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:

<a id="go.1.0.0"></a>2.22                                           <b>ARTICLE 1</b>
2.23                           <b>GENERAL CRIMINAL AND SENTENCING PROVISIONS</b>

<a id="go.1.1.0"></a>2.24        Section 1. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 
2.25    amended to read:
2.26        Subd. 5. <b>Procedures in cases where state intends to seek an aggravated </b>
2.27    <b>departure.</b> (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 <ins>or the state's request for an aggravated sentence under any </ins>
2.31    <ins>sentencing enhancement statute or the state's request for a mandatory minimum under </ins>
2.32    <ins>section 609.11 </ins>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     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment </ins>
3.9     <ins>and applies to sentencing hearings and sentencing departures sought on or after that date. </ins>

<a id="go.1.2.0"></a>3.10        Sec. 2. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is 
3.11    amended to read:
3.12        Subd. 6. <b>Defendants to present evidence and argument.</b> In either a unitary or 
3.13    bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence 
3.14    and argument to the jury or factfinder regarding whether facts exist that would justify 
3.15    an aggravated <del>durational</del> departure<ins> or an aggravated sentence under any sentencing </ins>
3.16    <ins>enhancement statute or a mandatory minimum sentence under section 609.11</ins>. 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment </ins>
3.21    <ins>and applies to sentencing hearings and sentencing departures sought on or after that date.</ins>

<a id="go.1.3.0"></a>3.22        Sec. 3. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is 
3.23    amended to read:
3.24        Subd. 7. <b>Waiver of jury determination.</b> 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 <ins>or an aggravated sentence under any sentencing enhancement statute or a </ins>
3.29    <ins>mandatory minimum sentence under section 609.11 </ins>exist.
3.30    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment </ins>
3.31    <ins>and applies to sentencing hearings and sentencing departures sought on or after that date.</ins>

<a id="go.1.4.0"></a>3.32        Sec. 4. <ins><b>[340A.706] ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.</b></ins>
4.1         <ins>Subdivision 1.</ins> <ins><b>Definition.</b></ins> <ins>For purposes of this section, an "alcohol without liquid </ins>
4.2     <ins>device" is a device, machine, apparatus, or appliance that mixes an alcoholic beverage </ins>
4.3     <ins>with pure or diluted oxygen to produce an alcohol vapor that may be inhaled by an </ins>
4.4     <ins>individual. An "alcohol without liquid device" does not include an inhaler, nebulizer, </ins>
4.5     <ins>atomizer, or other device that is designed and intended specifically for medical purposes </ins>
4.6     <ins>to dispense prescribed or over-the-counter medications.</ins>
4.7         <ins>Subd. 2.</ins> <ins><b>Prohibition.</b></ins> <ins>Except as provided in subdivision 3, it is unlawful for any </ins>
4.8     <ins>person or business establishment to possess, purchase, sell, offer to sell, or use an alcohol </ins>
4.9     <ins>without liquid device.</ins>
4.10        <ins>Subd. 3.</ins> <ins><b>Research exemption.</b></ins> <ins>This section does not apply to a hospital that </ins>
4.11    <ins>operates primarily for the purpose of conducting scientific research, a state institution </ins>
4.12    <ins>conducting bona fide research, a private college or university conducting bona fide </ins>
4.13    <ins>research, or a pharmaceutical company or biotechnology company conducting bona fide </ins>
4.14    <ins>research.</ins>
4.15        <ins>Subd. 4.</ins> <ins><b>Penalty.</b></ins> <ins>Except as provided in subdivision 3, it is unlawful for any person </ins>
4.16    <ins>or business establishment to utilize a nebulizer, inhaler, or atomizer or other device as </ins>
4.17    <ins>described in subdivision 1, for the purposes of inhaling alcoholic beverages.</ins>
4.18    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
4.19    <ins>violations committed on or after that date. </ins>

<a id="go.1.5.0"></a>4.20        Sec. 5. Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
4.21        Subdivision 1. <b>Definitions.</b> (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    <ins>(g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the </ins>
5.15    <ins>meanings given them in section 609.02.</ins>
5.16    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
5.17    <ins>committed on or after that date.</ins>

<a id="go.1.6.0"></a>5.18        Sec. 6. Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
5.19        Subd. 4. <b>Requirements.</b> (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.<ins> The notification of change in address or location form must be prepared by </ins>
5.28    <ins>the Minnesota Animal Control Association and approved by the Board of Animal Health. </ins>
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<ins> dangerous </ins> 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) <del>If requested by the local animal control authority,</del> 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 <ins> to be </ins>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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
6.17    <ins>committed on or after that date.</ins>

<a id="go.1.7.0"></a>6.18        Sec. 7. Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
6.19        Subd. 5. <b>Seizure.</b> (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     <ins>(e) </ins>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    <del>(e)</del> <ins> (f) </ins>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    <del>(f)</del> <ins> (g) </ins>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    <del>(g)</del> <ins> (h) </ins>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     <del>(h)</del> <ins> (i) </ins>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     <del>(i)</del> <ins> (j) </ins>If circumstances exist threatening the life of a person or the life of any animal, 
8.6     local law enforcement or the local animal control authority <del>shall</del> <ins> may </ins>seize a regulated 
8.7     animal without an opportunity for hearing or court order, or destroy the animal.
8.8     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
8.9     <ins>committed on or after that date.</ins>

<a id="go.1.8.0"></a>8.10        Sec. 8. Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision 
8.11    to read:
8.12        <ins>Subd. 9a.</ins> <ins><b>Confinement and control.</b></ins> <ins>A person violates this subdivision who </ins>
8.13    <ins>possesses a regulated animal and negligently fails to control the animal or keep it properly </ins>
8.14    <ins>confined and as a result the animal causes bodily harm, substantial bodily harm, or great </ins>
8.15    <ins>bodily harm to another person.</ins>
8.16    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
8.17    <ins>committed on or after that date.</ins>

<a id="go.1.9.0"></a>8.18        Sec. 9. Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
8.19        Subd. 10. <b>Penalty.</b> <ins> (a) </ins>A person who knowingly violates subdivision 2, 3, <ins> paragraph </ins>
8.20    <ins>(b) or (c), </ins>or 4 is guilty of a misdemeanor.
8.21    <ins>(b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a </ins>
8.22    <ins>gross misdemeanor.</ins>
8.23    <ins>(c) A person who violates subdivision 9a resulting in bodily harm is guilty of a </ins>
8.24    <ins>misdemeanor and may be sentenced to imprisonment for not more than 90 days or to </ins>
8.25    <ins>payment of a fine of not more than $1,000, or both.</ins>
8.26    <ins>(d) A person who violates subdivision 9a resulting in substantial bodily harm is </ins>
8.27    <ins>guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than </ins>
8.28    <ins>one year or to payment of a fine of not more than $3,000, or both.</ins>
8.29    <ins>(e) A person who violates subdivision 9a resulting in great bodily harm or death </ins>
8.30    <ins>is guilty of a felony and may be sentenced to imprisonment for not more than two years </ins>
8.31    <ins>or to payment of a fine of not more than $5,000, or both, unless a greater penalty is </ins>
8.32    <ins>provided elsewhere.</ins>
9.1     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
9.2     <ins>committed on or after that date.</ins>

<a id="go.1.10.0"></a>9.3         Sec. 10. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, 
9.4     is amended to read:
9.5         Subd. 22. <b>Domestic abuse no contact order.</b> (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) <ins>A person is guilty of a gross misdemeanor who knowingly violates this </ins>
9.18    <ins>subdivision during the time period between a previous qualified domestic violence-related </ins>
9.19    <ins>offense conviction and the end of the five years following discharge from sentence for </ins>
9.20    <ins>that offense.</ins>
9.21    <ins>(d) </ins>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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
9.30    <ins>committed on or after that date.</ins>

<a id="go.1.11.0"></a>9.31        Sec. 11. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
9.32    amended to read:
10.1        Subd. 16. <b>Qualified domestic violence-related offense.</b> "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); <ins>518B.01, subdivision 22 </ins>
10.4    <ins>(violation of domestic abuse no contact order); </ins>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); <del>and</del> 609.749 (harassment/stalking); <ins>and 609.78, subdivision 2 (interference with </ins>
10.12   <ins>an emergency call);</ins> and similar laws of other states, the United States, the District of 
10.13   Columbia, tribal lands, and United States territories.
10.14   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
10.15   <ins>committed on or after that date.</ins>

<a id="go.1.12.0"></a>10.16       Sec. 12. Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4, 
10.17   is amended to read:
10.18       Subd. 4. <b>Increased sentence for offender who commits a sixth felony.</b> Whenever 
10.19   a person is convicted of a felony, and the judge is imposing an executed sentence based 
10.20   on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose 
10.21   an aggravated durational departure from the presumptive sentence up to the statutory 
10.22   maximum sentence if the factfinder determines that the offender has five or more prior 
10.23   felony convictions <del>and that the present offense is a felony that was committed as part </del>
10.24   <del>of a pattern of criminal conduct</del>.
10.25   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
10.26   <ins>committed on or after that date.</ins>

<a id="go.1.13.0"></a>10.27       Sec. 13. Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
10.28       Subd. 7. <b>Prosecutor shall establish.</b> <del>Whenever reasonable grounds exist to believe </del>
10.29   <del>that the defendant or an accomplice used a firearm or other dangerous weapon or had in </del>
10.30   <del>possession a firearm, at the time of commission of an offense listed in subdivision 9, </del>
10.31   <del>the prosecutor shall, at the time of trial or at the plea of guilty, present on the record </del>
10.32   <del>all evidence tending to establish that fact unless it is otherwise admitted on the record.</del> 
10.33   The question of whether the defendant or an accomplice, at the time of commission of 
11.1    an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
11.2    in possession a firearm shall be determined by the <del>court on the record </del><ins>factfinder </ins>at the 
11.3    time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the 
11.4    record of the trial or the plea of guilty. The <del>court</del> <ins>factfinder </ins>shall <ins>also </ins>determine <del>on the </del>
11.5    <del>record at the time of sentencing</del> whether the defendant has been convicted of a second or 
11.6    subsequent offense in which the defendant or an accomplice, at the time of commission 
11.7    of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
11.8    in possession a firearm.
11.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
11.10   <ins>committed on or after that date. </ins>

<a id="go.1.14.0"></a>11.11       Sec. 14. Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
11.12       Subd. 6. <b>Public employees with mandated duties.</b> 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, <ins>animal control officer, </ins>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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
11.22   <ins>committed on or after that date.</ins>

<a id="go.1.15.0"></a>11.23       Sec. 15. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
11.24       Subd. 4. <b>Felony.</b> Whoever violates the provisions of this section or section  
11.25   609.224, subdivision 1, <del>against the same victim</del> during the time period between the first 
11.26   of any combination of two or more previous qualified domestic violence-related offense 
11.27   convictions or adjudications of delinquency and the end of the five years following 
11.28   discharge from sentence or disposition for that offense is guilty of a felony and may be 
11.29   sentenced to imprisonment for not more than five years or payment of a fine of not more 
11.30   than $10,000, or both. 
11.31   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
11.32   <ins>committed on or after that date.</ins>

<a id="go.1.16.0"></a>12.1        Sec. 16. Minnesota Statutes 2004, section 609.233, subdivision 1, is amended to read:
12.2        Subdivision 1. <b>Crime.</b> A caregiver or operator who intentionally neglects a 
12.3    vulnerable adult or knowingly permits conditions to exist that result in the abuse or 
12.4    neglect of a vulnerable adult is guilty of <del>a gross misdemeanor</del><ins> criminal neglect and may </ins>
12.5    <ins>be sentenced as provided in subdivision 3</ins>. 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
12.9    <ins>committed on or after that date. </ins>

<a id="go.1.17.0"></a>12.10       Sec. 17. Minnesota Statutes 2004, section 609.233, is amended by adding a subdivision 
12.11   to read:
12.12       <ins>Subd. 3. </ins> <ins><b>Penalties. </b></ins> <ins>(a) Except as provided in paragraph (b), a caregiver or operator </ins>
12.13   <ins>who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced </ins>
12.14   <ins>to imprisonment for not more than one year or to payment of a fine of not more than </ins>
12.15   <ins>$3,000, or both. </ins>
12.16   <ins>(b) A caregiver, who is an individual and has responsibility for the care of a </ins>
12.17   <ins>vulnerable adult as a result of a family relationship, may be sentenced as follows: </ins>
12.18   <ins>(1) if a violation of subdivision 1 results in the death of the vulnerable adult, to </ins>
12.19   <ins>imprisonment for not more than ten years or to payment of a fine of not more than </ins>
12.20   <ins>$20,000, or both; or </ins>
12.21   <ins>(2) if a violation of subdivision 1 results in substantial bodily harm or the risk of </ins>
12.22   <ins>death, to imprisonment for not more than five years or payment of a fine of not more </ins>
12.23   <ins>than $10,000, or both. </ins>
12.24   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
12.25   <ins>committed on or after that date. </ins>

<a id="go.1.18.0"></a>12.26       Sec. 18. Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding 
12.27   a subdivision to read:
12.28       <ins>Subd. 3a. </ins> <ins><b>Mandatory sentence for certain engrained offenders. </b></ins> <ins>(a) A court shall </ins>
12.29   <ins>commit a person to the commissioner of corrections for a period of time that is not less </ins>
12.30   <ins>than double the presumptive sentence under the sentencing guidelines and not more than </ins>
12.31   <ins>the statutory maximum, or if the statutory maximum is less than double the presumptive </ins>
12.32   <ins>sentence, for a period of time that is equal to the statutory maximum, if:</ins>
13.1    <ins>(1) the court is imposing an executed sentence on a person convicted of committing </ins>
13.2    <ins>or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or </ins>
13.3    <ins>609.3453; </ins>
13.4    <ins>(2) the factfinder determines that the offender is a danger to public safety; and </ins>
13.5    <ins>(3) the factfinder determines that the offender's criminal sexual behavior is so </ins>
13.6    <ins>engrained that the risk of reoffending is great without intensive psychotherapeutic </ins>
13.7    <ins>intervention or other long-term treatment or supervision extending beyond the presumptive </ins>
13.8    <ins>term of imprisonment and supervised release.</ins>
13.9    <ins>(b) The factfinder shall base its determination that the offender is a danger to public </ins>
13.10   <ins>safety on any of the following factors:</ins>
13.11   <ins>(1) the crime involved an aggravating factor that would justify a durational departure </ins>
13.12   <ins>from the presumptive sentence under the sentencing guidelines;</ins>
13.13   <ins>(2) the offender previously committed or attempted to commit a predatory crime </ins>
13.14   <ins>or a violation of section 609.224 or 609.2242, including:</ins>
13.15   <ins>(i) an offense committed as a juvenile that would have been a predatory crime or a </ins>
13.16   <ins>violation of section 609.224 or 609.2242 if committed by an adult; or </ins>
13.17   <ins>(ii) a violation or attempted violation of a similar law of any other state or the United </ins>
13.18   <ins>States; or</ins>
13.19   <ins>(3) the offender planned or prepared for the crime prior to its commission.</ins>
13.20   <ins>(c) As used in this section, "predatory crime" has the meaning given in section </ins>
13.21   <ins>609.341, subdivision 22.</ins>
13.22   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
13.23   <ins>committed on or after that date. </ins>

<a id="go.1.19.0"></a>13.24       Sec. 19. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, 
13.25   is amended to read:
13.26       Subd. 4. <b>Mandatory life sentence; repeat offenders.</b> (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 <ins>factfinder determines that the </ins>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 <ins>this section or </ins>section 609.108 for the previous 
14.4    sex offense conviction; or
14.5    (3) the person has two prior sex offense convictions, <ins>and the factfinder determines </ins>
14.6    <ins>that </ins>the prior convictions and present offense involved at least three separate victims, and:
14.7    (i) the <ins>factfinder determines that the </ins>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 <ins>this section or </ins>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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
14.21   <ins>committed on or after that date. </ins>

<a id="go.1.20.0"></a>14.22       Sec. 20. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, 
14.23   is amended to read:
14.24       Subd. 8. <b>Terms of conditional release; applicable to all sex offenders.</b> (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. <ins>The commissioner shall develop a plan to pay the cost of treatment </ins>
14.35   <ins>of a person released under this subdivision. The plan may include co-payments from </ins>
15.1    <ins>offenders, third-party payers, local agencies, or other funding sources as they are identified. </ins>
15.2    <ins>This section does not require the commissioner to accept or retain an offender in a </ins>
15.3    <ins>treatment program. </ins>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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
15.11   <ins>committed on or after that date. </ins>

<a id="go.1.21.0"></a>15.12       Sec. 21. Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision 
15.13   to read:
15.14       <ins>Subd. 5.</ins> <ins><b>Venue.</b></ins> <ins>Notwithstanding anything to the contrary in section 627.01, an </ins>
15.15   <ins>offense committed under subdivision 1 or 3 may be prosecuted in:</ins>
15.16   <ins>(1) the county where the offense occurred; or</ins>
15.17   <ins>(2) the county where the underlying criminal act occurred. </ins>
15.18   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.1.22.0"></a>15.19       Sec. 22. <ins><b>[609.632] COUNTERFEITING OF CURRENCY.</b></ins>
15.20       <ins>Subdivision 1.</ins> <ins><b>Manufacturing; printing. </b></ins> <ins>Whoever, with the intent to defraud, </ins>
15.21   <ins>falsely makes, alters, prints, scans, images, or copies any United States postal money </ins>
15.22   <ins>order, United States currency, Federal Reserve note, or other obligation or security of the </ins>
15.23   <ins>United States so that it purports to be genuine or has different terms or provisions than that </ins>
15.24   <ins>of the United States Postal Service or United States Treasury is guilty of counterfeiting </ins>
15.25   <ins>and may be sentenced as provided in subdivision 4. </ins>
15.26       <ins>Subd. 2.</ins> <ins><b>Means for false reproduction. </b></ins> <ins>Whoever, with intent to defraud, makes, </ins>
15.27   <ins>engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, </ins>
15.28   <ins>paper, cloth, fabric, ink, or other material for the false reproduction of any United States </ins>
15.29   <ins>postal money order, United States currency, Federal Reserve note, or other obligation or </ins>
15.30   <ins>security of the United States is guilty of counterfeiting and may be sentenced as provided </ins>
15.31   <ins>in subdivision 4. </ins>
15.32       <ins>Subd. 3.</ins> <ins><b>Uttering or possessing. </b></ins> <ins>Whoever, with intent to defraud, utters or </ins>
15.33   <ins>possesses with intent to utter any counterfeit United States postal money order, United </ins>
16.1    <ins>States currency, Federal Reserve note, or other obligation or security of the United States, </ins>
16.2    <ins>having reason to know that the money order, currency, note, or obligation or security is </ins>
16.3    <ins>forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited </ins>
16.4    <ins>currency and may be sentenced as provided in subdivision 4. </ins>
16.5        <ins>Subd. 4.</ins> <ins><b>Penalty. </b></ins> <ins>(a) A person who is convicted of violating subdivision 1 or 2 </ins>
16.6    <ins>may be sentenced to imprisonment for not more than 20 years or to payment of a fine of </ins>
16.7    <ins>not more than $100,000, or both. </ins>
16.8    <ins>(b) A person who is convicted of violating subdivision 3 may be sentenced as </ins>
16.9    <ins>follows: </ins>
16.10   <ins>(1) to imprisonment for not more than 20 years or to payment of a fine of not more </ins>
16.11   <ins>than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain </ins>
16.12   <ins>property or services having a value of more than $35,000, or the aggregate face value of </ins>
16.13   <ins>the counterfeited item is more than $35,000; </ins>
16.14   <ins>(2) to imprisonment for not more than ten years or to payment of a fine of not more </ins>
16.15   <ins>than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain </ins>
16.16   <ins>property or services having a value of more than $2,500, or the aggregate face value of the </ins>
16.17   <ins>counterfeited item is more than $2,500; </ins>
16.18   <ins>(3) to imprisonment for not more than five years or to payment of a fine of not </ins>
16.19   <ins>more than $10,000, or both, if: </ins>
16.20   <ins>(i) the counterfeited item is used to obtain or in an attempt to obtain property or </ins>
16.21   <ins>services having a value of more than $250, or the aggregate face value of the counterfeited </ins>
16.22   <ins>item is more than $250; or </ins>
16.23   <ins>(ii) the counterfeited item is used to obtain or in an attempt to obtain property </ins>
16.24   <ins>or services having a value of no more than $250, or the aggregate face value of the </ins>
16.25   <ins>counterfeited item is no more than $250, and the person has been convicted within the </ins>
16.26   <ins>preceding five years for an offense under this section, section 609.24; 609.245; 609.52; </ins>
16.27   <ins>609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from </ins>
16.28   <ins>another state or the United States in conformity with any of those sections, and the person </ins>
16.29   <ins>received a felony or gross misdemeanor sentence for the offense, or a sentence that was </ins>
16.30   <ins>stayed under section 609.135 if the offense to which a plea was entered would allow the </ins>
16.31   <ins>imposition of a felony or gross misdemeanor sentence; or </ins>
16.32   <ins>(4) to imprisonment for not more than one year or to payment of a fine of not more </ins>
16.33   <ins>than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain </ins>
16.34   <ins>property or services having a value of no more than $250, or the aggregate face value of </ins>
16.35   <ins>the counterfeited item is no more than $250. </ins>
17.1        <ins>Subd. 5.</ins> <ins><b>Aggregation; venue. </b></ins> <ins>In any prosecution under this section, the value of the </ins>
17.2    <ins>counterfeited United States postal money orders, United States currency, Federal Reserve </ins>
17.3    <ins>notes, or other obligations or securities of the United States, offered by the defendant in </ins>
17.4    <ins>violation of this section within any six-month period may be aggregated and the defendant </ins>
17.5    <ins>charged accordingly in applying the provisions of this section. When two or more offenses </ins>
17.6    <ins>are committed by the same person in two or more counties, the accused may be prosecuted </ins>
17.7    <ins>in any county in which one of the counterfeited items was forged, offered, or possessed, </ins>
17.8    <ins>for all of the offenses aggregated under this subdivision. </ins>
17.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
17.10   <ins>committed on or after that date.</ins>

<a id="go.1.23.0"></a>17.11       Sec. 23. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 
17.12   to read:
17.13       <ins>Subd. 7.</ins> <ins><b>Conditional release term.</b></ins> <ins>Notwithstanding the statutory maximum </ins>
17.14   <ins>sentence otherwise applicable to the offense or any provision of the sentencing guidelines, </ins>
17.15   <ins>when a court commits a person to the custody of the commissioner of corrections for </ins>
17.16   <ins>violating this section, the court shall provide that after the person has completed the </ins>
17.17   <ins>sentence imposed, the commissioner shall place the person on conditional release for five </ins>
17.18   <ins>years. If the person has previously been convicted of a violation of this section, section </ins>
17.19   <ins>609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar </ins>
17.20   <ins>statute of the United States, this state, or any state, the commissioner shall place the </ins>
17.21   <ins>person on conditional release for ten years. The terms of conditional release are governed </ins>
17.22   <ins>by section 609.3455, subdivision 8.</ins>
17.23   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
17.24   <ins>committed on or after that date. </ins>

<a id="go.1.24.0"></a>17.25       Sec. 24. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 
17.26   to read:
17.27       <ins>Subd. 9.</ins> <ins><b>Conditional release term.</b></ins> <ins>Notwithstanding the statutory maximum </ins>
17.28   <ins>sentence otherwise applicable to the offense or any provision of the sentencing guidelines, </ins>
17.29   <ins>when a court commits a person to the custody of the commissioner of corrections for </ins>
17.30   <ins>violating this section, the court shall provide that after the person has completed the </ins>
17.31   <ins>sentence imposed, the commissioner shall place the person on conditional release for five </ins>
17.32   <ins>years. If the person has previously been convicted of a violation of this section, section </ins>
17.33   <ins>609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar </ins>
18.1    <ins>statute of the United States, this state, or any state, the commissioner shall place the </ins>
18.2    <ins>person on conditional release for ten years. The terms of conditional release are governed </ins>
18.3    <ins>by section 609.3455, subdivision 8.</ins>
18.4    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
18.5    <ins>committed on or after that date. </ins>

<a id="go.1.25.0"></a>18.6        Sec. 25. Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:
18.7        Subd. 3. <b>Definition.</b> 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, <del>or the </del>
18.11   <del>Immigration and Naturalization Service,</del><ins> the Department of Homeland Security, or the </ins>
18.12   <ins>United States Postal Inspection Service, or their successor agencies,</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006.</ins>

<a id="go.1.26.0"></a>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.  <del>This section expires February 1, 2007. </del> 
18.22   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.1.27.0"></a>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.  <del>This section expires February 1, 2007. </del> 
18.28   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.1.28.0"></a>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.  <del>This section expires February 1, 2007. </del> 
19.4    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.1.29.0"></a>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.  <del>This section expires February 1, 2007. </del> 
19.10   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.1.30.0"></a>19.11       Sec. 30. <ins><b>SENTENCING GUIDELINES MODIFICATIONS.</b></ins>
19.12   <ins>(a) Except as provided in paragraph (b), the modifications related to sex offenses </ins>
19.13   <ins>proposed by the Minnesota Sentencing Guidelines Commission and described in the </ins>
19.14   <ins>January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on </ins>
19.15   <ins>August 1, 2008.</ins>
19.16   <ins>(b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, </ins>
19.17   <ins>clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected </ins>
19.18   <ins>and do not take effect.</ins>
19.19   <ins>(c) The commission is requested to rank violations of:</ins>
19.20   <ins>(1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), </ins>
19.21   <ins>at severity level C; </ins>
19.22   <ins>(2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;</ins>
19.23   <ins>(3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), </ins>
19.24   <ins>at severity level E; and </ins>
19.25   <ins>(4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.</ins>
19.26   <ins>(d) If the commission decides to make the changes requested in paragraph (c), it </ins>
19.27   <ins>shall ensure that the changes are effective on August 1, 2008, and publish an updated </ins>
19.28   <ins>version of the sentencing guidelines that include the changes by that date.</ins>
19.29   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>

<a id="go.1.31.0"></a>19.30       Sec. 31. <ins><b>REVISOR'S INSTRUCTION.</b></ins>
19.31   <ins>When appropriate, the revisor of statutes shall replace statutory references to </ins>
19.32   <ins>Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a. </ins>
20.1    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
20.2    <ins>committed on or after that date.</ins>

<a id="go.1.32.0"></a>20.3        Sec. 32. <ins><b> REPEALER.</b></ins>
20.4    <ins>Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions </ins>
20.5    <ins>1 and 3,</ins><ins> and</ins><ins> Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4, </ins>
20.6    <ins>6, and 7; and 609.109, subdivisions 2, 4, 5, and 6,</ins><ins> are repealed.</ins>
20.7    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
20.8    <ins>committed on or after that date.</ins>

<a id="go.2.0.0"></a>20.9                                           <b>ARTICLE 2</b>
20.10                      <b>CONTROLLED SUBSTANCES, DWI, AND DRIVING PROVISIONS</b>

<a id="go.2.1.0"></a>20.11       Section 1. Minnesota Statutes 2004, section 169.13, is amended to read:
20.12   <b>169.13 RECKLESS</b><del><b> OR</b></del><ins><b>,</b></ins><b> CARELESS</b><ins><b>, OR EXHIBITION</b></ins><b> DRIVING.</b>
20.13       Subdivision 1. <b>Reckless driving.</b> <ins>(a) </ins>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   <ins>(b) A person shall not race any vehicle upon any street or highway of this state. </ins>
20.17   <ins>Any person who willfully compares or contests relative speeds by operating one or more </ins>
20.18   <ins>vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed </ins>
20.19   <ins>contested or compared is in excess of the maximum speed prescribed by law.</ins>
20.20       Subd. 2. <b>Careless driving.</b> 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       <ins>Subd. 2a.</ins> <ins><b>Exhibition driving.</b></ins> <ins>A person who operates any vehicle in such a </ins>
20.25   <ins>manner as to start or accelerate with an unnecessary exhibition of speed is guilty of a </ins>
20.26   <ins>petty misdemeanor. Prima facie evidence of an unnecessary exhibition of speed is the </ins>
20.27   <ins>unreasonable squealing or screeching sounds emitted by the vehicle's tires or the throwing </ins>
20.28   <ins>of sand or gravel by the vehicle's tires, or both.</ins>
20.29       Subd. 3. <b>Application.</b> <ins>(a) </ins>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 connecting <del>such a</del><ins> the </ins> parking lot with a street or highway.
21.3    <ins>(b) This section does not apply to:</ins>
21.4    <ins>(1) an authorized emergency vehicle, when responding to an emergency call or when </ins>
21.5    <ins>in pursuit of an actual or suspected violator; </ins>
21.6    <ins>(2) the emergency operation of any vehicle when avoiding imminent danger; or</ins>
21.7    <ins>(3) any raceway, racing facility, or other public event sanctioned by the appropriate </ins>
21.8    <ins>governmental authority.</ins>
21.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, for violations </ins>
21.10   <ins>committed on or after that date.</ins>

<a id="go.2.2.0"></a>21.11       Sec. 2. Minnesota Statutes 2004, section 169A.20, subdivision 1, is amended to read:
21.12       Subdivision 1. <b>Driving while impaired crime.</b> 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<ins>, or its metabolite, </ins> other than marijuana or tetrahydrocannabinols.
21.30   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
21.31   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.3.0"></a>21.32       Sec. 3. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
22.1        Subdivision 1. <b>Degree described.</b> 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; <del>or</del>
22.5    (2) has previously been convicted of a felony under this section<ins>; or</ins>
22.6    <ins>(3) within the past ten years, has been convicted of a felony under section 609.21, </ins>
22.7    <ins>subdivision 1, clause (2), (3), (4), (5) or (6); or 609.21, subdivision 3, clause (2), (3), </ins>
22.8    <ins>(4), (5) or (6)</ins>.
22.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
22.10   <ins>violations of section 169A.20 occurring on or after that date.</ins>

<a id="go.2.4.0"></a>22.11       Sec. 4. Minnesota Statutes 2004, section 169A.28, subdivision 1, is amended to read:
22.12       Subdivision 1. <b>Mandatory consecutive sentences.</b> <ins>(a) </ins>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   <ins>(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the </ins>
22.25   <ins>person is being sentenced to an executed prison term for a violation of section 169A.20 </ins>
22.26   <ins>(driving while impaired) under circumstances described in section 169A.24 (first-degree </ins>
22.27   <ins>driving while impaired). </ins>
22.28   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.2.5.0"></a>22.29       Sec. 5. Minnesota Statutes 2004, section 169A.45, subdivision 1, is amended to read:
22.30       Subdivision 1. <b>Alcohol concentration evidence.</b> 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 <ins>in the person's blood, breath, or urine, as shown by an analysis </ins>
23.4    <ins>of those items, </ins>of<ins>: </ins>
23.5    <ins>(1) a </ins> controlled <del>substances</del><ins> substance </ins> or<ins> its metabolite; or </ins>
23.6    <ins>(2) a </ins> hazardous <del>substances in the person's blood, breath, or urine as shown by an </del>
23.7    <del>analysis of those items</del><ins> substance</ins>. 
23.8    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
23.9    <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.6.0"></a>23.10       Sec. 6. Minnesota Statutes 2004, section 169A.51, subdivision 1, is amended to read:
23.11       Subdivision 1. <b>Implied consent; conditions; election of test.</b> (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, <ins>a </ins>controlled <del>substances</del><ins> substance or its metabolite</ins>, or <ins>a </ins>hazardous 
23.17   <del>substances</del><ins> substance</ins>. 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
23.33   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.7.0"></a>24.1        Sec. 7. Minnesota Statutes 2004, section 169A.51, subdivision 2, is amended to read:
24.2        Subd. 2. <b>Implied consent advisory.</b> 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<ins> or </ins>
24.8    <ins>metabolite</ins>, 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
24.18   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.8.0"></a>24.19       Sec. 8. Minnesota Statutes 2004, section 169A.51, subdivision 4, is amended to read:
24.20       Subd. 4. <b>Requirement of urine or blood test.</b> 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 <ins>a </ins>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<ins> or its metabolite</ins>, 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
24.31   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.9.0"></a>24.32       Sec. 9. Minnesota Statutes 2004, section 169A.51, subdivision 7, is amended to read:
25.1        Subd. 7. <b>Requirements for conducting tests; liability.</b> (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, <ins>a </ins>controlled <del>substances</del><ins> substance or its metabolite</ins>, or <ins>a </ins>hazardous <del>substances</del><ins> </ins>
25.6    <ins>substance</ins>. 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, <ins>a </ins>controlled <del>substances</del><ins> substance or its metabolite</ins>, or <ins>a </ins>
25.19   hazardous <del>substances</del><ins> substance </ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
25.24   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.10.0"></a>25.25       Sec. 10. Minnesota Statutes 2004, section 169A.52, subdivision 2, is amended to read:
25.26       Subd. 2. <b>Reporting test failure.</b> <ins>(a) </ins>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<ins> or its metabolite</ins>, 
25.34   other than marijuana or tetrahydrocannabinols.
26.1    <ins>(b) If a person submits to a test and the test results indicate the presence of a </ins>
26.2    <ins>hazardous substance, the results of that test must be reported to the authority having </ins>
26.3    <ins>responsibility for prosecution of impaired driving offenses for the jurisdiction in which the </ins>
26.4    <ins>acts occurred. </ins>
26.5    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
26.6    <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.11.0"></a>26.7        Sec. 11. Minnesota Statutes 2005 Supplement, section 169A.52, subdivision 4, is 
26.8    amended to read:
26.9        Subd. 4. <b>Test failure; license revocation.</b> (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<ins> or its metabolite</ins>, 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
27.4    <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.12.0"></a>27.5        Sec. 12. Minnesota Statutes 2005 Supplement, section 169A.53, subdivision 3, is 
27.6    amended to read:
27.7        Subd. 3. <b>Judicial hearing; issues, order, appeal.</b> (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<ins> or its metabolite</ins>, 
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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
28.25   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.13.0"></a>28.26       Sec. 13. Minnesota Statutes 2004, section 169A.60, subdivision 2, is amended to read:
28.27       Subd. 2. <b>Plate impoundment violation; impoundment order.</b> (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 <del>(c)</del><ins> (d)</ins>, 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
29.5    <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.14.0"></a>29.6        Sec. 14. Minnesota Statutes 2004, section 169A.60, subdivision 4, is amended to read:
29.7        Subd. 4. <b>Peace officer as agent for notice of impoundment.</b> 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 <del>(c)</del><ins> (d)</ins>, 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
29.20   <ins>impaired driving incidents occurring on or after that date. </ins>

<a id="go.2.15.0"></a>29.21       Sec. 15. Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is 
29.22   amended to read:
29.23       Subd. 2b. <b>Instruction permit use by person under age 18.</b> (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.<ins> Violation of this paragraph is a petty misdemeanor subject to section </ins>
30.10   <ins>169.89, subdivision 2.</ins>
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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective June 1, 2006, and applies to </ins>
30.17   <ins>violations committed on and after that date.</ins>

<a id="go.2.16.0"></a>30.18       Sec. 16. Minnesota Statutes 2005 Supplement, section 171.055, subdivision 2, is 
30.19   amended to read:
30.20       Subd. 2. <b>Use of provisional license.</b> (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.<ins> Violation of this paragraph is a petty </ins>
30.33   <ins>misdemeanor subject to section 169.89, subdivision 2.</ins>
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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective June 1, 2006, and applies to </ins>
31.6    <ins>violations committed on and after that date. </ins>

<a id="go.2.17.0"></a>31.7        Sec. 17. Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:
31.8        Subd. 2. <b>Chemically dependent person.</b> "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: <ins>opium, </ins>cocaine, heroin, phencyclidine, methamphetamine, 
31.19   or amphetamine.
31.20   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.2.18.0"></a>31.21       Sec. 18. <ins><b>REMEDIATION OF HARM CAUSED BY MISDEMEANOR </b></ins>
31.22   <ins><b>CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.</b></ins>
31.23       <ins>Subdivision 1. </ins> <ins><b>Remediation by commissioner. </b></ins> <ins>For infractions that occurred </ins>
31.24   <ins>between July 1, 2005, and June 30, 2006, the commissioner of public safety shall expunge </ins>
31.25   <ins>from a licensee's driving record a misdemeanor conviction for violating Minnesota </ins>
31.26   <ins>Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055, subdivision 2, </ins>
31.27   <ins>paragraph (b).  The commissioner is not obligated to expunge petty misdemeanor </ins>
31.28   <ins>violations of the statutes referenced in this subdivision.</ins>
31.29       <ins>Subd. 2. </ins> <ins><b>Remediation by courts. </b></ins> <ins>(a) A court in which a person was convicted for a </ins>
31.30   <ins>misdemeanor violation of Minnesota Statutes, section 171.05, subdivision 2b, paragraph </ins>
31.31   <ins>(d), or 171.055, subdivision 2, paragraph (b), that occurred between July 1, 2005, and </ins>
31.32   <ins>June 30, 2006, must vacate the conviction, on its own motion, without cost to the person </ins>
31.33   <ins>convicted, and must immediately notify the person that the conviction has been vacated. </ins>
32.1    <ins>A court shall not vacate petty misdemeanor violations of the statutes referenced in this </ins>
32.2    <ins>subdivision.</ins>
32.3    <ins>(b) The commissioner of finance, in consultation with the Supreme Court </ins>
32.4    <ins>administrator, shall develop and implement a procedure to refund defendants for any fine </ins>
32.5    <ins>in excess of $300 for a conviction vacated under paragraph (a), without requiring that the </ins>
32.6    <ins>defendant request a refund.  The procedure may require recovery of portions of the fines </ins>
32.7    <ins>that have been allocated by law to local governmental units.</ins>
32.8    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.2.19.0"></a>32.9        Sec. 19. <ins><b> REPEALER.</b></ins>
32.10   <ins>Minnesota Statutes 2004, section 169A.41, subdivision 4,</ins><ins> is repealed.</ins>
32.11   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to </ins>
32.12   <ins>impaired driving violations that occur on or after that date. </ins>

<a id="go.3.0.0"></a>32.13                                          <b>ARTICLE 3</b>
32.14                                        <b>PUBLIC SAFETY</b>

<a id="go.3.1.0"></a>32.15       Section 1. Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision 
32.16   to read:
32.17       <ins>Subd. 29.</ins> <ins><b>Juvenile offender photographs.</b></ins> <ins>Notwithstanding section 260B.171, </ins>
32.18   <ins>chapter 609A, or other law to the contrary, photographs or electronically produced images </ins>
32.19   <ins>of children adjudicated delinquent under chapter 260B shall not be expunged from law </ins>
32.20   <ins>enforcement records or databases.</ins>
32.21   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.2.0"></a>32.22       Sec. 2. Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 
32.23   read:
32.24       <ins>Subd. 4. </ins> <ins><b>Name and index service; data classification.</b></ins> <ins>(a) For purposes of this </ins>
32.25   <ins>section, "name and event index service" means the data held by the Bureau of Criminal </ins>
32.26   <ins>Apprehension that link data about an individual that are stored in one or more databases </ins>
32.27   <ins>maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, </ins>
32.28   <ins>and in the judiciary.</ins>
32.29   <ins>(b) Data collected, created, or maintained by the name and event index service </ins>
32.30   <ins>are classified as private data, pursuant to section 13.02, subdivision 12, and become </ins>
32.31   <ins>confidential data, pursuant to section 13.02, subdivision 3, when the data links private </ins>
33.1    <ins>or public data about a specific individual to any confidential data about that individual. </ins>
33.2    <ins>The data in the name and event index service revert to the private data classification when </ins>
33.3    <ins>no confidential data about a specific individual are maintained in the databases. The </ins>
33.4    <ins>classification of data in the name and event index service does not change the classification </ins>
33.5    <ins>of the data held in the databases linked by the service.</ins>
33.6    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.3.0"></a>33.7        Sec. 3. Minnesota Statutes 2004, section 181.973, is amended to read:
33.8    <b>181.973 </b><del><b>EMPLOYEE</b></del><ins><b> PUBLIC SAFETY</b></ins><b> PEER COUNSELING </b><ins><b>AND </b></ins>
33.9    <b>DEBRIEFING.</b>
33.10   A person engaged in a public safety peer counseling <ins>or a public safety peer </ins>debriefing 
33.11   shall not, without the permission of the person being debriefed<ins> or counseled</ins>, be allowed to 
33.12   disclose any information or opinion which the peer group member<ins> or peer counselor</ins> has 
33.13   acquired during the <del>debriefing</del><ins> process</ins>. 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<ins> or counseled</ins>.
33.19   For purposes of this paragraph, "public safety peer counseling<ins> or </ins> debriefing" 
33.20   means a group process oriented debriefing session<ins>, or one-to-one contact with a peer </ins>
33.21   <ins>counselor,</ins> 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-related <del>traumatic event</del><ins> trauma, illness, or stress</ins> begin 
33.25   the process of healing and effectively dealing with<del> posttraumatic stress</del><ins> the person's </ins>
33.26   <ins>problems or the use of the peer counselor for direction with referrals to better service </ins>
33.27   <ins>these occupation-related issues. A "peer counselor" means someone so designated by </ins>
33.28   <ins>that agency</ins>.
33.29   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.4.0"></a>33.30       Sec. 4. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, is 
33.31   amended to read:
33.32       Subd. 1b. <b>Registration required.</b> (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<ins>. If the person is required to register for life under Minnesota law, or the </ins>
34.32   <ins>law of any other state in which the person has been convicted or required to register</ins>, <del>in </del>
34.33   <del>which case</del> the 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment </ins>
35.15   <ins>and applies to any offender residing in Minnesota as of that date.</ins>

<a id="go.3.5.0"></a>35.16       Sec. 5. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4, is 
35.17   amended to read:
35.18       Subd. 4. <b>Contents of registration.</b> (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   <ins>(1) Except as provided in clause (2), </ins>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   <ins>(2) The requirements of this paragraph shall not apply during any period where the </ins>
36.15   <ins>person to be photographed is: (i) committed to the commissioner of corrections and </ins>
36.16   <ins>incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the </ins>
36.17   <ins>commissioner of human services and receiving treatment in a secure treatment facility.</ins>
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.

<a id="go.3.6.0"></a>38.1        Sec. 6. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4b, is 
38.2    amended to read:
38.3        Subd. 4b. <b>Health care facility; notice of status.</b> (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) <del>Upon admittance</del><ins> Prior to admission </ins> 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 admission <del>has occurred</del><ins> will occur</ins>.
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 <ins>is </ins>
38.19   <ins>planning to be admitted and receive, or </ins>has been admitted and is receiving health care 
38.20   at a health care facility shall notify the administrator of the facility<ins> and deliver a fact </ins>
38.21   <ins>sheet to the administrator containing the following information: (1) name and physical </ins>
38.22   <ins>description of the offender; (2) the offender's conviction history, including the dates of </ins>
38.23   <ins>conviction; (3) the risk level classification assigned to the offender under section 244.052, </ins>
38.24   <ins>if any; and (4) the profile of likely victims</ins>.
38.25   (d) Except for a hospital licensed under sections 144.50 to 144.58, <ins>if </ins>a health 
38.26   care facility <del>that</del> receives <del>notice under this subdivision that a predatory offender has </del>
38.27   <del>been admitted to the facility</del><ins> a fact sheet under paragraph (c) that includes a risk level </ins>
38.28   <ins>classification for the offender, and if the facility admits the offender, the facility </ins> shall 
38.29   <del>notify other</del><ins> distribute the fact sheet to all </ins> residents at the facility <del>of this fact</del>. If the facility 
38.30   determines that <del>notice</del><ins> distribution </ins> to a resident is not appropriate given the resident's 
38.31   medical, emotional, or mental status, the facility shall <del>notify</del><ins> distribute the fact sheet to </ins> the 
38.32   patient's next of kin or emergency contact.
38.33   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.7.0"></a>38.34       Sec. 7. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 
38.35   amended to read:
39.1        Subd. 6. <b>Registration period.</b> (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; <del>or</del>
40.1    (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<ins>; or</ins>
40.4    <ins>(5) if a person was required to register for life in any other state in which the person </ins>
40.5    <ins>was previously convicted or required to register</ins>.
40.6    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment </ins>
40.7    <ins>and applies to any offender in Minnesota as of that date.</ins>

<a id="go.3.8.0"></a>40.8        Sec. 8. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is 
40.9    amended to read:
40.10       Subd. 4. <b>Law enforcement agency; disclosure of information to public.</b> (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   <ins>(j) When a school, day care facility, or other entity or program that primarily </ins>
42.25   <ins>educates or serves children receives notice under paragraph (b), clause (3), that a level III </ins>
42.26   <ins>predatory offender resides or works in the surrounding community, notice to parents must </ins>
42.27   <ins>be made as provided in this paragraph. If the predatory offender identified in the notice is </ins>
42.28   <ins>participating in programs offered by the facility that require or allow the person to interact </ins>
42.29   <ins>with children other than the person's children, the principal or head of the entity must </ins>
42.30   <ins>notify parents with children at the facility of the contents of the notice received pursuant </ins>
42.31   <ins>to this section. The immunity provisions of subdivision 7 apply to persons disclosing </ins>
42.32   <ins>information under this paragraph.</ins>
42.33   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.9.0"></a>42.34       Sec. 9. <ins><b>[299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT </b></ins>
42.35   <ins><b>OPERATIONS CONFLICTS.</b></ins>
43.1    <ins>(a) Notwithstanding section 299C.405, the Department of Public Safety may employ </ins>
43.2    <ins>a secure subscription service designed to promote and enhance officer safety during </ins>
43.3    <ins>tactical operations by and between federal, state, and local law enforcement agencies </ins>
43.4    <ins>by notifying law enforcement agencies of conflicts where multiple law enforcement </ins>
43.5    <ins>operations may be occurring on the same subject or vehicle or on or near the same </ins>
43.6    <ins>location. The notification may include warrant executions, surveillance activities, SWAT </ins>
43.7    <ins>activities, undercover operations, and other investigative operations.</ins>
43.8    <ins>(b) Data created, collected, received, maintained, or disseminated by this system is </ins>
43.9    <ins>classified as criminal investigative data as defined in section 13.82, subdivision 7.</ins>
43.10   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.10.0"></a>43.11       Sec. 10. <ins><b>[299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN </b></ins>
43.12   <ins><b>REMAINS.</b></ins>
43.13       <ins>Subdivision 1.</ins> <ins><b>Handling of death scene investigations.</b></ins> <ins>(a) The Department of </ins>
43.14   <ins>Public Safety shall provide information to local law enforcement agencies about best </ins>
43.15   <ins>practices for handling death scene investigations.</ins>
43.16   <ins>(b) The Department of Public Safety shall identify any publications or training </ins>
43.17   <ins>opportunities that may be available to local law enforcement agencies or law enforcement </ins>
43.18   <ins>officers concerning the handling of death scene investigations.</ins>
43.19       <ins>Subd. 2.</ins> <ins><b>Law enforcement reports.</b></ins> <ins>(a) After performing any death scene </ins>
43.20   <ins>investigation considered appropriate under the circumstances, the official with custody of </ins>
43.21   <ins>the human remains shall ensure that the human remains are delivered to the appropriate </ins>
43.22   <ins>medical examiner.</ins>
43.23   <ins>(b) A person with custody of human remains that are not identified within 24 hours </ins>
43.24   <ins>of discovery shall promptly notify the Department of Public Safety of the location of </ins>
43.25   <ins>those remains.</ins>
43.26   <ins>(c) A person with custody of remains who cannot determine whether or not the </ins>
43.27   <ins>remains found are human shall notify the Department of Public Safety of the existence of </ins>
43.28   <ins>possible human remains.</ins>
43.29   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.11.0"></a>43.30       Sec. 11. Minnesota Statutes 2004, section 299C.095, subdivision 2, is amended to read:
43.31       Subd. 2. <b>Retention.</b> (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 <ins>adjudication was for an offense which requires registration pursuant to section 243.166 </ins>
44.18   <ins>or 243.167, or the </ins>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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.12.0"></a>44.33       Sec. 12. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
44.34   amended to read:
45.1        Subdivision 1. <b>Definitions.</b> (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, <ins>the Department of Corrections' Fugitive Apprehension </ins>
45.10   <ins>Unit,</ins> a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
45.11   the Minnesota State Patrol.
45.12   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.13.0"></a>45.13       Sec. 13. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 
45.14   amended to read:
45.15       Subd. 2. <b>Task force.</b> 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<ins> and who for the purpose of meetings of the full task force may be </ins>
45.33   <ins>compensated pursuant to section 15.059</ins>;
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   <ins>(17) one member appointed by the state chief information officer;</ins>
46.13   <del>(17)</del><ins> (18)</ins> one member appointed by the commissioner of public safety;
46.14   <del>(18)</del><ins> (19)</ins> one member appointed by the commissioner of corrections;
46.15   <del>(19)</del><ins> (20)</ins> one member appointed by the commissioner of administration; and
46.16   <del>(20)</del><ins> (21)</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.14.0"></a>46.22       Sec. 14. Minnesota Statutes 2004, section 299E.01, subdivision 2, is amended to read:
46.23       Subd. 2. <b>Responsibilities.</b> The division shall be responsible <ins>and shall utilize </ins>
46.24   <ins>state employees </ins>for security and public information services in <del>the Capitol complex of</del> 
46.25   state-owned buildings<ins> and state leased to own buildings in the Capitol area, as described </ins>
46.26   <ins>in section 15B.02</ins>; 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2007.</ins>

<a id="go.3.15.0"></a>46.29       Sec. 15. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
46.30       Subd. 5. <b>Appeal policy; variance.</b> 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    <ins>orders issued by a local fire official from </ins>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 consider <del>the decision</del><ins> any decisions </ins>
47.5    <ins>or recommendations </ins> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.3.16.0"></a>47.9        Sec. 16. Minnesota Statutes 2004, section 525.9214, is amended to read:
47.10   <b>525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND </b>
47.11   <b>NOTIFICATION.</b>
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.<ins> If a body is taken to a morgue, the person </ins>
48.2    <ins>who discovered the body must notify the person's dispatcher. A dispatcher notified under </ins>
48.3    <ins>this section must notify the state's federally designated organ procurement organization </ins>
48.4    <ins>and inform the organization of the deceased's name, donor status, and location.</ins>
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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>

<a id="go.3.17.0"></a>48.15       Sec. 17. Minnesota Statutes 2004, section 611A.0315, is amended to read:
48.16   <b>611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; </b>
48.17   <b>HARASSMENT.</b>
48.18       Subdivision 1. <b>Notice of decision not to prosecute.</b> (a) A prosecutor shall make 
48.19   every reasonable effort to notify a victim of domestic assault<ins>, a criminal sexual conduct </ins>
48.20   <ins>offense,</ins> 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<ins>, a criminal sexual conduct offense,</ins> 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. <b>Definitions.</b> 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    <ins>(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to </ins>
49.8    <ins>609.3453.</ins>
49.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.18.0"></a>49.10       Sec. 18. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
49.11       Subd. 8. <b>Suspension, revocation, or refusal to renew certification.</b> <ins>(a) </ins>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   <ins>(b) Any person aggrieved by a decision made by the state fire marshal under this </ins>
49.24   <ins>subdivision may petition the state fire marshal in writing to reconsider the decision. The </ins>
49.25   <ins>state fire marshal shall render a decision in writing within 30 days of receipt of the </ins>
49.26   <ins>written request for reconsideration. Following reconsideration, the person may appeal </ins>
49.27   <ins>the decision to the district court.</ins>
49.28   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.3.19.0"></a>49.29       Sec. 19. <ins><b>[626.9601] DEFINITIONS.</b></ins>
49.30       <ins>Subdivision 1.</ins> <ins><b>Scope of definitions.</b></ins> <ins>For purposes of sections 626.9601 to 626.9615, </ins>
49.31   <ins>the following terms have the meanings given them.</ins>
49.32       <ins>Subd. 2.</ins> <ins><b>Bloodborne pathogens.</b></ins> <ins>"Bloodborne pathogens" means pathogenic </ins>
49.33   <ins>microorganisms that are present in human blood and can cause disease in humans.  These </ins>
50.1    <ins>pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus </ins>
50.2    <ins>(HCV), and human immunodeficiency virus (HIV).</ins>
50.3        <ins>Subd. 3.</ins> <ins><b>Law enforcement agency.</b></ins> <ins>"Law enforcement agency" has the meaning </ins>
50.4    <ins>given in section 626.84, subdivision 1.</ins>
50.5        <ins>Subd. 4.</ins> <ins><b>Peace officer.</b></ins> <ins>"Peace officer" is an individual employed as a licensed </ins>
50.6    <ins>peace officer under section 626.84, subdivision 1.</ins>
50.7        <ins>Subd. 5.</ins> <ins><b>Source individual.</b></ins> <ins>"Source individual" means an individual, living </ins>
50.8    <ins>or dead, whose blood, tissue, or potentially infectious body fluids may be a source of </ins>
50.9    <ins>bloodborne pathogen exposure to a peace officer.</ins>
50.10       <ins>Subd. 6.</ins> <ins><b>Significant exposure.</b></ins> <ins>"Significant exposure" means contact likely to </ins>
50.11   <ins>transmit a bloodborne pathogen, in a manner supported by the most current guidelines and </ins>
50.12   <ins>recommendations of the United States Public Health Service at the time an evaluation </ins>
50.13   <ins>takes place, that includes:</ins>
50.14   <ins>(1) percutaneous injury, contact of mucous membrane or nonintact skin, or </ins>
50.15   <ins>prolonged contact of intact skin; and</ins>
50.16   <ins>(2) contact, in a manner that may transmit a bloodborne pathogen, with blood, </ins>
50.17   <ins>tissue, or potentially infectious body fluids.</ins>
50.18       <ins>Subd. 7.</ins> <ins><b>Facility.</b></ins> <ins>"Facility" means a hospital licensed under sections 144.50 to </ins>
50.19   <ins>144.56 or a freestanding emergency medical care facility licensed under Laws 1988, </ins>
50.20   <ins>chapter 467, that receives a peace officer for evaluation for significant exposure or a </ins>
50.21   <ins>source individual whose bodily fluids contacted a peace officer.</ins>
50.22   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.20.0"></a>50.23       Sec. 20. <ins><b>[626.9602] CONDITIONS FOR APPLICABILITY OF PROCEDURES.</b></ins>
50.24       <ins>Subdivision 1.</ins> <ins><b>Request for procedures.</b></ins> <ins>A peace officer or law enforcement agency </ins>
50.25   <ins>may request that a facility follow the procedures of sections 626.9601 to 626.9615 when a </ins>
50.26   <ins>peace officer may have experienced a significant exposure to a source individual.</ins>
50.27       <ins>Subd. 2.</ins> <ins><b>Conditions.</b></ins> <ins>A facility shall follow the procedures outlined in sections </ins>
50.28   <ins>626.9601 to 626.9615 when all of the following conditions are met:</ins>
50.29   <ins>(1) the facility determines that significant exposure has occurred, following the </ins>
50.30   <ins>protocol under section 626.9614;</ins>
50.31   <ins>(2) the licensed physician for the peace officer needs the source individual's </ins>
50.32   <ins>bloodborne pathogen test results to begin, continue, modify, or discontinue treatment, in </ins>
50.33   <ins>accordance with the most current guidelines of the United States Public Health Service, </ins>
50.34   <ins>because of possible exposure to a bloodborne pathogen; and</ins>
51.1    <ins>(3) the peace officer consents to provide a blood sample for testing for a bloodborne </ins>
51.2    <ins>pathogen.  If the peace officer consents to blood collection, but does not consent at that </ins>
51.3    <ins>time to bloodborne pathogen testing, the facility shall preserve the sample for at least 90 </ins>
51.4    <ins>days.  If the peace officer elects to have the sample tested within 90 days, the testing </ins>
51.5    <ins>shall be done as soon as feasible.</ins>
51.6        <ins>Subd. 3.</ins> <ins><b>Locating source individual.</b></ins> <ins>If the source individual is not received by a </ins>
51.7    <ins>facility but the facility is providing treatment to the peace officer, the law enforcement </ins>
51.8    <ins>agency shall make reasonable efforts to locate the source individual and inform the facility </ins>
51.9    <ins>of the source individual's identity and location.  The facility shall make a reasonable effort </ins>
51.10   <ins>to contact the source individual in order to follow the procedures in sections 626.9601 to </ins>
51.11   <ins>626.9615.  The law enforcement agency and facilities may exchange private data about </ins>
51.12   <ins>the source individual as necessary to fulfill their responsibilities under this subdivision, </ins>
51.13   <ins>notwithstanding any provision of law to the contrary.</ins>
51.14   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.21.0"></a>51.15       Sec. 21. <ins><b>[626.9603] INFORMATION REQUIRED TO BE GIVEN TO </b></ins>
51.16   <ins><b>INDIVIDUALS.</b></ins>
51.17       <ins>Subdivision 1.</ins> <ins><b>Information to source individual.</b></ins> <ins>(a) Before seeking any consent </ins>
51.18   <ins>required by the procedures under sections 626.9601 to 626.9615, a facility shall inform </ins>
51.19   <ins>the source individual that the source individual's bloodborne pathogen test results, without </ins>
51.20   <ins>the individual's name, address, or other uniquely identifying information, shall be reported </ins>
51.21   <ins>to the peace officer if requested, and that test results collected under sections 626.9601 to </ins>
51.22   <ins>626.9615 are for medical purposes as set forth in section 626.9609 and may not be used as </ins>
51.23   <ins>evidence in any criminal proceedings or civil proceedings, except for procedures under </ins>
51.24   <ins>sections 144.4171 to 144.4186.</ins>
51.25   <ins>(b) The facility shall inform the source individual of the insurance protections in </ins>
51.26   <ins>section 72A.20, subdivision 29.</ins>
51.27   <ins>(c) The facility shall inform the source individual that the individual may refuse to </ins>
51.28   <ins>provide a blood sample and that the source individual's refusal may result in a request for </ins>
51.29   <ins>a court order to require the source individual to provide a blood sample.</ins>
51.30   <ins>(d) The facility shall inform the source individual that the facility will advise the </ins>
51.31   <ins>peace officer of the confidentiality requirements and penalties before disclosing any test </ins>
51.32   <ins>information.</ins>
51.33       <ins>Subd. 2.</ins> <ins><b>Information to peace officer.</b></ins> <ins>(a) Before disclosing any information about </ins>
51.34   <ins>the source individual, the facility shall inform the peace officer of the confidentiality </ins>
52.1    <ins>requirements of section 626.9611 and that the peace officer may be subject to penalties for </ins>
52.2    <ins>unauthorized release of information about the source individual under section 626.9612.</ins>
52.3    <ins>(b) The facility shall inform the peace officer of the insurance protections in section </ins>
52.4    <ins>72A.20, subdivision 29.</ins>
52.5    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.22.0"></a>52.6        Sec. 22. <ins><b>[626.9604] DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN </b></ins>
52.7    <ins><b>TEST RESULTS.</b></ins>
52.8    <ins>If the conditions of sections 626.9602 and 626.9603 are met, the facility shall ask the </ins>
52.9    <ins>source individual and the peace officer if they have ever had a positive test for a bloodborne </ins>
52.10   <ins>pathogen.  The facility must attempt to get existing test results under this section before </ins>
52.11   <ins>taking any steps to obtain a blood sample or to test for bloodborne pathogens.  The facility </ins>
52.12   <ins>shall disclose the source individual's bloodborne pathogen test results to the peace officer </ins>
52.13   <ins>without the source individual's name, address, or other uniquely identifying information.</ins>
52.14   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.23.0"></a>52.15       Sec. 23. <ins><b>[626.9605] CONSENT PROCEDURES; GENERALLY.</b></ins>
52.16   <ins>(a) For purposes of sections 626.9601 to 626.9615, whenever the facility is required </ins>
52.17   <ins>to seek consent, the facility shall follow its usual procedure for obtaining consent from an </ins>
52.18   <ins>individual or an individual's representative consistent with other law applicable to consent.</ins>
52.19   <ins>(b) Consent from a source individual's representative for bloodborne pathogen </ins>
52.20   <ins>testing of an existing blood sample obtained from the source individual is not required if </ins>
52.21   <ins>the facility has made reasonable efforts to obtain the representative's consent and consent </ins>
52.22   <ins>cannot be obtained within 24 hours of a significant exposure.</ins>
52.23   <ins>(c) If testing of the source individual's blood occurs without consent because the </ins>
52.24   <ins>source individual is unable to provide consent or has left the facility and cannot be located, </ins>
52.25   <ins>and the source individual's representative cannot be located, the facility shall provide </ins>
52.26   <ins>the information required in section 626.9603 to the source individual or representative </ins>
52.27   <ins>whenever it is possible to do so.</ins>
52.28   <ins>(d) If a source individual dies before an opportunity to consent to blood collection </ins>
52.29   <ins>or testing under sections 626.9601 to 626.9615, the facility does not need consent of the </ins>
52.30   <ins>deceased person's representative for purposes of sections 626.9601 to 626.9615.</ins>
52.31   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.24.0"></a>52.32       Sec. 24. <ins><b>[626.9606] TESTING OF AVAILABLE BLOOD.</b></ins>
53.1        <ins>Subdivision 1.</ins> <ins><b>Procedures with consent.</b></ins> <ins>If the source individual is or was under </ins>
53.2    <ins>the care or custody of the facility and a sample of the source individual's blood is available </ins>
53.3    <ins>with the consent of the source individual, the facility shall test that blood for bloodborne </ins>
53.4    <ins>pathogens with the consent of the source individual, provided the conditions in sections </ins>
53.5    <ins>626.9602 and 626.9603 are met.</ins>
53.6        <ins>Subd. 2.</ins> <ins><b>Procedures without consent.</b></ins> <ins>If the source individual has provided a blood </ins>
53.7    <ins>sample with consent but does not consent to bloodborne pathogen testing, the facility shall </ins>
53.8    <ins>test for bloodborne pathogens if the peace officer or law enforcement agency requests the </ins>
53.9    <ins>test, provided all of the following criteria are met:</ins>
53.10   <ins>(1) the peace officer or law enforcement agency has documented exposure to blood </ins>
53.11   <ins>or body fluids during performance of the peace officer's duties;</ins>
53.12   <ins>(2) the facility has determined that a significant exposure has occurred and a licensed </ins>
53.13   <ins>physician for the peace officer has documented in the peace officer's medical record that </ins>
53.14   <ins>bloodborne pathogen test results are needed for beginning, modifying, continuing, or </ins>
53.15   <ins>discontinuing medical treatment for the peace officer under section 626.9614, subdivision </ins>
53.16   <ins>2;</ins>
53.17   <ins>(3) the peace officer provides a blood sample for testing for bloodborne pathogens </ins>
53.18   <ins>as soon as feasible;</ins>
53.19   <ins>(4) the facility asks the source individual to consent to a test for bloodborne </ins>
53.20   <ins>pathogens and the source individual does not consent;</ins>
53.21   <ins>(5) the facility has provided the source individual with all of the information required </ins>
53.22   <ins>by section 626.9603; and</ins>
53.23   <ins>(6) the facility has informed the  peace officer of the confidentiality requirements </ins>
53.24   <ins>of section 626.9611 and the penalties for unauthorized release of source information </ins>
53.25   <ins>under section 626.9612.</ins>
53.26       <ins>Subd. 3.</ins> <ins><b>Follow-up.</b></ins> <ins>The facility shall inform the source individual and the peace </ins>
53.27   <ins>officer of their own test results.  The facility shall inform the peace officer of the source </ins>
53.28   <ins>individual's test results without the source individual's name, address, or other uniquely </ins>
53.29   <ins>identifying information.</ins>
53.30   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.25.0"></a>53.31       Sec. 25. <ins><b>[626.9607] BLOOD SAMPLE COLLECTION FOR TESTING.</b></ins>
53.32       <ins>Subdivision 1.</ins> <ins><b>Procedures with consent.</b></ins> <ins>(a) If a blood sample is not otherwise </ins>
53.33   <ins>available, the facility shall obtain consent from the source individual before collecting </ins>
53.34   <ins>a blood sample for testing for bloodborne pathogens.  The consent process shall include </ins>
53.35   <ins>informing the source individual that the individual may refuse to provide a blood sample </ins>
54.1    <ins>and that the source individual's refusal may result in a request for a court order under </ins>
54.2    <ins>subdivision 2 to require the source individual to provide a blood sample.</ins>
54.3    <ins>(b) If the source individual consents to provide a blood sample, the facility shall </ins>
54.4    <ins>collect a blood sample and test the sample for bloodborne pathogens.</ins>
54.5    <ins>(c) The facility shall inform the peace officer about the source individual's test </ins>
54.6    <ins>results without the individual's name, address, or other uniquely identifying information. </ins>
54.7    <ins>The facility shall inform the source individual of the test results.</ins>
54.8    <ins>(d) If the source individual refuses to provide a blood sample for testing, the facility </ins>
54.9    <ins>shall inform the peace officer of the source individual's refusal.</ins>
54.10       <ins>Subd. 2.</ins> <ins><b>Procedures without consent.</b></ins> <ins>(a) A law enforcement agency or a peace </ins>
54.11   <ins>officer may bring a petition for a court order to require a source individual to provide a </ins>
54.12   <ins>blood sample for testing for bloodborne pathogens.  The petition shall be filed in the </ins>
54.13   <ins>district court in the county where the source individual resides or is hospitalized or where </ins>
54.14   <ins>the peace officer is being treated. The petitioner is not required to serve the petition on the </ins>
54.15   <ins>source individual prior to the hearing.  The petition shall include one or more affidavits </ins>
54.16   <ins>attesting that:</ins>
54.17   <ins>(1) the facility followed the procedures in sections  626.9601 to 626.9615 and </ins>
54.18   <ins>attempted to obtain bloodborne pathogen test results according to those sections;</ins>
54.19   <ins>(2) it has been determined under section 626.9614, subdivision 2, that a significant </ins>
54.20   <ins>exposure has occurred to the peace officer; and</ins>
54.21   <ins>(3) a physician with specialty training in infectious diseases, including HIV, has </ins>
54.22   <ins>documented that the peace officer has provided a blood sample and consented to testing </ins>
54.23   <ins>for bloodborne pathogens and bloodborne pathogen test results are needed for beginning, </ins>
54.24   <ins>continuing, modifying, or discontinuing medical treatment for the peace officer.</ins>
54.25   <ins>(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to </ins>
54.26   <ins>the extent that facility staff can attest under oath to the facts in the affidavits.</ins>
54.27   <ins>(c) The court must issue an order requiring the source individual to provide a </ins>
54.28   <ins>blood sample for bloodborne pathogen testing within 48 hours of receiving the order if </ins>
54.29   <ins>the court finds that:</ins>
54.30   <ins>(1) there is probable cause to believe the peace officer has experienced a significant </ins>
54.31   <ins>exposure to the source individual;</ins>
54.32   <ins>(2) a licensed physician for the peace officer needs the test results for beginning, </ins>
54.33   <ins>continuing, modifying, or discontinuing medical treatment for the peace officer; and</ins>
54.34   <ins>(3) there is a reasonable need for the test results.  In assessing reasonable need, </ins>
54.35   <ins>the court shall weigh the need for the court-ordered blood collection and test results </ins>
54.36   <ins>against the interests of the source individual, including, but not limited to, privacy, health, </ins>
55.1    <ins>safety, or economic interests.  The court shall also consider whether the involuntary blood </ins>
55.2    <ins>collection and testing would serve the public interest.</ins>
55.3    <ins>(d) As part of an order issued under this subdivision, the court must impose </ins>
55.4    <ins>appropriate safeguards against unauthorized disclosure that must specify the persons who </ins>
55.5    <ins>have access to the test results and the purposes for which the test results may be used.</ins>
55.6    <ins>(e) The court shall schedule the hearing within 24 hours of receiving the petition and </ins>
55.7    <ins>may conduct the proceeding in camera unless the court determines that a public hearing </ins>
55.8    <ins>is necessary for the proper administration of justice.  The source individual need not be </ins>
55.9    <ins>present or have received notice of the hearing for the court to proceed.  The evidence or </ins>
55.10   <ins>testimony in support or opposition to a petition may be made or taken by telephone, </ins>
55.11   <ins>facsimile transmission, video equipment, or other electronic communication.  The court </ins>
55.12   <ins>shall issue its ruling within 24 hours of the conclusion of the hearing.</ins>
55.13   <ins>(f) If the source individual did not make an appearance at the hearing, the petitioner </ins>
55.14   <ins>must personally serve the source individual with a copy of the ex parte order along with a </ins>
55.15   <ins>copy of the petition and supporting affidavits.  A notice of the right to contest the order and </ins>
55.16   <ins>the deadline for filing the appeal must accompany service of the order and petition.</ins>
55.17   <ins>(g) If the source individual did not make an appearance at the hearing, the source </ins>
55.18   <ins>individual may petition the court for a hearing to contest the court order. The source </ins>
55.19   <ins>individual's appeal must be filed within 48 hours of the person receiving the ex parte </ins>
55.20   <ins>order.  The person may not be compelled to submit to a blood test during the pendency </ins>
55.21   <ins>of an appeal.  The court must hold a hearing within 24 hours from the date the appeal is </ins>
55.22   <ins>filed.  The court may vacate its ex parte order if the source individual proves by clear and </ins>
55.23   <ins>convincing evidence that the person's bodily fluids did not contact the peace officer. The </ins>
55.24   <ins>court must issue a ruling within 24 hours of the conclusion of the hearing.</ins>
55.25   <ins>(h) A source individual who fails or refuses to comply with the terms and conditions </ins>
55.26   <ins>of an order issued under this section shall be in contempt of court and subject to </ins>
55.27   <ins>confinement under section 588.12 until the person has complied with the order.</ins>
55.28   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.26.0"></a>55.29       Sec. 26. <ins><b>[626.9608] NO DISCRIMINATION.</b></ins>
55.30   <ins>A facility shall not base decisions about admission to a facility or the provision of </ins>
55.31   <ins>care or treatment on any requirement that the source individual consent to bloodborne </ins>
55.32   <ins>pathogen testing under sections 626.9601 to 626.9615.</ins>
55.33   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.27.0"></a>56.1        Sec. 27. <ins><b>[626.9609] USE OF TEST RESULTS.</b></ins>
56.2    <ins>Bloodborne pathogen test results of a source individual obtained under sections </ins>
56.3    <ins>626.9601 to 626.9615 are for diagnostic purposes and to determine the need for treatment </ins>
56.4    <ins>or medical care specific to a bloodborne pathogen-related illness of a peace officer.  The </ins>
56.5    <ins>test results may not be used as evidence in any criminal proceedings or civil proceedings, </ins>
56.6    <ins>except for procedures under sections 144.4171 to 144.4186.</ins>
56.7    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.28.0"></a>56.8        Sec. 28. <ins><b>[626.9611] TEST INFORMATION CONFIDENTIALITY.</b></ins>
56.9        <ins>Subdivision 1.</ins> <ins><b>Private data.</b></ins> <ins>Information concerning test results obtained under </ins>
56.10   <ins>sections 626.9601 to 626.9615 is information protected from disclosure without consent </ins>
56.11   <ins>under section 144.335 with respect to private facilities and private data as defined in </ins>
56.12   <ins>section 13.02, subdivision 12, with respect to public facilities.</ins>
56.13       <ins>Subd. 2.</ins> <ins><b>Consent to release information.</b></ins> <ins>No facility, individual, or employer shall </ins>
56.14   <ins>disclose to a peace officer the name, address, or other uniquely identifying information </ins>
56.15   <ins>about a source individual without a written release signed by the source individual or the </ins>
56.16   <ins>source individual's legally authorized representative.  The facility shall not record the </ins>
56.17   <ins>name, address, or other uniquely identifying information about the source individual's test </ins>
56.18   <ins>results in the peace officer's medical records.</ins>
56.19   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.29.0"></a>56.20       Sec. 29. <ins><b>[626.9612] PENALTY FOR UNAUTHORIZED RELEASE OF </b></ins>
56.21   <ins><b>INFORMATION.</b></ins>
56.22   <ins>Unauthorized release by an individual, facility, or agency of a source individual's </ins>
56.23   <ins>name, address, or other uniquely identifying information under sections 626.9601 to </ins>
56.24   <ins>626.9615 is subject to the remedies and penalties under sections 13.08 and 13.09.  This </ins>
56.25   <ins>section does not preclude private causes of action against an individual, state agency, </ins>
56.26   <ins>statewide system, political subdivision, or person responsible for releasing private data </ins>
56.27   <ins>or information protected from disclosure.</ins>
56.28   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.30.0"></a>56.29       Sec. 30. <ins><b>[626.9613] RESPONSIBILITY FOR TESTING AND TREATMENT; </b></ins>
56.30   <ins><b>COSTS.</b></ins>
57.1    <ins>(a) The facility shall ensure that tests under sections 626.9601 to 626.9615 are </ins>
57.2    <ins>performed if requested by the peace officer or law enforcement agency, provided the </ins>
57.3    <ins>conditions set forth in sections 626.9601 to 626.9615 are met.</ins>
57.4    <ins>(b) The law enforcement agency that employs the peace officer who requests </ins>
57.5    <ins>testing under sections 626.9601 to 626.9615 must pay or arrange payment for the cost </ins>
57.6    <ins>of counseling, testing, and treatment of the peace officer and costs associated with the </ins>
57.7    <ins>testing of the source individual.</ins>
57.8    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.31.0"></a>57.9        Sec. 31. <ins><b>[626.9614] PROTOCOLS FOR EXPOSURE TO BLOODBORNE </b></ins>
57.10   <ins><b>PATHOGENS.</b></ins>
57.11       <ins>Subdivision 1.</ins> <ins><b>Law enforcement agency requirements.</b></ins> <ins>The law enforcement </ins>
57.12   <ins>agency shall have procedures for a peace officer to notify a facility that the person may </ins>
57.13   <ins>have experienced a significant exposure from a source individual.  The law enforcement </ins>
57.14   <ins>agency shall also have a protocol to locate the source individual if the facility has </ins>
57.15   <ins>not received the source individual and the law enforcement agency knows the source </ins>
57.16   <ins>individual's identity.</ins>
57.17       <ins>Subd. 2.</ins> <ins><b>Facility protocol requirements.</b></ins> <ins>Every facility shall adopt and follow a </ins>
57.18   <ins>postexposure protocol for peace officers who have experienced a significant exposure.  The </ins>
57.19   <ins>postexposure protocol must adhere to the most current recommendations of the United </ins>
57.20   <ins>States Public Health Service and include, at a minimum, the following:</ins>
57.21   <ins>(1) a process for peace officers to report an exposure in a timely fashion;</ins>
57.22   <ins>(2) a process for an infectious disease specialist, or a licensed physician who is </ins>
57.23   <ins>knowledgeable about the most current recommendations of the United States Public </ins>
57.24   <ins>Health Service in consultation with an infectious disease specialist;</ins>
57.25   <ins>(i) to determine whether a significant exposure to one or more bloodborne pathogens </ins>
57.26   <ins>has occurred; and</ins>
57.27   <ins>(ii) to provide, under the direction of a licensed physician, a recommendation </ins>
57.28   <ins>or recommendations for follow-up treatment appropriate to the particular bloodborne </ins>
57.29   <ins>pathogen or pathogens for which a significant exposure has been determined;</ins>
57.30   <ins>(3) if there has been a significant exposure, a process to determine whether the </ins>
57.31   <ins>source individual has a bloodborne pathogen through disclosure of test results, or through </ins>
57.32   <ins>blood collection and testing as required by sections 626.9601 to 626.9615;</ins>
57.33   <ins>(4) a process for providing appropriate counseling prior to and following testing for </ins>
57.34   <ins>a bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission </ins>
57.35   <ins>and follow-up recommendations according to the most current recommendations of the </ins>
58.1    <ins>United States Public Health Service, recommendations for testing, and treatment to the </ins>
58.2    <ins>peace officer;</ins>
58.3    <ins>(5) a process for providing appropriate counseling under clause (4) to the peace </ins>
58.4    <ins>officer and  the source individual; and</ins>
58.5    <ins>(6) compliance with applicable state and federal laws relating to data practices, </ins>
58.6    <ins>confidentiality, informed consent, and the patient bill of rights.</ins>
58.7    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.32.0"></a>58.8        Sec. 32. <ins><b>[626.9615] PENALTIES AND IMMUNITY.</b></ins>
58.9        <ins>Subdivision 1.</ins> <ins><b>Penalties.</b></ins> <ins>Any facility or person who willfully violates the </ins>
58.10   <ins>provisions of sections 626.9601 to 626.9615 is guilty of a misdemeanor.</ins>
58.11       <ins>Subd. 2.</ins> <ins><b>Immunity.</b></ins> <ins>A facility, licensed physician, and designated health care </ins>
58.12   <ins>personnel are immune from liability in any civil, administrative, or criminal action relating </ins>
58.13   <ins>to the disclosure of test results to a peace officer or law enforcement agency and the testing </ins>
58.14   <ins>of a blood sample from the source individual for bloodborne pathogens if a good faith </ins>
58.15   <ins>effort has been made to comply with sections 626.9601 to 626.9615.</ins>
58.16   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.3.33.0"></a>58.17       Sec. 33. Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to 
58.18   read:
<rs_table>58.19   Subd. 3. <b> Community Services</b>                         103,556,000       103,369,000
</rs_table><rs_table>58.20                           Summary by Fund                          
58.21   General Fund                       103,456,000     103,269,000
58.22   Special Revenue                        100,000         100,000
</rs_table>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  to <del>provide grants to</del><ins> reimburse</ins> counties <del>for </del>
60.8    <del>reimbursements</del><ins>, their designees, or courts</ins> 
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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.3.34.0"></a>62.21       Sec. 34. <ins><b>RICHFIELD DISABLED FIREFIGHTER HEALTH CARE </b></ins>
62.22   <ins><b>ELIGIBILITY REVIEW.</b></ins>
62.23       <ins>Subdivision 1. </ins> <ins><b>Authorization. </b></ins> <ins>An eligible individual specified in subdivision 2 is </ins>
62.24   <ins>authorized to have a review of health care coverage eligibility as specified in subdivision 3. </ins>
62.25       <ins>Subd. 2.</ins> <ins><b>Eligibility.</b></ins> <ins>An eligible person is an individual who:</ins>
62.26   <ins>(1) was a member of the Public Employees Retirement Association police and fire </ins>
62.27   <ins>plan due to employment as a firefighter with the city of Richfield;</ins>
62.28   <ins>(2) became disabled and was granted a duty-related disability benefit from the Public </ins>
62.29   <ins>Employees Retirement Association police and fire plan on November 20, 2002; and</ins>
62.30   <ins>(3) is not receiving employer-paid health care coverage under the program </ins>
62.31   <ins>established by Minnesota Statutes, section 299A.465, due to a determination by the city </ins>
62.32   <ins>of Richfield that the individual does not satisfy all eligibility requirements for inclusion </ins>
62.33   <ins>under that program.</ins>
63.1        <ins>Subd. 3.</ins> <ins><b>Treatment.</b></ins> <ins>Notwithstanding that the disability benefit was granted </ins>
63.2    <ins>before the creation of the review panel, and notwithstanding Minnesota Statutes, section </ins>
63.3    <ins>299A.465, subdivision 6, which requires that applications for review by the panel </ins>
63.4    <ins>created under that section be submitted to the panel within 90 days of approval of a </ins>
63.5    <ins>disability benefit application by the applicable retirement plan, an eligible individual </ins>
63.6    <ins>under subdivision 2 may submit an application to the panel within 90 days of the effective </ins>
63.7    <ins>date of this section. The panel shall make a determination of whether the firefighter meets </ins>
63.8    <ins>the requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a), </ins>
63.9    <ins>clause (2). The panel's final determination is binding on the applicant and the employer, </ins>
63.10   <ins>subject to any right of judicial review.</ins>
63.11   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.4.0.0"></a>63.12                                          <b>ARTICLE 4</b>
63.13                                         <b>CORRECTIONS</b>

<a id="go.4.1.0"></a>63.14       Section 1. Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to read:
63.15        Subdivision 1. <b>Unclassified positions.</b>  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) <del>chaplains employed by the state;</del>
64.18    <del>(15)</del> 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   <del> (16) </del><ins>(15) </ins>student workers;
64.23   <del> (17) </del><ins>(16) </ins>executive directors or executive secretaries appointed by and reporting to 
64.24   any policy-making board or commission established by statute;
64.25   <del> (18) </del><ins>(17) </ins>employees unclassified pursuant to other statutory authority;
64.26   <del> (19) </del><ins>(18) </ins>intermittent help employed by the commissioner of agriculture to perform 
64.27   duties relating to pesticides, fertilizer, and seed regulation;
64.28   <del> (20) </del><ins>(19) </ins>the administrators and the deputy administrators at the State Academies 
64.29   for the Deaf and the Blind; and
64.30   <del> (21) </del><ins>(20) </ins>chief executive officers in the Department of Human Services.
64.31   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.4.2.0"></a>64.32       Sec. 2. Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read:
64.33       Subdivision 1. <b>Screening of inmates.</b> <ins>(a) </ins>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    <ins>(b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the </ins>
65.6    <ins>commissioner may order the inmate to be tested.</ins>
65.7    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.4.3.0"></a>65.8        Sec. 3. <ins><b>[241.75] INMATE HEALTH CARE DECISIONS; MEDICAL </b></ins>
65.9    <ins><b>DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.</b></ins>
65.10       <ins>Subdivision 1.</ins> <ins><b>Definitions.</b></ins> <ins>The definitions in this subdivision apply to this section.</ins>
65.11   <ins>(a) "Commissioner" means the commissioner of corrections.</ins>
65.12   <ins>(b) "Decision-making capacity" means the ability to understand the significant </ins>
65.13   <ins>benefits, risks, and alternatives to proposed health care and to make and communicate a </ins>
65.14   <ins>health care decision.</ins>
65.15   <ins>(c) "Health care agent" or "agent" means the Department of Corrections medical </ins>
65.16   <ins>director who is a licensed physician employed by the commissioner of corrections to </ins>
65.17   <ins>provide services to inmates. </ins>
65.18   <ins>(d) "Health care power of attorney" means an instrument appointing one or more </ins>
65.19   <ins>health care agents to make health care decisions for the inmate.</ins>
65.20   <ins>(e) "Health care" means any care, treatment, service, or procedure to maintain, </ins>
65.21   <ins>diagnose, or otherwise affect a person's physical or mental condition.</ins>
65.22   <ins>(f) "Health care decision" means the consent, refusal of consent, or withdrawal </ins>
65.23   <ins>of consent to health care.</ins>
65.24   <ins>(g) "Next of kin" means an inmate's spouse, parent, adult children, or adult sibling.</ins>
65.25   <ins>(h) "Principal" means the Department of Corrections medical director.</ins>
65.26       <ins>Subd. 2.</ins> <ins><b>Health care agent; decisions.</b></ins> <ins> The commissioner shall appoint the </ins>
65.27   <ins>Department of Corrections medical director as the health care agent for inmates </ins>
65.28   <ins>incarcerated in correctional facilities in the absence of a documented health care decision </ins>
65.29   <ins>maker designated by the offender. If an inmate lacks decision-making capacity as </ins>
65.30   <ins>determined by a medical doctor, and the emergency contact person is not available or has </ins>
65.31   <ins>not been appointed as a health care agent under chapter 145C, and next of kin have been </ins>
65.32   <ins>contacted but are not available, then the Department of Corrections medical director has </ins>
65.33   <ins>the authority as principal to make health care decisions for the inmate.</ins>
65.34   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.4.4.0"></a>66.1        Sec. 4. Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to read:
66.2        Subd. 2. <b>Imposition of fee.</b> When a court <del>sentences</del><ins> places</ins> a person convicted of 
66.3    a crime<del>,</del> <del>and places the person</del> under 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.4.5.0"></a>66.7        Sec. 5. <ins><b>TRANSITION.</b></ins>
66.8    <ins>The incumbent of a position that is transferred from the unclassified to the classified </ins>
66.9    <ins>service under section 1 is appointed to the newly classified position.</ins>
66.10   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.0.0"></a>66.11                                          <b>ARTICLE 5</b>
66.12                                 <b>COURTS AND PUBLIC DEFENDERS</b>

<a id="go.5.1.0"></a>66.13       Section 1. Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read:
66.14       Subdivision 1. <b>Definition.</b> 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 a <del>municipal,</del> district <del>or county</del> court, 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.2.0"></a>66.23       Sec. 2. Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read:
66.24       Subd. 2. <b>General.</b> 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 a <del>municipal,</del> district 
66.28   <del>or county</del> court 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.3.0"></a>67.11       Sec. 3. Minnesota Statutes 2004, section 16D.04, subdivision 2, is amended to read:
67.12       Subd. 2. <b>Agency participation.</b> (a) A <del>state</del> <ins>referring </ins>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 referring <del>state</del> agency.
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   <ins>(c) If the referring agency is a court, the court must furnish a debtor's Social Security </ins>
67.26   <ins>number to the commissioner when the court refers the debt.</ins>
67.27   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>

<a id="go.5.4.0"></a>67.28       Sec. 4. Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read:
67.29       Subd. 3. <b>Order.</b> 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 
68.7    <del>or county</del> court, or by filing a certified copy of the order in the office of the county recorder.
68.8    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.5.0"></a>68.9        Sec. 5. Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read:
68.10       Subd. 13. <b>Violation of provision for stopping train at crossing.</b> 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 
68.13   <del>county or municipal</del> judge 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.6.0"></a>68.17       Sec. 6. Minnesota Statutes 2005 Supplement, section 270C.545, is amended to read:
68.18   <b>270C.545 FEDERAL TAX REFUND OFFSET FEES; TIME LIMIT FOR </b>
68.19   <b>SUBMITTING CLAIMS FOR OFFSET.</b>
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.<ins> For court debts referred to the </ins>
68.28   <ins>commissioner under section 16D.04, subdivision 2, paragraph (a), the federal refund offset </ins>
68.29   <ins>fees are deducted as provided in this section, but the ten-year time limit prescribed in </ins>
68.30   <ins>this section for tax debts does not apply. </ins>
68.31   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>

<a id="go.5.7.0"></a>69.1        Sec. 7. Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read:
69.2        Subdivision 1. <b>Notice; appraisers.</b> 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 
69.9    <del>county or municipal</del> judge 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.8.0"></a>69.15       Sec. 8. Minnesota Statutes 2004, section 347.04, is amended to read:
69.16   <b>347.04 PUBLIC NUISANCE.</b>
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 a <del>county </del>
69.19   <del>or municipal</del><ins> district court</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.9.0"></a>69.27       Sec. 9. Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read:
69.28       Subdivision 1. <b>Appointment by </b><del><b>county</b></del><ins><b> district</b></ins><b> judge.</b> 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    senior <del>county</del> judge 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.10.0"></a>70.19       Sec. 10. Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read:
70.20       Subd. 2. <b>May relocate Bloomington court.</b> Notwithstanding the provisions 
70.21   of section  488A.01, subdivision 9, the county of Hennepin may relocate the <del>municipal</del><ins> </ins>
70.22   <ins>district</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.11.0"></a>70.29       Sec. 11. Minnesota Statutes 2004, section 390.20, is amended to read:
70.30   <b>390.20 PERSON CHARGED ARRESTED.</b>
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 a <del>county or municipal</del><ins> district court</ins> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.12.0"></a>71.4        Sec. 12. Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read:
71.5        Subd. 2. <b>Subpoena power.</b> 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 
71.10   <del>county or municipal</del><ins> district court</ins> judge.
71.11   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.13.0"></a>71.12       Sec. 13. Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read:
71.13       Subdivision 1. <b>State employees; compensation.</b> (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   the <del>conference of chief judges</del><ins> Judicial Council</ins>, 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.14.0"></a>71.31       Sec. 14. Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read:
72.1        Subd. 2. <b>Election to retain insurance and benefits; retirement.</b> (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 the <del>conference of chief judges</del><ins> </ins>
72.23   <ins>Judicial Council</ins>, 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.15.0"></a>72.32       Sec. 15. Minnesota Statutes 2004, section 480.182, is amended to read:
72.33   <b>480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.</b>
73.1    <del>(a)</del> 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; <del>and</del>
73.11   (7) jury program costs<del>, not including personnel.</del><ins>; and</ins>
73.12   <del>(b) In counties in a judicial district under section  </del><del>480.181, subdivision 1</del><del>, paragraph </del>
73.13   <del>(b), the state courts shall pay the</del><ins> (8)</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.16.0"></a>73.18       Sec. 16. Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read:
73.19       Subdivision 1. <b>General.</b> The district courts shall have original jurisdiction in <ins>the </ins>
73.20   <ins>following cases:</ins>
73.21   <ins>(1) </ins>all civil actions within their respective districts<del>,</del><ins>;</ins>
73.22   <ins>(2) </ins> in all cases of crime committed or triable therein<del>,</del><ins>;</ins>
73.23   <ins>(3)</ins> in all special proceedings not exclusively cognizable by some other court or 
73.24   tribunal<del>, and</del><ins>;</ins>
73.25   <ins>(4) in law and equity for the administration of estates of deceased persons and all </ins>
73.26   <ins>guardianship and incompetency proceedings;</ins>
73.27   <ins>(5) the jurisdiction of a juvenile court as provided in chapter 260;</ins>
73.28   <ins>(6) proceedings for the management of the property of persons who have </ins>
73.29   <ins>disappeared, and actions relating thereto, as provided in chapter 576; and</ins>
73.30   <ins>(7)</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.17.0"></a>74.1        Sec. 17. Minnesota Statutes 2004, section 484.011, is amended to read:
74.2    <b>484.011 JURISDICTION </b><del><b>IN SECOND AND FOURTH JUDICIAL </b></del>
74.3    <del><b>DISTRICTS</b></del><b>.</b>
74.4    <del>In the Second and Fourth Judicial Districts </del>The district court shall also be a probate 
74.5    court.
74.6    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.18.0"></a>74.7        Sec. 18. Minnesota Statutes 2004, section 484.012, is amended to read:
74.8    <b>484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND </b>
74.9    <b>JUDICIAL DISTRICT.</b>
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,<ins> and</ins> who shall be supervised by the judicial 
74.14   district administrator<del>, and whose salary shall be fixed by the Ramsey County Board of </del>
74.15   <del>Commissioners</del>. 
74.16   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.19.0"></a>74.17       Sec. 19. Minnesota Statutes 2004, section 484.45, is amended to read:
74.18   <b>484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.</b>
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 the <del>court administrator and deputies as herein provided </del>
74.25   <del>for and the</del> county attorney and assistants <del>and the district judges of the district and the </del>
74.26   <del>official court reporter</del> for their traveling expenses actually and necessarily incurred in the 
74.27   performance of their respective official duties.
74.28   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.20.0"></a>74.29       Sec. 20. Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read:
74.30       Subd. 3. <b>Reimbursement filings.</b> 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 paid <del>by the commissioner of finance</del> from 
75.4    appropriations for this purpose.
75.5    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.21.0"></a>75.6        Sec. 21. Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read:
75.7        Subdivision 1. <b>Law clerk appointments.</b> <del>The</del><ins> Each</ins> district <del>judges regularly </del>
75.8    <del>assigned to hold court in each judicial district except for the Second, Fourth, and Tenth </del>
75.9    <del>Judicial Districts may by orders filed with the court administrator and county auditor of </del>
75.10   <del>each county in the district</del><ins> judge may</ins> appoint a competent law clerk<del> for every two district </del>
75.11   <del>court judges of the judicial district. The district judges regularly assigned to hold court </del>
75.12   <del>in the First and Tenth Judicial Districts may by orders filed with the court administrator </del>
75.13   <del>and county auditor of each county in the district appoint a competent law clerk for each </del>
75.14   <del>district court judge of the district</del>.
75.15   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.22.0"></a>75.16       Sec. 22. Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read:
75.17       Subd. 3. <b>Chambers and supplies.</b> The Board of County Commissioners of Ramsey 
75.18   County shall provide suitable chambers and courtroom space<del>, clerks,</del><ins> and</ins> bailiffs, <del>and </del>
75.19   <del>other personnel to assist said judge,</del> together with necessary library<del>,</del> supplies<del>, stationery </del>
75.20   and other expenses necessary<del> thereto</del>. The state shall provide referees, court reporters, law 
75.21   clerks, and guardian ad litem program coordinators and staff.
75.22   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.23.0"></a>75.23       Sec. 23. Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read:
75.24       Subd. 3. <b>Space; personnel; supplies.</b> The Board of County Commissioners of 
75.25   Hennepin County shall provide suitable chambers and courtroom space<del>, clerks,</del><ins> and</ins> 
75.26   bailiffs, <del>and other personnel to assist said judge,</del> together with necessary library<del>,</del> supplies<del>, </del>
75.27   <del>stationery</del> and other expenses necessary<del> thereto</del>. The state shall provide referees, court 
75.28   reporters, law clerks, and guardian ad litem program coordinators and staff.
75.29   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.24.0"></a>75.30       Sec. 24. Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:
76.1        Subdivision 1. <b>Appointment.</b> <del>By November 1, 1977,</del> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.25.0"></a>76.7        Sec. 25. Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to read:
76.8        Subd. 5. <b>Rules.</b> The Supreme Court<del>, in consultation with the conference of chief </del>
76.9    <del>judges,</del> shall adopt rules to implement the expedited child support hearing process under 
76.10   this section.
76.11   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.26.0"></a>76.12       Sec. 26. <ins><b>[484.80] LOCATION OF TRIAL RULE.</b></ins>
76.13   <ins>If a municipality is located in more than one county or district, the county in which </ins>
76.14   <ins>the city hall of the municipality is located determines the county or district in which the </ins>
76.15   <ins>municipality shall be deemed located for the purposes of this chapter provided, however, </ins>
76.16   <ins>that the municipality by ordinance enacted may designate, for those purposes, some other </ins>
76.17   <ins>county or district in which a part of the municipality is located.</ins>
76.18   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.27.0"></a>76.19       Sec. 27. <ins><b>[484.81] PLEADING; PRACTICE; PROCEDURE.</b></ins>
76.20       <ins>Subdivision 1.</ins> <ins><b>General.</b></ins> <ins>Pleading, practice, procedure, and forms in civil actions </ins>
76.21   <ins>shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme </ins>
76.22   <ins>Court.</ins>
76.23       <ins>Subd. 2.</ins> <ins><b>Court rules.</b></ins> <ins>The court may adopt rules governing pleading, practice, </ins>
76.24   <ins>procedure, and forms for civil actions which are not inconsistent with the provisions of </ins>
76.25   <ins>governing statutes.</ins>
76.26   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.28.0"></a>76.27       Sec. 28. <ins><b>[484.82] MISDEMEANOR OFFENSES.</b></ins>
76.28   <ins>A person who receives a misdemeanor citation shall proceed as follows: when a </ins>
76.29   <ins>fine is not paid, the person charged must appear before the court at the time specified in </ins>
76.30   <ins>the citation. If appearance before a misdemeanor bureau is designated in the citation, the </ins>
77.1    <ins>person charged must appear within the time specified in the citation and arrange a date for </ins>
77.2    <ins>arraignment in the district court.</ins>
77.3    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.29.0"></a>77.4        Sec. 29. <ins><b>[484.83] REINSTATEMENT OF FORFEITED SUMS.</b></ins>
77.5    <ins>A district court judge may order any sums forfeited to be reinstated and the </ins>
77.6    <ins>commissioner of finance shall then refund accordingly. The commissioner of finance shall </ins>
77.7    <ins>reimburse the court administrator if the court administrator refunds the deposit upon a </ins>
77.8    <ins>judge's order and obtains a receipt to be used as a voucher.</ins>
77.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.5.30.0"></a>77.10       Sec. 30. <ins><b>[484.84] DISPOSITION OF FINES, FEES, AND OTHER MONEY </b></ins>
77.11   <ins><b>ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT.</b></ins>
77.12       <ins>Subdivision 1.</ins> <ins><b>Disposition of fines, fees and other money; accounts. </b></ins> <ins>(a) </ins>
77.13   <ins>Except as otherwise provided herein and except as otherwise provided by law, the </ins>
77.14   <ins>court administrator shall pay to the Hennepin county treasurer all fines and penalties </ins>
77.15   <ins>collected by the court administrator, all fees collected by the court administrator for court </ins>
77.16   <ins>administrator's services, all sums forfeited to the court as hereinafter provided, and all </ins>
77.17   <ins>other money received by the court administrator. </ins>
77.18   <ins>(b) The court administrator shall provide the county treasurer with the name of the </ins>
77.19   <ins>municipality or other subdivision of government where the offense was committed and </ins>
77.20   <ins>the name and official position of the officer who prosecuted the offense for each fine or </ins>
77.21   <ins>penalty, and the total amount of fines or penalties collected for each such municipality or </ins>
77.22   <ins>other subdivision of government or for the county.</ins>
77.23   <ins>(c) At the beginning of the first day of any month the amount owing to any </ins>
77.24   <ins>municipality or county in the hands of the court administrator shall not exceed $5,000. 	</ins>
77.25   <ins>(d) On or before the last day of each month the county treasurer shall pay over to </ins>
77.26   <ins>the treasurer of each municipality or subdivision of government in Hennepin County all </ins>
77.27   <ins>fines or penalties collected during the previous month for offenses committed within </ins>
77.28   <ins>such municipality or subdivision of government, except that all such fines and penalties </ins>
77.29   <ins>attributable to cases in which the county attorney had charge of the prosecution shall be </ins>
77.30   <ins>retained by the county treasurer and credited to the county general revenue fund. 	</ins>
77.31   <ins>(e) Amounts represented by checks issued by the court administrator or received by </ins>
77.32   <ins>the court administrator which have not cleared by the end of the month may be shown </ins>
78.1    <ins>on the monthly account as having been paid or received, subject to adjustment on later </ins>
78.2    <ins>monthly accounts. 	</ins>
78.3    <ins>(f) The court administrator may receive negotiable instruments in payment of fines, </ins>
78.4    <ins>penalties, fees or other obligations as conditional payments, and is not held accountable </ins>
78.5    <ins>therefor until collection in cash is made and then only to the extent of the net collection </ins>
78.6    <ins>after deduction of the necessary expense of collection.</ins>
78.7        <ins>Subd. 2. </ins> <ins><b>Fees payable to administrator. </b></ins> <ins> (a) The civil fees payable to the </ins>
78.8    <ins>administrator for services are the same in amount as the fees then payable to the District </ins>
78.9    <ins>Court of Hennepin County for like services.  Library and filing fees are not required of </ins>
78.10   <ins>the defendant in an eviction action.  The fees payable to the administrator for all other </ins>
78.11   <ins>services of the administrator or the court shall be fixed by rules promulgated by a majority </ins>
78.12   <ins>of the judges. 	</ins>
78.13   <ins>(b) Fees are payable to the administrator in advance. 	</ins>
78.14   <ins>(c) Judgments will be entered only upon written application. 	</ins>
78.15   <ins>(d) The following fees shall be taxed for all charges filed in court where applicable: </ins>
78.16   <ins>(1) the state of Minnesota and any governmental subdivision within the jurisdictional </ins>
78.17   <ins>area of any district court herein established may present cases for hearing before said </ins>
78.18   <ins>district court; </ins>
78.19   <ins>(2) in the event the court takes jurisdiction of a prosecution for the violation of a </ins>
78.20   <ins>statute or ordinance by the state or a governmental subdivision other than a city or town </ins>
78.21   <ins>in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to </ins>
78.22   <ins>the treasurer of the governmental subdivision which submitted charges for prosecution </ins>
78.23   <ins>under ordinance violation and to the county treasurer in all other charges except where </ins>
78.24   <ins>a different disposition is provided by law, in which case, payment shall be made to the </ins>
78.25   <ins>public official entitled thereto.</ins>
78.26   <ins>(e) The following fees shall be taxed to the county or to the state or governmental </ins>
78.27   <ins>subdivision which would be entitled to payment of the fines, forfeiture or penalties in any </ins>
78.28   <ins>case, and shall be paid to the court administrator for disposing of the matter: 	</ins>
78.29   <ins>(1) For each charge where the defendant is brought into court and pleads guilty and </ins>
78.30   <ins>is sentenced, or the matter is otherwise disposed of without trial, $5. 	</ins>
78.31   <ins>(2) In arraignments where the defendant waives a preliminary examination, $10. 	</ins>
78.32   <ins>(3) For all other charges where the defendant stands trial or has a preliminary </ins>
78.33   <ins>examination by the court, $15. 	</ins>
78.34   <ins>(f) This paragraph applies to the distribution of fines paid by defendants without a </ins>
78.35   <ins>court appearance in response to a citation.  On or before the tenth day after the last day of </ins>
78.36   <ins>the month in which the money was collected, the county treasurer shall pay 80 percent </ins>
79.1    <ins>of the fines to the treasurer of the municipality or subdivision within the county where </ins>
79.2    <ins>the violation was committed.  The remainder of the fines shall be credited to the general </ins>
79.3    <ins>revenue fund of the county.      </ins>
79.4    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.5.31.0"></a>79.5        Sec. 31. <ins><b>[484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY; </b></ins>
79.6    <ins><b>ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.</b></ins>
79.7    <ins>(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution </ins>
79.8    <ins>for the violation of a statute or ordinance by the state or a governmental subdivision other </ins>
79.9    <ins>than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be </ins>
79.10   <ins>paid over to the county treasurer except where a different disposition is provided by law, </ins>
79.11   <ins>and the following fees shall be taxed to the state or governmental subdivision other than </ins>
79.12   <ins>a city or town within Ramsey County which would be entitled to payment of the fines, </ins>
79.13   <ins>forfeitures, or penalties in any case, and shall be paid to the administrator of the court for </ins>
79.14   <ins>disposal of the matter. The administrator shall deduct the fees from any fine collected for </ins>
79.15   <ins>the state of Minnesota or a governmental subdivision other than a city or town within </ins>
79.16   <ins>Ramsey County and transmit the balance in accordance with the law, and the deduction of </ins>
79.17   <ins>the total of the fees each month from the total of all the fines collected is hereby expressly </ins>
79.18   <ins>made an appropriation of funds for payment of the fees: </ins>
79.19   <ins>(1) in all cases where the defendant is brought into court and pleads guilty and is </ins>
79.20   <ins>sentenced, or the matter is otherwise disposed of without a trial, $5;</ins>
79.21   <ins>(2) in arraignments where the defendant waives a preliminary examination, $10;</ins>
79.22   <ins>(3) in all other cases where the defendant stands trial or has a preliminary </ins>
79.23   <ins>examination by the court, $15; and </ins>
79.24   <ins>(4) the court shall have the authority to waive the collection of fees in any particular </ins>
79.25   <ins>case.</ins>
79.26   <ins>(b) On or before the last day of each month, the county treasurer shall pay over </ins>
79.27   <ins>to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures </ins>
79.28   <ins>collected and to the treasurer of each other municipality or subdivision of government in </ins>
79.29   <ins>Ramsey County one-half of all fines or penalties collected during the previous month from </ins>
79.30   <ins>those imposed for offenses committed within the treasurer's municipality or subdivision </ins>
79.31   <ins>of government in violation of a statute; an ordinance; or a charter provision, rule, or </ins>
79.32   <ins>regulation of a city. All other fines and forfeitures and all fees and costs collected by the </ins>
79.33   <ins>district court shall be paid to the treasurer of Ramsey County, who shall dispense the </ins>
79.34   <ins>same as provided by law. </ins>
80.1    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.32.0"></a>80.2        Sec. 32. <ins><b>[484.86] COURT DIVISIONS.</b></ins>
80.3        <ins>Subdivision 1.</ins> <ins><b>Authority.</b></ins> <ins>Subject to the provisions of section 244.19 and rules of </ins>
80.4    <ins>the Supreme Court, a court may establish a probate division, a family court division, </ins>
80.5    <ins>juvenile division, and a civil and criminal division which shall include a conciliation </ins>
80.6    <ins>court, and may establish within the civil and criminal division a traffic and ordinance </ins>
80.7    <ins>violations bureau.</ins>
80.8        <ins>Subd. 2.</ins> <ins><b>Establishment.</b></ins> <ins>The court may establish, consistent with Rule 23 of the </ins>
80.9    <ins>Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines.</ins>
80.10   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.33.0"></a>80.11       Sec. 33. <ins><b>[484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN </b></ins>
80.12   <ins><b>CRIMINAL PROCEEDINGS.</b></ins>
80.13       <ins>Subdivision 1.</ins> <ins><b>Right to jury trial.</b></ins> <ins>In any prosecution brought in a district court in </ins>
80.14   <ins>which conviction of the defendant for the offense charged could result in imprisonment, </ins>
80.15   <ins>the defendant has the right to a jury trial.</ins>
80.16       <ins>Subd. 2.</ins> <ins><b>Prosecuting attorneys in Hennepin and Ramsey Counties.</b></ins> <ins>In the </ins>
80.17   <ins>counties of Hennepin and Ramsey, except as otherwise provided in this subdivision and </ins>
80.18   <ins>section 388.051, subdivision 2, the attorney of the municipality in which the violation is </ins>
80.19   <ins>alleged to have occurred has charge of the prosecution of all violations of the state laws, </ins>
80.20   <ins>including violations which are gross misdemeanors, and municipal charter provisions, </ins>
80.21   <ins>ordinances, rules, and regulations triable in the district court, and shall prepare complaints </ins>
80.22   <ins>for the violations. The county attorney has charge of the prosecution of a violation triable </ins>
80.23   <ins>in district court and shall prepare a complaint for the violation:</ins>
80.24   <ins>(1) if the county attorney is specifically designated by law as the prosecutor for the </ins>
80.25   <ins>particular violation charged; or</ins>
80.26   <ins>(2) if the alleged violation is of state law and is alleged to have occurred in a </ins>
80.27   <ins>municipality or other subdivision of government whose population according to the most </ins>
80.28   <ins>recent federal decennial census is less than 2,500 and whose governing body, or the town </ins>
80.29   <ins>board in the case of a town, has accepted this clause by majority vote, and if the defendant </ins>
80.30   <ins>is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a </ins>
80.31   <ins>member of the State Patrol.</ins>
80.32   <ins>Clause (2) shall not apply to a municipality or other subdivision of government </ins>
80.33   <ins>whose population according to the most recent federal decennial census is 2,500 or more, </ins>
80.34   <ins>regardless of whether or not it has previously accepted clause (2).</ins>
81.1        <ins>Subd. 3.</ins> <ins><b>Prosecuting attorneys. </b></ins> <ins>Except as provided in subdivision 2 and as </ins>
81.2    <ins>otherwise provided by law, violations of state law that are petty misdemeanors or </ins>
81.3    <ins>misdemeanors must be prosecuted by the attorney of the statutory or home rule charter </ins>
81.4    <ins>city where the violation is alleged to have occurred, if the city has a population greater </ins>
81.5    <ins>than 600. If a city has a population of 600 or less, it may, by resolution of the city council, </ins>
81.6    <ins>and with the approval of the board of county commissioners, give the duty to the county </ins>
81.7    <ins>attorney. In cities of the first, second, and third class, gross misdemeanor violations of </ins>
81.8    <ins>sections  </ins><ins>609.52</ins><ins>,  </ins><ins>609.535</ins><ins>,  </ins><ins>609.595</ins><ins>,  </ins><ins>609.631</ins><ins>, and </ins><ins>609.821</ins><ins> must be prosecuted by the </ins>
81.9    <ins>attorney of the city where the violation is alleged to have occurred. The statutory or </ins>
81.10   <ins>home rule charter city may enter into an agreement with the county board and the </ins>
81.11   <ins>county attorney to provide prosecution services for any criminal offense. All other petty </ins>
81.12   <ins>misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the </ins>
81.13   <ins>county attorney of the county in which the alleged violation occurred. All violations of </ins>
81.14   <ins>a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the </ins>
81.15   <ins>attorney for the governmental unit that promulgated the municipal ordinance, charter </ins>
81.16   <ins>provision, rule, or regulation, regardless of its population, or by the county attorney with </ins>
81.17   <ins>whom it has contracted to prosecute these matters.</ins>
81.18   <ins>In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of </ins>
81.19   <ins>state law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as </ins>
81.20   <ins>provided in section  </ins><ins>388.051, subdivision 2</ins><ins>, must be prosecuted by the attorney of the </ins>
81.21   <ins>statutory or home rule charter city where the violation is alleged to have occurred. The </ins>
81.22   <ins>statutory or home rule charter city may enter into an agreement with the county board and </ins>
81.23   <ins>the county attorney to provide prosecution services for any criminal offense. All other </ins>
81.24   <ins>petty misdemeanors, misdemeanors, or gross misdemeanors must be prosecuted by the </ins>
81.25   <ins>county attorney of the county in which the alleged violation occurred. All violations of </ins>
81.26   <ins>a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the </ins>
81.27   <ins>attorney for the governmental unit that promulgated the municipal ordinance, charter </ins>
81.28   <ins>provision, rule, or regulation or by the county attorney with whom it has contracted to </ins>
81.29   <ins>prosecute these matters.</ins>
81.30       <ins>Subd. 4.</ins> <ins><b>Presumption of innocence; conviction of lowest degree.</b></ins> <ins>In an action </ins>
81.31   <ins>or proceeding charging a violation of an ordinance of any subdivision of government in </ins>
81.32   <ins>Hennepin County, if such ordinance is the same or substantially the same as a state law, </ins>
81.33   <ins>the provisions of section 611.02 shall apply.</ins>
81.34       <ins>Subd. 5. </ins> <ins><b>Assistance of attorney general. </b></ins> <ins>An attorney for a statutory or home </ins>
81.35   <ins>rule charter city in the metropolitan area, as defined in section  </ins><ins>473.121, subdivision 2</ins><ins>, </ins>
81.36   <ins>may request, and the attorney general may provide, assistance in prosecuting nonfelony </ins>
82.1    <ins>violations of section  </ins><ins>609.66, subdivision 1</ins><ins>;  </ins><ins>609.666</ins><ins>;  </ins><ins>624.713, subdivision 2</ins><ins>;  </ins><ins>624.7131, </ins>
82.2    <ins>subdivision 11</ins><ins>;  </ins><ins>624.7132, subdivision 15</ins><ins>;  </ins><ins>624.714, subdivision 1</ins><ins> or 10;  </ins><ins>624.7162, </ins>
82.3    <ins>subdivision 3</ins><ins>; or  </ins><ins>624.7181, subdivision 2</ins><ins>.</ins>
82.4    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.34.0"></a>82.5        Sec. 34. <ins><b>[484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO </b></ins>
82.6    <ins><b>COUNTY.</b></ins>
82.7    <ins>A municipality or other subdivision of government seeking to use the county </ins>
82.8    <ins>attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county </ins>
82.9    <ins>board of its intention to use the services of the county attorney at least 60 days prior to </ins>
82.10   <ins>the adoption of the board's annual budget each year. A municipality may enter into an </ins>
82.11   <ins>agreement with the county board and the county attorney to provide prosecution services </ins>
82.12   <ins>for any criminal offense on a case-by-case basis.</ins>
82.13   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.35.0"></a>82.14       Sec. 35. <ins><b>[484.89] ORDER FOR PRISON RELEASE.</b></ins>
82.15   <ins>When a person is confined to the Hennepin County Adult Correctional Facility and a </ins>
82.16   <ins>fine is remitted or a sentence is stayed or suspended, the person released on parole, or the </ins>
82.17   <ins>release of the person secured by payment of the fine in default of which the person was </ins>
82.18   <ins>committed, the prisoner shall not be released except upon order of the court. A written </ins>
82.19   <ins>transcript of such order signed by the court administrator and under the court's seal shall </ins>
82.20   <ins>be furnished to the superintendent of the Hennepin County Adult Correctional Facility. </ins>
82.21   <ins>All cost of confinement or imprisonment in any jail or correctional facility shall be paid by </ins>
82.22   <ins>the municipality or subdivision of government in Hennepin County in which the violation </ins>
82.23   <ins>occurred, except that the county shall pay all costs of confinement or imprisonment </ins>
82.24   <ins>incurred as a result of a prosecution of a gross misdemeanor.</ins>
82.25   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.36.0"></a>82.26       Sec. 36. <ins><b>[484.90] FEES PAYABLE TO COURT ADMINISTRATOR.</b></ins>
82.27       <ins>Subdivision 1.</ins> <ins><b>Fees.</b></ins> <ins>The fees payable to the court administrator for the following </ins>
82.28   <ins>services in petty misdemeanors or criminal actions are governed by the following </ins>
82.29   <ins>provisions:</ins>
82.30   <ins>In the event the court takes jurisdiction of a prosecution for the violation of a statute </ins>
82.31   <ins>or ordinance by the state or a governmental subdivision other than a city or town within </ins>
82.32   <ins>the county court district; all fines, penalties and forfeitures collected shall be paid over </ins>
83.1    <ins>to the treasurer of the governmental subdivision which submitted a case for prosecution </ins>
83.2    <ins>except where a different disposition is provided by law, in which case payment shall </ins>
83.3    <ins>be made to the public official entitled thereto. The following fees for services in petty </ins>
83.4    <ins>misdemeanor or criminal actions shall be taxed to the state or governmental subdivision </ins>
83.5    <ins>which would be entitled to payment of the fines, forfeiture or penalties in any case, and </ins>
83.6    <ins>shall be retained by the court administrator for disposing of the matter but in no case shall </ins>
83.7    <ins>the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct </ins>
83.8    <ins>the fees from any fine collected and transmit the balance in accordance with the law, and </ins>
83.9    <ins>the deduction of the total of such fees each month from the total of all such fines collected </ins>
83.10   <ins>is hereby expressly made an appropriation of funds for payment of such fees:</ins>
83.11   <ins>(1) in all cases where the defendant pleads guilty at or prior to first appearance and </ins>
83.12   <ins>sentence is imposed or the matter is otherwise disposed of without a trial, $5;</ins>
83.13   <ins>(2) where the defendant pleads guilty after first appearance or prior to trial, $10;</ins>
83.14   <ins>(3) in all other cases where the defendant is found guilty by the court or jury or </ins>
83.15   <ins>pleads guilty during trial, $15; and</ins>
83.16   <ins>(4) the court shall have the authority to waive the collection of fees in any particular </ins>
83.17   <ins>case.</ins>
83.18   <ins>The fees set forth in this subdivision shall not apply to parking violations for which </ins>
83.19   <ins>complaints and warrants have not been issued.</ins>
83.20       <ins>Subd. 2.</ins> <ins><b>Miscellaneous fees.</b></ins> <ins>Fees payable to the court administrator for all other </ins>
83.21   <ins>services shall be fixed by court rule.</ins>
83.22       <ins>Subd. 3.</ins> <ins><b>Payment in advance.</b></ins> <ins>Except as provided in subdivision 1, fees are </ins>
83.23   <ins>payable to the court administrator in advance.</ins>
83.24       <ins>Subd. 4.</ins> <ins><b>Fines paid by check. </b></ins> <ins>Amounts represented by checks issued by the court </ins>
83.25   <ins>administrator or received by the court administrator which have not cleared by the end of </ins>
83.26   <ins>the month may be shown on the monthly account as having been paid or received, subject </ins>
83.27   <ins>to adjustment on later monthly accounts. </ins>
83.28       <ins>Subd. 5. </ins> <ins><b>Checks. </b></ins> <ins>	The court administrator may receive checks in payment of fines, </ins>
83.29   <ins>penalties, fees or other obligations as conditional payments, and is not held accountable </ins>
83.30   <ins>therefor until collection in cash is made and then only to the extent of the net collection </ins>
83.31   <ins>after deduction of the necessary expense of collection. 	</ins>
83.32       <ins>Subd. 6. </ins> <ins><b>Allocation. </b></ins> <ins>The court administrator shall provide the county treasurer with </ins>
83.33   <ins>the name of the municipality or other subdivision of government where the offense was </ins>
83.34   <ins>committed which employed or provided by contract the arresting or apprehending officer </ins>
83.35   <ins>and the name of the municipality or other subdivision of government which employed the </ins>
83.36   <ins>prosecuting attorney or otherwise provided for prosecution of the offense for each fine or </ins>
84.1    <ins>penalty and the total amount of fines or penalties collected for each municipality or other </ins>
84.2    <ins>subdivision of government.  On or before the last day of each month, the county treasurer </ins>
84.3    <ins>shall pay over to the treasurer of each municipality or subdivision of government within </ins>
84.4    <ins>the county all fines or penalties for parking violations for which complaints and warrants </ins>
84.5    <ins>have not been issued and one third of all fines or penalties collected during the previous </ins>
84.6    <ins>month for offenses committed within the municipality or subdivision of government </ins>
84.7    <ins>from persons arrested or issued citations by officers employed by the municipality or </ins>
84.8    <ins>subdivision or provided by the municipality or subdivision by contract.  An additional one </ins>
84.9    <ins>third of all fines or penalties shall be paid to the municipality or subdivision of government </ins>
84.10   <ins>providing prosecution of offenses of the type for which the fine or penalty is collected </ins>
84.11   <ins>occurring within the municipality or subdivision, imposed for violations of state statute </ins>
84.12   <ins>or of an ordinance, charter provision, rule, or regulation of a city whether or not a guilty </ins>
84.13   <ins>plea is entered or bail is forfeited.  Except as provided in section 299D.03, subdivision 5, </ins>
84.14   <ins>or as otherwise provided by law, all other fines and forfeitures and all fees and statutory </ins>
84.15   <ins>court costs collected by the court administrator shall be paid to the county treasurer of the </ins>
84.16   <ins>county in which the funds were collected who shall dispense them as provided by law. </ins>
84.17   <ins>In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), all </ins>
84.18   <ins>other fines, forfeitures, fees, and statutory court costs must be paid to the commissioner of </ins>
84.19   <ins>finance for deposit in the state treasury and credited to the general fund.</ins>
84.20   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.37.0"></a>84.21       Sec. 37. <ins><b>[484.91] MISDEMEANOR VIOLATIONS BUREAUS.</b></ins>
84.22       <ins>Subdivision 1.</ins> <ins><b>Establishment.</b></ins> <ins>Misdemeanor violations bureaus shall be established </ins>
84.23   <ins>in Minneapolis, a southern suburb location, and at any other northern and western </ins>
84.24   <ins>suburban locations dispersed throughout the county as may be designated by a majority of </ins>
84.25   <ins>the judges of the court.</ins>
84.26       <ins>Subd. 2.</ins> <ins><b>Supervision.</b></ins> <ins>The court shall supervise and the court administrator </ins>
84.27   <ins>shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the </ins>
84.28   <ins>Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court </ins>
84.29   <ins>administrator shall assign one or more deputy court administrators to discharge and </ins>
84.30   <ins>perform the duties of the bureau.</ins>
84.31       <ins>Subd. 3.</ins> <ins><b>Uniform traffic ticket.</b></ins> <ins>The Hennepin County Board may alter by deletion </ins>
84.32   <ins>or addition the uniform traffic ticket, provided in section 169.99, in such manner as it </ins>
84.33   <ins>deems advisable for use in Hennepin County.</ins>
84.34       <ins>Subd. 4.</ins> <ins><b>Procedure by person receiving misdemeanor citation.</b></ins> <ins>A person who </ins>
84.35   <ins>receives a misdemeanor or petty misdemeanor citation shall proceed as follows:</ins>
85.1    <ins>(a) If a fine for the violation may be paid at the bureau without appearance before a </ins>
85.2    <ins>judge, the person charged may pay the fine in person or by mail to the bureau within the </ins>
85.3    <ins>time specified in the citation. Payment of the fine shall be deemed to be the entry of a </ins>
85.4    <ins>plea of guilty to the violation charged and a consent to the imposition of a sentence for the </ins>
85.5    <ins>violation in the amount of the fine paid. A receipt shall be issued to evidence the payment </ins>
85.6    <ins>and the receipt shall be satisfaction for the violation charged in that citation.</ins>
85.7    <ins>(b) When a fine is not paid, the person charged must appear at a bureau within the </ins>
85.8    <ins>time specified in the citation, state whether the person desires to enter a plea of guilty or </ins>
85.9    <ins>not guilty, arrange for a date for arraignment in court and appear in court for arraignment </ins>
85.10   <ins>on the date set by the bureaus.</ins>
85.11   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.38.0"></a>85.12       Sec. 38. <ins><b>[484.92] ADDITIONAL EMPLOYEES.</b></ins>
85.13       <ins>Subdivision 1.</ins> <ins><b>Bailiffs. </b></ins> <ins>The sheriff of a county shall furnish to the district court </ins>
85.14   <ins>deputies to serve as bailiffs within the county as the court may request.  The county board </ins>
85.15   <ins>may, with the approval of the chief judge of the district, contract with any municipality, </ins>
85.16   <ins>upon terms agreed upon, for the services of police officers of the municipality to act as </ins>
85.17   <ins>bailiffs in the county district court.</ins>
85.18   <ins>Nothing contained herein shall be construed to limit the authority of the court to </ins>
85.19   <ins>employ probation officers with the powers and duties prescribed in section 244.19. </ins>
85.20       <ins>Subd. 2. </ins> <ins><b>Transcription of court proceedings. </b></ins> <ins>Electronic recording equipment may </ins>
85.21   <ins>be used for the purposes of Laws 1971, chapter 951, to record court proceedings in lieu of </ins>
85.22   <ins>a court reporter.  However, at the request of any party to any proceedings the court may in </ins>
85.23   <ins>its discretion require the proceedings to be recorded by a competent court reporter who </ins>
85.24   <ins>shall perform such additional duties as the court directs.  The salary of a reporter shall be </ins>
85.25   <ins>set in accordance with the procedure provided by sections 486.05 and 486.06.</ins>
85.26   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.39.0"></a>85.27       Sec. 39. Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:
85.28   <b>485.01 APPOINTMENT; BOND; DUTIES.</b>
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. <del>The clerk, before entering upon the duties of office, shall give bond </del>
85.32   <del>to the state, to be approved by the chief judge of the judicial district, conditioned for the </del>
85.33   <del>faithful discharge of official duties. The bond, with</del> An oath of office, shall be recorded 
86.1    with the <del>county recorder</del><ins> court administrator</ins>. The <del>clerk</del><ins> court administrator</ins> shall perform 
86.2    all duties assigned by law and by the rules of the court. The <del>clerk</del><ins> court administrator</ins> 
86.3    and all <del>deputy clerks</del><ins> deputies</ins> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.40.0"></a>86.9        Sec. 40. Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read:
86.10       Subd. 5. <b>Collection of fees.</b> 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 the <del>county treasurer</del><ins> Department of </ins>
86.13   <ins>Finance</ins>. Except for those portions of forfeited bail paid to victims pursuant to existing 
86.14   law, the <del>county treasurer</del><ins> court administrator</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.41.0"></a>86.28       Sec. 41. Minnesota Statutes 2004, section 485.021, is amended to read:
86.29   <b>485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT </b>
86.30   <b>ADMINISTRATOR.</b>
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 
86.33   <del>county treasurer</del><ins> Department of Finance</ins> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.42.0"></a>87.5        Sec. 42. Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:
87.6    <b>485.03 DEPUTIES.</b>
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<del>, and whom the </del>
87.15   <del>court administrator may remove at pleasure</del>. Before each enters upon official duties, 
87.16   the appointment and oath of each shall be recorded with the <del>county recorder</del><ins> court </ins>
87.17   <ins>administrator</ins>.
87.18   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.43.0"></a>87.19       Sec. 43. Minnesota Statutes 2005 Supplement, section 485.05, is amended to read:
87.20   <b>485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.</b>
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 the <del>county recorder</del><ins> court administrator</ins>.
87.31   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.44.0"></a>88.1        Sec. 44. Minnesota Statutes 2004, section 485.11, is amended to read:
88.2    <b>485.11 PRINTED CALENDARS.</b>
88.3    The court administrator of the district court in each of the several counties of this 
88.4    state shall provide calendars <del>either printed or otherwise duplicated</del> of the cases to be tried 
88.5    at the general terms thereof <del>at the expense of the counties where such court is held. This </del>
88.6    <del>section shall not apply to a county where only one term of court is held each year</del>.
88.7    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.45.0"></a>88.8        Sec. 45. Minnesota Statutes 2004, section 517.041, is amended to read:
88.9    <b>517.041 POWER TO APPOINT COURT COMMISSIONER; DUTY.</b>
88.10   <del>The county court of the combined county court district of Benton and Stearns may </del>
88.11   <del>appoint as court commissioner a person who was formerly employed by that county court </del>
88.12   <del>district as a court commissioner.</del>
88.13   The <del>county court of the </del>Third <del>or Fifth</del> Judicial <del>Districts</del><ins> District </ins> may appoint as court 
88.14   commissioner for <del>Brown, Dodge, </del>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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.46.0"></a>88.18       Sec. 46. Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read:
88.19       Subd. 2. <b>Minimum standards; plan.</b> The Minnesota Supreme Court should 
88.20   promulgate minimum standards for the implementation and administration of a parent 
88.21   education program. <del>The chief judge of each judicial district or a designee shall submit </del>
88.22   <del>a plan to the Minnesota conference of chief judges for their approval that is designed to </del>
88.23   <del>implement and administer a parent education program in the judicial district. The plan </del>
88.24   <del>must be consistent with the minimum standards promulgated by the Minnesota Supreme </del>
88.25   <del>Court.</del>
88.26   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.47.0"></a>88.27       Sec. 47. Minnesota Statutes 2004, section 518B.01, is amended by adding a 
88.28   subdivision to read:
88.29       <ins>Subd. 19a.</ins> <ins><b>Entry and enforcement of foreign protective orders.</b></ins> <ins>(a) As used in </ins>
88.30   <ins>this subdivision, "foreign protective order" means an order for protection entered by </ins>
88.31   <ins>a court of another state; and order by an Indian tribe which includes orders entered in </ins>
89.1    <ins>child welfare proceedings, or United States territory that would be a protective order </ins>
89.2    <ins>entered under this chapter; a temporary or permanent order or protective order to exclude </ins>
89.3    <ins>a respondent from a dwelling; or an order that establishes conditions of release or is </ins>
89.4    <ins>a protective order or sentencing order in a criminal prosecution arising from a domestic </ins>
89.5    <ins>abuse assault if it had been entered in Minnesota.</ins>
89.6    <ins>(b) A person for whom a foreign protection order has been issued or the issuing court </ins>
89.7    <ins>or tribunal may provide a certified or authenticated copy of a foreign protective order to the </ins>
89.8    <ins>court administrator in any county that would have venue if the original action was being </ins>
89.9    <ins>commenced in this state or in which the person in whose favor the order was entered may </ins>
89.10   <ins>be present, for filing and entering of the same into the state order for prosecution database.</ins>
89.11   <ins>(c) The court administrator shall file and enter foreign protective orders that are </ins>
89.12   <ins>not certified or authenticated, if supported by an affidavit of a person with personal </ins>
89.13   <ins>knowledge, subject to the penalties for perjury. The person protected by the order may </ins>
89.14   <ins>provide this affidavit.</ins>
89.15   <ins>(d) The court administrator shall provide copies of the order as required by this </ins>
89.16   <ins>section.</ins>
89.17   <ins>(e) A valid foreign protective order has the same effect and shall be enforced in the </ins>
89.18   <ins>same manner as an order for protection issued in this state whether or not filed with a court </ins>
89.19   <ins>administrator or otherwise entered in the state order for protection database.</ins>
89.20   <ins>(f) A foreign protective order is presumed valid if it meets all of the following:</ins>
89.21   <ins>(1) the order states the name of the protected individual and the individual against </ins>
89.22   <ins>whom enforcement is sought;</ins>
89.23   <ins>(2) the order has not expired;</ins>
89.24   <ins>(3) the order was issued by a court or tribunal that had jurisdiction over the parties </ins>
89.25   <ins>and subject matter under the law of the foreign jurisdiction; and</ins>
89.26   <ins>(4) the order was issued in accordance with the respondent's due process rights, </ins>
89.27   <ins>either after the respondent was provided with reasonable notice and an opportunity to be </ins>
89.28   <ins>heard before the court or tribunal that issued the order, or in the case of an ex parte order, </ins>
89.29   <ins>the respondent was granted notice and an opportunity to be heard within a reasonable </ins>
89.30   <ins>time after the order was issued.</ins>
89.31   <ins>(g) Proof that a foreign protective order failed to meet all of the factors listed in </ins>
89.32   <ins>paragraph (f) is an affirmative defense in any action seeking enforcement of the order.</ins>
89.33   <ins>(h) A peace officer shall treat a foreign protective order as a valid legal document </ins>
89.34   <ins>and shall make an arrest for a violation of the foreign protective order in the same manner </ins>
89.35   <ins>that a peace officer would make an arrest for a violation of a protective order issued </ins>
89.36   <ins>within this state.</ins>
90.1    <ins>(i) The fact that a foreign protective order has not been filed with the court </ins>
90.2    <ins>administrator or otherwise entered into the state order for protection database shall not be </ins>
90.3    <ins>grounds to refuse to enforce the terms of the order unless it is apparent to the officer that </ins>
90.4    <ins>the order is invalid on its face.</ins>
90.5    <ins>(j) A peace officer acting reasonably and in good faith in connection with the </ins>
90.6    <ins>enforcement of a foreign protective order is immune from civil and criminal liability in </ins>
90.7    <ins>any action arising in connection with the enforcement.</ins>
90.8    <ins>(k) Filing and service costs in connection with foreign protective orders are waived.</ins>
90.9    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.48.0"></a>90.10       Sec. 48. Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read:
90.11       Subd. 2. <b>Board of judicial standards review.</b> At least annually, the board on 
90.12   judicial standards shall review the compliance of each district<del>, county, or municipal</del> judge 
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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.49.0"></a>90.23       Sec. 49. Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read:
90.24       Subd. 4. <b>Minimum fines; other crimes.</b> 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 the <del>conference of chief judges</del><ins> Judicial Council</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.50.0"></a>91.11       Sec. 50. Minnesota Statutes 2004, section 629.74, is amended to read:
91.12   <b>629.74 PRETRIAL BAIL EVALUATION.</b>
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. The <del>conference of chief judges,</del><ins> Judicial </ins>
91.21   <ins>Council</ins> in consultation with the Department of Corrections, shall approve the pretrial 
91.22   evaluation form to be used in each county. 
91.23   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.51.0"></a>91.24       Sec. 51. Minnesota Statutes 2004, section 641.25, is amended to read:
91.25   <b>641.25 DISTRICT JAILS; HOW DESIGNATED.</b>
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 examining <del>county or municipal</del> judge,<ins> or</ins> upon 
91.31   the judge's own motion,<del> or the judge of the district court,</del> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.5.52.0"></a>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,  <del>2006</del><ins> 2008</ins>.  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,  <del>2007</del><ins> 2009</ins>.  
92.15   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment. </ins>

<a id="go.5.53.0"></a>92.16       Sec. 53. <ins><b> REPEALER.</b></ins>
92.17   <ins>Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions 2 </ins>
92.18   <ins>and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8; 485.12; </ins>
92.19   <ins>487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; </ins>
92.20   <ins>487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; </ins>
92.21   <ins>487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; </ins>
92.22   <ins>488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; </ins>
92.23   <ins>488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; </ins>
92.24   <ins>488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 488A.28; </ins>
92.25   <ins>488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; </ins>
92.26   <ins>525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081; </ins>
92.27   <ins>525.082; 525.09; and 625.09,</ins><ins> and </ins><ins>Minnesota Statutes 2005 Supplement, sections 353.027; </ins>
92.28   <ins>and 485.03,</ins><ins> are repealed.</ins>
92.29   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.6.0.0"></a>93.1                                           <b>ARTICLE 6</b>
93.2                                    <b>EMERGENCY COMMUNICATIONS</b>

<a id="go.6.1.0"></a>93.3        Section 1. Minnesota Statutes 2004, section 237.49, is amended to read:
93.4    <b>237.49 COMBINED LOCAL ACCESS SURCHARGE.</b>
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 received <del>proportional to the individual surcharges</del> and 
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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.2.0"></a>93.15       Sec. 2. Minnesota Statutes 2004, section 403.02, is amended by adding a subdivision 
93.16   to read:
93.17       <ins>Subd. 19a.</ins> <ins><b>Secondary public safety answering point.</b></ins> <ins>"Secondary public safety </ins>
93.18   <ins>answering point" means a communications facility that: (1) is operated on a 24-hour basis, </ins>
93.19   <ins>in which a minimum of three public safety answering points (PSAP's) route calls for </ins>
93.20   <ins>postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to </ins>
93.21   <ins>reduce call volume at the PSAP's; and (3) is able to receive 911 calls routed to it from a </ins>
93.22   <ins>PSAP when the PSAP is unable to receive or answer 911 calls.</ins>
93.23   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.6.3.0"></a>93.24       Sec. 3. Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is 
93.25   amended to read:
93.26       Subd. 7. <b>Contractual requirements.</b> (a) The state<del>, together</del><ins> shall contract</ins> with 
93.27   the county or other governmental agencies operating public safety answering points<del>, </del>
93.28   <del>shall contract</del><ins> and</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.4.0"></a>94.11       Sec. 4. Minnesota Statutes 2005 Supplement, section 403.05, subdivision 3, is 
94.12   amended to read:
94.13       Subd. 3. <b>Agreements for service.</b> Each county <del>and</del><ins> or</ins> any other governmental 
94.14   agency shall contract with the state <del>and wire-line telecommunications service providers or </del>
94.15   <del>other entities determined by the commissioner to be capable of providing effective and </del>
94.16   <del>efficient components of the 911 system</del> for the recurring and nonrecurring costs associated 
94.17   with operating and maintaining 911 emergency communications systems.<ins> If requested by </ins>
94.18   <ins>the county or other governmental agency, the county or agency is entitled to be a party to </ins>
94.19   <ins>any contract between the state and any wire-line telecommunications service provider or </ins>
94.20   <ins>911 emergency telecommunications service provider providing components of the 911 </ins>
94.21   <ins>system within the county.</ins>
94.22   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.5.0"></a>94.23       Sec. 5. Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to read:
94.24       Subd. 7. <b>Duties.</b> 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. <del>By August 1, 1997, each 911 emergency telecommunications service </del>
94.28   <del>provider operating enhanced 911 systems, in cooperation with each involved</del><ins> Each</ins> 
94.29   wireless telecommunications service provider<del>,</del> shall<ins> annually</ins> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.6.0"></a>95.4        Sec. 6. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is 
95.5    amended to read:
95.6        Subdivision 1. <b>Emergency telecommunications service fee; account.</b> (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, <del>plus</del><ins> to offset</ins> administrative and staffing 
95.13   costs of the commissioner related to managing the 911 emergency telecommunications 
95.14   service program<del>. Recurring charges by a wire-line telecommunications service provider </del>
95.15   <del>for updating the information required by section </del><del>403.07, subdivision 3</del><del>, must be paid by </del>
95.16   <del>the commissioner if the wire-line telecommunications service provider is included in an </del>
95.17   <del>approved 911 plan and the charges are made pursuant to contract. The fee assessed under </del>
95.18   <del>this section must also be used for the purpose of offsetting</del><ins>, to make distributions provided </ins>
95.19   <ins>for in section 403.113, and to offset </ins> 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 systems <del>must be paid</del><ins> are eligible for payment</ins> 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   <ins>(g) Competitive local exchanges carriers holding certificates of authority from the </ins>
96.19   <ins>Public Utilities Commission are eligible to receive payment for recurring 911 services.</ins>
96.20   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.7.0"></a>96.21       Sec. 7. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is 
96.22   amended to read:
96.23       Subd. 3. <b>Method of payment.</b> (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. <del>Competitive local exchange carriers holding </del>
96.29   <del>certificates of authority from the Public Utilities Commission are eligible to receive </del>
96.30   <del>payment for recurring 911 services provided after July 1, 2001. </del>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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.8.0"></a>97.4        Sec. 8. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is 
97.5    amended to read:
97.6        Subd. 3a. <b>Timely </b><del><b>certification</b></del><ins><b> invoices</b></ins><b>.</b> <del>A certification</del><ins> An invoice for services </ins>
97.7    <ins>provided for in the contract with a wireless or wire-line telecommunications service </ins>
97.8    <ins>provider</ins> must be submitted to the commissioner no later than <del>one year</del><ins> 90 days</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.9.0"></a>97.14       Sec. 9. Minnesota Statutes 2004, section 403.11, subdivision 3b, is amended to read:
97.15       Subd. 3b. <del><b>Certification</b></del><ins><b> Declaration</b></ins><b>.</b> <del>All</del><ins> If the commissioner disputes an invoice </ins>
97.16   <ins>in writing, the</ins> wireless and wire-line telecommunications service providers shall submit 
97.17   a <del>self-certification form</del><ins> declaration under section 16A.41</ins> signed by an officer of the 
97.18   company <del>to the commissioner</del> with <ins>the </ins>invoices for payment of <del>an initial or changed</del> 
97.19   service described in the service provider's 911 contract. The <del>self-certification shall</del> <ins>sworn </ins>
97.20   <ins>declaration must specifically describe and </ins>affirm that the 911 service contracted for is being 
97.21   provided and the costs invoiced for the service are true and correct. <del>All certifications are </del>
97.22   <del>subject to verification and audit.</del><ins> When a wireless or wire-line telecommunications service </ins>
97.23   <ins>provider fails to provide a sworn declaration within 90 days of notice by the commissioner </ins>
97.24   <ins>that the invoice is disputed, the disputed amount of the invoice must be disallowed.</ins>
97.25   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.10.0"></a>97.26       Sec. 10. Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to read:
97.27       Subd. 3c. <b>Audit.</b> If the commissioner determines that an audit is necessary to 
97.28   document the <del>certification described</del><ins> invoice and sworn declaration</ins> 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.11.0"></a>98.2        Sec. 11. Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is 
98.3    amended to read:
98.4        Subdivision 1. <b>Fee.</b> <del>(a) Each customer receiving service from a wireless or </del>
98.5    <del>wire-line switched or packet-based telecommunications service provider connected to the </del>
98.6    <del>public telephone network that furnishes service capable of originating a 911 emergency </del>
98.7    <del>telephone call is assessed a fee</del> <ins>A portion of the fee collected under section 403.11 must be </ins>
98.8    <ins>used </ins>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. <del>The actual fee assessed under section </del><del>403.11</del><del> </del>
98.11   <del>and the enhanced 911 service fee must be collected as one amount and may not exceed the </del>
98.12   <del>amount specified in section </del><del>403.11, subdivision 1</del><del>, paragraph (c).</del>
98.13   <del>(b) The enhanced 911 service fee must be collected and deposited in the same </del>
98.14   <del>manner as the fee in section </del><del>403.11</del><del> and used solely for the purposes of paragraph (a) </del>
98.15   <del>and subdivision 3.</del>
98.16   <del>(c) The commissioner, in consultation with counties and 911 system users, shall </del>
98.17   <del>determine the amount of the enhanced 911 service fee. The commissioner shall inform </del>
98.18   <del>wireless and wire-line telecommunications service providers that provide service capable </del>
98.19   <del>of originating a 911 emergency telephone call of the total amount of the 911 service fees </del>
98.20   <del>in the same manner as provided in section </del><del>403.11</del><del>.</del>
98.21   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.12.0"></a>98.22       Sec. 12. Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to read:
98.23       Subd. 3. <b>Local expenditures.</b> (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<del>, paragraph (a)</del>. 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    <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.13.0"></a>99.9        Sec. 13. Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to read:
99.10       Subd. 2. <b>Board.</b> "Board" or "radio board" <del>or "Metropolitan Radio Board"</del> means the 
99.11   <del>Metropolitan</del><ins> Statewide</ins> Radio Board <del>or its successor regional radio board</del>.
99.12   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.14.0"></a>99.13       Sec. 14. Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to read:
99.14       Subd. 7. <b>Plan.</b> "Plan" or "regionwide public safety radio system communication 
99.15   plan" means <del>the</del><ins> a</ins> plan adopted by <del>the Metropolitan Radio Board for a regionwide public </del>
99.16   <del>safety radio communications system.</del><ins> a regional radio board.</ins>
99.17   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.15.0"></a>99.18       Sec. 15. Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is 
99.19   amended to read:
99.20       Subd. 8. <b>Subsystems.</b> "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 by <del>the Metropolitan Radio Board,</del> a 
99.23   regional radio board<del>, </del>or local government units for their own internal operations.
99.24   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.16.0"></a>99.25       Sec. 16. Minnesota Statutes 2004, section 403.21, subdivision 9, is amended to read:
99.26       Subd. 9. <b>System backbone.</b> "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 plan <del>under section  </del><del>403.23, subdivision 6</del><del>, </del>and 
100.2   the statewide radio communication plan under section  403.36. 

<a id="go.6.17.0"></a>100.3       Sec. 17. Minnesota Statutes 2004, section 403.33, is amended to read:
100.4   <b>403.33 LOCAL PLANNING.</b>
100.5       Subdivision 1. <b>County planning process.</b> (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 <ins>regional </ins>radio board <ins>for the metropolitan area </ins>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 <ins>regional radio </ins>board <ins>for the metropolitan area </ins>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 <ins>regional radio </ins>board <ins>for the metropolitan area </ins>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 <ins>regional radio </ins>board <ins>for the metropolitan area </ins>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. <b>Cities of first class; planning process.</b> 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. <b>Submission of plans to board.</b> 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 <ins>regional radio </ins>board <ins>for the metropolitan area </ins>for the board's review 
101.2   and approval.
101.3       Subd. 4. <b>Local government joinder.</b> 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 <ins>regional radio </ins>board<ins> for the metropolitan area</ins>.
101.7   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.18.0"></a>101.8       Sec. 18. Minnesota Statutes 2004, section 403.34, is amended to read:
101.9   <b>403.34 OPTIONAL LOCAL USE OF </b><del><b>REGIONAL</b></del><ins><b> STATEWIDE</b></ins><b> SYSTEM.</b>
101.10      Subdivision 1. <b>Options.</b> Use of the <del>regional</del> <ins>statewide </ins>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. <b>Requirements to join.</b> Local governments and other entities eligible to 
101.20  join the <del>regional</del> <ins>statewide </ins> 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 the <del>radio</del> board as provided in section  <del>403.23, subdivision 2</del><ins> 403.36</ins>. 
101.23  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.19.0"></a>101.24      Sec. 19. Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is 
101.25  amended to read:
101.26      Subdivision 1. <b>Membership.</b> (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   <del>(6) the commissioner of health;</del>
102.4   <del>(7)</del> <ins>(6)</ins> the commissioner of finance;
102.5   <ins>(7) the chair of the Metropolitan Council;</ins>
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 the <del>Metropolitan</del><ins> regional </ins> radio board<ins> for the metropolitan area</ins>; 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  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.6.20.0"></a>102.33      Sec. 20. Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to read:
103.1       Subd. 1f. <b>Advisory groups.</b> (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) <del>the chair of the Metropolitan Radio Board and</del> the 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.

<a id="go.6.21.0"></a>103.14      Sec. 21. <ins><b> REPEALER.</b></ins>
103.15  <ins>Minnesota Statutes 2004, sections 403.08, subdivision 8; 403.22; 403.23; 403.24; </ins>
103.16  <ins>403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3; 403.30, subdivisions 2 and 4; </ins>
103.17  <ins>and 403.35</ins><ins>  are repealed.</ins>
103.18  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006. </ins>

<a id="go.7.0.0"></a>103.19                                         <b>ARTICLE 7</b>
103.20                        <b>FRAUDULENT OR IMPROPER FINANCING STATEMENTS</b>

<a id="go.7.1.0"></a>103.21      Section 1. Minnesota Statutes 2004, section 358.41, is amended to read:
103.22  <b>358.41 DEFINITIONS.</b>
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.<ins> A notary public may </ins>
103.28  <ins>perform a notarial act by electronic means.</ins>
103.29  (2) "Acknowledgment" means a declaration by a person that the person has executed 
103.30  an instrument<ins> or electronic record </ins> for the purposes stated therein and, if the instrument<ins> </ins>
103.31  <ins>or electronic record</ins> 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  <ins>(6) "Electronic signature" means an electronic sound, symbol, or process attached </ins>
104.13  <ins>to or logically associated with a record and executed or adopted by a person with the </ins>
104.14  <ins>intent to sign the record.</ins>
104.15  <ins>(7) "Electronic record" means a record created, generated, sent, communicated, </ins>
104.16  <ins>received, or stored by electronic means.</ins>
104.17  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.2.0"></a>104.18      Sec. 2. Minnesota Statutes 2004, section 358.42, is amended to read:
104.19  <b>358.42 NOTARIAL ACTS.</b>
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<ins> or electronic record</ins>.
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<ins>, electronic record,</ins> 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<ins> or electronic record</ins> 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<ins> or electronic record</ins> 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   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.3.0"></a>105.9       Sec. 3. Minnesota Statutes 2004, section 358.47, is amended to read:
105.10  <b>358.47 CERTIFICATE OF NOTARIAL ACTS.</b>
105.11  (a) A notarial act must be evidenced by a certificate<ins> physically or electronically</ins> 
105.12  signed and dated by a notarial officer<ins> in a manner that attributes such signature to the </ins>
105.13  <ins>notary public identified on the commission</ins>. 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<ins>, or the notary's </ins>
105.16  <ins>electronic seal</ins>. 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  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.4.0"></a>105.31      Sec. 4. Minnesota Statutes 2004, section 358.50, is amended to read:
105.32  <b>358.50 EFFECT OF ACKNOWLEDGMENT.</b>
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<ins> or electronic record</ins> 
106.4   was executed and delivered with proper authority.
106.5   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.5.0"></a>106.6       Sec. 5. Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision 
106.7   to read:
106.8       <ins>Subd. 5.</ins> <ins><b>Registration to perform electronic notarizations. </b></ins> <ins>Before performing </ins>
106.9   <ins>electronic notarial acts, a notary public shall register the capability to notarize </ins>
106.10  <ins>electronically with the secretary of state. Before performing electronic notarial acts after </ins>
106.11  <ins>recommissioning, a notary public shall reregister with the secretary of state.</ins>
106.12  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.6.0"></a>106.13      Sec. 6. Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to read:
106.14      Subd. 3. <b>Specifications.</b> 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<ins> or may be </ins>
106.18  <ins>an electronic form</ins>. <del>The</del><ins> A physical</ins> seal<ins> used to authenticate a paper document</ins> 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  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.7.0"></a>106.23      Sec. 7. Minnesota Statutes 2004, section 359.03, is amended by adding a subdivision 
106.24  to read:
106.25      <ins>Subd. 4.</ins> <ins><b>Electronic seal.</b></ins> <ins>A notary's electronic seal shall contain the notary's name, </ins>
106.26  <ins>jurisdiction, and commission expiration date, and shall be logically and securely affixed to </ins>
106.27  <ins>or associated with the electronic record being notarized.</ins>
106.28  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.8.0"></a>106.29      Sec. 8. Minnesota Statutes 2004, section 359.04, is amended to read:
106.30  <b>359.04 POWERS.</b>
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<ins> or electronic records</ins>; and to receive, make out, and 
107.6   record notarial protests.
107.7   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.9.0"></a>107.8       Sec. 9. Minnesota Statutes 2004, section 359.05, is amended to read:
107.9   <b>359.05 DATE OF EXPIRATION OF COMMISSION AND NAME TO BE </b>
107.10  <b>ENDORSED.</b>
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<ins> physical or electronic</ins> 
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, <del>or</del> printed 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 typewriter <del>or</del><ins>,</ins> print the 
107.21  same legibly with a stamp <del>or</del><ins>, </ins>with pen and ink<ins>, or affix by electronic means</ins>; 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  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.10.0"></a>107.25      Sec. 10. Minnesota Statutes 2004, section 359.085, is amended to read:
107.26  <b>359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS.</b>
107.27      Subdivision 1. <b>Acknowledgments.</b> 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<ins> or electronic record</ins>.
107.31      Subd. 2. <b>Verifications.</b> 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. <b>Witnessing or attesting signatures.</b> 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<ins> or electronic record</ins>.
108.7       Subd. 4. <b>Certifying or attesting documents.</b> In certifying or attesting a copy of a 
108.8   document<ins>, electronic record,</ins> 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. <b>Making or noting protests of negotiable instruments.</b> In making or 
108.12  noting a protest of a negotiable instrument<ins> or electronic record</ins>, the notarial officer must 
108.13  determine the matters set forth in section  336.3-505. 
108.14      Subd. 6. <b>Satisfactory evidence.</b> A notarial officer has satisfactory evidence that 
108.15  a person is the person whose true signature is on a document<ins> or electronic record</ins> 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. <b>Prohibited acts.</b> 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      <ins>Subd. 8.</ins> <ins><b>Failure to appear before notary.</b></ins> <ins>A notarial officer may not notarize the </ins>
108.22  <ins>physical or electronic signature of any signer who is not in the presence of the notary at </ins>
108.23  <ins>the time of notarization.</ins>
108.24  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.11.0"></a>108.25      Sec. 11. <ins><b>[545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE </b></ins>
108.26  <ins><b>EFFECTIVENESS OF FINANCING STATEMENTS.</b></ins>
108.27      <ins>Subdivision 1. </ins> <ins><b>Definitions.</b></ins> <ins>(a) As used in this section, a financing statement or </ins>
108.28  <ins>other record is fraudulent or otherwise improper if it is filed without the authorization of </ins>
108.29  <ins>the obligor, person named as debtor, or owner of collateral described or indicated in </ins>
108.30  <ins>the financing statement or other record, or by consent of an agent, fiduciary, or other </ins>
108.31  <ins>representative of that person, or without the consent of the secured party of record in </ins>
108.32  <ins>the case of an amendment or termination.</ins>
108.33  <ins>(b) As used in this section, filing office or filing officer refers to the office or officer </ins>
108.34  <ins>where a financing statement or other record is appropriately filed or recorded as provided </ins>
109.1   <ins>by law, including, but not limited to, the county recorder, the secretary of state, and other </ins>
109.2   <ins>related filing officers.</ins>
109.3       <ins>Subd. 2. </ins> <ins><b>Motion.</b></ins> <ins>An obligor, person named as a debtor, or owner of collateral </ins>
109.4   <ins>described or indicated in a financing statement or other record filed under sections </ins>
109.5   <ins>336.9-101 to 336.9-709 (Uniform Commercial Code - Secured Transactions), who </ins>
109.6   <ins>has reason to believe that the financing statement or other record is fraudulent or </ins>
109.7   <ins>otherwise improper may complete and file at any time a motion for judicial review of the </ins>
109.8   <ins>effectiveness of the financing statement or other record. A secured party of record who </ins>
109.9   <ins>believes that an amendment or termination of a financing statement or other record is </ins>
109.10  <ins>fraudulent or otherwise improper may also file a motion. </ins>
109.11      <ins>Subd. 3.</ins> <ins><b>Service and filing.</b></ins> <ins>(a) The motion under subdivision 2 must be mailed </ins>
109.12  <ins>by certified United States mail to the person who is indicated as the secured party on </ins>
109.13  <ins>the allegedly fraudulent or improper record at the address listed on the record or, in the </ins>
109.14  <ins>case of a filing by the secured party of record, to the address of the person who filed </ins>
109.15  <ins>the amendment or termination in question, as listed on the record. The motion must be </ins>
109.16  <ins>accompanied by a copy of the record in question, an affidavit of mailing, the form for </ins>
109.17  <ins>responding to the motion under subdivision 6, and a copy of the text of this section.</ins>
109.18  <ins>(b) On the day the motion is mailed, a copy of the materials must be filed with the </ins>
109.19  <ins>district court of the county in which the financing statement or other record has been filed </ins>
109.20  <ins>or in the county of residence of the moving party.  The motion must be supported by </ins>
109.21  <ins>the affidavit of the moving party or the moving party's attorney setting forth a concise </ins>
109.22  <ins>statement of the facts upon which the claim for relief is based. There is no filing fee for a </ins>
109.23  <ins>motion or a response filed under this section. </ins>
109.24      <ins>Subd. 4.</ins> <ins><b>Motion form.</b></ins> <ins> The motion must be in substantially the following form:</ins>
109.25  <ins> In Re:  A Purported  Financing Statement in the district court of ............. County, </ins>
109.26  <ins>Minnesota,  Against  [Name of person who filed the financing statement] </ins>
109.27  <ins>MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED </ins>
109.28  <ins>UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS </ins>
109.29  <ins> .................. (name of moving party) files this motion requesting a judicial </ins>
109.30  <ins>determination of the effectiveness of a financing statement or other record filed under the </ins>
109.31  <ins>Uniform Commercial Code - Secured Transactions in the office of the ............... (filing </ins>
109.32  <ins>office and location) and in support of the motion provides as follows:</ins>
109.33                                           <ins>I.</ins>
109.34  <ins> ................. (name), the moving party, is the [obligor, person named as a debtor, or </ins>
109.35  <ins>owner of collateral described or indicated in] [secured party of record listed in] a financing </ins>
109.36  <ins>statement or other record filed under the Uniform Commercial Code.</ins>
110.1                                            <ins>II.</ins>
110.2   <ins> On ............. (date), in the exercise of the filing officer's official duties as .............</ins>
110.3   <ins>(filing officer's position), the filing officer received and filed or recorded the financing </ins>
110.4   <ins>statement or other record, a copy which is attached, that purports to [perfect a security </ins>
110.5   <ins>interest against the obligor, person named as debtor, or the owner of collateral described or </ins>
110.6   <ins>indicated in the financing statement or other record] or [amend or terminate the financing </ins>
110.7   <ins>statement in which the moving party is listed as the secured party of record].</ins>
110.8                                            <ins>III.</ins>
110.9   <ins>The moving party alleges that the financing statement or other record is fraudulent </ins>
110.10  <ins>or otherwise improper and that this court should declare the financing statement or other </ins>
110.11  <ins>record ineffective.</ins>
110.12                                           <ins>IV.</ins>
110.13  <ins>The moving party attests that the assertions in this motion are true and correct.</ins>
110.14                                           <ins>V.</ins>
110.15  <ins>The moving party does not request the court to make a finding as to any underlying </ins>
110.16  <ins>claim of the parties involved and acknowledges that this motion does not seek review of </ins>
110.17  <ins>an effective financing statement.  The moving party further acknowledges that the moving </ins>
110.18  <ins>party may be subject to sanctions if this motion is determined to be frivolous.  The moving </ins>
110.19  <ins>party may be contacted by the respondent at:</ins>
110.20  <ins>Mailing Address: (required) </ins>
110.21  <ins>Telephone Number:</ins>
110.22  <ins>Facsimile Number: (either facsimile or e-mail contact is required) </ins>
110.23  <ins>E-Mail Address: (either facsimile or e-mail contact is required) </ins>
110.24                                    <ins>REQUEST FOR RELIEF</ins>
110.25  <ins>The moving party requests the court to review the attached documentation and enter </ins>
110.26  <ins>an order finding that the financing statement or other record is ineffective together with </ins>
110.27  <ins>other findings as the court deems appropriate.</ins>
110.28  <ins>Respectfully submitted, .......................... (Signature and typed name and address).</ins>
110.29      <ins>Subd. 5.</ins> <ins><b>Motion acknowledgment form.</b></ins> <ins>The form for the certificate of </ins>
110.30  <ins>acknowledgment must be substantially as follows:</ins>
110.31                                         <ins>AFFIDAVIT </ins>
110.32  <ins>     THE STATE OF MINNESOTA    COUNTY OF .......</ins>
110.33  <ins>     BEFORE ME, the undersigned authority, personally appeared ........., who, being by </ins>
110.34  <ins>me duly sworn, deposed as follows:</ins>
110.35  <ins>"My name is ...............  I am over 18 years of age, of sound mind, with personal </ins>
110.36  <ins>knowledge of the following facts, and fully competent to testify.</ins>
111.1   <ins>I attest that the assertions contained in the accompanying motion are true and </ins>
111.2   <ins>correct." </ins>
111.3   <ins>SUBSCRIBED and SWORN TO before me, this ..... day of ..................</ins>
111.4   <ins>NOTARY PUBLIC, State of [state name] </ins>
111.5   <ins>Notary's printed name:  .........................</ins>
111.6   <ins>My commission expires:  .........................</ins>
111.7   <ins>The motion must be supported by the affidavit of the moving party or the moving </ins>
111.8   <ins>party's attorney setting forth a concise statement of the facts upon which the claim for </ins>
111.9   <ins>relief is based.</ins>
111.10      <ins>Subd. 6.</ins> <ins><b>Motion affidavit of mailing form.</b></ins> <ins>The moving party shall complete an </ins>
111.11  <ins>affidavit of mailing the motion to the court and to the respondent in substantially the </ins>
111.12  <ins>following form:</ins>
111.13  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;State of Minnesota  </ins>
111.14  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;County of .......... </ins>
111.15  <ins>............................, the moving party, being duly sworn, on oath, deposes and says </ins>
111.16  <ins>that on the ..... day of .........., ......., the moving party mailed the motion to the court and </ins>
111.17  <ins>the respondent by placing a true and correct copy of the motion in an envelope addressed </ins>
111.18  <ins>to them as shown by certified United States mail at ............................, Minnesota.</ins>
111.19  <ins>Subscribed and sworn to before me this ..... day of ...................., .......</ins>
111.20      <ins>Subd. 7.</ins> <ins><b>Response form.</b></ins> <ins>The person listed as [the secured party in] [filing] the </ins>
111.21  <ins>record for which the moving party has requested review may respond to the motion and </ins>
111.22  <ins>accompanying materials to request an actual hearing within 20 days from the mailing by </ins>
111.23  <ins>certified United States mail by the moving party. The form for use by the person listed as </ins>
111.24  <ins>[the secured party in] [filing] the record in question to respond to the motion for judicial </ins>
111.25  <ins>review must be in substantially the following form:</ins>
111.26  <ins>In Re:  A Purported  Financing Statement in the district court of ............. County, </ins>
111.27  <ins>Minnesota,  Against  [Name of person who filed the financing statement] </ins>
111.28              <ins>RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING </ins>
111.29                <ins>STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE </ins>
111.30                             <ins>- SECURED TRANSACTIONS </ins>
111.31  <ins> ............................ (name) files this response to a motion requesting a judicial </ins>
111.32  <ins>determination of the effectiveness of a financing statement or other record filed under the </ins>
111.33  <ins>Uniform Commercial Code - Secured Transactions in the office of the ............... (filing </ins>
111.34  <ins>office and location) and in support of the motion provides as follows:</ins>
111.35                                           <ins>I.</ins>
112.1   <ins> ................. (name), the respondent, is the person listed as [the secured party in] </ins>
112.2   <ins>[filing] the record for which review has been requested by the moving party.</ins>
112.3                                            <ins>II.</ins>
112.4   <ins>On ............. (date), in the exercise of the filing officer's official duties as ............. </ins>
112.5   <ins>(filing officer's position), the filing officer received and filed or recorded the financing </ins>
112.6   <ins>statement or other record, a copy which is attached, that purports to [perfect a security </ins>
112.7   <ins>interest against] [amend or terminate a record filed by] the moving party.</ins>
112.8                                            <ins>III.</ins>
112.9   <ins>Respondent states that the financing statement or other record is not fraudulent </ins>
112.10  <ins>or otherwise improper and that this court should not declare the financing statement or </ins>
112.11  <ins>other record ineffective.</ins>
112.12                                           <ins>IV.</ins>
112.13  <ins>Respondent attests that assertions in this response are true and correct.</ins>
112.14                                           <ins>V.</ins>
112.15  <ins>Respondent does not request the court to make a finding as to any underlying claim </ins>
112.16  <ins>of the parties involved.  Respondent further acknowledges that respondent may be subject </ins>
112.17  <ins>to sanctions if this response is determined to be frivolous.</ins>
112.18                                    <ins>REQUEST FOR RELIEF</ins>
112.19  <ins>Respondent requests the court to review the attached documentation, to set a hearing </ins>
112.20  <ins>for no later than five days after the date of this response or as soon after that as the court </ins>
112.21  <ins>shall order and to enter an order finding that the financing statement or other record is </ins>
112.22  <ins>not ineffective together with other findings as the court deems appropriate. Respondent </ins>
112.23  <ins>may be contacted at:</ins>
112.24  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Mailing Address: (required) </ins>
112.25  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Telephone Number:</ins>
112.26  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Facsimile Number: (either facsimile or e-mail contact is required) </ins>
112.27  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;E-Mail Address: (either facsimile or e-mail contact is required) </ins>
112.28  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Respectfully submitted, .........................</ins>
112.29  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(Signature and typed name and address).</ins>
112.30      <ins>Subd. 8.</ins> <ins><b>Response acknowledgment form.</b></ins> <ins>The form for the certificate of </ins>
112.31  <ins>acknowledgment must be substantially as follows:</ins>
112.32  <ins>AFFIDAVIT </ins>
112.33  <ins>THE STATE OF MINNESOTA    COUNTY OF .......</ins>
112.34  <ins>BEFORE ME, the undersigned authority, personally appeared ........., who, being by </ins>
112.35  <ins>me duly sworn, deposed as follows:</ins>
113.1   <ins>"My name is ...............  I am over 18 years of age, of sound mind, with personal </ins>
113.2   <ins>knowledge of the following facts, and fully competent to testify.</ins>
113.3   <ins>I attest that the assertions contained in the accompanying motion are true and </ins>
113.4   <ins>correct." </ins>
113.5   <ins>SUBSCRIBED and SWORN TO before me, this ..... day of ..................</ins>
113.6   <ins>NOTARY PUBLIC, State of [state name] </ins>
113.7   <ins>Notary's printed name:  .........................</ins>
113.8   <ins>My commission expires:  .........................</ins>
113.9       <ins>Subd. 9.</ins> <ins><b>Response affidavit of mailing form.</b></ins> <ins>Respondent shall submit the </ins>
113.10  <ins>response by United States mail to both the court and the moving party, and also by either </ins>
113.11  <ins>e-mail or facsimile as provided by the moving party. The respondent shall complete an </ins>
113.12  <ins>affidavit of mailing the response to the court and to the moving party in substantially </ins>
113.13  <ins>the following form:</ins>
113.14  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;State of Minnesota</ins>
113.15  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;County of .......... </ins>
113.16  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ................, being the responding party, being duly sworn, on oath, deposes </ins>
113.17  <ins>and says that on the ..... day of .........., ......., respondent mailed the response to court </ins>
113.18  <ins>and the moving party by placing a true and correct copy of the response in an envelope </ins>
113.19  <ins>addressed to them as shown depositing the same with postage prepaid, in the U.S. Mail </ins>
113.20  <ins>at ............................, Minnesota.</ins>
113.21  <ins>Subscribed and sworn to before me this ..... day of ...................., .......</ins>
113.22      <ins>Subd. 10.</ins> <ins><b>Hearing.</b></ins> <ins>(a) If a hearing is timely requested, the court shall hold that </ins>
113.23  <ins>hearing within five days after the mailing of the response by the respondent or as soon </ins>
113.24  <ins>after that as ordered by the court.  After the hearing, the court shall enter appropriate </ins>
113.25  <ins>findings of fact and conclusions of law regarding the financing statement or other record </ins>
113.26  <ins>filed under the Uniform Commercial Code. </ins>
113.27  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(b) If a hearing request under subdivision 7 is not received by the court by the </ins>
113.28  <ins>20th day following the mailing of the original motion, the court's finding may be made </ins>
113.29  <ins>solely on a review of the documentation attached to the motion and without hearing any </ins>
113.30  <ins>testimonial evidence.  After that review, which must be conducted no later than five days </ins>
113.31  <ins>after the 20-day period has expired, the court shall enter appropriate findings of fact and </ins>
113.32  <ins>conclusions of law as provided in subdivision 11 regarding the financing statement or </ins>
113.33  <ins>other record filed under the Uniform Commercial Code. </ins>
113.34  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(c) A copy of the findings of fact and conclusions of law must be sent to the moving </ins>
113.35  <ins>party, the respondent, and the person who filed the financing statement or other record at </ins>
114.1   <ins>the address listed in the motion or response of each person within seven days of the date </ins>
114.2   <ins>that the findings of fact and conclusions of law are issued by the court.</ins>
114.3   <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(d) In all cases, the moving party shall file or record an attested copy of the findings </ins>
114.4   <ins>of fact and conclusions of law in the filing office in the appropriate class of records in </ins>
114.5   <ins>which the original financing statement or other record was filed or recorded.  The filing </ins>
114.6   <ins>officer shall not collect a filing fee for filing a court's finding of fact and conclusion of </ins>
114.7   <ins>law as provided in this section except as specifically directed by the court in its findings </ins>
114.8   <ins>and conclusions.  </ins>
114.9       <ins>Subd. 11.</ins> <ins><b>Order form; no hearing.</b></ins> <ins>The findings of fact and conclusion of law </ins>
114.10  <ins>for an expedited review where no hearing has been requested must be in substantially </ins>
114.11  <ins>the following form:</ins>
114.12                            <ins>MISCELLANEOUS DOCKET No.  ...........</ins>
114.13  <ins>In Re:  A purported  Financing Statement in the district court of ........... ................ </ins>
114.14  <ins>County, Minnesota, Against  [Name of person who filed financing statement] </ins>
114.15  <ins>Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or </ins>
114.16  <ins>Other Record Filed Under the Uniform Commercial Code - Secured Transactions </ins>
114.17  <ins>On the (number) day of (month), (year), in the above entitled and numbered cause, </ins>
114.18  <ins>this court reviewed a motion, verified by affidavit, of (name) and the documentation </ins>
114.19  <ins>attached.  The respondent did not respond within the required 20-day period.  No testimony </ins>
114.20  <ins>was taken from any party, nor was there any notice of the court's review, the court </ins>
114.21  <ins>having made the determination that a decision could be made solely on review of the </ins>
114.22  <ins>documentation as provided in Minnesota Statutes, section 545.05.</ins>
114.23  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The court finds as follows (only an item or subitem checked and initialed is a valid </ins>
114.24  <ins>court ruling):</ins>
114.25  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[..] The documentation attached to the motion IS filed or recorded with the </ins>
114.26  <ins>authorization of the obligor, person named as debtor, or owner of collateral described or </ins>
114.27  <ins>indicated in the financing statement or other record, or by consent of an agent, fiduciary, or </ins>
114.28  <ins>other representative of that person, or with the authorization of the secured party of record </ins>
114.29  <ins>in the case of an amendment or termination.</ins>
114.30  <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[..] The documentation attached to the motion IS NOT filed or recorded with the </ins>
114.31  <ins>authorization of the obligor, person named as debtor, or owner of collateral described or </ins>
114.32  <ins>indicated in the documentation, or by consent of an agent, fiduciary, or other representative </ins>
114.33  <ins>of that person, or with the authorization of the secured party of record in the case of an </ins>
114.34  <ins>amendment or termination and, IS NOT an effective financing statement or other record </ins>
114.35  <ins>under the Uniform Commercial Code - Secured Transactions law of this state.</ins>
115.1   <ins>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[..] This court makes no finding as to any underlying claims of the parties involved </ins>
115.2   <ins>and expressly limits its findings of fact and conclusions of law to the review of a </ins>
115.3   <ins>ministerial act. The filing officer shall remove the subject financing statement or other </ins>
115.4   <ins>record so that the record is not reflected in or obtained as a result of any search, standard </ins>
115.5   <ins>or otherwise, conducted of those records, but shall retain them and these findings of fact </ins>
115.6   <ins>and conclusions of law in the filing office for the duration of the period for which they </ins>
115.7   <ins>would have otherwise been filed.</ins>
115.8                                <ins>SIGNED ON THIS THE ...... DAY of .......</ins>
115.9   <ins>............. District Judge </ins>
115.10  <ins>............. District </ins>
115.11  <ins>............. County, Minnesota </ins>
115.12      <ins>Subd. 12.</ins> <ins><b>Hearing determination.</b></ins> <ins>If a determination is made after a hearing, the </ins>
115.13  <ins>court may award the prevailing party all costs related to the entire review, including, but </ins>
115.14  <ins>not limited to, filing fees, attorney fees, administrative costs, and other costs. </ins>
115.15      <ins>Subd. 13.</ins> <ins><b>Subsequent motion.</b></ins> <ins>If the moving party files a subsequent motion under </ins>
115.16  <ins>this section against a person filing a financing statement or other record that is reviewed </ins>
115.17  <ins>under this section and found to be filed or recorded with the authorization of the obligor, </ins>
115.18  <ins>person named as debtor, or owner of collateral described or indicated in the financing </ins>
115.19  <ins>statement or other record, or by consent of an agent, fiduciary, or other representative of </ins>
115.20  <ins>that person, or with the authorization of the secured party of record in the case of an </ins>
115.21  <ins>amendment or termination, the court may, in addition to assessing costs, order other </ins>
115.22  <ins>equitable relief against the moving party or enter other sanctions against the moving party.</ins>
115.23      <ins>Subd. 14.</ins> <ins><b>Judicial officers.</b></ins> <ins>The chief judge of a district court may order that any </ins>
115.24  <ins>or all proceedings under this section be conducted and heard by other judicial officers of </ins>
115.25  <ins>that district court.</ins>
115.26  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.12.0"></a>115.27      Sec. 12. <ins><b>[604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE </b></ins>
115.28  <ins><b>IMPROPER FINANCING STATEMENTS.</b></ins>
115.29      <ins>Subdivision 1.</ins> <ins><b>Definitions.</b></ins> <ins>For purposes of this section:</ins>
115.30  <ins>(1) "financing statement" has the meaning given in section 336.9-102(a) of the </ins>
115.31  <ins>Uniform Commercial Code; and </ins>
115.32  <ins>(2) "filing officer" is defined as the Uniform Commercial Code filing officer in </ins>
115.33  <ins>each jurisdiction.</ins>
116.1       <ins>Subd. 2.</ins> <ins><b>Liability.</b></ins> <ins>(a) A person shall not knowingly cause to be presented for filing </ins>
116.2   <ins>or promote the filing of a financing statement that the person knows:</ins>
116.3   <ins>(1) is forged;</ins>
116.4   <ins>(2) is not:</ins>
116.5   <ins>&nbsp;&nbsp;(i) related to a valid lien or security agreement; or </ins>
116.6   <ins>&nbsp;&nbsp;(ii) filed pursuant to section 336.9-502(d); and </ins>
116.7   <ins>(3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or </ins>
116.8   <ins>otherwise interfere with any person.</ins>
116.9   <ins>(b) A person who violates paragraph (a) is liable to each injured person for:</ins>
116.10  <ins>(1) the greater of:</ins>
116.11  <ins>&nbsp;&nbsp;(i) nominal damages up to $10,000; or </ins>
116.12  <ins>&nbsp;&nbsp;(ii) the actual damages caused by the violation;</ins>
116.13  <ins>(2) court costs;</ins>
116.14  <ins>(3) reasonable attorney fees;</ins>
116.15  <ins>(4) related expenses of bringing the action, including investigative expenses; and </ins>
116.16  <ins>(5) exemplary damages in the amount determined by the court.</ins>
116.17      <ins>Subd. 3.</ins> <ins><b>Cause of action.</b></ins> <ins>(a) The following persons may bring an action to enjoin </ins>
116.18  <ins>violation of this section or to recover damages under this section:</ins>
116.19  <ins>(1) the obligor, the person named as the debtor, any person who owns an interest </ins>
116.20  <ins>in the collateral described or indicated in the financing statement, or any person harmed </ins>
116.21  <ins>by the filing of the financing statement;</ins>
116.22  <ins>(2) the attorney general;</ins>
116.23  <ins>(3) a county attorney;</ins>
116.24  <ins>(4) a city attorney; and </ins>
116.25  <ins>(5) a person who has been damaged as a result of an action taken in reliance on the </ins>
116.26  <ins>filed financing statement.</ins>
116.27  <ins>(b) A filing officer may refer a matter to the attorney general or other appropriate </ins>
116.28  <ins>person for filing the legal actions under this section.</ins>
116.29      <ins>Subd. 4.</ins> <ins><b>Venue.</b></ins> <ins>An action under this section may be brought in any district court in </ins>
116.30  <ins>the county in which the financing statement is presented for filing or in a county where </ins>
116.31  <ins>any of the persons named in subdivision 3, paragraph (a), clause (1), reside.</ins>
116.32      <ins>Subd. 5.</ins> <ins><b>Filing fee.</b></ins> <ins>(a) The fee for filing an action under this chapter is $.......  The </ins>
116.33  <ins>plaintiff must pay the fee to the clerk of the court in which the action is filed.  Except as </ins>
116.34  <ins>provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or </ins>
116.35  <ins>expense by the clerk of the court or other public official in connection with the action.</ins>
117.1   <ins>(b) The fee for service of notice of an action under this section charged to the </ins>
117.2   <ins>plaintiff may not exceed:</ins>
117.3   <ins>(1) $....... if the notice is delivered in person; or </ins>
117.4   <ins>(2) the cost of postage if the service is by registered or certified mail.</ins>
117.5   <ins>(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file </ins>
117.6   <ins>with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.</ins>
117.7   <ins>(d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes </ins>
117.8   <ins>for filing other similar actions and the plaintiff prevails in the action, the court may order a </ins>
117.9   <ins>defendant to pay to the court the differences between the fee paid under paragraph (a) and </ins>
117.10  <ins>the filing fee the court imposes for filing other similar actions.</ins>
117.11      <ins>Subd. 6.</ins> <ins><b>Other remedies.</b></ins> <ins>(a) An obligor, person named as a debtor,  owner of </ins>
117.12  <ins>collateral, or any other person harmed by the filing of a financing statement in violation of </ins>
117.13  <ins>subdivision 2, paragraph (a), also may request specific relief, including, but not limited </ins>
117.14  <ins>to, terminating the financing statement and removing the debtor named in the financing </ins>
117.15  <ins>statement from the index as provided in section 545.05, such that it will not appear in a </ins>
117.16  <ins>search under that debtor name.</ins>
117.17  <ins>(b) This law is cumulative of other law under which a person may obtain judicial </ins>
117.18  <ins>relief with respect to any filed or recorded document.</ins>
117.19  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective July 1, 2006.</ins>

<a id="go.7.13.0"></a>117.20      Sec. 13. <ins><b>[609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING </b></ins>
117.21  <ins><b>STATEMENTS.</b></ins>
117.22      <ins>Subdivision 1.</ins> <ins><b>Definition.</b></ins> <ins>As used in this section, "record" has the meaning given </ins>
117.23  <ins>in section 336.9-102.</ins>
117.24      <ins>Subd. 2.</ins> <ins><b>Crime described.</b></ins> <ins> A person who: </ins>
117.25  <ins>(1) knowingly causes to be presented for filing or promotes the filing of a record that:</ins>
117.26  <ins>(i) is not:</ins>
117.27  <ins>(A)  related to a valid lien or security agreement; or</ins>
117.28  <ins>(B) filed pursuant to section 336.9-502(d); or</ins>
117.29  <ins>(ii) contains a forged signature or is based upon a document containing a forged </ins>
117.30  <ins>signature; or</ins>
117.31  <ins>(2) presents for filing or causes to be presented for filing a record with the intent that </ins>
117.32  <ins>it be used to harass or defraud any other person;</ins>
117.33  <ins>is guilty of a crime and may be sentenced as provided in subdivision 3.</ins>
118.1       <ins>Subd. 3.</ins> <ins><b>Penalties.</b></ins> <ins>(a) Except as provided in paragraph (b), a person who violates </ins>
118.2   <ins>subdivision 2 is guilty of a gross misdemeanor.</ins>
118.3   <ins>(b) A person who violates subdivision 2 is guilty of a felony and may be sentenced </ins>
118.4   <ins>to imprisonment for not more than five years or to payment of a fine of not more than </ins>
118.5   <ins>$10,000, or both, if the person: </ins>
118.6   <ins>(1) commits the offense with intent to influence or otherwise tamper with a juror or a </ins>
118.7   <ins>judicial proceeding or with intent to retaliate against a judicial officer, as defined in section </ins>
118.8   <ins>609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's </ins>
118.9   <ins>performance of official duties in connection with a judicial proceeding; or</ins>
118.10  <ins>(2) commits the offense after having been previously convicted of a violation </ins>
118.11  <ins>of this section.</ins>
118.12      <ins>Subd. 4.</ins> <ins><b>Venue.</b></ins> <ins>A violation of this section may be prosecuted in either the county </ins>
118.13  <ins>of residence of the individual listed as debtor or the county in which the filing is made.</ins>
118.14  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
118.15  <ins>committed on or after that date.</ins>

<a id="go.8.0.0"></a>118.16                                         <b>ARTICLE 8</b>
118.17                                      <b>COMPUTER CRIMES</b>

<a id="go.8.1.0"></a>118.18      Section 1. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
118.19      Subdivision 1. <b>Applicability.</b> For purposes of sections  609.87 to  <del>609.89,</del><ins> 609.891</ins> 
118.20  and <del>section </del><del>609.891</del><ins>  609.8912 to 609.8913</ins>, the terms defined in this section have the 
118.21  meanings given them. 
118.22  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
118.23  <ins>committed on or after that date.</ins>

<a id="go.8.2.0"></a>118.24      Sec. 2. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
118.25      Subd. 11. <b>Computer security system.</b> "Computer security system" means a 
118.26  software program or computer device that<del>:</del>
118.27  <del>(1)</del> is intended to protect the confidentiality and secrecy of data and information 
118.28  stored in or accessible through the computer system<del>; and</del>
118.29  <del>(2) displays a conspicuous warning to a user that the user is entering a secure system </del>
118.30  <del>or requires a person seeking access to knowingly respond by use of an authorized code to </del>
118.31  <del>the program or device in order to gain access</del>.
119.1   <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
119.2   <ins>committed on or after that date.</ins>

<a id="go.8.3.0"></a>119.3       Sec. 3. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
119.4   to read:
119.5       <ins>Subd. 13.</ins> <ins><b>Encryption.</b></ins> <ins>"Encryption" means any protective or disruptive measure, </ins>
119.6   <ins>including but not limited to, cryptography, enciphering, or encoding that:</ins>
119.7   <ins>(1) causes or makes any data, information, image, program, signal, or sound </ins>
119.8   <ins>unintelligible or unusable; or</ins>
119.9   <ins>(2) prevents, impedes, delays, or disrupts access to any data, information, image, </ins>
119.10  <ins>program, signal, or sound.</ins>
119.11  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
119.12  <ins>committed on or after that date.</ins>

<a id="go.8.4.0"></a>119.13      Sec. 4. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
119.14  to read:
119.15      <ins>Subd. 14.</ins> <ins><b>Personal data.</b></ins> <ins>"Personal data" means any computer property or </ins>
119.16  <ins>computer program which contains records of the employment, salary, credit, or other </ins>
119.17  <ins>financial or personal information relating to another person.</ins>
119.18  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
119.19  <ins>committed on or after that date.</ins>

<a id="go.8.5.0"></a>119.20      Sec. 5. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
119.21      Subdivision 1. <b>Crime.</b> A person is guilty of unauthorized computer access if the 
119.22  person intentionally and without <del>authority</del> <ins>authorization </ins>attempts to or does penetrate a 
119.23  computer security system.
119.24  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
119.25  <ins>committed on or after that date.</ins>

<a id="go.8.6.0"></a>119.26      Sec. 6. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
119.27      Subd. 3. <b>Gross misdemeanor.</b> (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) <ins>A person who violates subdivision 1 and gains access to personal data is guilty of </ins>
120.6   <ins>a gross misdemeanor and may be sentenced under paragraph (a).</ins>
120.7   <ins>(d) </ins>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  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
120.11  <ins>committed on or after that date.</ins>

<a id="go.8.7.0"></a>120.12      Sec. 7. <ins><b>[609.8912] CRIMINAL USE OF ENCRYPTION.</b></ins>
120.13      <ins>Subdivision 1.</ins> <ins><b>Crime.</b></ins> <ins>Whoever intentionally uses or attempts to use encryption to </ins>
120.14  <ins>do any of the following is guilty of criminal use of encryption and may be sentenced as </ins>
120.15  <ins>provided in subdivision 2:</ins>
120.16  <ins>(1) to commit, further, or facilitate conduct constituting a crime;</ins>
120.17  <ins>(2) to conceal the commission of any crime;</ins>
120.18  <ins>(3) to conceal or protect the identity of a person who has committed any crime; or</ins>
120.19  <ins>(4) to prevent, impede, delay, or disrupt the normal operation or use of another's </ins>
120.20  <ins>computer, computer program, or computer system.</ins>
120.21      <ins>Subd. 2.</ins> <ins><b>Penalties.</b></ins> <ins>(a) A person who violates subdivision 1 may be sentenced </ins>
120.22  <ins>to imprisonment for not more than five years or to payment of a fine of not more than </ins>
120.23  <ins>$10,000, or both, if:</ins>
120.24  <ins>(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or</ins>
120.25  <ins>(2) the person has two or more prior convictions for an offense under this section, </ins>
120.26  <ins>section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United </ins>
120.27  <ins>States, the District of Columbia, tribal lands, and United States territories.</ins>
120.28  <ins>(b) A person who violates subdivision 1, under circumstances not described in </ins>
120.29  <ins>paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for </ins>
120.30  <ins>not more than one year or to payment of a fine of not more than $3,000, or both.</ins>
120.31  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
120.32  <ins>committed on or after that date.</ins>

<a id="go.8.8.0"></a>121.1       Sec. 8. <ins><b>[609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY </b></ins>
121.2   <ins><b>SYSTEM.</b></ins>
121.3   <ins>A person is guilty of a gross misdemeanor if the person knows or has reason to </ins>
121.4   <ins>know that by facilitating access to a computer security system the person is aiding </ins>
121.5   <ins>another who intends to commit a crime and in fact commits a crime. For purposes of this </ins>
121.6   <ins>section, "facilitating access" includes the intentional disclosure of a computer password, </ins>
121.7   <ins>identifying code, personal information number, or other confidential information about a </ins>
121.8   <ins>computer security system which provides a person with the means or opportunity for the </ins>
121.9   <ins>commission of a crime.</ins>
121.10  <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective August 1, 2006, and applies to crimes </ins>
121.11  <ins>committed on or after that date.</ins>