illness or mental deficiency 35.10 after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 35.11 states with a guilty but mentally ill verdict; and 35.12 (3) the person was committed pursuant to a court commitment order under section 35.13 253B.18 or a similar law of another state or the United States. 35.14 EFFECTIVE DATE.This section is effective the day following final enactment 35.15 and applies to any offender residing in Minnesota as of that date. 35.16 Sec. 5. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4, is 35.17 amended to read: 35.18 Subd. 4. Contents of registration. (a) The registration provided to the corrections 35.19 agent or law enforcement authority, must consist of a statement in writing signed by the 35.20 person, giving information required by the bureau, a fingerprint card, and photograph of 35.21 the person taken at the time of the person's release from incarceration or, if the person 35.22 was not incarcerated, at the time the person initially registered under this section. The 35.23 registration information also must include a written consent form signed by the person 35.24 allowing a treatment facility or residential housing unit or shelter to release information to 35.25 a law enforcement officer about the person's admission to, or residence in, a treatment 35.26 facility or residential housing unit or shelter. Registration information on adults and 35.27 juveniles may be maintained together notwithstanding section 260B.171, subdivision 3. 35.28 (b) For persons required to register under subdivision 1b, paragraph (c), following 35.29 commitment pursuant to a court commitment under section 253B.185 or a similar law 35.30 of another state or the United States, in addition to other information required by this 35.31 section, the registration provided to the corrections agent or law enforcement authority 35.32 must include the person's offense history and documentation of treatment received during 35.33 the person's commitment. This documentation is limited to a statement of how far the 35.34 person progressed in treatment during commitment. 36.1 (c) Within three days of receipt, the corrections agent or law enforcement authority 36.2 shall forward the registration information to the bureau. The bureau shall ascertain 36.3 whether the person has registered with the law enforcement authority in the area of the 36.4 person's primary address, if any, or if the person lacks a primary address, where the person 36.5 is staying, as required by subdivision 3a. If the person has not registered with the law 36.6 enforcement authority, the bureau shall send one copy to that authority. 36.7 (d) The corrections agent or law enforcement authority may require that a person 36.8 required to register under this section appear before the agent or authority to be 36.9 photographed. The agent or authority shall forward the photograph to the bureau. 36.10 (1) Except as provided in clause (2), the agent or authority shall require a person 36.11 required to register under this section who is classified as a level III offender under 36.12 section 244.052 to appear before the agent or authority at least every six months to be 36.13 photographed. 36.14 (2) The requirements of this paragraph shall not apply during any period where the 36.15 person to be photographed is: (i) committed to the commissioner of corrections and 36.16 incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the 36.17 commissioner of human services and receiving treatment in a secure treatment facility. 36.18 (e) During the period a person is required to register under this section, the following 36.19 provisions apply: 36.20 (1) Except for persons registering under subdivision 3a, the bureau shall mail a 36.21 verification form to the person's last reported primary address. This verification form must 36.22 provide notice to the offender that, if the offender does not return the verification form 36.23 as required, information about the offender may be made available to the public through 36.24 electronic, computerized, or other accessible means. For persons who are registered under 36.25 subdivision 3a, the bureau shall mail an annual verification form to the law enforcement 36.26 authority where the offender most recently reported. The authority shall provide the 36.27 verification form to the person at the next weekly meeting and ensure that the person 36.28 completes and signs the form and returns it to the bureau. 36.29 (2) The person shall mail the signed verification form back to the bureau within ten 36.30 days after receipt of the form, stating on the form the current and last address of the 36.31 person's residence and the other information required under subdivision 4a. 36.32 (3) In addition to the requirements listed in this section, a person who is assigned 36.33 to risk level II or III under section 244.052, and who is no longer under correctional 36.34 supervision for a registration offense, or a failure to register offense, but who resides, 36.35 works, or attends school in Minnesota, shall have an annual in-person contact with a law 36.36 enforcement authority as provided in this section. If the person resides in Minnesota, the 37.1 annual in-person contact shall be with the law enforcement authority that has jurisdiction 37.2 over the person's primary address or, if the person has no address, the location where the 37.3 person is staying. If the person does not reside in Minnesota but works or attends school 37.4 in this state, the person shall have an annual in-person contact with the law enforcement 37.5 authority or authorities with jurisdiction over the person's school or workplace. During 37.6 the month of the person's birth date, the person shall report to the authority to verify the 37.7 accuracy of the registration information and to be photographed. Within three days of this 37.8 contact, the authority shall enter information as required by the bureau into the predatory 37.9 offender registration database and submit an updated photograph of the person to the 37.10 bureau's predatory offender registration unit. 37.11 (4) If the person fails to mail the completed and signed verification form to the 37.12 bureau within ten days after receipt of the form, or if the person fails to report to the 37.13 law enforcement authority during the month of the person's birth date, the person is in 37.14 violation of this section. 37.15 (5) For any person who fails to mail the completed and signed verification form to 37.16 the bureau within ten days after receipt of the form and who has been determined to be 37.17 a risk level III offender under section 244.052, the bureau shall immediately investigate 37.18 and notify local law enforcement authorities to investigate the person's location and to 37.19 ensure compliance with this section. The bureau also shall immediately give notice of the 37.20 person's violation of this section to the law enforcement authority having jurisdiction over 37.21 the person's last registered address or addresses. 37.22 For persons required to register under subdivision 1b, paragraph (c), following 37.23 commitment pursuant to a court commitment under section 253B.185 or a similar law of 37.24 another state or the United States, the bureau shall comply with clause (1) at least four 37.25 times each year. For persons who, under section 244.052, are assigned to risk level III and 37.26 who are no longer under correctional supervision for a registration offense or a failure to 37.27 register offense, the bureau shall comply with clause (1) at least two times each year. For 37.28 all other persons required to register under this section, the bureau shall comply with clause 37.29 (1) each year within 30 days of the anniversary date of the person's initial registration. 37.30 (f) When sending out a verification form, the bureau shall determine whether the 37.31 person to whom the verification form is being sent has signed a written consent form 37.32 as provided for in paragraph (a). If the person has not signed such a consent form, the 37.33 bureau shall send a written consent form to the person along with the verification form. 37.34 A person who receives this written consent form shall sign and return it to the bureau 37.35 at the same time as the verification form. 38.1 Sec. 6. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4b, is 38.2 amended to read: 38.3 Subd. 4b. Health care facility; notice of status. (a) For the purposes of this 38.4 subdivision, "health care facility" means a facility licensed by: 38.5 (1) the commissioner of health as a hospital, boarding care home or supervised 38.6 living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A; or 38.7 (2) the commissioner of human services as a residential facility under chapter 245A 38.8 to provide adult foster care, adult mental health treatment, chemical dependency treatment 38.9 to adults, or residential services to persons with developmental disabilities. 38.10 (b)Upon admittancePrior to admission to a health care facility, a person required to 38.11 register under this section shall disclose to: 38.12 (1) the health care facility employee processing the admission the person's status 38.13 as a registered predatory offender under this section; and 38.14 (2) the person's corrections agent, or if the person does not have an assigned 38.15 corrections agent, the law enforcement authority with whom the person is currently 38.16 required to register, that inpatient admissionhas occurredwill occur. 38.17 (c) A law enforcement authority or corrections agent who receives notice under 38.18 paragraph (b) or who knows that a person required to register under this section is 38.19 planning to be admitted and receive, or has been admitted and is receiving health care 38.20 at a health care facility shall notify the administrator of the facility and deliver a fact 38.21 sheet to the administrator containing the following information: (1) name and physical 38.22 description of the offender; (2) the offender's conviction history, including the dates of 38.23 conviction; (3) the risk level classification assigned to the offender under section 244.052, 38.24 if any; and (4) the profile of likely victims. 38.25 (d) Except for a hospital licensed under sections 144.50 to 144.58, if a health 38.26 care facilitythatreceivesnotice under this subdivision that a predatory offender has38.27been admitted to the facilitya fact sheet under paragraph (c) that includes a risk level 38.28 classification for the offender, and if the facility admits the offender, the facility shall 38.29notify otherdistribute the fact sheet to all residents at the facilityof this fact. If the facility 38.30 determines thatnoticedistribution to a resident is not appropriate given the resident's 38.31 medical, emotional, or mental status, the facility shallnotifydistribute the fact sheet to the 38.32 patient's next of kin or emergency contact. 38.33 EFFECTIVE DATE.This section is effective July 1, 2006. 38.34 Sec. 7. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 38.35 amended to read: 39.1 Subd. 6. Registration period. (a) Notwithstanding the provisions of section 39.2 609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 39.3 required to register under this section shall continue to comply with this section until ten 39.4 years have elapsed since the person initially registered in connection with the offense, or 39.5 until the probation, supervised release, or conditional release period expires, whichever 39.6 occurs later. For a person required to register under this section who is committed under 39.7 section 253B.18 or 253B.185, the ten-year registration period does not include the period 39.8 of commitment. 39.9 (b) If a person required to register under this section fails to provide the person's 39.10 primary address as required by subdivision 3, paragraph (b), fails to comply with the 39.11 requirements of subdivision 3a, fails to provide information as required by subdivision 39.12 4a, or fails to return the verification form referenced in subdivision 4 within ten days, 39.13 the commissioner of public safety may require the person to continue to register for an 39.14 additional period of five years. This five-year period is added to the end of the offender's 39.15 registration period. 39.16 (c) If a person required to register under this section is subsequently incarcerated 39.17 following a conviction for a new offense or following a revocation of probation, 39.18 supervised release, or conditional release for any offense, the person shall continue to 39.19 register until ten years have elapsed since the person was last released from incarceration 39.20 or until the person's probation, supervised release, or conditional release period expires, 39.21 whichever occurs later. 39.22 (d) A person shall continue to comply with this section for the life of that person: 39.23 (1) if the person is convicted of or adjudicated delinquent for any offense for which 39.24 registration is required under subdivision 1b, or any offense from another state or any 39.25 federal offense similar to the offenses described in subdivision 1b, and the person has a 39.26 prior conviction or adjudication for an offense for which registration was or would have 39.27 been required under subdivision 1b, or an offense from another state or a federal offense 39.28 similar to an offense described in subdivision 1b; 39.29 (2) if the person is required to register based upon a conviction or delinquency 39.30 adjudication for an offense under section 609.185, clause (2), or a similar statute from 39.31 another state or the United States; 39.32 (3) if the person is required to register based upon a conviction for an offense under 39.33 section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 39.34 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 39.35 or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 39.36 United States similar to the offenses described in this clause;or40.1 (4) if the person is required to register under subdivision 1b, paragraph (c), following 40.2 commitment pursuant to a court commitment under section 253B.185 or a similar law 40.3 of another state or the United States; or 40.4 (5) if a person was required to register for life in any other state in which the person 40.5 was previously convicted or required to register. 40.6 EFFECTIVE DATE.This section is effective the day following final enactment 40.7 and applies to any offender in Minnesota as of that date. 40.8 Sec. 8. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is 40.9 amended to read: 40.10 Subd. 4. Law enforcement agency; disclosure of information to public. (a) 40.11 The law enforcement agency in the area where the predatory offender resides, expects 40.12 to reside, is employed, or is regularly found, shall disclose to the public any information 40.13 regarding the offender contained in the report forwarded to the agency under subdivision 40.14 3, paragraph (f), that is relevant and necessary to protect the public and to counteract the 40.15 offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of 40.16 the information disclosed and the community to whom disclosure is made must relate to 40.17 the level of danger posed by the offender, to the offender's pattern of offending behavior, 40.18 and to the need of community members for information to enhance their individual and 40.19 collective safety. 40.20 (b) The law enforcement agency shall employ the following guidelines in 40.21 determining the scope of disclosure made under this subdivision: 40.22 (1) if the offender is assigned to risk level I, the agency may maintain information 40.23 regarding the offender within the agency and may disclose it to other law enforcement 40.24 agencies. Additionally, the agency may disclose the information to any victims of or 40.25 witnesses to the offense committed by the offender. The agency shall disclose the 40.26 information to victims of the offense committed by the offender who have requested 40.27 disclosure and to adult members of the offender's immediate household; 40.28 (2) if the offender is assigned to risk level II, the agency also may disclose the 40.29 information to agencies and groups that the offender is likely to encounter for the purpose 40.30 of securing those institutions and protecting individuals in their care while they are on or 40.31 near the premises of the institution. These agencies and groups include the staff members 40.32 of public and private educational institutions, day care establishments, and establishments 40.33 and organizations that primarily serve individuals likely to be victimized by the offender. 40.34 The agency also may disclose the information to individuals the agency believes are likely 40.35 to be victimized by the offender. The agency's belief shall be based on the offender's 41.1 pattern of offending or victim preference as documented in the information provided by 41.2 the department of corrections or human services; 41.3 (3) if the offender is assigned to risk level III, the agency shall disclose the 41.4 information to the persons and entities described in clauses (1) and (2) and to other 41.5 members of the community whom the offender is likely to encounter, unless the law 41.6 enforcement agency determines that public safety would be compromised by the disclosure 41.7 or that a more limited disclosure is necessary to protect the identity of the victim. 41.8 Notwithstanding the assignment of a predatory offender to risk level II or III, a law 41.9 enforcement agency may not make the disclosures permitted or required by clause (2) or 41.10 (3), if: the offender is placed or resides in a residential facility. However, if an offender is 41.11 placed or resides in a residential facility, the offender and the head of the facility shall 41.12 designate the offender's likely residence upon release from the facility and the head of 41.13 the facility shall notify the commissioner of corrections or the commissioner of human 41.14 services of the offender's likely residence at least 14 days before the offender's scheduled 41.15 release date. The commissioner shall give this information to the law enforcement agency 41.16 having jurisdiction over the offender's likely residence. The head of the residential facility 41.17 also shall notify the commissioner of corrections or human services within 48 hours 41.18 after finalizing the offender's approved relocation plan to a permanent residence. Within 41.19 five days after receiving this notification, the appropriate commissioner shall give to 41.20 the appropriate law enforcement agency all relevant information the commissioner has 41.21 concerning the offender, including information on the risk factors in the offender's history 41.22 and the risk level to which the offender was assigned. After receiving this information, 41.23 the law enforcement agency shall make the disclosures permitted or required by clause 41.24 (2) or (3), as appropriate. 41.25 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that: 41.26 (1) the organizations or community members are in a location or in close proximity 41.27 to a location where the offender lives or is employed, or which the offender visits or 41.28 is likely to visit on a regular basis, other than the location of the offender's outpatient 41.29 treatment program; and 41.30 (2) the types of interaction which ordinarily occur at that location and other 41.31 circumstances indicate that contact with the offender is reasonably certain. 41.32 (d) A law enforcement agency or official who discloses information under this 41.33 subdivision shall make a good faith effort to make the notification within 14 days of receipt 41.34 of a confirmed address from the Department of Corrections indicating that the offender 41.35 will be, or has been, released from confinement, or accepted for supervision, or has moved 42.1 to a new address and will reside at the address indicated. If a change occurs in the release 42.2 plan, this notification provision does not require an extension of the release date. 42.3 (e) A law enforcement agency or official who discloses information under this 42.4 subdivision shall not disclose the identity or any identifying characteristics of the victims 42.5 of or witnesses to the offender's offenses. 42.6 (f) A law enforcement agency shall continue to disclose information on an offender 42.7 as required by this subdivision for as long as the offender is required to register under 42.8 section 243.166. This requirement on a law enforcement agency to continue to disclose 42.9 information also applies to an offender who lacks a primary address and is registering 42.10 under section 243.166, subdivision 3a. 42.11 (g) A law enforcement agency that is disclosing information on an offender assigned 42.12 to risk level III to the public under this subdivision shall inform the commissioner of 42.13 corrections what information is being disclosed and forward this information to the 42.14 commissioner within two days of the agency's determination. The commissioner shall 42.15 post this information on the Internet as required in subdivision 4b. 42.16 (h) A city council may adopt a policy that addresses when information disclosed 42.17 under this subdivision must be presented in languages in addition to English. The policy 42.18 may address when information must be presented orally, in writing, or both in additional 42.19 languages by the law enforcement agency disclosing the information. The policy may 42.20 provide for different approaches based on the prevalence of non-English languages in 42.21 different neighborhoods. 42.22 (i) An offender who is the subject of a community notification meeting held pursuant 42.23 to this section may not attend the meeting. 42.24 (j) When a school, day care facility, or other entity or program that primarily 42.25 educates or serves children receives notice under paragraph (b), clause (3), that a level III 42.26 predatory offender resides or works in the surrounding community, notice to parents must 42.27 be made as provided in this paragraph. If the predatory offender identified in the notice is 42.28 participating in programs offered by the facility that require or allow the person to interact 42.29 with children other than the person's children, the principal or head of the entity must 42.30 notify parents with children at the facility of the contents of the notice received pursuant 42.31 to this section. The immunity provisions of subdivision 7 apply to persons disclosing 42.32 information under this paragraph. 42.33 EFFECTIVE DATE.This section is effective July 1, 2006. 42.34 Sec. 9. [299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT 42.35 OPERATIONS CONFLICTS. 43.1 (a) Notwithstanding section 299C.405, the Department of Public Safety may employ 43.2 a secure subscription service designed to promote and enhance officer safety during 43.3 tactical operations by and between federal, state, and local law enforcement agencies 43.4 by notifying law enforcement agencies of conflicts where multiple law enforcement 43.5 operations may be occurring on the same subject or vehicle or on or near the same 43.6 location. The notification may include warrant executions, surveillance activities, SWAT 43.7 activities, undercover operations, and other investigative operations. 43.8 (b) Data created, collected, received, maintained, or disseminated by this system is 43.9 classified as criminal investigative data as defined in section 13.82, subdivision 7. 43.10 EFFECTIVE DATE.This section is effective July 1, 2006. 43.11 Sec. 10. [299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN 43.12 REMAINS. 43.13 Subdivision 1. Handling of death scene investigations. (a) The Department of 43.14 Public Safety shall provide information to local law enforcement agencies about best 43.15 practices for handling death scene investigations. 43.16 (b) The Department of Public Safety shall identify any publications or training 43.17 opportunities that may be available to local law enforcement agencies or law enforcement 43.18 officers concerning the handling of death scene investigations. 43.19 Subd. 2. Law enforcement reports. (a) After performing any death scene 43.20 investigation considered appropriate under the circumstances, the official with custody of 43.21 the human remains shall ensure that the human remains are delivered to the appropriate 43.22 medical examiner. 43.23 (b) A person with custody of human remains that are not identified within 24 hours 43.24 of discovery shall promptly notify the Department of Public Safety of the location of 43.25 those remains. 43.26 (c) A person with custody of remains who cannot determine whether or not the 43.27 remains found are human shall notify the Department of Public Safety of the existence of 43.28 possible human remains. 43.29 EFFECTIVE DATE.This section is effective July 1, 2006. 43.30 Sec. 11. Minnesota Statutes 2004, section 299C.095, subdivision 2, is amended to read: 43.31 Subd. 2. Retention. (a) Notwithstanding section 138.17, the bureau shall retain 43.32 juvenile history records for the time periods provided in this subdivision. Notwithstanding 43.33 contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must 44.1 be retained for the longest time period applicable to any item in the individual juvenile 44.2 history record. If, before data are destroyed under this subdivision, the subject of the 44.3 data is convicted of a felony as an adult, the individual's juvenile history record must be 44.4 retained for the same time period as an adult criminal history record. 44.5 (b) Juvenile history data on a child who was arrested must be destroyed six months 44.6 after the arrest if the child has not been referred to a diversion program and no petition has 44.7 been filed against the child by that time. 44.8 (c) Juvenile history data on a child against whom a delinquency petition was filed 44.9 and subsequently dismissed must be destroyed upon receiving notice from the court that 44.10 the petition was dismissed. 44.11 (d) Juvenile history data on a child who was referred to a diversion program or 44.12 against whom a delinquency petition has been filed and continued for dismissal must be 44.13 destroyed when the child reaches age 21. 44.14 (e) Juvenile history data on a child against whom a delinquency petition was filed 44.15 and continued without adjudication, or a child who was found to have committed a felony 44.16 or gross misdemeanor-level offense, must be destroyed when the child reaches age 28. If 44.17 the adjudication was for an offense which requires registration pursuant to section 243.166 44.18 or 243.167, or the offender commits a felony violation as an adult, the bureau shall retain 44.19 the data for as long as the data would have been retained if the offender had been an 44.20 adult at the time of the juvenile offense. 44.21 (f) The bureau shall retain extended jurisdiction juvenile data on an individual 44.22 received under section 260B.171, subdivision 2, paragraph (c), for as long as the data 44.23 would have been retained if the offender had been an adult at the time of the offense. 44.24 (g) Data retained on individuals under this subdivision are private data under section 44.25 13.02, except that extended jurisdiction juvenile data become public data under section 44.26 13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult 44.27 sentence has been executed under section 260B.130, subdivision 5. 44.28 (h) A person who receives data on a juvenile under paragraphs (b) to (e) from the 44.29 bureau shall destroy the data according to the schedule in this subdivision, unless the 44.30 person has access to the data under other law. The bureau shall include a notice of the 44.31 destruction schedule with all data it disseminates on juveniles. 44.32 EFFECTIVE DATE.This section is effective July 1, 2006. 44.33 Sec. 12. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 44.34 amended to read: 45.1 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 45.2 section. 45.3 (b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 45.4 in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 45.5 Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 45.6 includes the Bureau of Criminal Apprehension. 45.7 (c) "Law enforcement agency" means a Minnesota municipal police department, 45.8 the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 45.9 Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 45.10 Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 45.11 the Minnesota State Patrol. 45.12 EFFECTIVE DATE.This section is effective July 1, 2006. 45.13 Sec. 13. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 45.14 amended to read: 45.15 Subd. 2. Task force. The policy group shall appoint a task force to assist them 45.16 in their duties. The task force shall monitor, review, and report to the policy group on 45.17 CriMNet-related projects and provide oversight to ongoing operations as directed by the 45.18 policy group. The task force shall consist of the following members: 45.19 (1) two sheriffs recommended by the Minnesota Sheriffs Association; 45.20 (2) two police chiefs recommended by the Minnesota Chiefs of Police Association; 45.21 (3) two county attorneys recommended by the Minnesota County Attorneys 45.22 Association; 45.23 (4) two city attorneys recommended by the Minnesota League of Cities; 45.24 (5) two public defenders appointed by the Board of Public Defense; 45.25 (6) two district judges appointed by the Conference of Chief Judges, one of whom is 45.26 currently assigned to the juvenile court; 45.27 (7) two community corrections administrators recommended by the Minnesota 45.28 Association of Counties, one of whom represents a community corrections act county; 45.29 (8) two probation officers; 45.30 (9) four public members, one of whom has been a victim of crime, and two who 45.31 are representatives of the private business community who have expertise in integrated 45.32 information systems and who for the purpose of meetings of the full task force may be 45.33 compensated pursuant to section 15.059; 45.34 (10) two court administrators; 46.1 (11) one member of the house of representatives appointed by the speaker of the 46.2 house; 46.3 (12) one member of the senate appointed by the majority leader; 46.4 (13) the attorney general or a designee; 46.5 (14) two individuals recommended by the Minnesota League of Cities, one of 46.6 whom works or resides in greater Minnesota and one of whom works or resides in the 46.7 seven-county metropolitan area; 46.8 (15) two individuals recommended by the Minnesota Association of Counties, one 46.9 of whom works or resides in greater Minnesota and one of whom works or resides in the 46.10 seven-county metropolitan area; 46.11 (16) the director of the Sentencing Guidelines Commission; 46.12 (17) one member appointed by the state chief information officer; 46.13(17)(18) one member appointed by the commissioner of public safety; 46.14(18)(19) one member appointed by the commissioner of corrections; 46.15(19)(20) one member appointed by the commissioner of administration; and 46.16(20)(21) one member appointed by the chief justice of the Supreme Court. 46.17 In making these appointments, the appointing authority shall select members with 46.18 expertise in integrated data systems or best practices. 46.19 The commissioner of public safety may appoint additional, nonvoting members to 46.20 the task force as necessary from time to time. 46.21 EFFECTIVE DATE.This section is effective July 1, 2006. 46.22 Sec. 14. Minnesota Statutes 2004, section 299E.01, subdivision 2, is amended to read: 46.23 Subd. 2. Responsibilities. The division shall be responsible and shall utilize 46.24 state employees for security and public information services inthe Capitol complex of46.25 state-owned buildings and state leased to own buildings in the Capitol area, as described 46.26 in section 15B.02; it shall provide such personnel as are required by the circumstances to 46.27 insure the orderly conduct of state business and the convenience of the public. 46.28 EFFECTIVE DATE.This section is effective July 1, 2007. 46.29 Sec. 15. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read: 46.30 Subd. 5. Appeal policy; variance. Upon application, the state fire marshal may 46.31 grant variances from the minimum requirements specified in the code if there is substantial 46.32 compliance with the provisions of the code, the safety of the public and occupants of 46.33 such building will not be jeopardized, and undue hardship will result to the applicant 47.1 unless such variance is granted. No appeal to the state fire marshal for a variance from 47.2 orders issued by a local fire official from the Uniform Fire Code shall be accepted until 47.3 the applicant has first made application to the local governing body and the local unit has 47.4 acted on the application. The state fire marshal shall considerthe decisionany decisions 47.5 or recommendations of the local governing body. Any person aggrieved by a decision 47.6 made by the fire marshal under this subdivision may proceed before the fire marshal as 47.7 with a contested case in accordance with the Administrative Procedure Act. 47.8 EFFECTIVE DATE.This section is effective July 1, 2006. 47.9 Sec. 16. Minnesota Statutes 2004, section 525.9214, is amended to read: 47.10 525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND 47.11 NOTIFICATION. 47.12 (a) If, at or near the time of death of a patient, there is no documentation in the 47.13 medical record that the patient has made or refused to make an anatomical gift, the hospital 47.14 administrator or a representative designated by the administrator shall discuss with the 47.15 patient or a relative of the patient the option to make or refuse to make an anatomical 47.16 gift and may request the making of an anatomical gift pursuant to section 525.9211 or 47.17 525.9212. The request must be made with reasonable discretion and sensitivity to the 47.18 circumstances of the family. A request is not required if the gift is not suitable, based 47.19 upon accepted medical standards, for a purpose specified in section 525.9215. An entry 47.20 must be made in the medical record of the patient, stating the name of the individual 47.21 making the request, and the name, response, and relationship to the patient of the person 47.22 to whom the request was made. 47.23 (b) The following persons shall make a reasonable search for a document of gift or 47.24 other information identifying the bearer as a donor or as an individual who has refused to 47.25 make an anatomical gift: 47.26 (1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer 47.27 finding an individual who the searcher believes is dead or near death; 47.28 (2) a hospital or emergency care facility, upon the admission or presentation of an 47.29 individual at or near the time of death, if there is not immediately available any other 47.30 source of that information; and 47.31 (3) a medical examiner or coroner upon receipt of a body. 47.32 (c) If a document of gift or evidence of refusal to make an anatomical gift is located 47.33 by the search required by paragraph (b), clause (1), and the individual or body to whom it 47.34 relates is taken to a hospital, the hospital must be notified of the contents and the document 48.1 or other evidence must be sent to the hospital. If a body is taken to a morgue, the person 48.2 who discovered the body must notify the person's dispatcher. A dispatcher notified under 48.3 this section must notify the state's federally designated organ procurement organization 48.4 and inform the organization of the deceased's name, donor status, and location. 48.5 (d) If, at or near the time of death of a patient, a hospital knows that an anatomical 48.6 gift has been made pursuant to section 525.9212, paragraph (a), or a release and removal 48.7 of a part has been permitted pursuant to section 525.9213, or that a patient or an individual 48.8 identified as in transit to the hospital is a donor, the hospital shall notify the donee if one 48.9 is named and known to the hospital; if not, it shall notify an appropriate procurement 48.10 organization. The hospital shall cooperate in the implementation of the anatomical gift 48.11 or release and removal of a part. 48.12 (e) A person who fails to discharge the duties imposed by this section is not subject 48.13 to criminal or civil liability. 48.14 EFFECTIVE DATE.This section is effective the day following final enactment. 48.15 Sec. 17. Minnesota Statutes 2004, section 611A.0315, is amended to read: 48.16 611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; 48.17 HARASSMENT. 48.18 Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make 48.19 every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 48.20 offense, or harassment that the prosecutor has decided to decline prosecution of the case 48.21 or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 48.22 should include, in order of priority: (1) contacting the victim or a person designated by the 48.23 victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 48.24 the notification attempt shall be made before the suspect is released from custody. 48.25 (b) Whenever a prosecutor dismisses criminal charges against a person accused of 48.26 domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 48.27 of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 48.28 witness, the prosecutor shall indicate the specific reason that the witness is unavailable. 48.29 (c) Whenever a prosecutor notifies a victim of domestic assault or harassment under 48.30 this section, the prosecutor shall also inform the victim of the method and benefits of 48.31 seeking an order for protection under section 518B.01 or a restraining order under section 48.32 609.748 and that the victim may seek an order without paying a fee. 48.33 Subd. 2. Definitions. For the purposes of this section, the following terms have 48.34 the meanings given them. 49.1 (a) "Assault" has the meaning given it in section 609.02, subdivision 10. 49.2 (b) "Domestic assault" means an assault committed by the actor against a family or 49.3 household member. 49.4 (c) "Family or household member" has the meaning given it in section 518B.01, 49.5 subdivision 2. 49.6 (d) "Harassment" means a violation of section 609.749. 49.7 (e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 49.8 609.3453. 49.9 EFFECTIVE DATE.This section is effective July 1, 2006. 49.10 Sec. 18. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read: 49.11 Subd. 8. Suspension, revocation, or refusal to renew certification. (a) The state 49.12 fire marshal may suspend, revoke, or refuse to renew certification of an operator if the 49.13 operator has: 49.14 (1) submitted a fraudulent application; 49.15 (2) caused or permitted a fire or safety hazard to exist or occur during the storage, 49.16 transportation, handling, preparation, or use of fireworks; 49.17 (3) conducted a display of fireworks without receipt of a permit required by the 49.18 state or a political subdivision; 49.19 (4) conducted a display of fireworks with assistants who were not at least 18 years of 49.20 age, properly instructed, and continually supervised; or 49.21 (5) otherwise failed to comply with any federal or state law or regulation, or the 49.22 guidelines, relating to fireworks. 49.23 (b) Any person aggrieved by a decision made by the state fire marshal under this 49.24 subdivision may petition the state fire marshal in writing to reconsider the decision. The 49.25 state fire marshal shall render a decision in writing within 30 days of receipt of the 49.26 written request for reconsideration. Following reconsideration, the person may appeal 49.27 the decision to the district court. 49.28 EFFECTIVE DATE.This section is effective July 1, 2006. 49.29 Sec. 19. [626.9601] DEFINITIONS. 49.30 Subdivision 1. Scope of definitions. For purposes of sections 626.9601 to 626.9615, 49.31 the following terms have the meanings given them. 49.32 Subd. 2. Bloodborne pathogens. "Bloodborne pathogens" means pathogenic 49.33 microorganisms that are present in human blood and can cause disease in humans. These 50.1 pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus 50.2 (HCV), and human immunodeficiency virus (HIV). 50.3 Subd. 3. Law enforcement agency. "Law enforcement agency" has the meaning 50.4 given in section 626.84, subdivision 1. 50.5 Subd. 4. Peace officer. "Peace officer" is an individual employed as a licensed 50.6 peace officer under section 626.84, subdivision 1. 50.7 Subd. 5. Source individual. "Source individual" means an individual, living 50.8 or dead, whose blood, tissue, or potentially infectious body fluids may be a source of 50.9 bloodborne pathogen exposure to a peace officer. 50.10 Subd. 6. Significant exposure. "Significant exposure" means contact likely to 50.11 transmit a bloodborne pathogen, in a manner supported by the most current guidelines and 50.12 recommendations of the United States Public Health Service at the time an evaluation 50.13 takes place, that includes: 50.14 (1) percutaneous injury, contact of mucous membrane or nonintact skin, or 50.15 prolonged contact of intact skin; and 50.16 (2) contact, in a manner that may transmit a bloodborne pathogen, with blood, 50.17 tissue, or potentially infectious body fluids. 50.18 Subd. 7. Facility. "Facility" means a hospital licensed under sections 144.50 to 50.19 144.56 or a freestanding emergency medical care facility licensed under Laws 1988, 50.20 chapter 467, that receives a peace officer for evaluation for significant exposure or a 50.21 source individual whose bodily fluids contacted a peace officer. 50.22 EFFECTIVE DATE.This section is effective July 1, 2006. 50.23 Sec. 20. [626.9602] CONDITIONS FOR APPLICABILITY OF PROCEDURES. 50.24 Subdivision 1. Request for procedures. A peace officer or law enforcement agency 50.25 may request that a facility follow the procedures of sections 626.9601 to 626.9615 when a 50.26 peace officer may have experienced a significant exposure to a source individual. 50.27 Subd. 2. Conditions. A facility shall follow the procedures outlined in sections 50.28 626.9601 to 626.9615 when all of the following conditions are met: 50.29 (1) the facility determines that significant exposure has occurred, following the 50.30 protocol under section 626.9614; 50.31 (2) the licensed physician for the peace officer needs the source individual's 50.32 bloodborne pathogen test results to begin, continue, modify, or discontinue treatment, in 50.33 accordance with the most current guidelines of the United States Public Health Service, 50.34 because of possible exposure to a bloodborne pathogen; and 51.1 (3) the peace officer consents to provide a blood sample for testing for a bloodborne 51.2 pathogen. If the peace officer consents to blood collection, but does not consent at that 51.3 time to bloodborne pathogen testing, the facility shall preserve the sample for at least 90 51.4 days. If the peace officer elects to have the sample tested within 90 days, the testing 51.5 shall be done as soon as feasible. 51.6 Subd. 3. Locating source individual. If the source individual is not received by a 51.7 facility but the facility is providing treatment to the peace officer, the law enforcement 51.8 agency shall make reasonable efforts to locate the source individual and inform the facility 51.9 of the source individual's identity and location. The facility shall make a reasonable effort 51.10 to contact the source individual in order to follow the procedures in sections 626.9601 to 51.11 626.9615. The law enforcement agency and facilities may exchange private data about 51.12 the source individual as necessary to fulfill their responsibilities under this subdivision, 51.13 notwithstanding any provision of law to the contrary. 51.14 EFFECTIVE DATE.This section is effective July 1, 2006. 51.15 Sec. 21. [626.9603] INFORMATION REQUIRED TO BE GIVEN TO 51.16 INDIVIDUALS. 51.17 Subdivision 1. Information to source individual. (a) Before seeking any consent 51.18 required by the procedures under sections 626.9601 to 626.9615, a facility shall inform 51.19 the source individual that the source individual's bloodborne pathogen test results, without 51.20 the individual's name, address, or other uniquely identifying information, shall be reported 51.21 to the peace officer if requested, and that test results collected under sections 626.9601 to 51.22 626.9615 are for medical purposes as set forth in section 626.9609 and may not be used as 51.23 evidence in any criminal proceedings or civil proceedings, except for procedures under 51.24 sections 144.4171 to 144.4186. 51.25 (b) The facility shall inform the source individual of the insurance protections in 51.26 section 72A.20, subdivision 29. 51.27 (c) The facility shall inform the source individual that the individual may refuse to 51.28 provide a blood sample and that the source individual's refusal may result in a request for 51.29 a court order to require the source individual to provide a blood sample. 51.30 (d) The facility shall inform the source individual that the facility will advise the 51.31 peace officer of the confidentiality requirements and penalties before disclosing any test 51.32 information. 51.33 Subd. 2. Information to peace officer. (a) Before disclosing any information about 51.34 the source individual, the facility shall inform the peace officer of the confidentiality 52.1 requirements of section 626.9611 and that the peace officer may be subject to penalties for 52.2 unauthorized release of information about the source individual under section 626.9612. 52.3 (b) The facility shall inform the peace officer of the insurance protections in section 52.4 72A.20, subdivision 29. 52.5 EFFECTIVE DATE.This section is effective July 1, 2006. 52.6 Sec. 22. [626.9604] DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN 52.7 TEST RESULTS. 52.8 If the conditions of sections 626.9602 and 626.9603 are met, the facility shall ask the 52.9 source individual and the peace officer if they have ever had a positive test for a bloodborne 52.10 pathogen. The facility must attempt to get existing test results under this section before 52.11 taking any steps to obtain a blood sample or to test for bloodborne pathogens. The facility 52.12 shall disclose the source individual's bloodborne pathogen test results to the peace officer 52.13 without the source individual's name, address, or other uniquely identifying information. 52.14 EFFECTIVE DATE.This section is effective July 1, 2006. 52.15 Sec. 23. [626.9605] CONSENT PROCEDURES; GENERALLY. 52.16 (a) For purposes of sections 626.9601 to 626.9615, whenever the facility is required 52.17 to seek consent, the facility shall follow its usual procedure for obtaining consent from an 52.18 individual or an individual's representative consistent with other law applicable to consent. 52.19 (b) Consent from a source individual's representative for bloodborne pathogen 52.20 testing of an existing blood sample obtained from the source individual is not required if 52.21 the facility has made reasonable efforts to obtain the representative's consent and consent 52.22 cannot be obtained within 24 hours of a significant exposure. 52.23 (c) If testing of the source individual's blood occurs without consent because the 52.24 source individual is unable to provide consent or has left the facility and cannot be located, 52.25 and the source individual's representative cannot be located, the facility shall provide 52.26 the information required in section 626.9603 to the source individual or representative 52.27 whenever it is possible to do so. 52.28 (d) If a source individual dies before an opportunity to consent to blood collection 52.29 or testing under sections 626.9601 to 626.9615, the facility does not need consent of the 52.30 deceased person's representative for purposes of sections 626.9601 to 626.9615. 52.31 EFFECTIVE DATE.This section is effective July 1, 2006. 52.32 Sec. 24. [626.9606] TESTING OF AVAILABLE BLOOD. 53.1 Subdivision 1. Procedures with consent. If the source individual is or was under 53.2 the care or custody of the facility and a sample of the source individual's blood is available 53.3 with the consent of the source individual, the facility shall test that blood for bloodborne 53.4 pathogens with the consent of the source individual, provided the conditions in sections 53.5 626.9602 and 626.9603 are met. 53.6 Subd. 2. Procedures without consent. If the source individual has provided a blood 53.7 sample with consent but does not consent to bloodborne pathogen testing, the facility shall 53.8 test for bloodborne pathogens if the peace officer or law enforcement agency requests the 53.9 test, provided all of the following criteria are met: 53.10 (1) the peace officer or law enforcement agency has documented exposure to blood 53.11 or body fluids during performance of the peace officer's duties; 53.12 (2) the facility has determined that a significant exposure has occurred and a licensed 53.13 physician for the peace officer has documented in the peace officer's medical record that 53.14 bloodborne pathogen test results are needed for beginning, modifying, continuing, or 53.15 discontinuing medical treatment for the peace officer under section 626.9614, subdivision 53.16 2; 53.17 (3) the peace officer provides a blood sample for testing for bloodborne pathogens 53.18 as soon as feasible; 53.19 (4) the facility asks the source individual to consent to a test for bloodborne 53.20 pathogens and the source individual does not consent; 53.21 (5) the facility has provided the source individual with all of the information required 53.22 by section 626.9603; and 53.23 (6) the facility has informed the peace officer of the confidentiality requirements 53.24 of section 626.9611 and the penalties for unauthorized release of source information 53.25 under section 626.9612. 53.26 Subd. 3. Follow-up. The facility shall inform the source individual and the peace 53.27 officer of their own test results. The facility shall inform the peace officer of the source 53.28 individual's test results without the source individual's name, address, or other uniquely 53.29 identifying information. 53.30 EFFECTIVE DATE.This section is effective July 1, 2006. 53.31 Sec. 25. [626.9607] BLOOD SAMPLE COLLECTION FOR TESTING. 53.32 Subdivision 1. Procedures with consent. (a) If a blood sample is not otherwise 53.33 available, the facility shall obtain consent from the source individual before collecting 53.34 a blood sample for testing for bloodborne pathogens. The consent process shall include 53.35 informing the source individual that the individual may refuse to provide a blood sample 54.1 and that the source individual's refusal may result in a request for a court order under 54.2 subdivision 2 to require the source individual to provide a blood sample. 54.3 (b) If the source individual consents to provide a blood sample, the facility shall 54.4 collect a blood sample and test the sample for bloodborne pathogens. 54.5 (c) The facility shall inform the peace officer about the source individual's test 54.6 results without the individual's name, address, or other uniquely identifying information. 54.7 The facility shall inform the source individual of the test results. 54.8 (d) If the source individual refuses to provide a blood sample for testing, the facility 54.9 shall inform the peace officer of the source individual's refusal. 54.10 Subd. 2. Procedures without consent. (a) A law enforcement agency or a peace 54.11 officer may bring a petition for a court order to require a source individual to provide a 54.12 blood sample for testing for bloodborne pathogens. The petition shall be filed in the 54.13 district court in the county where the source individual resides or is hospitalized or where 54.14 the peace officer is being treated. The petitioner is not required to serve the petition on the 54.15 source individual prior to the hearing. The petition shall include one or more affidavits 54.16 attesting that: 54.17 (1) the facility followed the procedures in sections 626.9601 to 626.9615 and 54.18 attempted to obtain bloodborne pathogen test results according to those sections; 54.19 (2) it has been determined under section 626.9614, subdivision 2, that a significant 54.20 exposure has occurred to the peace officer; and 54.21 (3) a physician with specialty training in infectious diseases, including HIV, has 54.22 documented that the peace officer has provided a blood sample and consented to testing 54.23 for bloodborne pathogens and bloodborne pathogen test results are needed for beginning, 54.24 continuing, modifying, or discontinuing medical treatment for the peace officer. 54.25 (b) Facilities shall cooperate with petitioners in providing any necessary affidavits to 54.26 the extent that facility staff can attest under oath to the facts in the affidavits. 54.27 (c) The court must issue an order requiring the source individual to provide a 54.28 blood sample for bloodborne pathogen testing within 48 hours of receiving the order if 54.29 the court finds that: 54.30 (1) there is probable cause to believe the peace officer has experienced a significant 54.31 exposure to the source individual; 54.32 (2) a licensed physician for the peace officer needs the test results for beginning, 54.33 continuing, modifying, or discontinuing medical treatment for the peace officer; and 54.34 (3) there is a reasonable need for the test results. In assessing reasonable need, 54.35 the court shall weigh the need for the court-ordered blood collection and test results 54.36 against the interests of the source individual, including, but not limited to, privacy, health, 55.1 safety, or economic interests. The court shall also consider whether the involuntary blood 55.2 collection and testing would serve the public interest. 55.3 (d) As part of an order issued under this subdivision, the court must impose 55.4 appropriate safeguards against unauthorized disclosure that must specify the persons who 55.5 have access to the test results and the purposes for which the test results may be used. 55.6 (e) The court shall schedule the hearing within 24 hours of receiving the petition and 55.7 may conduct the proceeding in camera unless the court determines that a public hearing 55.8 is necessary for the proper administration of justice. The source individual need not be 55.9 present or have received notice of the hearing for the court to proceed. The evidence or 55.10 testimony in support or opposition to a petition may be made or taken by telephone, 55.11 facsimile transmission, video equipment, or other electronic communication. The court 55.12 shall issue its ruling within 24 hours of the conclusion of the hearing. 55.13 (f) If the source individual did not make an appearance at the hearing, the petitioner 55.14 must personally serve the source individual with a copy of the ex parte order along with a 55.15 copy of the petition and supporting affidavits. A notice of the right to contest the order and 55.16 the deadline for filing the appeal must accompany service of the order and petition. 55.17 (g) If the source individual did not make an appearance at the hearing, the source 55.18 individual may petition the court for a hearing to contest the court order. The source 55.19 individual's appeal must be filed within 48 hours of the person receiving the ex parte 55.20 order. The person may not be compelled to submit to a blood test during the pendency 55.21 of an appeal. The court must hold a hearing within 24 hours from the date the appeal is 55.22 filed. The court may vacate its ex parte order if the source individual proves by clear and 55.23 convincing evidence that the person's bodily fluids did not contact the peace officer. The 55.24 court must issue a ruling within 24 hours of the conclusion of the hearing. 55.25 (h) A source individual who fails or refuses to comply with the terms and conditions 55.26 of an order issued under this section shall be in contempt of court and subject to 55.27 confinement under section 588.12 until the person has complied with the order. 55.28 EFFECTIVE DATE.This section is effective July 1, 2006. 55.29 Sec. 26. [626.9608] NO DISCRIMINATION. 55.30 A facility shall not base decisions about admission to a facility or the provision of 55.31 care or treatment on any requirement that the source individual consent to bloodborne 55.32 pathogen testing under sections 626.9601 to 626.9615. 55.33 EFFECTIVE DATE.This section is effective July 1, 2006. 56.1 Sec. 27. [626.9609] USE OF TEST RESULTS. 56.2 Bloodborne pathogen test results of a source individual obtained under sections 56.3 626.9601 to 626.9615 are for diagnostic purposes and to determine the need for treatment 56.4 or medical care specific to a bloodborne pathogen-related illness of a peace officer. The 56.5 test results may not be used as evidence in any criminal proceedings or civil proceedings, 56.6 except for procedures under sections 144.4171 to 144.4186. 56.7 EFFECTIVE DATE.This section is effective July 1, 2006. 56.8 Sec. 28. [626.9611] TEST INFORMATION CONFIDENTIALITY. 56.9 Subdivision 1. Private data. Information concerning test results obtained under 56.10 sections 626.9601 to 626.9615 is information protected from disclosure without consent 56.11 under section 144.335 with respect to private facilities and private data as defined in 56.12 section 13.02, subdivision 12, with respect to public facilities. 56.13 Subd. 2. Consent to release information. No facility, individual, or employer shall 56.14 disclose to a peace officer the name, address, or other uniquely identifying information 56.15 about a source individual without a written release signed by the source individual or the 56.16 source individual's legally authorized representative. The facility shall not record the 56.17 name, address, or other uniquely identifying information about the source individual's test 56.18 results in the peace officer's medical records. 56.19 EFFECTIVE DATE.This section is effective July 1, 2006. 56.20 Sec. 29. [626.9612] PENALTY FOR UNAUTHORIZED RELEASE OF 56.21 INFORMATION. 56.22 Unauthorized release by an individual, facility, or agency of a source individual's 56.23 name, address, or other uniquely identifying information under sections 626.9601 to 56.24 626.9615 is subject to the remedies and penalties under sections 13.08 and 13.09. This 56.25 section does not preclude private causes of action against an individual, state agency, 56.26 statewide system, political subdivision, or person responsible for releasing private data 56.27 or information protected from disclosure. 56.28 EFFECTIVE DATE.This section is effective July 1, 2006. 56.29 Sec. 30. [626.9613] RESPONSIBILITY FOR TESTING AND TREATMENT; 56.30 COSTS. 57.1 (a) The facility shall ensure that tests under sections 626.9601 to 626.9615 are 57.2 performed if requested by the peace officer or law enforcement agency, provided the 57.3 conditions set forth in sections 626.9601 to 626.9615 are met. 57.4 (b) The law enforcement agency that employs the peace officer who requests 57.5 testing under sections 626.9601 to 626.9615 must pay or arrange payment for the cost 57.6 of counseling, testing, and treatment of the peace officer and costs associated with the 57.7 testing of the source individual. 57.8 EFFECTIVE DATE.This section is effective July 1, 2006. 57.9 Sec. 31. [626.9614] PROTOCOLS FOR EXPOSURE TO BLOODBORNE 57.10 PATHOGENS. 57.11 Subdivision 1. Law enforcement agency requirements. The law enforcement 57.12 agency shall have procedures for a peace officer to notify a facility that the person may 57.13 have experienced a significant exposure from a source individual. The law enforcement 57.14 agency shall also have a protocol to locate the source individual if the facility has 57.15 not received the source individual and the law enforcement agency knows the source 57.16 individual's identity. 57.17 Subd. 2. Facility protocol requirements. Every facility shall adopt and follow a 57.18 postexposure protocol for peace officers who have experienced a significant exposure. The 57.19 postexposure protocol must adhere to the most current recommendations of the United 57.20 States Public Health Service and include, at a minimum, the following: 57.21 (1) a process for peace officers to report an exposure in a timely fashion; 57.22 (2) a process for an infectious disease specialist, or a licensed physician who is 57.23 knowledgeable about the most current recommendations of the United States Public 57.24 Health Service in consultation with an infectious disease specialist; 57.25 (i) to determine whether a significant exposure to one or more bloodborne pathogens 57.26 has occurred; and 57.27 (ii) to provide, under the direction of a licensed physician, a recommendation 57.28 or recommendations for follow-up treatment appropriate to the particular bloodborne 57.29 pathogen or pathogens for which a significant exposure has been determined; 57.30 (3) if there has been a significant exposure, a process to determine whether the 57.31 source individual has a bloodborne pathogen through disclosure of test results, or through 57.32 blood collection and testing as required by sections 626.9601 to 626.9615; 57.33 (4) a process for providing appropriate counseling prior to and following testing for 57.34 a bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission 57.35 and follow-up recommendations according to the most current recommendations of the 58.1 United States Public Health Service, recommendations for testing, and treatment to the 58.2 peace officer; 58.3 (5) a process for providing appropriate counseling under clause (4) to the peace 58.4 officer and the source individual; and 58.5 (6) compliance with applicable state and federal laws relating to data practices, 58.6 confidentiality, informed consent, and the patient bill of rights. 58.7 EFFECTIVE DATE.This section is effective July 1, 2006. 58.8 Sec. 32. [626.9615] PENALTIES AND IMMUNITY. 58.9 Subdivision 1. Penalties. Any facility or person who willfully violates the 58.10 provisions of sections 626.9601 to 626.9615 is guilty of a misdemeanor. 58.11 Subd. 2. Immunity. A facility, licensed physician, and designated health care 58.12 personnel are immune from liability in any civil, administrative, or criminal action relating 58.13 to the disclosure of test results to a peace officer or law enforcement agency and the testing 58.14 of a blood sample from the source individual for bloodborne pathogens if a good faith 58.15 effort has been made to comply with sections 626.9601 to 626.9615. 58.16 EFFECTIVE DATE.This section is effective July 1, 2006. 58.17 Sec. 33. Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to 58.18 read:58.19 Subd. 3. Community Services 103,556,000 103,369,000 58.20 Summary by Fund 58.21 General Fund 103,456,000 103,269,000 58.22 Special Revenue 100,000 100,000 58.23 SHORT-TERM OFFENDERS. $1,207,000 58.24 each year is for costs associated with the 58.25 housing and care of short-term offenders. 58.26 The commissioner may use up to 20 percent 58.27 of the total amount of the appropriation 58.28 for inpatient medical care for short-term 58.29 offenders with less than six months to 58.30 serve as affected by the changes made to 58.31 Minnesota Statutes, section 609.105, in 58.32 2003. All funds remaining at the end of 59.1 the fiscal year not expended for inpatient 59.2 medical care shall be added to and distributed 59.3 with the housing funds. These funds shall 59.4 be distributed proportionately based on the 59.5 total number of days short-term offenders are 59.6 placed locally, not to exceed $70 per day. 59.7 Short-term offenders may be housed in a 59.8 state correctional facility at the discretion of 59.9 the commissioner. 59.10 The Department of Corrections is exempt 59.11 from the state contracting process for the 59.12 purposes of Minnesota Statutes, section 59.13 609.105, as amended by Laws 2003, First 59.14 Special Session chapter 2, article 5, sections 59.15 7 to 9. 59.16 GPS MONITORING OF SEX 59.17 OFFENDERS. $500,000 the first 59.18 year and $162,000 the second year are for the 59.19 acquisition and service of bracelets equipped 59.20 with tracking devices designed to track 59.21 and monitor the movement and location of 59.22 criminal offenders. The commissioner shall 59.23 use the bracelets to monitor high-risk sex 59.24 offenders who are on supervised release, 59.25 conditional release, parole, or probation to 59.26 help ensure that the offenders do not violate 59.27 conditions of their release or probation. 59.28 END OF CONFINEMENT REVIEWS. 59.29 $94,000 each year is for end of confinement 59.30 reviews. 59.31 COMMUNITY SURVEILLANCE AND 59.32 SUPERVISION. $1,370,000 each year is 59.33 to provide housing options to maximize 59.34 community surveillance and supervision. 60.1 INCREASE IN INTENSIVE 60.2 SUPERVISED RELEASE SERVICES. 60.3 $1,800,000 each year is to increase intensive 60.4 supervised release services. 60.5 SEX OFFENDER ASSESSMENT 60.6 REIMBURSEMENTS. $350,000 each year 60.7 is toprovide grants toreimburse countiesfor60.8reimbursements, their designees, or courts 60.9 for sex offender assessments as required 60.10 under Minnesota Statutes, section 609.3452, 60.11 subdivision 1, which is being renumbered as 60.12 section 609.3457. 60.13 SEX OFFENDER TREATMENT AND 60.14 POLYGRAPHS. $1,250,000 each year 60.15 is to provide treatment for sex offenders 60.16 on community supervision and to pay for 60.17 polygraph testing. 60.18 INCREASED SUPERVISION OF SEX 60.19 OFFENDERS, DOMESTIC VIOLENCE 60.20 OFFENDERS, AND OTHER VIOLENT 60.21 OFFENDERS. $1,500,000 each year is for 60.22 the increased supervision of sex offenders 60.23 and other violent offenders, including 60.24 those convicted of domestic abuse. These 60.25 appropriations may not be used to supplant 60.26 existing state or county probation officer 60.27 positions. 60.28 The commissioner shall distribute $1,050,000 60.29 in grants each year to Community Corrections 60.30 Act counties and $450,000 each year to the 60.31 Department of Corrections Probation and 60.32 Supervised Release Unit. The commissioner 60.33 shall distribute the funds to the Community 60.34 Corrections Act counties according to the 61.1 formula contained in Minnesota Statutes, 61.2 section 401.10. 61.3 Prior to the distribution of these funds, each 61.4 Community Corrections Act jurisdiction and 61.5 the Department of Corrections Probation 61.6 and Supervised Release Unit shall submit 61.7 to the commissioner an analysis of need 61.8 along with a plan to meet their needs and 61.9 reduce the number of sex offenders and other 61.10 violent offenders, including domestic abuse 61.11 offenders, on probation officer caseloads. 61.12 COUNTY PROBATION OFFICERS. 61.13 $500,000 each year is to increase county 61.14 probation officer reimbursements. 61.15 INTENSIVE SUPERVISION AND 61.16 AFTERCARE FOR CONTROLLED 61.17 SUBSTANCES OFFENDERS; REPORT. 61.18 $600,000 each year is for intensive 61.19 supervision and aftercare services for 61.20 controlled substances offenders released 61.21 from prison under Minnesota Statutes, 61.22 section 244.055. These appropriations are 61.23 not added to the department's base budget. 61.24 By January 15, 2008, the commissioner 61.25 shall report to the chairs and ranking 61.26 minority members of the senate and house 61.27 of representatives committees and divisions 61.28 having jurisdiction over criminal justice 61.29 policy and funding on how this appropriation 61.30 was spent. 61.31 REPORT ON ELECTRONIC 61.32 MONITORING OF SEX OFFENDERS. 61.33 By March 1, 2006, the commissioner shall 61.34 report to the chairs and ranking minority 61.35 members of the senate and house of 62.1 representatives committees and divisions 62.2 having jurisdiction over criminal justice 62.3 policy and funding on implementing an 62.4 electronic monitoring system for sex 62.5 offenders who are under community 62.6 supervision. The report must address the 62.7 following: 62.8 (1) the advantages and disadvantages in 62.9 implementing this system, including the 62.10 impact on public safety; 62.11 (2) the types of sex offenders who should be 62.12 subject to the monitoring; 62.13 (3) the time period that offenders should be 62.14 subject to the monitoring; 62.15 (4) the financial costs associated with the 62.16 monitoring and who should be responsible 62.17 for these costs; and 62.18 (5) the technology available for the 62.19 monitoring. 62.20 EFFECTIVE DATE.This section is effective the day following final enactment. 62.21 Sec. 34. RICHFIELD DISABLED FIREFIGHTER HEALTH CARE 62.22 ELIGIBILITY REVIEW. 62.23 Subdivision 1. Authorization. An eligible individual specified in subdivision 2 is 62.24 authorized to have a review of health care coverage eligibility as specified in subdivision 3. 62.25 Subd. 2. Eligibility. An eligible person is an individual who: 62.26 (1) was a member of the Public Employees Retirement Association police and fire 62.27 plan due to employment as a firefighter with the city of Richfield; 62.28 (2) became disabled and was granted a duty-related disability benefit from the Public 62.29 Employees Retirement Association police and fire plan on November 20, 2002; and 62.30 (3) is not receiving employer-paid health care coverage under the program 62.31 established by Minnesota Statutes, section 299A.465, due to a determination by the city 62.32 of Richfield that the individual does not satisfy all eligibility requirements for inclusion 62.33 under that program. 63.1 Subd. 3. Treatment. Notwithstanding that the disability benefit was granted 63.2 before the creation of the review panel, and notwithstanding Minnesota Statutes, section 63.3 299A.465, subdivision 6, which requires that applications for review by the panel 63.4 created under that section be submitted to the panel within 90 days of approval of a 63.5 disability benefit application by the applicable retirement plan, an eligible individual 63.6 under subdivision 2 may submit an application to the panel within 90 days of the effective 63.7 date of this section. The panel shall make a determination of whether the firefighter meets 63.8 the requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a), 63.9 clause (2). The panel's final determination is binding on the applicant and the employer, 63.10 subject to any right of judicial review. 63.11 EFFECTIVE DATE.This section is effective the day following final enactment. 63.12 ARTICLE 4 63.13 CORRECTIONS 63.14 Section 1. Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to read: 63.15 Subdivision 1. Unclassified positions. Unclassified positions are held by employees 63.16 who are: 63.17 (1) chosen by election or appointed to fill an elective office; 63.18 (2) heads of agencies required by law to be appointed by the governor or other 63.19 elective officers, and the executive or administrative heads of departments, bureaus, 63.20 divisions, and institutions specifically established by law in the unclassified service; 63.21 (3) deputy and assistant agency heads and one confidential secretary in the agencies 63.22 listed in subdivision 1a and in the Office of Strategic and Long-Range Planning; 63.23 (4) the confidential secretary to each of the elective officers of this state and, for the 63.24 secretary of state and state auditor, an additional deputy, clerk, or employee; 63.25 (5) intermittent help employed by the commissioner of public safety to assist in 63.26 the issuance of vehicle licenses; 63.27 (6) employees in the offices of the governor and of the lieutenant governor and one 63.28 confidential employee for the governor in the Office of the Adjutant General; 63.29 (7) employees of the Washington, D.C., office of the state of Minnesota; 63.30 (8) employees of the legislature and of legislative committees or commissions; 63.31 provided that employees of the Legislative Audit Commission, except for the legislative 63.32 auditor, the deputy legislative auditors, and their confidential secretaries, shall be 63.33 employees in the classified service; 64.1 (9) presidents, vice-presidents, deans, other managers and professionals in 64.2 academic and academic support programs, administrative or service faculty, teachers, 64.3 research assistants, and student employees eligible under terms of the federal Economic 64.4 Opportunity Act work study program in the Perpich Center for Arts Education and the 64.5 Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance 64.6 employees, or any professional or managerial employee performing duties in connection 64.7 with the business administration of these institutions; 64.8 (10) officers and enlisted persons in the National Guard; 64.9 (11) attorneys, legal assistants, and three confidential employees appointed by the 64.10 attorney general or employed with the attorney general's authorization; 64.11 (12) judges and all employees of the judicial branch, referees, receivers, jurors, and 64.12 notaries public, except referees and adjusters employed by the Department of Labor 64.13 and Industry; 64.14 (13) members of the State Patrol; provided that selection and appointment of State 64.15 Patrol troopers must be made in accordance with applicable laws governing the classified 64.16 service; 64.17 (14)chaplains employed by the state;64.18(15)examination monitors and intermittent training instructors employed by the 64.19 Departments of Employee Relations and Commerce and by professional examining boards 64.20 and intermittent staff employed by the technical colleges for the administration of practical 64.21 skills tests and for the staging of instructional demonstrations; 64.22(16)(15) student workers; 64.23(17)(16) executive directors or executive secretaries appointed by and reporting to 64.24 any policy-making board or commission established by statute; 64.25(18)(17) employees unclassified pursuant to other statutory authority; 64.26(19)(18) intermittent help employed by the commissioner of agriculture to perform 64.27 duties relating to pesticides, fertilizer, and seed regulation; 64.28(20)(19) the administrators and the deputy administrators at the State Academies 64.29 for the Deaf and the Blind; and 64.30(21)(20) chief executive officers in the Department of Human Services. 64.31 EFFECTIVE DATE.This section is effective July 1, 2006. 64.32 Sec. 2. Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read: 64.33 Subdivision 1. Screening of inmates. (a) All persons detained or confined for 14 64.34 consecutive days or more in facilities operated, licensed, or inspected by the Department 64.35 of Corrections shall be screened for tuberculosis with either a Mantoux test or a chest 65.1 roentgenogram (x-ray) as consistent with screening and follow-up practices recommended 65.2 by the United States Public Health Service or the Department of Health, as determined by 65.3 the commissioner of health. Administration of the Mantoux test or chest roentgenogram 65.4 (x-ray) must take place on or before the 14th day of detention or confinement. 65.5 (b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the 65.6 commissioner may order the inmate to be tested. 65.7 EFFECTIVE DATE.This section is effective July 1, 2006. 65.8 Sec. 3. [241.75] INMATE HEALTH CARE DECISIONS; MEDICAL 65.9 DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT. 65.10 Subdivision 1. Definitions. The definitions in this subdivision apply to this section. 65.11 (a) "Commissioner" means the commissioner of corrections. 65.12 (b) "Decision-making capacity" means the ability to understand the significant 65.13 benefits, risks, and alternatives to proposed health care and to make and communicate a 65.14 health care decision. 65.15 (c) "Health care agent" or "agent" means the Department of Corrections medical 65.16 director who is a licensed physician employed by the commissioner of corrections to 65.17 provide services to inmates. 65.18 (d) "Health care power of attorney" means an instrument appointing one or more 65.19 health care agents to make health care decisions for the inmate. 65.20 (e) "Health care" means any care, treatment, service, or procedure to maintain, 65.21 diagnose, or otherwise affect a person's physical or mental condition. 65.22 (f) "Health care decision" means the consent, refusal of consent, or withdrawal 65.23 of consent to health care. 65.24 (g) "Next of kin" means an inmate's spouse, parent, adult children, or adult sibling. 65.25 (h) "Principal" means the Department of Corrections medical director. 65.26 Subd. 2. Health care agent; decisions. The commissioner shall appoint the 65.27 Department of Corrections medical director as the health care agent for inmates 65.28 incarcerated in correctional facilities in the absence of a documented health care decision 65.29 maker designated by the offender. If an inmate lacks decision-making capacity as 65.30 determined by a medical doctor, and the emergency contact person is not available or has 65.31 not been appointed as a health care agent under chapter 145C, and next of kin have been 65.32 contacted but are not available, then the Department of Corrections medical director has 65.33 the authority as principal to make health care decisions for the inmate. 65.34 EFFECTIVE DATE.This section is effective July 1, 2006. 66.1 Sec. 4. Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to read: 66.2 Subd. 2. Imposition of fee. When a courtsentencesplaces a person convicted of 66.3 a crime,and places the personunder the supervision and control of a local correctional 66.4 agency, that agency may collect a local correctional fee based on the local correctional 66.5 agency's fee schedule adopted under section 244.18. 66.6 EFFECTIVE DATE.This section is effective July 1, 2006. 66.7 Sec. 5. TRANSITION. 66.8 The incumbent of a position that is transferred from the unclassified to the classified 66.9 service under section 1 is appointed to the newly classified position. 66.10 EFFECTIVE DATE.This section is effective July 1, 2006. 66.11 ARTICLE 5 66.12 COURTS AND PUBLIC DEFENDERS 66.13 Section 1. Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read: 66.14 Subdivision 1. Definition. As used in this section "court services data" means data 66.15 that are created, collected, used or maintained by a court services department, parole 66.16 or probation authority, correctional agency, or by an agent designated by the court to 66.17 perform studies or other duties and that are on individuals who are or were defendants, 66.18 parolees or probationers of amunicipal,districtor countycourt, participants in diversion 66.19 programs, petitioners or respondents to a family court, or juveniles adjudicated delinquent 66.20 and committed, detained prior to a court hearing or hearings, or found to be dependent or 66.21 neglected and placed under the supervision of the court. 66.22 EFFECTIVE DATE.This section is effective July 1, 2006. 66.23 Sec. 2. Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read: 66.24 Subd. 2. General. Unless the data is summary data or a statute, including sections 66.25 609.115 and 257.70, specifically provides a different classification, the following court 66.26 services data are classified as private pursuant to section 13.02, subdivision 12: 66.27 (a) Court services data on individuals gathered at the request of amunicipal,district 66.28or countycourt to determine the need for any treatment, rehabilitation, counseling, or any 66.29 other need of a defendant, parolee, probationer, or participant in a diversion program, 66.30 and used by the court to assist in assigning an appropriate sentence or other disposition 66.31 in a case; 67.1 (b) Court services data on petitioners or respondents to a family court gathered at 67.2 the request of the court for purposes of, but not limited to, individual, family, marriage, 67.3 chemical dependency and marriage dissolution adjustment counseling, including 67.4 recommendations to the court as to the custody of minor children in marriage dissolution 67.5 cases; 67.6 (c) Court services data on individuals gathered by psychologists in the course 67.7 of providing the court or its staff with psychological evaluations or in the course of 67.8 counseling individual clients referred by the court for the purpose of assisting them with 67.9 personal conflicts or difficulties. 67.10 EFFECTIVE DATE.This section is effective July 1, 2006. 67.11 Sec. 3. Minnesota Statutes 2004, section 16D.04, subdivision 2, is amended to read: 67.12 Subd. 2. Agency participation. (a) Astatereferring agency may, at its option, 67.13 refer debts to the commissioner for collection. The ultimate responsibility for the debt, 67.14 including the reporting of the debt to the commissioner of finance and the decision 67.15 with regard to the continuing collection and uncollectibility of the debt, remains with 67.16 the referringstateagency. 67.17 (b) When a debt owed to a state agency becomes 121 days past due, the state agency 67.18 must refer the debt to the commissioner for collection. This requirement does not apply 67.19 if there is a dispute over the amount or validity of the debt, if the debt is the subject of 67.20 legal action or administrative proceedings, or the agency determines that the debtor is 67.21 adhering to acceptable payment arrangements. The commissioner, in consultation with the 67.22 commissioner of finance, may provide that certain types of debt need not be referred to the 67.23 commissioner for collection under this paragraph. Methods and procedures for referral 67.24 must follow internal guidelines prepared by the commissioner of finance. 67.25 (c) If the referring agency is a court, the court must furnish a debtor's Social Security 67.26 number to the commissioner when the court refers the debt. 67.27 EFFECTIVE DATE.This section is effective the day following final enactment. 67.28 Sec. 4. Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read: 67.29 Subd. 3. Order. Upon finding that the applicant is authorized to exercise fiduciary 67.30 powers, the district court shall enter an order substituting the applicant bank or trust 67.31 company in every fiduciary capacity held by the affiliated bank or other bank or trust 67.32 company for which substitution is sought and which joined in the application, except as 67.33 may be otherwise specified in the application, and except for fiduciary capacities in any 68.1 account with respect to which a person beneficially interested in the account has filed 68.2 objection to the substitution and has appeared and been heard in support of the objection. 68.3 Upon entry of the order, or at a later date as may be specified in the order, the applicant 68.4 bank or trust company is substituted in every fiduciary capacity to which the order extends. 68.5 The substitution may be made a matter of record in any county of this state by filing a 68.6 certified copy of the order of substitution in the office of the court administrator of a district 68.7or countycourt, or by filing a certified copy of the order in the office of the county recorder. 68.8 EFFECTIVE DATE.This section is effective July 1, 2006. 68.9 Sec. 5. Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read: 68.10 Subd. 13. Violation of provision for stopping train at crossing. Upon the 68.11 complaint of any person, a company operating a railroad violating section 219.93 shall 68.12 forfeit not less than $20 nor more than $100 to be recovered in a civil action before a 68.13county or municipaljudge of the county in which the violation occurs. One-half of 68.14 the forfeiture must go to the complainant and one-half to the school district where the 68.15 violation occurs. 68.16 EFFECTIVE DATE.This section is effective July 1, 2006. 68.17 Sec. 6. Minnesota Statutes 2005 Supplement, section 270C.545, is amended to read: 68.18 270C.545 FEDERAL TAX REFUND OFFSET FEES; TIME LIMIT FOR 68.19 SUBMITTING CLAIMS FOR OFFSET. 68.20 For fees charged by the Department of the Treasury of the United States for the 68.21 offset of federal tax refunds that are deducted from the refund amounts remitted to the 68.22 commissioner, the unpaid debts of the taxpayers whose refunds are being offset to satisfy 68.23 the debts are reduced only by the actual amount of the refund payments received by the 68.24 commissioner. Notwithstanding any other provision of law to the contrary, a claim for 68.25 the offset of a federal tax refund must be submitted to the Department of the Treasury of 68.26 the United States within ten years after the date of the assessment of the tax owed by the 68.27 taxpayer whose refund is to be offset to satisfy the debt. For court debts referred to the 68.28 commissioner under section 16D.04, subdivision 2, paragraph (a), the federal refund offset 68.29 fees are deducted as provided in this section, but the ten-year time limit prescribed in 68.30 this section for tax debts does not apply. 68.31 EFFECTIVE DATE.This section is effective the day following final enactment. 69.1 Sec. 7. Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read: 69.2 Subdivision 1. Notice; appraisers. The person distraining shall give notice to 69.3 the owner of the beast, if known to the distrainer, within 24 hours if the owner resides 69.4 in the same town, and within 48 hours if the owner resides in another town in the same 69.5 county, Sundays excepted. The notice shall specify the time when and the place where 69.6 distrained, the number of beasts, and the place of their detention, and that at a time and 69.7 place stated therein, which shall not be less than 12 hours after the service of the notice, 69.8 nor more than three days after the distress, the distrainer will apply to a designated 69.9county or municipaljudge of the county for the appointment of appraisers to appraise the 69.10 damages. If the owner is unknown or does not reside in the county, the distraining person 69.11 shall apply for the appointment of appraisers within 24 hours after the distress without 69.12 notice. After the application, the judge shall appoint three disinterested residents of the 69.13 town to appraise the damages. 69.14 EFFECTIVE DATE.This section is effective July 1, 2006. 69.15 Sec. 8. Minnesota Statutes 2004, section 347.04, is amended to read: 69.16 347.04 PUBLIC NUISANCE. 69.17 Any dog that habitually worries, chases, or molests teams or persons traveling 69.18 peaceably on the public road is a public nuisance. Upon complaint in writing to acounty69.19or municipaldistrict court judge containing a description of the dog, including the name 69.20 of the dog and its owner, or stating that the name or names are not known, and alleging 69.21 that the dog is a public nuisance, the judge shall issue a summons, if the owner is known, 69.22 commanding the owner to appear before the judge at a specified time, not less than six 69.23 nor more than ten days from the date of the summons, to answer the complaint. The 69.24 summons shall be served not less than six days before the day of the hearing in the same 69.25 manner as other district court summonses. 69.26 EFFECTIVE DATE.This section is effective July 1, 2006. 69.27 Sec. 9. Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read: 69.28 Subdivision 1. Appointment bycountydistrict judge. A county government 69.29 study commission hereinafter called "the commission" may be established in any county 69.30 as provided in this section to study the form and structure of county government in the 69.31 county and other counties both within and outside this state and, if deemed advisable by 69.32 the commission, recommend to the voters of the county the adoption of any of the optional 69.33 forms of county government contained in sections 375A.01 to 375A.13. The commission 70.1 shall be established upon presentation of a petition requesting such action signed by voters 70.2 equal in number to five percent of the electors voting at the last previous election for the 70.3 office of governor or a resolution of the board of county commissioners of the county 70.4 requesting such action. Appointments to the commission shall be made by order filed 70.5 with the court administrator of the district court of the county and shall be made by the 70.6 seniorcountyjudge having chambers in the county. If there be no judge having chambers 70.7 in the county, appointments shall be made by the chief judge of the judicial district. The 70.8 number on the study commission shall be set by the appointing judge but not to exceed 70.9 15. A noncommissioner from each commissioner district shall be appointed to a study 70.10 commission. In addition three members shall be county commissioners and two shall be 70.11 elected county officials. An appointee who neglects to file with the court administrator 70.12 within 15 days a written acceptance shall be deemed to have declined the appointment 70.13 and the place shall be filled as though the appointee had resigned. Vacancies in the 70.14 commission shall be filled as in the case of original appointments. The county board, the 70.15 commission, or the petitioners requesting the appointment of the commission may submit 70.16 to the appointing judge the names of eligible nominees which the appointing judge may 70.17 consider in making appointments to the commission. 70.18 EFFECTIVE DATE.This section is effective July 1, 2006. 70.19 Sec. 10. Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read: 70.20 Subd. 2. May relocate Bloomington court. Notwithstanding the provisions 70.21 of section 488A.01, subdivision 9, the county of Hennepin may relocate themunicipal70.22 district court serving the city of Bloomington and thereupon shall provide suitable quarters 70.23 for the holding of regular terms of court in a southern suburban location within the county 70.24 as may be designated by a majority of the judges of the court. All functions of the court 70.25 may be discharged, including both court and jury trials of civil and criminal matters, at the 70.26 location designated pursuant to this section. Nothing in this section shall be construed to 70.27 reduce the level of services to the residents of the city of Bloomington. 70.28 EFFECTIVE DATE.This section is effective July 1, 2006. 70.29 Sec. 11. Minnesota Statutes 2004, section 390.20, is amended to read: 70.30 390.20 PERSON CHARGED ARRESTED. 70.31 If any person charged by the inquest with having committed the offense is not in 70.32 custody, the coroner shall have the same power as acounty or municipaldistrict court judge 71.1 to issue process for the person's apprehension. The warrant shall be returnable before any 71.2 court having jurisdiction in the case and the court shall proceed as in similar cases. 71.3 EFFECTIVE DATE.This section is effective July 1, 2006. 71.4 Sec. 12. Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read: 71.5 Subd. 2. Subpoena power. The judge exercising probate jurisdiction may issue 71.6 subpoenas for witnesses, returnable immediately or at a time and place the judge directs. 71.7 The persons served with subpoenas shall be allowed the same fees, the sheriff shall enforce 71.8 their attendance in the same manner, and they shall be subject to the same penalties as if 71.9 they had been served with a subpoena in behalf of the state in a criminal case before a 71.10county or municipaldistrict court judge. 71.11 EFFECTIVE DATE.This section is effective July 1, 2006. 71.12 Sec. 13. Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read: 71.13 Subdivision 1. State employees; compensation. (a) District court referees, judicial 71.14 officers, court reporters, law clerks, district administration staff, other than district 71.15 administration staff in the Second and Fourth Judicial Districts, guardian ad litem program 71.16 coordinators and staff, staff court interpreters in the Second Judicial District, court 71.17 psychological services staff in the Fourth Judicial District, and other court employees 71.18 under paragraph (b), are state employees and are governed by the judicial branch 71.19 personnel rules adopted by the Supreme Court. The Supreme Court, in consultation with 71.20 theconference of chief judgesJudicial Council, shall establish the salary range of these 71.21 employees under the judicial branch personnel rules. In establishing the salary ranges, the 71.22 Supreme Court shall consider differences in the cost of living in different areas of the state. 71.23 (b) The court administrator and employees of the court administrator who are 71.24 in the Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court 71.25 administrator and employees of the court administrator in the remaining judicial districts 71.26 become state employees as follows: 71.27 (1) effective July 1, 2003, for the Second and Fourth Judicial Districts; 71.28 (2) effective July 1, 2004, for the First and Third Judicial Districts; and 71.29 (3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts. 71.30 EFFECTIVE DATE.This section is effective July 1, 2006. 71.31 Sec. 14. Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read: 72.1 Subd. 2. Election to retain insurance and benefits; retirement. (a) Before a 72.2 person is transferred to state employment under this section, the person may elect to do 72.3 either or both of the following: 72.4 (1) keep life insurance; hospital, medical, and dental insurance; and vacation and 72.5 sick leave benefits and accumulated time provided by the county instead of receiving 72.6 benefits from the state under the judicial branch personnel rules; or 72.7 (2) remain a member of the Public Employees Retirement Association or the 72.8 Minneapolis employees retirement fund instead of joining the Minnesota State Retirement 72.9 System. 72.10 Employees who make an election under clause (1) remain on the county payroll, 72.11 but the state shall reimburse the county on a quarterly basis for the salary and cost of the 72.12 benefits provided by the county. The state shall make the employer contribution to the 72.13 Public Employees Retirement Association or the employer contribution under section 72.14 422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of 72.15 employees who make an election under clause (2). 72.16 (b) An employee who makes an election under paragraph (a), clause (1), may revoke 72.17 the election, once, at any time, but if the employee revokes the election, the employee 72.18 cannot make another election. An employee who makes an election under paragraph (a), 72.19 clause (2), may revoke the election at any time within six months after the person becomes 72.20 a state employee. Once an employee revokes this election, the employee cannot make 72.21 another election. 72.22 (c) The Supreme Court, after consultation with theconference of chief judges72.23 Judicial Council, the commissioner of employee relations, and the executive directors 72.24 of the Public Employees Retirement Association and the Minnesota State Retirement 72.25 Association, shall adopt procedures for making elections under this section. 72.26 (d) The Supreme Court shall notify all affected employees of the options available 72.27 under this section. The executive directors of the Public Employees Retirement 72.28 Association and the Minnesota State Retirement System shall provide counseling to 72.29 affected employees on the effect of making an election to remain a member of the Public 72.30 Employees Retirement Association. 72.31 EFFECTIVE DATE.This section is effective July 1, 2006. 72.32 Sec. 15. Minnesota Statutes 2004, section 480.182, is amended to read: 72.33 480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS. 73.1(a)Notwithstanding any law to the contrary, the state courts will pay for the 73.2 following court-related programs and costs: 73.3 (1) court interpreter program costs, including the costs of hiring court interpreters; 73.4 (2) guardian ad litem program and personnel costs; 73.5 (3) examination costs, not including hospitalization or treatment costs, for mental 73.6 commitments and related proceedings under chapter 253B; 73.7 (4) examination costs under rule 20 of the Rules of Criminal Procedure; 73.8 (5) in forma pauperis costs; 73.9 (6) costs for transcripts mandated by statute, except in appeal cases and 73.10 postconviction cases handled by the Board of Public Defense;and73.11 (7) jury program costs, not including personnel.; and 73.12(b) In counties in a judicial district under section480.181, subdivision 1, paragraph73.13(b), the state courts shall pay the(8) witness fees and mileage fees specified in sections 73.14 253B.23, subdivision 1; 260B.152, subdivision 2; 260C.152, subdivision 2; 260B.331, 73.15 subdivision 3, clause (a); 260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012, 73.16 subdivision 5; and 627.02. 73.17 EFFECTIVE DATE.This section is effective July 1, 2006. 73.18 Sec. 16. Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read: 73.19 Subdivision 1. General. The district courts shall have original jurisdiction in the 73.20 following cases: 73.21 (1) all civil actions within their respective districts,; 73.22 (2) in all cases of crime committed or triable therein,; 73.23 (3) in all special proceedings not exclusively cognizable by some other court or 73.24 tribunal, and; 73.25 (4) in law and equity for the administration of estates of deceased persons and all 73.26 guardianship and incompetency proceedings; 73.27 (5) the jurisdiction of a juvenile court as provided in chapter 260; 73.28 (6) proceedings for the management of the property of persons who have 73.29 disappeared, and actions relating thereto, as provided in chapter 576; and 73.30 (7) in all other cases wherein such jurisdiction is especially conferred upon them 73.31 by law. 73.32 They shall also have appellate jurisdiction in every case in which an appeal thereto 73.33 is allowed by law from any other court, officer, or body. 73.34 EFFECTIVE DATE.This section is effective July 1, 2006. 74.1 Sec. 17. Minnesota Statutes 2004, section 484.011, is amended to read: 74.2 484.011 JURISDICTIONIN SECOND AND FOURTH JUDICIAL74.3DISTRICTS. 74.4In the Second and Fourth Judicial DistrictsThe district court shall also be a probate 74.5 court. 74.6 EFFECTIVE DATE.This section is effective July 1, 2006. 74.7 Sec. 18. Minnesota Statutes 2004, section 484.012, is amended to read: 74.8 484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND 74.9 JUDICIAL DISTRICT. 74.10 Notwithstanding section 525.09 the judicial district administrator in the Second 74.11 Judicial District may appoint a court administrator of the Probate Court for the district 74.12 subject to the approval of the chief judge and assistant chief judge who shall serve at 74.13 the pleasure of the judges of the district, and who shall be supervised by the judicial 74.14 district administrator, and whose salary shall be fixed by the Ramsey County Board of74.15Commissioners. 74.16 EFFECTIVE DATE.This section is effective July 1, 2006. 74.17 Sec. 19. Minnesota Statutes 2004, section 484.45, is amended to read: 74.18 484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY. 74.19 It is hereby made the duty of the board of county commissioners of the county of 74.20 St. Louis to furnish and maintain adequate accommodations for the holding of terms of 74.21 the district court at the city of Hibbing, and the city of Virginia, proper offices for these 74.22 deputies and a proper place for the confinement and maintenance of the prisoners at the 74.23 city of Hibbing and the city of Virginia. 74.24 The county shall reimburse thecourt administrator and deputies as herein provided74.25for and thecounty attorney and assistantsand the district judges of the district and the74.26official court reporterfor their traveling expenses actually and necessarily incurred in the 74.27 performance of their respective official duties. 74.28 EFFECTIVE DATE.This section is effective July 1, 2006. 74.29 Sec. 20. Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read: 74.30 Subd. 3. Reimbursement filings. Each judge claiming reimbursement for allowable 74.31 expenses may file with the supreme court monthly and shall file not later than 90 days after 75.1 the expenses are incurred, an itemized statement, verified by the judge, of all allowable 75.2 expenses actually paid by the judge. All statements shall be audited by the Supreme Court 75.3 and, if approved by the Supreme Court, shall be paidby the commissioner of financefrom 75.4 appropriations for this purpose. 75.5 EFFECTIVE DATE.This section is effective July 1, 2006. 75.6 Sec. 21. Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read: 75.7 Subdivision 1. Law clerk appointments.TheEach districtjudges regularly75.8assigned to hold court in each judicial district except for the Second, Fourth, and Tenth75.9Judicial Districts may by orders filed with the court administrator and county auditor of75.10each county in the districtjudge may appoint a competent law clerkfor every two district75.11court judges of the judicial district. The district judges regularly assigned to hold court75.12in the First and Tenth Judicial Districts may by orders filed with the court administrator75.13and county auditor of each county in the district appoint a competent law clerk for each75.14district court judge of the district. 75.15 EFFECTIVE DATE.This section is effective July 1, 2006. 75.16 Sec. 22. Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read: 75.17 Subd. 3. Chambers and supplies. The Board of County Commissioners of Ramsey 75.18 County shall provide suitable chambers and courtroom space, clerks,and bailiffs,and75.19other personnel to assist said judge,together with necessary library,supplies, stationery75.20 and other expenses necessarythereto. The state shall provide referees, court reporters, law 75.21 clerks, and guardian ad litem program coordinators and staff. 75.22 EFFECTIVE DATE.This section is effective July 1, 2006. 75.23 Sec. 23. Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read: 75.24 Subd. 3. Space; personnel; supplies. The Board of County Commissioners of 75.25 Hennepin County shall provide suitable chambers and courtroom space, clerks,and 75.26 bailiffs,and other personnel to assist said judge,together with necessary library,supplies,75.27stationeryand other expenses necessarythereto. The state shall provide referees, court 75.28 reporters, law clerks, and guardian ad litem program coordinators and staff. 75.29 EFFECTIVE DATE.This section is effective July 1, 2006. 75.30 Sec. 24. Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read: 76.1 Subdivision 1. Appointment.By November 1, 1977,The chief judge of the judicial 76.2 district in each judicial district shall appoint a single district administrator, subject to the 76.3 approval of the Supreme Court, with the advice of the judges of the judicial district. 76.4 The district administrator shall serve at the pleasure of a majority of the judges of 76.5 the judicial district. 76.6 EFFECTIVE DATE.This section is effective July 1, 2006. 76.7 Sec. 25. Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to read: 76.8 Subd. 5. Rules. The Supreme Court, in consultation with the conference of chief76.9judges,shall adopt rules to implement the expedited child support hearing process under 76.10 this section. 76.11 EFFECTIVE DATE.This section is effective July 1, 2006. 76.12 Sec. 26. [484.80] LOCATION OF TRIAL RULE. 76.13 If a municipality is located in more than one county or district, the county in which 76.14 the city hall of the municipality is located determines the county or district in which the 76.15 municipality shall be deemed located for the purposes of this chapter provided, however, 76.16 that the municipality by ordinance enacted may designate, for those purposes, some other 76.17 county or district in which a part of the municipality is located. 76.18 EFFECTIVE DATE.This section is effective July 1, 2006. 76.19 Sec. 27. [484.81] PLEADING; PRACTICE; PROCEDURE. 76.20 Subdivision 1. General. Pleading, practice, procedure, and forms in civil actions 76.21 shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme 76.22 Court. 76.23 Subd. 2. Court rules. The court may adopt rules governing pleading, practice, 76.24 procedure, and forms for civil actions which are not inconsistent with the provisions of 76.25 governing statutes. 76.26 EFFECTIVE DATE.This section is effective July 1, 2006. 76.27 Sec. 28. [484.82] MISDEMEANOR OFFENSES. 76.28 A person who receives a misdemeanor citation shall proceed as follows: when a 76.29 fine is not paid, the person charged must appear before the court at the time specified in 76.30 the citation. If appearance before a misdemeanor bureau is designated in the citation, the 77.1 person charged must appear within the time specified in the citation and arrange a date for 77.2 arraignment in the district court. 77.3 EFFECTIVE DATE.This section is effective July 1, 2006. 77.4 Sec. 29. [484.83] REINSTATEMENT OF FORFEITED SUMS. 77.5 A district court judge may order any sums forfeited to be reinstated and the 77.6 commissioner of finance shall then refund accordingly. The commissioner of finance shall 77.7 reimburse the court administrator if the court administrator refunds the deposit upon a 77.8 judge's order and obtains a receipt to be used as a voucher. 77.9 EFFECTIVE DATE.This section is effective July 1, 2006. 77.10 Sec. 30. [484.84] DISPOSITION OF FINES, FEES, AND OTHER MONEY 77.11 ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT. 77.12 Subdivision 1. Disposition of fines, fees and other money; accounts. (a) 77.13 Except as otherwise provided herein and except as otherwise provided by law, the 77.14 court administrator shall pay to the Hennepin county treasurer all fines and penalties 77.15 collected by the court administrator, all fees collected by the court administrator for court 77.16 administrator's services, all sums forfeited to the court as hereinafter provided, and all 77.17 other money received by the court administrator. 77.18 (b) The court administrator shall provide the county treasurer with the name of the 77.19 municipality or other subdivision of government where the offense was committed and 77.20 the name and official position of the officer who prosecuted the offense for each fine or 77.21 penalty, and the total amount of fines or penalties collected for each such municipality or 77.22 other subdivision of government or for the county. 77.23 (c) At the beginning of the first day of any month the amount owing to any 77.24 municipality or county in the hands of the court administrator shall not exceed $5,000. 77.25 (d) On or before the last day of each month the county treasurer shall pay over to 77.26 the treasurer of each municipality or subdivision of government in Hennepin County all 77.27 fines or penalties collected during the previous month for offenses committed within 77.28 such municipality or subdivision of government, except that all such fines and penalties 77.29 attributable to cases in which the county attorney had charge of the prosecution shall be 77.30 retained by the county treasurer and credited to the county general revenue fund. 77.31 (e) Amounts represented by checks issued by the court administrator or received by 77.32 the court administrator which have not cleared by the end of the month may be shown 78.1 on the monthly account as having been paid or received, subject to adjustment on later 78.2 monthly accounts. 78.3 (f) The court administrator may receive negotiable instruments in payment of fines, 78.4 penalties, fees or other obligations as conditional payments, and is not held accountable 78.5 therefor until collection in cash is made and then only to the extent of the net collection 78.6 after deduction of the necessary expense of collection. 78.7 Subd. 2. Fees payable to administrator. (a) The civil fees payable to the 78.8 administrator for services are the same in amount as the fees then payable to the District 78.9 Court of Hennepin County for like services. Library and filing fees are not required of 78.10 the defendant in an eviction action. The fees payable to the administrator for all other 78.11 services of the administrator or the court shall be fixed by rules promulgated by a majority 78.12 of the judges. 78.13 (b) Fees are payable to the administrator in advance. 78.14 (c) Judgments will be entered only upon written application. 78.15 (d) The following fees shall be taxed for all charges filed in court where applicable: 78.16 (1) the state of Minnesota and any governmental subdivision within the jurisdictional 78.17 area of any district court herein established may present cases for hearing before said 78.18 district court; 78.19 (2) in the event the court takes jurisdiction of a prosecution for the violation of a 78.20 statute or ordinance by the state or a governmental subdivision other than a city or town 78.21 in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to 78.22 the treasurer of the governmental subdivision which submitted charges for prosecution 78.23 under ordinance violation and to the county treasurer in all other charges except where 78.24 a different disposition is provided by law, in which case, payment shall be made to the 78.25 public official entitled thereto. 78.26 (e) The following fees shall be taxed to the county or to the state or governmental 78.27 subdivision which would be entitled to payment of the fines, forfeiture or penalties in any 78.28 case, and shall be paid to the court administrator for disposing of the matter: 78.29 (1) For each charge where the defendant is brought into court and pleads guilty and 78.30 is sentenced, or the matter is otherwise disposed of without trial, $5. 78.31 (2) In arraignments where the defendant waives a preliminary examination, $10. 78.32 (3) For all other charges where the defendant stands trial or has a preliminary 78.33 examination by the court, $15. 78.34 (f) This paragraph applies to the distribution of fines paid by defendants without a 78.35 court appearance in response to a citation. On or before the tenth day after the last day of 78.36 the month in which the money was collected, the county treasurer shall pay 80 percent 79.1 of the fines to the treasurer of the municipality or subdivision within the county where 79.2 the violation was committed. The remainder of the fines shall be credited to the general 79.3 revenue fund of the county. 79.4 EFFECTIVE DATE.This section is effective July 1, 2006. 79.5 Sec. 31. [484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY; 79.6 ACCOUNTS; RAMSEY COUNTY DISTRICT COURT. 79.7 (a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 79.8 for the violation of a statute or ordinance by the state or a governmental subdivision other 79.9 than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 79.10 paid over to the county treasurer except where a different disposition is provided by law, 79.11 and the following fees shall be taxed to the state or governmental subdivision other than 79.12 a city or town within Ramsey County which would be entitled to payment of the fines, 79.13 forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 79.14 disposal of the matter. The administrator shall deduct the fees from any fine collected for 79.15 the state of Minnesota or a governmental subdivision other than a city or town within 79.16 Ramsey County and transmit the balance in accordance with the law, and the deduction of 79.17 the total of the fees each month from the total of all the fines collected is hereby expressly 79.18 made an appropriation of funds for payment of the fees: 79.19 (1) in all cases where the defendant is brought into court and pleads guilty and is 79.20 sentenced, or the matter is otherwise disposed of without a trial, $5; 79.21 (2) in arraignments where the defendant waives a preliminary examination, $10; 79.22 (3) in all other cases where the defendant stands trial or has a preliminary 79.23 examination by the court, $15; and 79.24 (4) the court shall have the authority to waive the collection of fees in any particular 79.25 case. 79.26 (b) On or before the last day of each month, the county treasurer shall pay over 79.27 to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 79.28 collected and to the treasurer of each other municipality or subdivision of government in 79.29 Ramsey County one-half of all fines or penalties collected during the previous month from 79.30 those imposed for offenses committed within the treasurer's municipality or subdivision 79.31 of government in violation of a statute; an ordinance; or a charter provision, rule, or 79.32 regulation of a city. All other fines and forfeitures and all fees and costs collected by the 79.33 district court shall be paid to the treasurer of Ramsey County, who shall dispense the 79.34 same as provided by law. 80.1 EFFECTIVE DATE.This section is effective July 1, 2006. 80.2 Sec. 32. [484.86] COURT DIVISIONS. 80.3 Subdivision 1. Authority. Subject to the provisions of section 244.19 and rules of 80.4 the Supreme Court, a court may establish a probate division, a family court division, 80.5 juvenile division, and a civil and criminal division which shall include a conciliation 80.6 court, and may establish within the civil and criminal division a traffic and ordinance 80.7 violations bureau. 80.8 Subd. 2. Establishment. The court may establish, consistent with Rule 23 of the 80.9 Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines. 80.10 EFFECTIVE DATE.This section is effective July 1, 2006. 80.11 Sec. 33. [484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN 80.12 CRIMINAL PROCEEDINGS. 80.13 Subdivision 1. Right to jury trial. In any prosecution brought in a district court in 80.14 which conviction of the defendant for the offense charged could result in imprisonment, 80.15 the defendant has the right to a jury trial. 80.16 Subd. 2. Prosecuting attorneys in Hennepin and Ramsey Counties. In the 80.17 counties of Hennepin and Ramsey, except as otherwise provided in this subdivision and 80.18 section 388.051, subdivision 2, the attorney of the municipality in which the violation is 80.19 alleged to have occurred has charge of the prosecution of all violations of the state laws, 80.20 including violations which are gross misdemeanors, and municipal charter provisions, 80.21 ordinances, rules, and regulations triable in the district court, and shall prepare complaints 80.22 for the violations. The county attorney has charge of the prosecution of a violation triable 80.23 in district court and shall prepare a complaint for the violation: 80.24 (1) if the county attorney is specifically designated by law as the prosecutor for the 80.25 particular violation charged; or 80.26 (2) if the alleged violation is of state law and is alleged to have occurred in a 80.27 municipality or other subdivision of government whose population according to the most 80.28 recent federal decennial census is less than 2,500 and whose governing body, or the town 80.29 board in the case of a town, has accepted this clause by majority vote, and if the defendant 80.30 is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a 80.31 member of the State Patrol. 80.32 Clause (2) shall not apply to a municipality or other subdivision of government 80.33 whose population according to the most recent federal decennial census is 2,500 or more, 80.34 regardless of whether or not it has previously accepted clause (2). 81.1 Subd. 3. Prosecuting attorneys. Except as provided in subdivision 2 and as 81.2 otherwise provided by law, violations of state law that are petty misdemeanors or 81.3 misdemeanors must be prosecuted by the attorney of the statutory or home rule charter 81.4 city where the violation is alleged to have occurred, if the city has a population greater 81.5 than 600. If a city has a population of 600 or less, it may, by resolution of the city council, 81.6 and with the approval of the board of county commissioners, give the duty to the county 81.7 attorney. In cities of the first, second, and third class, gross misdemeanor violations of 81.8 sections 609.52, 609.535, 609.595, 609.631, and 609.821 must be prosecuted by the 81.9 attorney of the city where the violation is alleged to have occurred. The statutory or 81.10 home rule charter city may enter into an agreement with the county board and the 81.11 county attorney to provide prosecution services for any criminal offense. All other petty 81.12 misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the 81.13 county attorney of the county in which the alleged violation occurred. All violations of 81.14 a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the 81.15 attorney for the governmental unit that promulgated the municipal ordinance, charter 81.16 provision, rule, or regulation, regardless of its population, or by the county attorney with 81.17 whom it has contracted to prosecute these matters. 81.18 In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of 81.19 state law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as 81.20 provided in section 388.051, subdivision 2, must be prosecuted by the attorney of the 81.21 statutory or home rule charter city where the violation is alleged to have occurred. The 81.22 statutory or home rule charter city may enter into an agreement with the county board and 81.23 the county attorney to provide prosecution services for any criminal offense. All other 81.24 petty misdemeanors, misdemeanors, or gross misdemeanors must be prosecuted by the 81.25 county attorney of the county in which the alleged violation occurred. All violations of 81.26 a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the 81.27 attorney for the governmental unit that promulgated the municipal ordinance, charter 81.28 provision, rule, or regulation or by the county attorney with whom it has contracted to 81.29 prosecute these matters. 81.30 Subd. 4. Presumption of innocence; conviction of lowest degree. In an action 81.31 or proceeding charging a violation of an ordinance of any subdivision of government in 81.32 Hennepin County, if such ordinance is the same or substantially the same as a state law, 81.33 the provisions of section 611.02 shall apply. 81.34 Subd. 5. Assistance of attorney general. An attorney for a statutory or home 81.35 rule charter city in the metropolitan area, as defined in section 473.121, subdivision 2, 81.36 may request, and the attorney general may provide, assistance in prosecuting nonfelony 82.1 violations of section 609.66, subdivision 1; 609.666; 624.713, subdivision 2; 624.7131, 82.2 subdivision 11; 624.7132, subdivision 15; 624.714, subdivision 1 or 10; 624.7162, 82.3 subdivision 3; or 624.7181, subdivision 2. 82.4 EFFECTIVE DATE.This section is effective July 1, 2006. 82.5 Sec. 34. [484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO 82.6 COUNTY. 82.7 A municipality or other subdivision of government seeking to use the county 82.8 attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county 82.9 board of its intention to use the services of the county attorney at least 60 days prior to 82.10 the adoption of the board's annual budget each year. A municipality may enter into an 82.11 agreement with the county board and the county attorney to provide prosecution services 82.12 for any criminal offense on a case-by-case basis. 82.13 EFFECTIVE DATE.This section is effective July 1, 2006. 82.14 Sec. 35. [484.89] ORDER FOR PRISON RELEASE. 82.15 When a person is confined to the Hennepin County Adult Correctional Facility and a 82.16 fine is remitted or a sentence is stayed or suspended, the person released on parole, or the 82.17 release of the person secured by payment of the fine in default of which the person was 82.18 committed, the prisoner shall not be released except upon order of the court. A written 82.19 transcript of such order signed by the court administrator and under the court's seal shall 82.20 be furnished to the superintendent of the Hennepin County Adult Correctional Facility. 82.21 All cost of confinement or imprisonment in any jail or correctional facility shall be paid by 82.22 the municipality or subdivision of government in Hennepin County in which the violation 82.23 occurred, except that the county shall pay all costs of confinement or imprisonment 82.24 incurred as a result of a prosecution of a gross misdemeanor. 82.25 EFFECTIVE DATE.This section is effective July 1, 2006. 82.26 Sec. 36. [484.90] FEES PAYABLE TO COURT ADMINISTRATOR. 82.27 Subdivision 1. Fees. The fees payable to the court administrator for the following 82.28 services in petty misdemeanors or criminal actions are governed by the following 82.29 provisions: 82.30 In the event the court takes jurisdiction of a prosecution for the violation of a statute 82.31 or ordinance by the state or a governmental subdivision other than a city or town within 82.32 the county court district; all fines, penalties and forfeitures collected shall be paid over 83.1 to the treasurer of the governmental subdivision which submitted a case for prosecution 83.2 except where a different disposition is provided by law, in which case payment shall 83.3 be made to the public official entitled thereto. The following fees for services in petty 83.4 misdemeanor or criminal actions shall be taxed to the state or governmental subdivision 83.5 which would be entitled to payment of the fines, forfeiture or penalties in any case, and 83.6 shall be retained by the court administrator for disposing of the matter but in no case shall 83.7 the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct 83.8 the fees from any fine collected and transmit the balance in accordance with the law, and 83.9 the deduction of the total of such fees each month from the total of all such fines collected 83.10 is hereby expressly made an appropriation of funds for payment of such fees: 83.11 (1) in all cases where the defendant pleads guilty at or prior to first appearance and 83.12 sentence is imposed or the matter is otherwise disposed of without a trial, $5; 83.13 (2) where the defendant pleads guilty after first appearance or prior to trial, $10; 83.14 (3) in all other cases where the defendant is found guilty by the court or jury or 83.15 pleads guilty during trial, $15; and 83.16 (4) the court shall have the authority to waive the collection of fees in any particular 83.17 case. 83.18 The fees set forth in this subdivision shall not apply to parking violations for which 83.19 complaints and warrants have not been issued. 83.20 Subd. 2. Miscellaneous fees. Fees payable to the court administrator for all other 83.21 services shall be fixed by court rule. 83.22 Subd. 3. Payment in advance. Except as provided in subdivision 1, fees are 83.23 payable to the court administrator in advance. 83.24 Subd. 4. Fines paid by check. Amounts represented by checks issued by the court 83.25 administrator or received by the court administrator which have not cleared by the end of 83.26 the month may be shown on the monthly account as having been paid or received, subject 83.27 to adjustment on later monthly accounts. 83.28 Subd. 5. Checks. The court administrator may receive checks in payment of fines, 83.29 penalties, fees or other obligations as conditional payments, and is not held accountable 83.30 therefor until collection in cash is made and then only to the extent of the net collection 83.31 after deduction of the necessary expense of collection. 83.32 Subd. 6. Allocation. The court administrator shall provide the county treasurer with 83.33 the name of the municipality or other subdivision of government where the offense was 83.34 committed which employed or provided by contract the arresting or apprehending officer 83.35 and the name of the municipality or other subdivision of government which employed the 83.36 prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 84.1 penalty and the total amount of fines or penalties collected for each municipality or other 84.2 subdivision of government. On or before the last day of each month, the county treasurer 84.3 shall pay over to the treasurer of each municipality or subdivision of government within 84.4 the county all fines or penalties for parking violations for which complaints and warrants 84.5 have not been issued and one third of all fines or penalties collected during the previous 84.6 month for offenses committed within the municipality or subdivision of government 84.7 from persons arrested or issued citations by officers employed by the municipality or 84.8 subdivision or provided by the municipality or subdivision by contract. An additional one 84.9 third of all fines or penalties shall be paid to the municipality or subdivision of government 84.10 providing prosecution of offenses of the type for which the fine or penalty is collected 84.11 occurring within the municipality or subdivision, imposed for violations of state statute 84.12 or of an ordinance, charter provision, rule, or regulation of a city whether or not a guilty 84.13 plea is entered or bail is forfeited. Except as provided in section 299D.03, subdivision 5, 84.14 or as otherwise provided by law, all other fines and forfeitures and all fees and statutory 84.15 court costs collected by the court administrator shall be paid to the county treasurer of the 84.16 county in which the funds were collected who shall dispense them as provided by law. 84.17 In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), all 84.18 other fines, forfeitures, fees, and statutory court costs must be paid to the commissioner of 84.19 finance for deposit in the state treasury and credited to the general fund. 84.20 EFFECTIVE DATE.This section is effective July 1, 2006. 84.21 Sec. 37. [484.91] MISDEMEANOR VIOLATIONS BUREAUS. 84.22 Subdivision 1. Establishment. Misdemeanor violations bureaus shall be established 84.23 in Minneapolis, a southern suburb location, and at any other northern and western 84.24 suburban locations dispersed throughout the county as may be designated by a majority of 84.25 the judges of the court. 84.26 Subd. 2. Supervision. The court shall supervise and the court administrator 84.27 shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the 84.28 Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court 84.29 administrator shall assign one or more deputy court administrators to discharge and 84.30 perform the duties of the bureau. 84.31 Subd. 3. Uniform traffic ticket. The Hennepin County Board may alter by deletion 84.32 or addition the uniform traffic ticket, provided in section 169.99, in such manner as it 84.33 deems advisable for use in Hennepin County. 84.34 Subd. 4. Procedure by person receiving misdemeanor citation. A person who 84.35 receives a misdemeanor or petty misdemeanor citation shall proceed as follows: 85.1 (a) If a fine for the violation may be paid at the bureau without appearance before a 85.2 judge, the person charged may pay the fine in person or by mail to the bureau within the 85.3 time specified in the citation. Payment of the fine shall be deemed to be the entry of a 85.4 plea of guilty to the violation charged and a consent to the imposition of a sentence for the 85.5 violation in the amount of the fine paid. A receipt shall be issued to evidence the payment 85.6 and the receipt shall be satisfaction for the violation charged in that citation. 85.7 (b) When a fine is not paid, the person charged must appear at a bureau within the 85.8 time specified in the citation, state whether the person desires to enter a plea of guilty or 85.9 not guilty, arrange for a date for arraignment in court and appear in court for arraignment 85.10 on the date set by the bureaus. 85.11 EFFECTIVE DATE.This section is effective July 1, 2006. 85.12 Sec. 38. [484.92] ADDITIONAL EMPLOYEES. 85.13 Subdivision 1. Bailiffs. The sheriff of a county shall furnish to the district court 85.14 deputies to serve as bailiffs within the county as the court may request. The county board 85.15 may, with the approval of the chief judge of the district, contract with any municipality, 85.16 upon terms agreed upon, for the services of police officers of the municipality to act as 85.17 bailiffs in the county district court. 85.18 Nothing contained herein shall be construed to limit the authority of the court to 85.19 employ probation officers with the powers and duties prescribed in section 244.19. 85.20 Subd. 2. Transcription of court proceedings. Electronic recording equipment may 85.21 be used for the purposes of Laws 1971, chapter 951, to record court proceedings in lieu of 85.22 a court reporter. However, at the request of any party to any proceedings the court may in 85.23 its discretion require the proceedings to be recorded by a competent court reporter who 85.24 shall perform such additional duties as the court directs. The salary of a reporter shall be 85.25 set in accordance with the procedure provided by sections 486.05 and 486.06. 85.26 EFFECTIVE DATE.This section is effective July 1, 2006. 85.27 Sec. 39. Minnesota Statutes 2005 Supplement, section 485.01, is amended to read: 85.28 485.01 APPOINTMENT; BOND; DUTIES. 85.29 A clerk of the district court for each county within the judicial district, who shall be 85.30 known as the court administrator, shall be appointed by a majority of the district court 85.31 judges in the district.The clerk, before entering upon the duties of office, shall give bond85.32to the state, to be approved by the chief judge of the judicial district, conditioned for the85.33faithful discharge of official duties. The bond, withAn oath of office, shall be recorded 86.1 with thecounty recordercourt administrator. Theclerkcourt administrator shall perform 86.2 all duties assigned by law and by the rules of the court. Theclerkcourt administrator 86.3 and alldeputy clerksdeputies must not practice as attorneys in the court in which they 86.4 are employed. 86.5 The duties, functions, and responsibilities which have been and may be required 86.6 by law or rule to be performed by the clerk of district court shall be performed by the 86.7 court administrator. 86.8 EFFECTIVE DATE.This section is effective July 1, 2006. 86.9 Sec. 40. Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read: 86.10 Subd. 5. Collection of fees. The court administrator of district court shall charge and 86.11 collect all fees as prescribed by law and all such fees collected by the court administrator 86.12 as court administrator of district court shall be paid to thecounty treasurerDepartment of 86.13 Finance. Except for those portions of forfeited bail paid to victims pursuant to existing 86.14 law, thecounty treasurercourt administrator shall forward all revenue from fees and 86.15 forfeited bail collected under chapters 357, 487, and 574 to the commissioner of finance 86.16 for deposit in the state treasury and credit to the general fund, unless otherwise provided in 86.17 chapter 611A or other law, in the manner and at the times prescribed by the commissioner 86.18 of finance, but not less often than once each month. If the defendant or probationer 86.19 is located after forfeited bail proceeds have been forwarded to the commissioner of 86.20 finance, the commissioner of finance shall reimburse the county, on request, for actual 86.21 costs expended for extradition, transportation, or other costs necessary to return the 86.22 defendant or probationer to the jurisdiction where the bail was posted, in an amount not 86.23 more than the amount of forfeited bail. The court administrator of district court shall not 86.24 retain any additional compensation, per diem or other emolument for services as court 86.25 administrator of district court, but may receive and retain mileage and expense allowances 86.26 as prescribed by law. 86.27 EFFECTIVE DATE.This section is effective July 1, 2006. 86.28 Sec. 41. Minnesota Statutes 2004, section 485.021, is amended to read: 86.29 485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT 86.30 ADMINISTRATOR. 86.31 When money is paid into court pursuant to court order, the court administrator of 86.32 district court, unless the court order specifies otherwise, may place such moneys with the 86.33county treasurerDepartment of Finance for investment, as provided by law. When such 87.1 moneys are subsequently released, or otherwise treated, by court order, the same shall be 87.2 immediately paid over by the county treasurer to the court administrator of district court 87.3 who shall then fulfill the direction of the court order relative to such moneys. 87.4 EFFECTIVE DATE.This section is effective July 1, 2006. 87.5 Sec. 42. Minnesota Statutes 2005 Supplement, section 485.03, is amended to read: 87.6 485.03 DEPUTIES. 87.7 (a) The county board shall determine the number of permanent full time deputies, 87.8 clerks and other employees in the office of the court administrator of district court and 87.9 shall fix the compensation for each position. The county board shall also budget for 87.10 temporary deputies and other employees and shall fix their rates of compensation. 87.11 This paragraph does not apply to a county in a judicial district under section 480.181, 87.12 subdivision 1, paragraph (b). 87.13 (b) The court administrator shall appoint in writing the deputies and other 87.14 employees, for whose acts the court administrator shall be responsible, and whom the87.15court administrator may remove at pleasure. Before each enters upon official duties, 87.16 the appointment and oath of each shall be recorded with thecounty recordercourt 87.17 administrator. 87.18 EFFECTIVE DATE.This section is effective July 1, 2006. 87.19 Sec. 43. Minnesota Statutes 2005 Supplement, section 485.05, is amended to read: 87.20 485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY. 87.21 In all counties in the state now or hereafter having a population of more than 150,000 87.22 and wherein regular terms of the district court are held in three or more places, the court 87.23 administrator of the district court therein, by an instrument in writing, under the court 87.24 administrator's hand and seal, and with the approval of the district judge of the judicial 87.25 district in which said county is situated, or, if there be more than one such district judge, 87.26 with the approval of a majority thereof, may appoint deputies for whose acts the court 87.27 administrator shall be responsible, such deputies to hold office as such until they shall 87.28 be removed therefrom, which removal shall not be made except with the approval of the 87.29 district judge or judges. The appointment and oath of every such deputy shall be recorded 87.30 with thecounty recordercourt administrator. 87.31 EFFECTIVE DATE.This section is effective July 1, 2006. 88.1 Sec. 44. Minnesota Statutes 2004, section 485.11, is amended to read: 88.2 485.11 PRINTED CALENDARS. 88.3 The court administrator of the district court in each of the several counties of this 88.4 state shall provide calendarseither printed or otherwise duplicatedof the cases to be tried 88.5 at the general terms thereofat the expense of the counties where such court is held. This88.6section shall not apply to a county where only one term of court is held each year. 88.7 EFFECTIVE DATE.This section is effective July 1, 2006. 88.8 Sec. 45. Minnesota Statutes 2004, section 517.041, is amended to read: 88.9 517.041 POWER TO APPOINT COURT COMMISSIONER; DUTY. 88.10The county court of the combined county court district of Benton and Stearns may88.11appoint as court commissioner a person who was formerly employed by that county court88.12district as a court commissioner.88.13 Thecounty court of theThirdor FifthJudicialDistrictsDistrict may appoint as court 88.14 commissioner forBrown, Dodge,Fillmore and Olmsted Counties respectively a person 88.15 who was formerly employed by those counties as a court commissioner. 88.16 The sole duty of an appointed court commissioner is to solemnize marriages. 88.17 EFFECTIVE DATE.This section is effective July 1, 2006. 88.18 Sec. 46. Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read: 88.19 Subd. 2. Minimum standards; plan. The Minnesota Supreme Court should 88.20 promulgate minimum standards for the implementation and administration of a parent 88.21 education program.The chief judge of each judicial district or a designee shall submit88.22a plan to the Minnesota conference of chief judges for their approval that is designed to88.23implement and administer a parent education program in the judicial district. The plan88.24must be consistent with the minimum standards promulgated by the Minnesota Supreme88.25Court.88.26 EFFECTIVE DATE.This section is effective July 1, 2006. 88.27 Sec. 47. Minnesota Statutes 2004, section 518B.01, is amended by adding a 88.28 subdivision to read: 88.29 Subd. 19a. Entry and enforcement of foreign protective orders. (a) As used in 88.30 this subdivision, "foreign protective order" means an order for protection entered by 88.31 a court of another state; and order by an Indian tribe which includes orders entered in 89.1 child welfare proceedings, or United States territory that would be a protective order 89.2 entered under this chapter; a temporary or permanent order or protective order to exclude 89.3 a respondent from a dwelling; or an order that establishes conditions of release or is 89.4 a protective order or sentencing order in a criminal prosecution arising from a domestic 89.5 abuse assault if it had been entered in Minnesota. 89.6 (b) A person for whom a foreign protection order has been issued or the issuing court 89.7 or tribunal may provide a certified or authenticated copy of a foreign protective order to the 89.8 court administrator in any county that would have venue if the original action was being 89.9 commenced in this state or in which the person in whose favor the order was entered may 89.10 be present, for filing and entering of the same into the state order for prosecution database. 89.11 (c) The court administrator shall file and enter foreign protective orders that are 89.12 not certified or authenticated, if supported by an affidavit of a person with personal 89.13 knowledge, subject to the penalties for perjury. The person protected by the order may 89.14 provide this affidavit. 89.15 (d) The court administrator shall provide copies of the order as required by this 89.16 section. 89.17 (e) A valid foreign protective order has the same effect and shall be enforced in the 89.18 same manner as an order for protection issued in this state whether or not filed with a court 89.19 administrator or otherwise entered in the state order for protection database. 89.20 (f) A foreign protective order is presumed valid if it meets all of the following: 89.21 (1) the order states the name of the protected individual and the individual against 89.22 whom enforcement is sought; 89.23 (2) the order has not expired; 89.24 (3) the order was issued by a court or tribunal that had jurisdiction over the parties 89.25 and subject matter under the law of the foreign jurisdiction; and 89.26 (4) the order was issued in accordance with the respondent's due process rights, 89.27 either after the respondent was provided with reasonable notice and an opportunity to be 89.28 heard before the court or tribunal that issued the order, or in the case of an ex parte order, 89.29 the respondent was granted notice and an opportunity to be heard within a reasonable 89.30 time after the order was issued. 89.31 (g) Proof that a foreign protective order failed to meet all of the factors listed in 89.32 paragraph (f) is an affirmative defense in any action seeking enforcement of the order. 89.33 (h) A peace officer shall treat a foreign protective order as a valid legal document 89.34 and shall make an arrest for a violation of the foreign protective order in the same manner 89.35 that a peace officer would make an arrest for a violation of a protective order issued 89.36 within this state. 90.1 (i) The fact that a foreign protective order has not been filed with the court 90.2 administrator or otherwise entered into the state order for protection database shall not be 90.3 grounds to refuse to enforce the terms of the order unless it is apparent to the officer that 90.4 the order is invalid on its face. 90.5 (j) A peace officer acting reasonably and in good faith in connection with the 90.6 enforcement of a foreign protective order is immune from civil and criminal liability in 90.7 any action arising in connection with the enforcement. 90.8 (k) Filing and service costs in connection with foreign protective orders are waived. 90.9 EFFECTIVE DATE.This section is effective July 1, 2006. 90.10 Sec. 48. Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read: 90.11 Subd. 2. Board of judicial standards review. At least annually, the board on 90.12 judicial standards shall review the compliance of each district, county, or municipaljudge 90.13 with the provisions of subdivision 1. To facilitate this review, the director of the state 90.14 judicial information system shall notify the executive secretary of the state board on 90.15 judicial standards when a matter exceeds 90 days without a disposition. The board shall 90.16 notify the commissioner of finance of each judge not in compliance. If the board finds that 90.17 a judge has compelling reasons for noncompliance, it may decide not to issue the notice. 90.18 Upon notification that a judge is not in compliance, the commissioner of finance shall 90.19 not pay the salary of that judge. The board may cancel a notice of noncompliance upon 90.20 finding that a judge is in compliance, but in no event shall a judge be paid a salary for the 90.21 period in which the notification of noncompliance was in effect. 90.22 EFFECTIVE DATE.This section is effective July 1, 2006. 90.23 Sec. 49. Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read: 90.24 Subd. 4. Minimum fines; other crimes. Notwithstanding any other law: 90.25 (1) when a court sentences a person convicted of a felony that is not listed in 90.26 subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 90.27 authorized by law nor more than the maximum fine authorized by law; and 90.28 (2) when a court sentences a person convicted of a gross misdemeanor or 90.29 misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 90.30 30 percent of the maximum fine authorized by law nor more than the maximum fine 90.31 authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 90.32 established by theconference of chief judgesJudicial Council in consultation with affected 90.33 state and local agencies. This schedule shall be promulgated not later than September 1 of 91.1 each year and shall become effective on January 1 of the next year unless the legislature, 91.2 by law, provides otherwise. 91.3 The minimum fine required by this subdivision is in addition to the surcharge or 91.4 assessment required by section 357.021, subdivision 6, and is in addition to any sentence 91.5 of imprisonment or restitution imposed or ordered by the court. 91.6 The court shall collect the fines mandated in this subdivision and, except for fines for 91.7 traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and 91.8 fish and game violations governed by section 97A.065, forward 20 percent of the revenues 91.9 to the commissioner of finance for deposit in the general fund. 91.10 EFFECTIVE DATE.This section is effective July 1, 2006. 91.11 Sec. 50. Minnesota Statutes 2004, section 629.74, is amended to read: 91.12 629.74 PRETRIAL BAIL EVALUATION. 91.13 The local corrections department or its designee shall conduct a pretrial bail 91.14 evaluation of each defendant arrested and detained for committing a crime of violence 91.15 as defined in section 624.712, subdivision 5, a gross misdemeanor violation of section 91.16 609.224 or 609.2242, or a nonfelony violation of section 518B.01, 609.2231, 609.3451, 91.17 609.748, or 609.749. In cases where the defendant requests appointed counsel, the 91.18 evaluation shall include completion of the financial statement required by section 91.19 611.17. The local corrections department shall be reimbursed $25 by the Department of 91.20 Corrections for each evaluation performed. Theconference of chief judges,Judicial 91.21 Council in consultation with the Department of Corrections, shall approve the pretrial 91.22 evaluation form to be used in each county. 91.23 EFFECTIVE DATE.This section is effective July 1, 2006. 91.24 Sec. 51. Minnesota Statutes 2004, section 641.25, is amended to read: 91.25 641.25 DISTRICT JAILS; HOW DESIGNATED. 91.26 The commissioner of corrections, with the consent of the county board, may 91.27 designate any suitable jail in the state as a district jail, to be used for the detention of 91.28 prisoners from other counties in addition to those of its own. If the jail or its management 91.29 becomes unfit for that purpose, the commissioner may rescind its designation. Whenever 91.30 there is no sufficient jail in any county, the examiningcounty or municipaljudge, or upon 91.31 the judge's own motion,or the judge of the district court,upon application of the sheriff, 91.32 may order any person charged with a criminal offense committed to a sufficient jail in 91.33 some other county. If there is a district jail in the judicial district, the charged person shall 92.1 be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the 92.2 county containing the district jail, on presentation of the order, shall receive, keep in 92.3 custody, and deliver the charged person up upon the order of the court or a judge. 92.4 EFFECTIVE DATE.This section is effective July 1, 2006. 92.5 Sec. 52. Laws 2002, chapter 266, section 1, as amended by Laws 2004, chapter 290, 92.6 section 38, is amended to read: 92.7 Section 1. DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 92.8 EXTENSION. 92.9 92.10 The fourth judicial district may extend the duration of the pilot project authorized 92.11 by Laws 1999, chapter 216, article 2, section 27, and Laws 2000, chapter 468, sections 92.12 29 to 32, until December 31,20062008. If the pilot project is extended, the domestic 92.13 fatality review team shall submit a report on the project to the legislature by January 92.14 15,20072009. 92.15 EFFECTIVE DATE.This section is effective the day following final enactment. 92.16 Sec. 53. REPEALER. 92.17 Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions 2 92.18 and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8; 485.12; 92.19 487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 92.20 487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 92.21 487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; 92.22 488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; 92.23 488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 92.24 488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 488A.28; 92.25 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; 92.26 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081; 92.27 525.082; 525.09; and 625.09, and Minnesota Statutes 2005 Supplement, sections 353.027; 92.28 and 485.03, are repealed. 92.29 EFFECTIVE DATE.This section is effective July 1, 2006. 93.1 ARTICLE 6 93.2 EMERGENCY COMMUNICATIONS 93.3 Section 1. Minnesota Statutes 2004, section 237.49, is amended to read: 93.4 237.49 COMBINED LOCAL ACCESS SURCHARGE. 93.5 Each local telephone company shall collect from each subscriber an amount per 93.6 telephone access line representing the total of the surcharges required under sections 93.7 237.52, 237.70, and 403.11. Amounts collected must be remitted to the commissioner 93.8 of public safety in the manner prescribed in section 403.11. The commissioner of public 93.9 safety shall divide the amounts receivedproportional to the individual surchargesand 93.10 deposit them in the appropriate accounts. The commissioner of public safety may recover 93.11 from the agencies receiving the surcharges the personnel and administrative costs to 93.12 collect and distribute the surcharge. A company or the billing agent for a company shall 93.13 list the surcharges as one amount on a billing statement sent to a subscriber. 93.14 EFFECTIVE DATE.This section is effective July 1, 2006. 93.15 Sec. 2. Minnesota Statutes 2004, section 403.02, is amended by adding a subdivision 93.16 to read: 93.17 Subd. 19a. Secondary public safety answering point. "Secondary public safety 93.18 answering point" means a communications facility that: (1) is operated on a 24-hour basis, 93.19 in which a minimum of three public safety answering points (PSAP's) route calls for 93.20 postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to 93.21 reduce call volume at the PSAP's; and (3) is able to receive 911 calls routed to it from a 93.22 PSAP when the PSAP is unable to receive or answer 911 calls. 93.23 EFFECTIVE DATE.This section is effective July 1, 2006. 93.24 Sec. 3. Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is 93.25 amended to read: 93.26 Subd. 7. Contractual requirements. (a) The state, togethershall contract with 93.27 the county or other governmental agencies operating public safety answering points,93.28shall contractand with the appropriate wire-line telecommunications service providers or 93.29 other entities determined by the commissioner to be capable of providing effective and 93.30 efficient components of the 911 system for the operation, maintenance, enhancement, 93.31 and expansion of the 911 system. 94.1 (b) The state shall contract with the appropriate wireless telecommunications service 94.2 providers for maintaining, enhancing, and expanding the 911 system. 94.3 (c) The contract language or subsequent amendments to the contract must include 94.4 a description of the services to be furnished to the county or other governmental 94.5 agencies operating public safety answering points. The contract language or subsequent 94.6 amendments must include the terms of compensation based on the effective tariff or price 94.7 list filed with the Public Utilities Commission or the prices agreed to by the parties. 94.8 (d) The contract language or subsequent amendments to contracts between the 94.9 parties must contain a provision for resolving disputes. 94.10 EFFECTIVE DATE.This section is effective July 1, 2006. 94.11 Sec. 4. Minnesota Statutes 2005 Supplement, section 403.05, subdivision 3, is 94.12 amended to read: 94.13 Subd. 3. Agreements for service. Each countyandor any other governmental 94.14 agency shall contract with the stateand wire-line telecommunications service providers or94.15other entities determined by the commissioner to be capable of providing effective and94.16efficient components of the 911 systemfor the recurring and nonrecurring costs associated 94.17 with operating and maintaining 911 emergency communications systems. If requested by 94.18 the county or other governmental agency, the county or agency is entitled to be a party to 94.19 any contract between the state and any wire-line telecommunications service provider or 94.20 911 emergency telecommunications service provider providing components of the 911 94.21 system within the county. 94.22 EFFECTIVE DATE.This section is effective July 1, 2006. 94.23 Sec. 5. Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to read: 94.24 Subd. 7. Duties. Each wireless telecommunications service provider shall cooperate 94.25 in planning and implementing integration with enhanced 911 systems operating in 94.26 their service territories to meet Federal Communications Commission-enhanced 911 94.27 standards.By August 1, 1997, each 911 emergency telecommunications service94.28provider operating enhanced 911 systems, in cooperation with each involvedEach 94.29 wireless telecommunications service provider,shall annually develop and provide to the 94.30 commissioner good-faith estimates of installation and recurring expenses to integrate 94.31 wireless 911 service into the enhanced 911 networks to meet Federal Communications 94.32 Commission phase one wireless enhanced 911 standards. The commissioner shall 95.1 coordinate with counties and affected public safety agency representatives in developing a 95.2 statewide design and plan for implementation. 95.3 EFFECTIVE DATE.This section is effective July 1, 2006. 95.4 Sec. 6. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is 95.5 amended to read: 95.6 Subdivision 1. Emergency telecommunications service fee; account. (a) Each 95.7 customer of a wireless or wire-line switched or packet-based telecommunications service 95.8 provider connected to the public switched telephone network that furnishes service capable 95.9 of originating a 911 emergency telephone call is assessed a fee based upon the number 95.10 of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 95.11 maintenance and related improvements for trunking and central office switching equipment 95.12 for 911 emergency telecommunications service,plusto offset administrative and staffing 95.13 costs of the commissioner related to managing the 911 emergency telecommunications 95.14 service program. Recurring charges by a wire-line telecommunications service provider95.15for updating the information required by section403.07, subdivision 3, must be paid by95.16the commissioner if the wire-line telecommunications service provider is included in an95.17approved 911 plan and the charges are made pursuant to contract. The fee assessed under95.18this section must also be used for the purpose of offsetting, to make distributions provided 95.19 for in section 403.113, and to offset the costs, including administrative and staffing costs, 95.20 incurred by the State Patrol Division of the Department of Public Safety in handling 911 95.21 emergency calls made from wireless phones. 95.22 (b) Money remaining in the 911 emergency telecommunications service account 95.23 after all other obligations are paid must not cancel and is carried forward to subsequent 95.24 years and may be appropriated from time to time to the commissioner to provide financial 95.25 assistance to counties for the improvement of local emergency telecommunications 95.26 services. The improvements may include providing access to 911 service for 95.27 telecommunications service subscribers currently without access and upgrading existing 95.28 911 service to include automatic number identification, local location identification, 95.29 automatic location identification, and other improvements specified in revised county 95.30 911 plans approved by the commissioner. 95.31 (c) The fee may not be less than eight cents nor more than 65 cents a month for 95.32 each customer access line or other basic access service, including trunk equivalents as 95.33 designated by the Public Utilities Commission for access charge purposes and including 95.34 wireless telecommunications services. With the approval of the commissioner of finance, 95.35 the commissioner of public safety shall establish the amount of the fee within the limits 96.1 specified and inform the companies and carriers of the amount to be collected. When the 96.2 revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 96.3 defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 96.4 no longer needed. The commissioner shall provide companies and carriers a minimum of 96.5 45 days' notice of each fee change. The fee must be the same for all customers. 96.6 (d) The fee must be collected by each wireless or wire-line telecommunications 96.7 service provider subject to the fee. Fees are payable to and must be submitted to the 96.8 commissioner monthly before the 25th of each month following the month of collection, 96.9 except that fees may be submitted quarterly if less than $250 a month is due, or annually if 96.10 less than $25 a month is due. Receipts must be deposited in the state treasury and credited 96.11 to a 911 emergency telecommunications service account in the special revenue fund. The 96.12 money in the account may only be used for 911 telecommunications services. 96.13 (e) This subdivision does not apply to customers of interexchange carriers. 96.14 (f) The installation and recurring charges for integrating wireless 911 calls into 96.15 enhanced 911 systemsmust be paidare eligible for payment by the commissioner if the 96.16 911 service provider is included in the statewide design plan and the charges are made 96.17 pursuant to contract. 96.18 (g) Competitive local exchanges carriers holding certificates of authority from the 96.19 Public Utilities Commission are eligible to receive payment for recurring 911 services. 96.20 EFFECTIVE DATE.This section is effective July 1, 2006. 96.21 Sec. 7. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is 96.22 amended to read: 96.23 Subd. 3. Method of payment. (a) Any wireless or wire-line telecommunications 96.24 service provider incurring reimbursable costs under subdivision 1 shall submit an 96.25 invoice itemizing rate elements by county or service area to the commissioner for 911 96.26 services furnished under contract. Any wireless or wire-line telecommunications service 96.27 provider is eligible to receive payment for 911 services rendered according to the terms 96.28 and conditions specified in the contract.Competitive local exchange carriers holding96.29certificates of authority from the Public Utilities Commission are eligible to receive96.30payment for recurring 911 services provided after July 1, 2001.The commissioner shall 96.31 pay the invoice within 30 days following receipt of the invoice unless the commissioner 96.32 notifies the service provider that the commissioner disputes the invoice. 96.33 (b) The commissioner shall estimate the amount required to reimburse 96.34 911 emergency telecommunications service providers and wireless and wire-line 97.1 telecommunications service providers for the state's obligations under subdivision 1 and 97.2 the governor shall include the estimated amount in the biennial budget request. 97.3 EFFECTIVE DATE.This section is effective July 1, 2006. 97.4 Sec. 8. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is 97.5 amended to read: 97.6 Subd. 3a. Timelycertificationinvoices.A certificationAn invoice for services 97.7 provided for in the contract with a wireless or wire-line telecommunications service 97.8 provider must be submitted to the commissioner no later thanone year90 days after 97.9 commencing a new or additional eligible 911 service. Each applicable contract must 97.10 provide that, if certified expenses under the contract deviate from estimates in the contract 97.11 by more than ten percent, the commissioner may reduce the level of service without 97.12 incurring any termination fees. 97.13 EFFECTIVE DATE.This section is effective July 1, 2006. 97.14 Sec. 9. Minnesota Statutes 2004, section 403.11, subdivision 3b, is amended to read: 97.15 Subd. 3b.CertificationDeclaration.AllIf the commissioner disputes an invoice 97.16 in writing, the wireless and wire-line telecommunications service providers shall submit 97.17 aself-certification formdeclaration under section 16A.41 signed by an officer of the 97.18 companyto the commissionerwith the invoices for payment ofan initial or changed97.19 service described in the service provider's 911 contract. Theself-certification shallsworn 97.20 declaration must specifically describe and affirm that the 911 service contracted for is being 97.21 provided and the costs invoiced for the service are true and correct.All certifications are97.22subject to verification and audit.When a wireless or wire-line telecommunications service 97.23 provider fails to provide a sworn declaration within 90 days of notice by the commissioner 97.24 that the invoice is disputed, the disputed amount of the invoice must be disallowed. 97.25 EFFECTIVE DATE.This section is effective July 1, 2006. 97.26 Sec. 10. Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to read: 97.27 Subd. 3c. Audit. If the commissioner determines that an audit is necessary to 97.28 document thecertification describedinvoice and sworn declaration in subdivision 3b, 97.29 the wireless or wire-line telecommunications service provider must contract with an 97.30 independent certified public accountant to conduct the audit. The audit must be conducted 97.31 according to generally accepted accounting principles. The wireless or wire-line 97.32 telecommunications service provider is responsible for any costs associated with the audit. 98.1 EFFECTIVE DATE.This section is effective July 1, 2006. 98.2 Sec. 11. Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is 98.3 amended to read: 98.4 Subdivision 1. Fee.(a) Each customer receiving service from a wireless or98.5wire-line switched or packet-based telecommunications service provider connected to the98.6public telephone network that furnishes service capable of originating a 911 emergency98.7telephone call is assessed a feeA portion of the fee collected under section 403.11 must be 98.8 used to fund implementation, operation, maintenance, enhancement, and expansion of 98.9 enhanced 911 service, including acquisition of necessary equipment and the costs of the 98.10 commissioner to administer the program.The actual fee assessed under section403.1198.11and the enhanced 911 service fee must be collected as one amount and may not exceed the98.12amount specified in section403.11, subdivision 1, paragraph (c).98.13(b) The enhanced 911 service fee must be collected and deposited in the same98.14manner as the fee in section403.11and used solely for the purposes of paragraph (a)98.15and subdivision 3.98.16(c) The commissioner, in consultation with counties and 911 system users, shall98.17determine the amount of the enhanced 911 service fee. The commissioner shall inform98.18wireless and wire-line telecommunications service providers that provide service capable98.19of originating a 911 emergency telephone call of the total amount of the 911 service fees98.20in the same manner as provided in section403.11.98.21 EFFECTIVE DATE.This section is effective July 1, 2006. 98.22 Sec. 12. Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to read: 98.23 Subd. 3. Local expenditures. (a) Money distributed under subdivision 2 for 98.24 enhanced 911 service may be spent on enhanced 911 system costs for the purposes 98.25 stated in subdivision 1, paragraph (a). In addition, money may be spent to lease, 98.26 purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone 98.27 equipment; recording equipment; computer hardware; computer software for database 98.28 provisioning, addressing, mapping, and any other software necessary for automatic 98.29 location identification or local location identification; trunk lines; selective routing 98.30 equipment; the master street address guide; dispatcher public safety answering point 98.31 equipment proficiency and operational skills; pay for long-distance charges incurred due 98.32 to transferring 911 calls to other jurisdictions; and the equipment necessary within the 98.33 public safety answering point for community alert systems and to notify and communicate 98.34 with the emergency services requested by the 911 caller. 99.1 (b) Money distributed for enhanced 911 service may not be spent on: 99.2 (1) purchasing or leasing of real estate or cosmetic additions to or remodeling of 99.3 communications centers; 99.4 (2) mobile communications vehicles, fire engines, ambulances, law enforcement 99.5 vehicles, or other emergency vehicles; 99.6 (3) signs, posts, or other markers related to addressing or any costs associated with 99.7 the installation or maintenance of signs, posts, or markers. 99.8 EFFECTIVE DATE.This section is effective July 1, 2006. 99.9 Sec. 13. Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to read: 99.10 Subd. 2. Board. "Board" or "radio board"or "Metropolitan Radio Board"means the 99.11MetropolitanStatewide Radio Boardor its successor regional radio board. 99.12 EFFECTIVE DATE.This section is effective July 1, 2006. 99.13 Sec. 14. Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to read: 99.14 Subd. 7. Plan. "Plan" or "regionwide public safety radio system communication 99.15 plan" meansthea plan adopted bythe Metropolitan Radio Board for a regionwide public99.16safety radio communications system.a regional radio board. 99.17 EFFECTIVE DATE.This section is effective July 1, 2006. 99.18 Sec. 15. Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is 99.19 amended to read: 99.20 Subd. 8. Subsystems. "Subsystems" or "public safety radio subsystems" means 99.21 systems identified in the plan or a plan developed under section 403.36 as subsystems 99.22 interconnected by the system backbone and operated bythe Metropolitan Radio Board,a 99.23 regional radio board,or local government units for their own internal operations. 99.24 EFFECTIVE DATE.This section is effective July 1, 2006. 99.25 Sec. 16. Minnesota Statutes 2004, section 403.21, subdivision 9, is amended to read: 99.26 Subd. 9. System backbone. "System backbone" or "backbone" means a public 99.27 safety radio communication system that consists of a shared, trunked, communication, 99.28 and interoperability infrastructure network, including, but not limited to, radio towers and 99.29 associated structures and equipment, the elements of which are identified in the regionwide 100.1 public safety radio communication system planunder section403.23, subdivision 6,and 100.2 the statewide radio communication plan under section 403.36. 100.3 Sec. 17. Minnesota Statutes 2004, section 403.33, is amended to read: 100.4 403.33 LOCAL PLANNING. 100.5 Subdivision 1. County planning process. (a) No later than two years from May 100.6 22, 1995, each metropolitan county shall undertake and complete a planning process 100.7 for its public safety radio subsystem to ensure participation by representatives of local 100.8 government units, quasi-public service organizations, and private entities eligible to use 100.9 the regional public safety radio system and to ensure coordination and planning of the 100.10 local subsystems. Local governments and other eligible users shall cooperate with the 100.11 county in its preparation of the subsystem plan to ensure that local needs are met. 100.12 (b) The regional radio board for the metropolitan area shall encourage the 100.13 establishment by each metropolitan county of local public safety radio subsystem 100.14 committees composed of representatives of local governments and other eligible users 100.15 for the purposes of: 100.16 (1) establishing a plan for coordinated and timely use of the regionwide public safety 100.17 radio system by the local governments and other eligible users within each metropolitan 100.18 county; and 100.19 (2) assisting and advising the regional radio board for the metropolitan area in its 100.20 implementation of the regional public safety radio plan by identification of local service 100.21 needs and objectives. 100.22 (c) The regional radio board for the metropolitan area shall also encourage the 100.23 establishment of joint or multicounty planning for the regionwide public safety radio 100.24 system and subsystems. 100.25 (d) The regional radio board for the metropolitan area may provide local boards with 100.26 whatever assistance it deems necessary and appropriate. 100.27 (e) No metropolitan county or city of the first class shall be required to undertake a 100.28 technical subsystem design to meet the planning process requirements of this subdivision 100.29 or subdivision 2. 100.30 Subd. 2. Cities of first class; planning process. Each city of the first class in the 100.31 metropolitan counties shall have the option to participate in the county public safety radio 100.32 subsystem planning process or develop its own plan. 100.33 Subd. 3. Submission of plans to board. Each metropolitan county and each city 100.34 of the first class in the metropolitan area which has chosen to develop its own plan shall 101.1 submit the plan to the regional radio board for the metropolitan area for the board's review 101.2 and approval. 101.3 Subd. 4. Local government joinder. Local government units, except for cities of 101.4 the first class, quasi-public service organizations, and private entities eligible to use the 101.5 regional public safety radio system cannot join the system until its county plan has been 101.6 approved by the regional radio board for the metropolitan area. 101.7 EFFECTIVE DATE.This section is effective July 1, 2006. 101.8 Sec. 18. Minnesota Statutes 2004, section 403.34, is amended to read: 101.9 403.34 OPTIONAL LOCAL USE OFREGIONALSTATEWIDE SYSTEM. 101.10 Subdivision 1. Options. Use of theregionalstatewide public safety radio system 101.11 by local governments, quasi-public service organizations, and private entities eligible to 101.12 use the system shall be optional and no local government or other eligible user of the 101.13 system shall be required to abandon or modify current public safety radio communication 101.14 systems or purchase new equipment until the local government or other eligible user 101.15 elects to join the system. Public safety radio communication service to local governments 101.16 and other eligible users who do not initially join the system shall not be interrupted. No 101.17 local government or other eligible users who do not join the system shall be charged a 101.18 user fee for the use of the system. 101.19 Subd. 2. Requirements to join. Local governments and other entities eligible to 101.20 join theregionalstatewide public safety radio system which elect to join the system must 101.21 do so in accordance with and meet the requirements of the provisions of the plan adopted 101.22 by theradioboard as provided in section403.23, subdivision 2403.36. 101.23 EFFECTIVE DATE.This section is effective July 1, 2006. 101.24 Sec. 19. Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is 101.25 amended to read: 101.26 Subdivision 1. Membership. (a) The commissioner of public safety shall convene 101.27 and chair the Statewide Radio Board to develop a project plan for a statewide, shared, 101.28 trunked public safety radio communication system. The system may be referred to as 101.29 "Allied Radio Matrix for Emergency Response," or "ARMER." 101.30 (b) The board consists of the following members or their designees: 101.31 (1) the commissioner of public safety; 101.32 (2) the commissioner of transportation; 101.33 (3) the state chief information officer; 102.1 (4) the commissioner of natural resources; 102.2 (5) the chief of the Minnesota State Patrol; 102.3(6) the commissioner of health;102.4(7)(6) the commissioner of finance; 102.5 (7) the chair of the Metropolitan Council; 102.6 (8) two elected city officials, one from the nine-county metropolitan area and one 102.7 from Greater Minnesota, appointed by the governing body of the League of Minnesota 102.8 Cities; 102.9 (9) two elected county officials, one from the nine-county metropolitan area and 102.10 one from Greater Minnesota, appointed by the governing body of the Association of 102.11 Minnesota Counties; 102.12 (10) two sheriffs, one from the nine-county metropolitan area and one from Greater 102.13 Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association; 102.14 (11) two chiefs of police, one from the nine-county metropolitan area and one from 102.15 Greater Minnesota, appointed by the governor after considering recommendations made 102.16 by the Minnesota Chiefs' of Police Association; 102.17 (12) two fire chiefs, one from the nine-county metropolitan area and one from 102.18 Greater Minnesota, appointed by the governor after considering recommendations made 102.19 by the Minnesota Fire Chiefs' Association; 102.20 (13) two representatives of emergency medical service providers, one from the 102.21 nine-county metropolitan area and one from Greater Minnesota, appointed by the governor 102.22 after considering recommendations made by the Minnesota Ambulance Association; 102.23 (14) the chair of theMetropolitanregional radio board for the metropolitan area; and 102.24 (15) a representative of Greater Minnesota elected by those units of government in 102.25 phase three and any subsequent phase of development as defined in the statewide, shared 102.26 radio and communication plan, who have submitted a plan to the Statewide Radio Board 102.27 and where development has been initiated. 102.28 (c) The Statewide Radio Board shall coordinate the appointment of board members 102.29 representing Greater Minnesota with the appointing authorities and may designate the 102.30 geographic region or regions from which an appointed board member is selected where 102.31 necessary to provide representation from throughout the state. 102.32 EFFECTIVE DATE.This section is effective July 1, 2006. 102.33 Sec. 20. Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to read: 103.1 Subd. 1f. Advisory groups. (a) The Statewide Radio Board shall establish one or 103.2 more advisory groups for the purpose of advising on the plan, design, implementation, and 103.3 administration of the statewide, shared trunked radio and communication system. 103.4 (b) At least one such group must consist of the following members: 103.5 (1)the chair of the Metropolitan Radio Board andthe chair of each regional radio 103.6 board or, if no regional radio board has been formed, a representative of each region of 103.7 development as defined in the statewide, shared, trunked radio and communication plan, 103.8 once planning and development have been initiated for the region, or a designee; 103.9 (2) the chief of the Minnesota State Patrol or a designee; 103.10 (3) a representative of the Minnesota State Sheriffs' Association; 103.11 (4) a representative of the Minnesota Chiefs of Police Association; 103.12 (5) a representative of the Minnesota Fire Chiefs' Association; and 103.13 (6) a representative of the Emergency Medical Services Board. 103.14 Sec. 21. REPEALER. 103.15 Minnesota Statutes 2004, sections 403.08, subdivision 8; 403.22; 403.23; 403.24; 103.16 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3; 403.30, subdivisions 2 and 4; 103.17 and 403.35 are repealed. 103.18 EFFECTIVE DATE.This section is effective July 1, 2006. 103.19 ARTICLE 7 103.20 FRAUDULENT OR IMPROPER FINANCING STATEMENTS 103.21 Section 1. Minnesota Statutes 2004, section 358.41, is amended to read: 103.22 358.41 DEFINITIONS. 103.23 As used in sections 358.41 to 358.49: 103.24 (1) "Notarial act" means any act that a notary public of this state is authorized to 103.25 perform, and includes taking an acknowledgment, administering an oath or affirmation, 103.26 taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 103.27 or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 103.28 perform a notarial act by electronic means. 103.29 (2) "Acknowledgment" means a declaration by a person that the person has executed 103.30 an instrument or electronic record for the purposes stated therein and, if the instrument 103.31 or electronic record is executed in a representative capacity, that the person signed 103.32 the instrument with proper authority and executed it as the act of the person or entity 103.33 represented and identified therein. 104.1 (3) "Verification upon oath or affirmation" means a declaration that a statement is 104.2 true made by a person upon oath or affirmation. 104.3 (4) "In a representative capacity" means: 104.4 (i) for and on behalf of a corporation, partnership, trust, or other entity, as an 104.5 authorized officer, agent, partner, trustee, or other representative; 104.6 (ii) as a public officer, personal representative, guardian, or other representative, 104.7 in the capacity recited in the instrument; 104.8 (iii) as an attorney in fact for a principal; or 104.9 (iv) in any other capacity as an authorized representative of another. 104.10 (5) "Notarial officer" means a notary public or other officer authorized to perform 104.11 notarial acts. 104.12 (6) "Electronic signature" means an electronic sound, symbol, or process attached 104.13 to or logically associated with a record and executed or adopted by a person with the 104.14 intent to sign the record. 104.15 (7) "Electronic record" means a record created, generated, sent, communicated, 104.16 received, or stored by electronic means. 104.17 EFFECTIVE DATE.This section is effective July 1, 2006. 104.18 Sec. 2. Minnesota Statutes 2004, section 358.42, is amended to read: 104.19 358.42 NOTARIAL ACTS. 104.20 (a) In taking an acknowledgment, the notarial officer must determine, either from 104.21 personal knowledge or from satisfactory evidence, that the person appearing before the 104.22 officer and making the acknowledgment is the person whose true signature is on the 104.23 instrument or electronic record. 104.24 (b) In taking a verification upon oath or affirmation, the notarial officer must 104.25 determine, either from personal knowledge or from satisfactory evidence, that the person 104.26 appearing before the officer and making the verification is the person whose true signature 104.27 is on the statement verified. 104.28 (c) In witnessing or attesting a signature the notarial officer must determine, either 104.29 from personal knowledge or from satisfactory evidence, that the signature is that of the 104.30 person appearing before the officer and named therein. 104.31 (d) In certifying or attesting a copy of a document, electronic record, or other item, 104.32 the notarial officer must determine that the proffered copy is a full, true, and accurate 104.33 transcription or reproduction of that which was copied. 105.1 (e) In making or noting a protest of a negotiable instrument or electronic record the 105.2 notarial officer must determine the matters set forth in section 336.3-505. 105.3 (f) A notarial officer has satisfactory evidence that a person is the person whose true 105.4 signature is on a document or electronic record if that person (i) is personally known to 105.5 the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 105.6 personally known to the notarial officer, or (iii) is identified on the basis of identification 105.7 documents. 105.8 EFFECTIVE DATE.This section is effective July 1, 2006. 105.9 Sec. 3. Minnesota Statutes 2004, section 358.47, is amended to read: 105.10 358.47 CERTIFICATE OF NOTARIAL ACTS. 105.11 (a) A notarial act must be evidenced by a certificate physically or electronically 105.12 signed and dated by a notarial officer in a manner that attributes such signature to the 105.13 notary public identified on the commission. The certificate must include identification 105.14 of the jurisdiction in which the notarial act is performed and the title of the office of 105.15 the notarial officer and may include the official stamp or seal of office, or the notary's 105.16 electronic seal. If the officer is a notary public, the certificate must also indicate the date 105.17 of expiration, if any, of the commission of office, but omission of that information may 105.18 subsequently be corrected. If the officer is a commissioned officer on active duty in the 105.19 military service of the United States, it must also include the officer's rank. 105.20 (b) A certificate of a notarial act is sufficient if it meets the requirements of 105.21 subsection (a) and it: 105.22 (1) is in the short form set forth in section 358.48; 105.23 (2) is in a form otherwise prescribed by the law of this state; 105.24 (3) is in a form prescribed by the laws or regulations applicable in the place in 105.25 which the notarial act was performed; or 105.26 (4) sets forth the actions of the notarial officer and those are sufficient to meet the 105.27 requirements of the designated notarial act. 105.28 (c) By executing a certificate of a notarial act, the notarial officer certifies that the 105.29 officer has made the determinations required by section 358.42. 105.30 EFFECTIVE DATE.This section is effective July 1, 2006. 105.31 Sec. 4. Minnesota Statutes 2004, section 358.50, is amended to read: 105.32 358.50 EFFECT OF ACKNOWLEDGMENT. 106.1 An acknowledgment made in a representative capacity for and on behalf of a 106.2 corporation, partnership, trust, or other entity and certified substantially in the form 106.3 prescribed in this chapter is prima facie evidence that the instrument or electronic record 106.4 was executed and delivered with proper authority. 106.5 EFFECTIVE DATE.This section is effective July 1, 2006. 106.6 Sec. 5. Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision 106.7 to read: 106.8 Subd. 5. Registration to perform electronic notarizations. Before performing 106.9 electronic notarial acts, a notary public shall register the capability to notarize 106.10 electronically with the secretary of state. Before performing electronic notarial acts after 106.11 recommissioning, a notary public shall reregister with the secretary of state. 106.12 EFFECTIVE DATE.This section is effective July 1, 2006. 106.13 Sec. 6. Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to read: 106.14 Subd. 3. Specifications. The seal of every notary public may be affixed by a stamp 106.15 that will print a seal which legibly reproduces under photographic methods the seal of 106.16 the state of Minnesota, the name of the notary, the words "Notary Public," and the words 106.17 "My commission expires ...............," with the expiration date shown thereon or may be 106.18 an electronic form.TheA physical seal used to authenticate a paper document shall be 106.19 a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches 106.20 horizontally, with a serrated or milled edge border, and shall contain the information 106.21 required by this subdivision. 106.22 EFFECTIVE DATE.This section is effective July 1, 2006. 106.23 Sec. 7. Minnesota Statutes 2004, section 359.03, is amended by adding a subdivision 106.24 to read: 106.25 Subd. 4. Electronic seal. A notary's electronic seal shall contain the notary's name, 106.26 jurisdiction, and commission expiration date, and shall be logically and securely affixed to 106.27 or associated with the electronic record being notarized. 106.28 EFFECTIVE DATE.This section is effective July 1, 2006. 106.29 Sec. 8. Minnesota Statutes 2004, section 359.04, is amended to read: 106.30 359.04 POWERS. 107.1 Every notary public so appointed, commissioned, and qualified shall have power 107.2 throughout this state to administer all oaths required or authorized to be administered in 107.3 this state; to take and certify all depositions to be used in any of the courts of this state; 107.4 to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, 107.5 and other instruments in writing or electronic records; and to receive, make out, and 107.6 record notarial protests. 107.7 EFFECTIVE DATE.This section is effective July 1, 2006. 107.8 Sec. 9. Minnesota Statutes 2004, section 359.05, is amended to read: 107.9 359.05 DATE OF EXPIRATION OF COMMISSION AND NAME TO BE 107.10 ENDORSED. 107.11 Every notary public, except in cases provided in section 359.03, subdivision 3, 107.12 taking an acknowledgment of an instrument, taking a deposition, administering an oath, or 107.13 making a notarial protest, shall, immediately following the notary's physical or electronic 107.14 signature to the jurat or certificate of acknowledgment, endorse the date of the expiration 107.15 of the commission; such endorsement may be legibly written, stamped,orprinted upon 107.16 the instrument, but must be disconnected from the seal, and shall be substantially in the 107.17 following form: "My commission expires ............, ....." Except in cases provided in section 107.18 359.03, subdivision 3, every notary public, in addition to signing the jurat or certificate of 107.19 acknowledgment, shall, immediately following the signature and immediately preceding 107.20 the official description, endorse thereon the notary's name with a typewriteror, print the 107.21 same legibly with a stampor, with pen and ink, or affix by electronic means; provided 107.22 that the failure so to endorse or print the name shall not invalidate any jurat or certificate 107.23 of acknowledgment. 107.24 EFFECTIVE DATE.This section is effective July 1, 2006. 107.25 Sec. 10. Minnesota Statutes 2004, section 359.085, is amended to read: 107.26 359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS. 107.27 Subdivision 1. Acknowledgments. In taking an acknowledgment, the notarial 107.28 officer must determine, either from personal knowledge or from satisfactory evidence, 107.29 that the person appearing before the officer and making the acknowledgment is the person 107.30 whose true signature is on the instrument or electronic record. 107.31 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial 107.32 officer must determine, either from personal knowledge or from satisfactory evidence, that 108.1 the person appearing before the officer and making the verification is the person whose 108.2 true signature is on the statement verified. 108.3 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, 108.4 the notarial officer must determine, either from personal knowledge or from satisfactory 108.5 evidence, that the signature is that of the person appearing before the officer and named in 108.6 the document or electronic record. 108.7 Subd. 4. Certifying or attesting documents. In certifying or attesting a copy of a 108.8 document, electronic record, or other item, the notarial officer must determine that the 108.9 proffered copy is a full, true, and accurate transcription or reproduction of that which 108.10 was copied. 108.11 Subd. 5. Making or noting protests of negotiable instruments. In making or 108.12 noting a protest of a negotiable instrument or electronic record, the notarial officer must 108.13 determine the matters set forth in section 336.3-505. 108.14 Subd. 6. Satisfactory evidence. A notarial officer has satisfactory evidence that 108.15 a person is the person whose true signature is on a document or electronic record if that 108.16 person (i) is personally known to the notarial officer, (ii) is identified upon the oath 108.17 or affirmation of a credible witness personally known to the notarial officer, or (iii) is 108.18 identified on the basis of identification documents. 108.19 Subd. 7. Prohibited acts. A notarial officer may not acknowledge, witness or attest 108.20 to the officer's own signature, or take a verification of the officer's own oath or affirmation. 108.21 Subd. 8. Failure to appear before notary. A notarial officer may not notarize the 108.22 physical or electronic signature of any signer who is not in the presence of the notary at 108.23 the time of notarization. 108.24 EFFECTIVE DATE.This section is effective July 1, 2006. 108.25 Sec. 11. [545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE 108.26 EFFECTIVENESS OF FINANCING STATEMENTS. 108.27 Subdivision 1. Definitions. (a) As used in this section, a financing statement or 108.28 other record is fraudulent or otherwise improper if it is filed without the authorization of 108.29 the obligor, person named as debtor, or owner of collateral described or indicated in 108.30 the financing statement or other record, or by consent of an agent, fiduciary, or other 108.31 representative of that person, or without the consent of the secured party of record in 108.32 the case of an amendment or termination. 108.33 (b) As used in this section, filing office or filing officer refers to the office or officer 108.34 where a financing statement or other record is appropriately filed or recorded as provided 109.1 by law, including, but not limited to, the county recorder, the secretary of state, and other 109.2 related filing officers. 109.3 Subd. 2. Motion. An obligor, person named as a debtor, or owner of collateral 109.4 described or indicated in a financing statement or other record filed under sections 109.5 336.9-101 to 336.9-709 (Uniform Commercial Code - Secured Transactions), who 109.6 has reason to believe that the financing statement or other record is fraudulent or 109.7 otherwise improper may complete and file at any time a motion for judicial review of the 109.8 effectiveness of the financing statement or other record. A secured party of record who 109.9 believes that an amendment or termination of a financing statement or other record is 109.10 fraudulent or otherwise improper may also file a motion. 109.11 Subd. 3. Service and filing. (a) The motion under subdivision 2 must be mailed 109.12 by certified United States mail to the person who is indicated as the secured party on 109.13 the allegedly fraudulent or improper record at the address listed on the record or, in the 109.14 case of a filing by the secured party of record, to the address of the person who filed 109.15 the amendment or termination in question, as listed on the record. The motion must be 109.16 accompanied by a copy of the record in question, an affidavit of mailing, the form for 109.17 responding to the motion under subdivision 6, and a copy of the text of this section. 109.18 (b) On the day the motion is mailed, a copy of the materials must be filed with the 109.19 district court of the county in which the financing statement or other record has been filed 109.20 or in the county of residence of the moving party. The motion must be supported by 109.21 the affidavit of the moving party or the moving party's attorney setting forth a concise 109.22 statement of the facts upon which the claim for relief is based. There is no filing fee for a 109.23 motion or a response filed under this section. 109.24 Subd. 4. Motion form. The motion must be in substantially the following form: 109.25 In Re: A Purported Financing Statement in the district court of ............. County, 109.26 Minnesota, Against [Name of person who filed the financing statement] 109.27 MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED 109.28 UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS 109.29 .................. (name of moving party) files this motion requesting a judicial 109.30 determination of the effectiveness of a financing statement or other record filed under the 109.31 Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 109.32 office and location) and in support of the motion provides as follows: 109.33 I. 109.34 ................. (name), the moving party, is the [obligor, person named as a debtor, or 109.35 owner of collateral described or indicated in] [secured party of record listed in] a financing 109.36 statement or other record filed under the Uniform Commercial Code. 110.1 II. 110.2 On ............. (date), in the exercise of the filing officer's official duties as ............. 110.3 (filing officer's position), the filing officer received and filed or recorded the financing 110.4 statement or other record, a copy which is attached, that purports to [perfect a security 110.5 interest against the obligor, person named as debtor, or the owner of collateral described or 110.6 indicated in the financing statement or other record] or [amend or terminate the financing 110.7 statement in which the moving party is listed as the secured party of record]. 110.8 III. 110.9 The moving party alleges that the financing statement or other record is fraudulent 110.10 or otherwise improper and that this court should declare the financing statement or other 110.11 record ineffective. 110.12 IV. 110.13 The moving party attests that the assertions in this motion are true and correct. 110.14 V. 110.15 The moving party does not request the court to make a finding as to any underlying 110.16 claim of the parties involved and acknowledges that this motion does not seek review of 110.17 an effective financing statement. The moving party further acknowledges that the moving 110.18 party may be subject to sanctions if this motion is determined to be frivolous. The moving 110.19 party may be contacted by the respondent at: 110.20 Mailing Address: (required) 110.21 Telephone Number: 110.22 Facsimile Number: (either facsimile or e-mail contact is required) 110.23 E-Mail Address: (either facsimile or e-mail contact is required) 110.24 REQUEST FOR RELIEF 110.25 The moving party requests the court to review the attached documentation and enter 110.26 an order finding that the financing statement or other record is ineffective together with 110.27 other findings as the court deems appropriate. 110.28 Respectfully submitted, .......................... (Signature and typed name and address). 110.29 Subd. 5. Motion acknowledgment form. The form for the certificate of 110.30 acknowledgment must be substantially as follows: 110.31 AFFIDAVIT 110.32 THE STATE OF MINNESOTA COUNTY OF ....... 110.33 BEFORE ME, the undersigned authority, personally appeared ........., who, being by 110.34 me duly sworn, deposed as follows: 110.35 "My name is ............... I am over 18 years of age, of sound mind, with personal 110.36 knowledge of the following facts, and fully competent to testify. 111.1 I attest that the assertions contained in the accompanying motion are true and 111.2 correct." 111.3 SUBSCRIBED and SWORN TO before me, this ..... day of .................. 111.4 NOTARY PUBLIC, State of [state name] 111.5 Notary's printed name: ......................... 111.6 My commission expires: ......................... 111.7 The motion must be supported by the affidavit of the moving party or the moving 111.8 party's attorney setting forth a concise statement of the facts upon which the claim for 111.9 relief is based. 111.10 Subd. 6. Motion affidavit of mailing form. The moving party shall complete an 111.11 affidavit of mailing the motion to the court and to the respondent in substantially the 111.12 following form: 111.13 State of Minnesota 111.14 County of .......... 111.15 ............................, the moving party, being duly sworn, on oath, deposes and says 111.16 that on the ..... day of .........., ......., the moving party mailed the motion to the court and 111.17 the respondent by placing a true and correct copy of the motion in an envelope addressed 111.18 to them as shown by certified United States mail at ............................, Minnesota. 111.19 Subscribed and sworn to before me this ..... day of ...................., ....... 111.20 Subd. 7. Response form. The person listed as [the secured party in] [filing] the 111.21 record for which the moving party has requested review may respond to the motion and 111.22 accompanying materials to request an actual hearing within 20 days from the mailing by 111.23 certified United States mail by the moving party. The form for use by the person listed as 111.24 [the secured party in] [filing] the record in question to respond to the motion for judicial 111.25 review must be in substantially the following form: 111.26 In Re: A Purported Financing Statement in the district court of ............. County, 111.27 Minnesota, Against [Name of person who filed the financing statement] 111.28 RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING 111.29 STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE 111.30 - SECURED TRANSACTIONS 111.31 ............................ (name) files this response to a motion requesting a judicial 111.32 determination of the effectiveness of a financing statement or other record filed under the 111.33 Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 111.34 office and location) and in support of the motion provides as follows: 111.35 I. 112.1 ................. (name), the respondent, is the person listed as [the secured party in] 112.2 [filing] the record for which review has been requested by the moving party. 112.3 II. 112.4 On ............. (date), in the exercise of the filing officer's official duties as ............. 112.5 (filing officer's position), the filing officer received and filed or recorded the financing 112.6 statement or other record, a copy which is attached, that purports to [perfect a security 112.7 interest against] [amend or terminate a record filed by] the moving party. 112.8 III. 112.9 Respondent states that the financing statement or other record is not fraudulent 112.10 or otherwise improper and that this court should not declare the financing statement or 112.11 other record ineffective. 112.12 IV. 112.13 Respondent attests that assertions in this response are true and correct. 112.14 V. 112.15 Respondent does not request the court to make a finding as to any underlying claim 112.16 of the parties involved. Respondent further acknowledges that respondent may be subject 112.17 to sanctions if this response is determined to be frivolous. 112.18 REQUEST FOR RELIEF 112.19 Respondent requests the court to review the attached documentation, to set a hearing 112.20 for no later than five days after the date of this response or as soon after that as the court 112.21 shall order and to enter an order finding that the financing statement or other record is 112.22 not ineffective together with other findings as the court deems appropriate. Respondent 112.23 may be contacted at: 112.24 Mailing Address: (required) 112.25 Telephone Number: 112.26 Facsimile Number: (either facsimile or e-mail contact is required) 112.27 E-Mail Address: (either facsimile or e-mail contact is required) 112.28 Respectfully submitted, ......................... 112.29 (Signature and typed name and address). 112.30 Subd. 8. Response acknowledgment form. The form for the certificate of 112.31 acknowledgment must be substantially as follows: 112.32 AFFIDAVIT 112.33 THE STATE OF MINNESOTA COUNTY OF ....... 112.34 BEFORE ME, the undersigned authority, personally appeared ........., who, being by 112.35 me duly sworn, deposed as follows: 113.1 "My name is ............... I am over 18 years of age, of sound mind, with personal 113.2 knowledge of the following facts, and fully competent to testify. 113.3 I attest that the assertions contained in the accompanying motion are true and 113.4 correct." 113.5 SUBSCRIBED and SWORN TO before me, this ..... day of .................. 113.6 NOTARY PUBLIC, State of [state name] 113.7 Notary's printed name: ......................... 113.8 My commission expires: ......................... 113.9 Subd. 9. Response affidavit of mailing form. Respondent shall submit the 113.10 response by United States mail to both the court and the moving party, and also by either 113.11 e-mail or facsimile as provided by the moving party. The respondent shall complete an 113.12 affidavit of mailing the response to the court and to the moving party in substantially 113.13 the following form: 113.14 State of Minnesota 113.15 County of .......... 113.16 ................, being the responding party, being duly sworn, on oath, deposes 113.17 and says that on the ..... day of .........., ......., respondent mailed the response to court 113.18 and the moving party by placing a true and correct copy of the response in an envelope 113.19 addressed to them as shown depositing the same with postage prepaid, in the U.S. Mail 113.20 at ............................, Minnesota. 113.21 Subscribed and sworn to before me this ..... day of ...................., ....... 113.22 Subd. 10. Hearing. (a) If a hearing is timely requested, the court shall hold that 113.23 hearing within five days after the mailing of the response by the respondent or as soon 113.24 after that as ordered by the court. After the hearing, the court shall enter appropriate 113.25 findings of fact and conclusions of law regarding the financing statement or other record 113.26 filed under the Uniform Commercial Code. 113.27 (b) If a hearing request under subdivision 7 is not received by the court by the 113.28 20th day following the mailing of the original motion, the court's finding may be made 113.29 solely on a review of the documentation attached to the motion and without hearing any 113.30 testimonial evidence. After that review, which must be conducted no later than five days 113.31 after the 20-day period has expired, the court shall enter appropriate findings of fact and 113.32 conclusions of law as provided in subdivision 11 regarding the financing statement or 113.33 other record filed under the Uniform Commercial Code. 113.34 (c) A copy of the findings of fact and conclusions of law must be sent to the moving 113.35 party, the respondent, and the person who filed the financing statement or other record at 114.1 the address listed in the motion or response of each person within seven days of the date 114.2 that the findings of fact and conclusions of law are issued by the court. 114.3 (d) In all cases, the moving party shall file or record an attested copy of the findings 114.4 of fact and conclusions of law in the filing office in the appropriate class of records in 114.5 which the original financing statement or other record was filed or recorded. The filing 114.6 officer shall not collect a filing fee for filing a court's finding of fact and conclusion of 114.7 law as provided in this section except as specifically directed by the court in its findings 114.8 and conclusions. 114.9 Subd. 11. Order form; no hearing. The findings of fact and conclusion of law 114.10 for an expedited review where no hearing has been requested must be in substantially 114.11 the following form: 114.12 MISCELLANEOUS DOCKET No. ........... 114.13 In Re: A purported Financing Statement in the district court of ........... ................ 114.14 County, Minnesota, Against [Name of person who filed financing statement] 114.15 Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or 114.16 Other Record Filed Under the Uniform Commercial Code - Secured Transactions 114.17 On the (number) day of (month), (year), in the above entitled and numbered cause, 114.18 this court reviewed a motion, verified by affidavit, of (name) and the documentation 114.19 attached. The respondent did not respond within the required 20-day period. No testimony 114.20 was taken from any party, nor was there any notice of the court's review, the court 114.21 having made the determination that a decision could be made solely on review of the 114.22 documentation as provided in Minnesota Statutes, section 545.05. 114.23 The court finds as follows (only an item or subitem checked and initialed is a valid 114.24 court ruling): 114.25 [..] The documentation attached to the motion IS filed or recorded with the 114.26 authorization of the obligor, person named as debtor, or owner of collateral described or 114.27 indicated in the financing statement or other record, or by consent of an agent, fiduciary, or 114.28 other representative of that person, or with the authorization of the secured party of record 114.29 in the case of an amendment or termination. 114.30 [..] The documentation attached to the motion IS NOT filed or recorded with the 114.31 authorization of the obligor, person named as debtor, or owner of collateral described or 114.32 indicated in the documentation, or by consent of an agent, fiduciary, or other representative 114.33 of that person, or with the authorization of the secured party of record in the case of an 114.34 amendment or termination and, IS NOT an effective financing statement or other record 114.35 under the Uniform Commercial Code - Secured Transactions law of this state. 115.1 [..] This court makes no finding as to any underlying claims of the parties involved 115.2 and expressly limits its findings of fact and conclusions of law to the review of a 115.3 ministerial act. The filing officer shall remove the subject financing statement or other 115.4 record so that the record is not reflected in or obtained as a result of any search, standard 115.5 or otherwise, conducted of those records, but shall retain them and these findings of fact 115.6 and conclusions of law in the filing office for the duration of the period for which they 115.7 would have otherwise been filed. 115.8 SIGNED ON THIS THE ...... DAY of ....... 115.9 ............. District Judge 115.10 ............. District 115.11 ............. County, Minnesota 115.12 Subd. 12. Hearing determination. If a determination is made after a hearing, the 115.13 court may award the prevailing party all costs related to the entire review, including, but 115.14 not limited to, filing fees, attorney fees, administrative costs, and other costs. 115.15 Subd. 13. Subsequent motion. If the moving party files a subsequent motion under 115.16 this section against a person filing a financing statement or other record that is reviewed 115.17 under this section and found to be filed or recorded with the authorization of the obligor, 115.18 person named as debtor, or owner of collateral described or indicated in the financing 115.19 statement or other record, or by consent of an agent, fiduciary, or other representative of 115.20 that person, or with the authorization of the secured party of record in the case of an 115.21 amendment or termination, the court may, in addition to assessing costs, order other 115.22 equitable relief against the moving party or enter other sanctions against the moving party. 115.23 Subd. 14. Judicial officers. The chief judge of a district court may order that any 115.24 or all proceedings under this section be conducted and heard by other judicial officers of 115.25 that district court. 115.26 EFFECTIVE DATE.This section is effective July 1, 2006. 115.27 Sec. 12. [604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE 115.28 IMPROPER FINANCING STATEMENTS. 115.29 Subdivision 1. Definitions. For purposes of this section: 115.30 (1) "financing statement" has the meaning given in section 336.9-102(a) of the 115.31 Uniform Commercial Code; and 115.32 (2) "filing officer" is defined as the Uniform Commercial Code filing officer in 115.33 each jurisdiction. 116.1 Subd. 2. Liability. (a) A person shall not knowingly cause to be presented for filing 116.2 or promote the filing of a financing statement that the person knows: 116.3 (1) is forged; 116.4 (2) is not: 116.5 (i) related to a valid lien or security agreement; or 116.6 (ii) filed pursuant to section 336.9-502(d); and 116.7 (3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or 116.8 otherwise interfere with any person. 116.9 (b) A person who violates paragraph (a) is liable to each injured person for: 116.10 (1) the greater of: 116.11 (i) nominal damages up to $10,000; or 116.12 (ii) the actual damages caused by the violation; 116.13 (2) court costs; 116.14 (3) reasonable attorney fees; 116.15 (4) related expenses of bringing the action, including investigative expenses; and 116.16 (5) exemplary damages in the amount determined by the court. 116.17 Subd. 3. Cause of action. (a) The following persons may bring an action to enjoin 116.18 violation of this section or to recover damages under this section: 116.19 (1) the obligor, the person named as the debtor, any person who owns an interest 116.20 in the collateral described or indicated in the financing statement, or any person harmed 116.21 by the filing of the financing statement; 116.22 (2) the attorney general; 116.23 (3) a county attorney; 116.24 (4) a city attorney; and 116.25 (5) a person who has been damaged as a result of an action taken in reliance on the 116.26 filed financing statement. 116.27 (b) A filing officer may refer a matter to the attorney general or other appropriate 116.28 person for filing the legal actions under this section. 116.29 Subd. 4. Venue. An action under this section may be brought in any district court in 116.30 the county in which the financing statement is presented for filing or in a county where 116.31 any of the persons named in subdivision 3, paragraph (a), clause (1), reside. 116.32 Subd. 5. Filing fee. (a) The fee for filing an action under this chapter is $....... The 116.33 plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as 116.34 provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or 116.35 expense by the clerk of the court or other public official in connection with the action. 117.1 (b) The fee for service of notice of an action under this section charged to the 117.2 plaintiff may not exceed: 117.3 (1) $....... if the notice is delivered in person; or 117.4 (2) the cost of postage if the service is by registered or certified mail. 117.5 (c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file 117.6 with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure. 117.7 (d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes 117.8 for filing other similar actions and the plaintiff prevails in the action, the court may order a 117.9 defendant to pay to the court the differences between the fee paid under paragraph (a) and 117.10 the filing fee the court imposes for filing other similar actions. 117.11 Subd. 6. Other remedies. (a) An obligor, person named as a debtor, owner of 117.12 collateral, or any other person harmed by the filing of a financing statement in violation of 117.13 subdivision 2, paragraph (a), also may request specific relief, including, but not limited 117.14 to, terminating the financing statement and removing the debtor named in the financing 117.15 statement from the index as provided in section 545.05, such that it will not appear in a 117.16 search under that debtor name. 117.17 (b) This law is cumulative of other law under which a person may obtain judicial 117.18 relief with respect to any filed or recorded document. 117.19 EFFECTIVE DATE.This section is effective July 1, 2006. 117.20 Sec. 13. [609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING 117.21 STATEMENTS. 117.22 Subdivision 1. Definition. As used in this section, "record" has the meaning given 117.23 in section 336.9-102. 117.24 Subd. 2. Crime described. A person who: 117.25 (1) knowingly causes to be presented for filing or promotes the filing of a record that: 117.26 (i) is not: 117.27 (A) related to a valid lien or security agreement; or 117.28 (B) filed pursuant to section 336.9-502(d); or 117.29 (ii) contains a forged signature or is based upon a document containing a forged 117.30 signature; or 117.31 (2) presents for filing or causes to be presented for filing a record with the intent that 117.32 it be used to harass or defraud any other person; 117.33 is guilty of a crime and may be sentenced as provided in subdivision 3. 118.1 Subd. 3. Penalties. (a) Except as provided in paragraph (b), a person who violates 118.2 subdivision 2 is guilty of a gross misdemeanor. 118.3 (b) A person who violates subdivision 2 is guilty of a felony and may be sentenced 118.4 to imprisonment for not more than five years or to payment of a fine of not more than 118.5 $10,000, or both, if the person: 118.6 (1) commits the offense with intent to influence or otherwise tamper with a juror or a 118.7 judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 118.8 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 118.9 performance of official duties in connection with a judicial proceeding; or 118.10 (2) commits the offense after having been previously convicted of a violation 118.11 of this section. 118.12 Subd. 4. Venue. A violation of this section may be prosecuted in either the county 118.13 of residence of the individual listed as debtor or the county in which the filing is made. 118.14 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 118.15 committed on or after that date. 118.16 ARTICLE 8 118.17 COMPUTER CRIMES 118.18 Section 1. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read: 118.19 Subdivision 1. Applicability. For purposes of sections 609.87 to609.89,609.891 118.20 andsection609.891609.8912 to 609.8913, the terms defined in this section have the 118.21 meanings given them. 118.22 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 118.23 committed on or after that date. 118.24 Sec. 2. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read: 118.25 Subd. 11. Computer security system. "Computer security system" means a 118.26 software program or computer device that:118.27(1)is intended to protect the confidentiality and secrecy of data and information 118.28 stored in or accessible through the computer system; and118.29(2) displays a conspicuous warning to a user that the user is entering a secure system118.30or requires a person seeking access to knowingly respond by use of an authorized code to118.31the program or device in order to gain access. 119.1 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 119.2 committed on or after that date. 119.3 Sec. 3. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 119.4 to read: 119.5 Subd. 13. Encryption. "Encryption" means any protective or disruptive measure, 119.6 including but not limited to, cryptography, enciphering, or encoding that: 119.7 (1) causes or makes any data, information, image, program, signal, or sound 119.8 unintelligible or unusable; or 119.9 (2) prevents, impedes, delays, or disrupts access to any data, information, image, 119.10 program, signal, or sound. 119.11 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 119.12 committed on or after that date. 119.13 Sec. 4. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 119.14 to read: 119.15 Subd. 14. Personal data. "Personal data" means any computer property or 119.16 computer program which contains records of the employment, salary, credit, or other 119.17 financial or personal information relating to another person. 119.18 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 119.19 committed on or after that date. 119.20 Sec. 5. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read: 119.21 Subdivision 1. Crime. A person is guilty of unauthorized computer access if the 119.22 person intentionally and withoutauthorityauthorization attempts to or does penetrate a 119.23 computer security system. 119.24 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 119.25 committed on or after that date. 119.26 Sec. 6. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read: 119.27 Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1 in a manner 119.28 that creates a risk to public health and safety is guilty of a gross misdemeanor and may 119.29 be sentenced to imprisonment for a term of not more than one year or to payment of 119.30 a fine of not more than $3,000, or both. 120.1 (b) A person who violates subdivision 1 in a manner that compromises the security 120.2 of data that are protected under section 609.52, subdivision 2, clause (8), or are not public 120.3 data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may 120.4 be sentenced under paragraph (a). 120.5 (c) A person who violates subdivision 1 and gains access to personal data is guilty of 120.6 a gross misdemeanor and may be sentenced under paragraph (a). 120.7 (d) A person who is convicted of a second or subsequent misdemeanor violation of 120.8 subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced 120.9 under paragraph (a). 120.10 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 120.11 committed on or after that date. 120.12 Sec. 7. [609.8912] CRIMINAL USE OF ENCRYPTION. 120.13 Subdivision 1. Crime. Whoever intentionally uses or attempts to use encryption to 120.14 do any of the following is guilty of criminal use of encryption and may be sentenced as 120.15 provided in subdivision 2: 120.16 (1) to commit, further, or facilitate conduct constituting a crime; 120.17 (2) to conceal the commission of any crime; 120.18 (3) to conceal or protect the identity of a person who has committed any crime; or 120.19 (4) to prevent, impede, delay, or disrupt the normal operation or use of another's 120.20 computer, computer program, or computer system. 120.21 Subd. 2. Penalties. (a) A person who violates subdivision 1 may be sentenced 120.22 to imprisonment for not more than five years or to payment of a fine of not more than 120.23 $10,000, or both, if: 120.24 (1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or 120.25 (2) the person has two or more prior convictions for an offense under this section, 120.26 section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United 120.27 States, the District of Columbia, tribal lands, and United States territories. 120.28 (b) A person who violates subdivision 1, under circumstances not described in 120.29 paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for 120.30 not more than one year or to payment of a fine of not more than $3,000, or both. 120.31 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 120.32 committed on or after that date. 121.1 Sec. 8. [609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY 121.2 SYSTEM. 121.3 A person is guilty of a gross misdemeanor if the person knows or has reason to 121.4 know that by facilitating access to a computer security system the person is aiding 121.5 another who intends to commit a crime and in fact commits a crime. For purposes of this 121.6 section, "facilitating access" includes the intentional disclosure of a computer password, 121.7 identifying code, personal information number, or other confidential information about a 121.8 computer security system which provides a person with the means or opportunity for the 121.9 commission of a crime. 121.10 EFFECTIVE DATE.This section is effective August 1, 2006, and applies to crimes 121.11 committed on or after that date.