1.1 	A bill for an act
1.2 	relating to public safety; appropriating money for the courts, public safety, 
1.3 	corrections, and other criminal justice agencies; establishing, funding, modifying, 
1.4 	and regulating public safety, criminal justice, judiciary, law enforcement, 
1.5 	corrections, and crime victim services, policies, programs, duties, activities, 
1.6 	or practices; creating crimes; establishing illegal immigration policies and 
1.7 	programs; establishing a fire safety account; providing procedures for protection 
1.8 	of peace officers exposed to bloodborne pathogens; removing obsolete provisions 
1.9 	involving county and municipal courts; modifying emergency communication 
1.10 	provisions; establishing a special crimes unit to implement an illegal immigration 
1.11 	enforcement strategy; requiring maintenance of immigration data in the Bureau 
1.12 	of Criminal Apprehension's criminal history database; requiring employer fines 
1.13 	for hiring illegal immigrants; creating computer crimes; requiring the secretary 
1.14 	of state to develop and implement an address confidentiality program; modifying 
1.15 	financing statement requirements and providing for civil and criminal liability; 
1.16 	creating a crime of fraudulent identity documents; requiring studies and reports; 
1.17 	imposing criminal and civil penalties;amending Minnesota Statutes 2004, 
1.18 	sections 13.82, by adding a subdivision; 13.84, subdivisions 1, 2; 13.87, by 
1.19 	adding a subdivision; 43A.08, subdivision 1; 48A.10, subdivision 3; 144.445, 
1.20 	subdivision 1; 152.01, subdivision 18; 152.093; 152.18, subdivision 1; 169.13; 
1.21 	169A.24, subdivision 1; 181.973; 219.97, subdivision 13; 237.49; 253B.02, 
1.22 	subdivision 2; 260C.163, subdivision 3; 297I.30, by adding a subdivision; 
1.23 	299C.095, subdivision 2; 299C.10, by adding a subdivision; 299E.01, subdivision 
1.24 	2; 299F.011, subdivision 5; 346.09, subdivision 1; 346.155, subdivisions 1, 4, 5, 
1.25 	10, by adding a subdivision; 347.04; 358.41; 358.42; 358.47; 358.50; 359.01, by 
1.26 	adding a subdivision; 359.03, subdivision 3, by adding a subdivision; 359.04; 
1.27 	359.05; 359.085; 375A.13, subdivision 1; 383B.65, subdivision 2; 390.20; 
1.28 	390.33, subdivision 2; 403.02, by adding a subdivision; 403.08, subdivision 
1.29 	7; 403.11, subdivisions 3b, 3c; 403.113, subdivision 3; 403.21, subdivisions 
1.30 	2, 7, 9; 403.33; 403.34; 403.36, subdivision 1f; 480.181, subdivisions 1, 2; 
1.31 	480.182; 484.01, subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision 
1.32 	3; 484.545, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68, 
1.33 	subdivision 1; 484.702, subdivision 5; 485.018, subdivision 5; 485.021; 485.11; 
1.34 	488A.03, subdivisions 6, 11; 517.041; 518.157, subdivision 2; 518B.01, by 
1.35 	adding a subdivision; 525.9214; 546.27, subdivision 2; 595.02, subdivision 1; 
1.36 	609.101, subdivision 4; 609.102, subdivision 2; 609.11, subdivision 7; 609.2231, 
1.37 	subdivisions 4, 6; 609.2242, subdivision 4; 609.233, subdivision 1, by adding a 
1.38 	subdivision; 609.341, by adding a subdivision; 609.344, subdivision 1; 609.345, 
2.1 	subdivision 1; 609.495, by adding a subdivision; 609.52, subdivision 3; 609.527, 
2.2 	by adding a subdivision; 609.535, subdivision 2a; 609.595, subdivisions 1, 1a, 2; 
2.3 	609.652, subdivisions 1, 2, 3; 609.87, subdivisions 1, 11, by adding subdivisions; 
2.4 	609.891, subdivisions 1, 3; 611.14; 611.16; 611.18; 611.25, subdivision 1; 
2.5 	611.26, subdivision 6; 611A.0315; 617.246, by adding a subdivision; 617.247, 
2.6 	by adding a subdivision; 624.22, subdivision 8; 626.77, subdivision 3; 629.74; 
2.7 	631.425, subdivision 3; 641.25; Minnesota Statutes 2005 Supplement, sections 
2.8 	171.05, subdivision 2b; 171.055, subdivision 2; 243.166, subdivisions 1b, 4, 4b, 
2.9 	6; 244.052, subdivision 4; 244.055, subdivision 10; 244.10, subdivisions 5, 6, 7; 
2.10 	299A.78; 299C.10, subdivision 1; 299C.11, subdivision 1; 299C.40, subdivision 
2.11 	1; 299C.65, subdivision 2; 403.025, subdivision 7; 403.05, subdivision 3; 
2.12 	403.11, subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, subdivision 
2.13 	8; 403.36, subdivision 1; 485.01; 485.03; 485.05; 518B.01, subdivision 22; 
2.14 	609.02, subdivision 16; 609.1095, subdivision 4; 609.282; 609.283; 609.3455, 
2.15 	subdivisions 4, 8, by adding a subdivision; 609.527, subdivision 1;  Laws 2002, 
2.16 	chapter 266, section 1, as amended; Laws 2005, chapter 136, article 1, sections 
2.17 	10; 13, subdivision 3; article 16, sections 3; 4; 5; 6; proposing coding for 
2.18 	new law in Minnesota Statutes, chapters 4; 144; 152; 181; 241; 243; 297I; 
2.19 	299A; 299C; 299F; 340A; 387; 484; 545; 604; 609; 626; proposing coding 
2.20 	for new law as Minnesota Statutes, chapter 5B; repealing Minnesota Statutes 
2.21 	2004, sections 152.094; 297I.05, subdivision 6; 403.08, subdivision 8; 403.22; 
2.22 	403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30, 
2.23 	subdivisions 2, 4; 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3; 
2.24 	484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12; 
2.25 	487.01; 487.02; 487.03; 487.04; 487.07; 487.10, subdivisions 1, 4; 487.13; 
2.26 	487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 487.20, subdivision 
2.27 	1; 487.21, subdivisions 1, 2, 4; 487.23, subdivisions 1, 2, 3, 7a, 7b; 487.24; 
2.28 	487.25, subdivision 6; 487.26, subdivisions 2, 6; 487.27, subdivision 1; 487.28, 
2.29 	subdivision 1; 487.29; 487.31, subdivision 1; 487.32, subdivision 3; 487.33, 
2.30 	subdivisions 2, 6; 487.34; 487.36; 487.37; 487.38; 487.40, subdivisions 1, 
2.31 	1a; 488A.01, subdivisions 1, 4a, 12, 14, 15; 488A.021; 488A.025; 488A.03, 
2.32 	subdivisions 11a, 11b; 488A.035; 488A.04; 488A.08; 488A.09, subdivisions 1, 
2.33 	2, 3, 7; 488A.10, subdivisions 6, 11; 488A.101; 488A.11; 488A.112; 488A.113; 
2.34 	488A.115; 488A.116; 488A.119; 488A.18, subdivisions 1, 4, 14; 488A.19, 
2.35 	subdivisions 1, 3; 488A.20, subdivisions 1, 4; 488A.21; 488A.23; 488A.24; 
2.36 	488A.26, subdivisions 1, 2; 488A.27, subdivision 6; 488A.28; 488A.282; 
2.37 	488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; 525.015; 
2.38 	525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081; 
2.39 	525.082; 525.09; 525.091; 525.092; 525.095; 525.101; 525.103; 525.11; 525.111; 
2.40 	525.112; 525.113; 542.14; 549.05; 609.108, subdivision 5; 609.109, subdivisions 
2.41 	1, 3; 625.09; Minnesota Statutes 2005 Supplement, sections 353.027; 485.03; 
2.42 	609.108, subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 2, 4, 5, 6.
2.43 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.44 	ARTICLE 1
2.45 	PUBLIC SAFETY SUPPLEMENTAL APPROPRIATIONS

2.46 	Section 1. SUPPLEMENTAL APPROPRIATIONS.
 2.47 	The appropriations in this act are added to or, if shown in parentheses, subtracted 
2.48 	from the appropriations enacted into law by the legislature in 2005, or other specified law, 
2.49 	to the named agencies and for the specified programs or activities. The sums shown are 
2.50 	appropriated from the general fund, or another named fund, to be available for the fiscal 
3.1 	years indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is the fiscal year 
3.2 	ending June 30, 2007; and the biennium is fiscal years 2006 and 2007. Supplementary 
3.3 	appropriations and reductions to appropriations for the fiscal year ending June 30, 2006, 
3.4 	are effective the day following final enactment.

3.5	Sec. 2. SUPREME COURT
 		-0-
		125,000
	
3.6 	In fiscal year 2007, $125,000 is appropriated 
3.7 	from the general fund to the Supreme Court 
3.8 	for the first phase of a judicial initiative 
3.9 	to more effectively address the increasing 
3.10 	numbers of alcohol and other drug (AOD) 
3.11 	offenders coming into Minnesota courts, 
3.12 	including the increase in methamphetamine 
3.13 	offenders. This is a onetime appropriation 
3.14 	and is available until June 30, 2007.

3.15
3.16	Sec. 3.  BOARD OF JUDICIAL 
STANDARDS
 		172,000
		-0-
	
3.17 	In fiscal year 2006, $172,000 is appropriated 
3.18 	to the Board on Judicial Standards from the 
3.19 	general fund for costs of special hearings 
3.20 	and an investigation regarding complaints 
3.21 	of judicial misconduct. This is a onetime 
3.22 	appropriation and is available until June 30, 
3.23 	2007.

3.24	Sec. 4. PUBLIC SAFETY

3.25	Subdivision  1.Total Appropriation
 		284,000
		1,100,000 
	
3.26 	These appropriations are added to 
3.27 	appropriations in Laws 2005, chapter 136, 
3.28 	article 1, section 9. The amounts that may 
3.29 	be spent from this appropriation for each 
3.30 	program are specified in subdivisions 2 and 
3.31 	3.

4.1	Subd.  2.Emergency Management
 		284,000
		 52,000
	
4.2 	The fiscal year 2006 appropriation is to 
4.3 	provide matching funds for FEMA funds 
4.4 	received for natural disaster assistance 
4.5 	payments. This appropriation is available 
4.6 	on the day after enactment and is available 
4.7 	until June 30, 2007. This is a onetime 
4.8 	appropriation.
4.9 	$52,000 is for grants to municipalities whose 
4.10 	bomb squads provide out-of-area assistance 
4.11 	to other jurisdictions under Minnesota 
4.12 	Statutes, section 299C.063. Of this amount, 
4.13 	$45,000, in equal amounts of $15,000 per 
4.14 	city, is for grants to the cities of Minneapolis, 
4.15 	St. Paul, and Bloomington, and $7,500 is 
4.16 	for a grant to the city of Brainerd and Crow 
4.17 	Wing County.

4.18	Subd.  3.Criminal Apprehension
 		-0-
		1,100,000
	
4.19 	$1,000,000 is to create the Special Crimes 
4.20 	Unit. The commissioner shall develop, 
4.21 	and use the unit to implement, an illegal 
4.22 	immigration enforcement strategy for state 
4.23 	and local law enforcement agencies. The 
4.24 	unit shall focus its time and resources on 
4.25 	felony-level crimes involving the illegal 
4.26 	immigrant community and felony-level 
4.27 	crimes that target the immigrant community. 
4.28 	The base for this activity shall be $1,187,000 
4.29 	in fiscal year 2008 and fiscal year 2009. 
4.30 	The commissioner shall consider assigning 
4.31 	members of the unit to (1) serve as a training 
4.32 	officer and liaison to local law enforcement; 
4.33 	(2) serve on federal immigration and 
4.34 	terrorism task forces; (3) investigate crimes 
5.1 	involving false identification, fraud, and 
5.2 	human trafficking; and (4) work in field 
5.3 	offices located in or near communities with 
5.4 	large immigrant populations.
5.5 	$100,000 is for the enhancement of the 
5.6 	predatory offender database to facilitate 
5.7 	public notification of noncompliant sex 
5.8 	offenders via the Internet. The base for this 
5.9 	activity shall be $116,000 in fiscal year 2008 
5.10 	and fiscal year 2009.

5.11	Subd. 4.Human trafficking task force
 		-0-
		75,000
	
5.12 	$75,000 is to implement new Minnesota 
5.13 	Statutes, sections 299A.78 to 299A.7955, 
5.14 	relating to the human trafficking task force 
5.15 	and plan. This is a onetime appropriation.

5.16	Subd.  5.Office of justice programs
 		-0-
		80,000
	
5.17 	(a) $80,000 is for a grant to Ramsey County 
5.18 	for implementation of the safe harbor for 
5.19 	sexually exploited youth pilot project. The 
5.20 	project shall develop a victim services model 
5.21 	to address the needs of sexually exploited 
5.22 	youth. The project must focus on intervention 
5.23 	and prevention methods; training for law 
5.24 	enforcement, educators, social services 
5.25 	providers, health care workers, advocates, 
5.26 	court officials, prosecutors, and public 
5.27 	defenders; and programs promoting positive 
5.28 	outcomes for victims. The project must 
5.29 	include development and implementation of 
5.30 	a statewide model protocol for intervention 
5.31 	and response methods for professionals, 
5.32 	individuals, and agencies that may encounter 
5.33 	sexually exploited youth. "Sexually 
5.34 	exploited youth" include juvenile runaways, 
6.1 	truants, and victims of criminal sexual 
6.2 	conduct, prostitution, labor trafficking, sex 
6.3 	trafficking, domestic abuse, and assault. This 
6.4 	is a onetime appropriation.
6.5 	(b) By January 15, 2008, Ramsey County 
6.6 	shall report to the chairs and ranking minority 
6.7 	members of the senate and house divisions 
6.8 	having jurisdiction over criminal justice 
6.9 	funding and policy on the results of the pilot 
6.10 	project.

6.11	Subd.  6.Office of justice programs
 		-0-
		82,000
	
6.12 	$40,000 is to be distributed to Victim 
6.13 	Intervention Program, Inc. The appropriation 
6.14 	is available for the biennium ending June 30, 
6.15 	2007.
6.16 	$42,000 is for the Bureau of Criminal 
6.17 	Apprehension to conduct background checks 
6.18 	requested by organizations that provide 
6.19 	mentoring services. An organization may 
6.20 	request a criminal background check on 
6.21 	persons volunteering to become a mentor 
6.22 	under the organization's supervision. 
6.23 	"Mentoring" means a commitment between 
6.24 	an adult and youth focused on developing 
6.25 	the character and capabilities of the young 
6.26 	person and involving regular, personal, or 
6.27 	face-to-face meetings. This is a onetime 
6.28 	appropriation and is available until June 30, 
6.29 	2007.

6.30	Sec. 5. CORRECTIONS

6.31	Subdivision 1.Total Appropriations
 		5,000
		 4,356,000
	
7.1 	These amounts are added to the 
7.2 	appropriations in Laws 2005, chapter 
7.3 	136, article 1, section 13.

7.4	Subd.  2.Correctional Institutions
 		(366,000)
		 3,364,000
	
7.5 	$42,000 in fiscal year 2007 is for the bed 
7.6 	impact of article 5.

7.7	Subd.  3.Community Services
 		371,000
		1,192,000
	
7.8 	$300,000 in fiscal year 2007 is for a grant 
7.9 	to an organization for implementation of 
7.10 	a pilot project that focuses on offender 
7.11 	reentry programs. The pilot project must 
7.12 	develop a comprehensive statewide model 
7.13 	for transitioning offenders from incarceration 
7.14 	to the community to reduce recidivism 
7.15 	rates. The organization must be licensed 
7.16 	by the Department of Human Services to 
7.17 	provide chemical dependency treatment 
7.18 	and aftercare. The grant recipient shall 
7.19 	report to the commissioner by June 30, 
7.20 	2007, on the development of the statewide 
7.21 	model. The commissioner shall submit a 
7.22 	report to the chairs and ranking minority 
7.23 	members of the house of representatives and 
7.24 	senate committees having jurisdiction over 
7.25 	public safety by November 1, 2007. The 
7.26 	commissioner's report must explain how the 
7.27 	grant proceeds were used and evaluate the 
7.28 	effectiveness of the pilot project funded by 
7.29 	the grant. 
7.30 	$21,000 is appropriated from the general 
7.31 	fund to the commissioner of corrections 
7.32 	for a validation and reliability study 
7.33 	of the use of the Static-99, Rapid Risk 
8.1 	Assessment for Sexual Offense Recidivism 
8.2 	and the Minnesota Sex Offender Screening 
8.3 	Tool-Revised in predicting the risk of 
8.4 	reoffense among Minnesota offenders 
8.5 	sentenced to probation. This appropriation is 
8.6 	available for the biennium ending June 30, 
8.7 	2007.
8.8 	The base for community services is increased 
8.9 	by $196,000 beginning in fiscal year 2008 for 
8.10 	the addition to the Community Corrections 
8.11 	Act of Scott County. The funding shall be 
8.12 	distributed according to the community 
8.13 	corrections aid formula contained in 
8.14 	Minnesota Statutes, section 401.10.

8.15	Sec. 6.  SECRETARY OF STATE.
 		-0-
		50,000
	
8.16 	This appropriation is to develop and 
8.17 	implement an address confidentiality 
8.18 	program.

8.19 	Sec. 7. Laws 2005, chapter 136, article 1, section 10, is amended to read:

8.20
8.21	PEACE OFFICER  STANDARDS AND 
TRAINING BOARD (POST)
 		4,154,000
		4,014,000
4,114,000
	
8.22 	EXCESS AMOUNTS TRANSFERRED. 
8.23 	This  appropriation is from the peace officer  
8.24 	training account in the special revenue  fund.  
8.25 	Any new receipts credited to  that account in 
8.26 	the first year in  excess of $4,154,000 must be  
8.27 	transferred and credited to the general  fund.  
8.28 	Any new receipts credited to  that account 
8.29 	in the second year in  excess of $4,014,000
8.30 	$4,114,000 must be  transferred and credited 
8.31 	to the general  fund.  
9.1 	TECHNOLOGY IMPROVEMENTS.
9.2 	$140,000 the  first year is for technology  
9.3 	improvements.  
9.4 	PEACE OFFICER TRAINING 
9.5 	REIMBURSEMENT.$2,909,000 each year
9.6 	$2,909,000 the first year and $3,009,000 the 
9.7 	second year is for  reimbursements to local 
9.8 	governments for  peace officer training costs.  

9.9 	Sec. 8. Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to read:

9.10	Subd. 3.  Community Services
 		103,556,000
		103,369,000

9.11	 Summary by Fund  
	
9.12	General Fund 
	103,456,000
	103,269,000
	
9.13	Special Revenue
	 100,000
	100,000
	
9.14 	SHORT-TERM OFFENDERS. $1,207,000 
9.15 	each  year is for costs associated with the  
9.16 	housing and care of short-term  offenders.  
9.17 	The commissioner may use up  to 20 percent 
9.18 	of the total amount of  the appropriation 
9.19 	for inpatient medical  care for short-term 
9.20 	offenders with less  than six months to 
9.21 	serve as affected by  the changes made to 
9.22 	Minnesota Statutes,  section 609.105, in 
9.23 	2003.  All funds  remaining at the end of 
9.24 	the fiscal year  not expended for inpatient 
9.25 	medical care  shall be added to and distributed 
9.26 	with  the housing funds.  These funds shall  
9.27 	be distributed proportionately based on  the 
9.28 	total number of days short-term  offenders are 
9.29 	placed locally, not to  exceed $70 per day.  
9.30 	Short-term  offenders may be housed in a 
9.31 	state  correctional facility at the discretion  of 
9.32 	the commissioner.  
10.1 	The Department of Corrections is exempt  
10.2 	from the state contracting process for  the 
10.3 	purposes of Minnesota Statutes,  section 
10.4 	609.105, as amended by Laws  2003, First 
10.5 	Special Session chapter 2,  article 5, sections 
10.6 	7 to 9.  
10.7 	GPS MONITORING OF SEX 
10.8 	OFFENDERS.  $500,000 the first 
10.9 	year and $162,000  the second year are for the 
10.10 	acquisition  and service of bracelets equipped 
10.11 	with  tracking devices designed to track 
10.12 	and  monitor the movement and location of  
10.13 	criminal offenders.  The commissioner  shall 
10.14 	use the bracelets to monitor  high-risk sex 
10.15 	offenders who are on  supervised release, 
10.16 	conditional  release, parole, or probation to 
10.17 	help  ensure that the offenders do not  violate 
10.18 	conditions of their release or  probation.  
10.19 	END OF CONFINEMENT REVIEWS.
10.20 	$94,000  each year is for end of confinement  
10.21 	reviews.  
10.22 	COMMUNITY SURVEILLANCE AND  
10.23 	SUPERVISION. $1,370,000 each year is  
10.24 	to provide housing options to maximize  
10.25 	community surveillance and supervision.  
10.26 	INCREASE IN INTENSIVE 
10.27 	SUPERVISED  RELEASE SERVICES.
10.28 	$1,800,000 each year  is to increase intensive 
10.29 	supervised  release services.  
10.30 	SEX OFFENDER ASSESSMENT  
10.31 	REIMBURSEMENTS. $350,000 each year 
10.32 	is  to provide grants to reimburse counties for 
10.33 	reimbursements, their designees, or courts
10.34 	for sex offender  assessments as required 
10.35 	under Minnesota  Statutes, section 609.3452, 
11.1 	subdivision  1, which is being renumbered as 
11.2 	section  609.3457.  
11.3 	SEX OFFENDER TREATMENT AND  
11.4 	POLYGRAPHS. $1,250,000 each year 
11.5 	is to  provide treatment for sex offenders 
11.6 	on  community supervision and to pay for  
11.7 	polygraph testing.  
11.8 	INCREASED SUPERVISION OF SEX  
11.9 	OFFENDERS, DOMESTIC VIOLENCE 
11.10 	OFFENDERS,  AND OTHER VIOLENT 
11.11 	OFFENDERS.  $1,500,000 each year is for 
11.12 	the  increased supervision of sex offenders  
11.13 	and other violent offenders, including  
11.14 	those convicted of domestic abuse.  These 
11.15 	appropriations may not be used to  supplant 
11.16 	existing state or county  probation officer 
11.17 	positions.  
11.18 	The commissioner shall distribute  $1,050,000 
11.19 	in grants each year to  Community Corrections 
11.20 	Act counties and  $450,000 each year to the 
11.21 	Department of  Corrections Probation and 
11.22 	Supervised  Release Unit.  The commissioner 
11.23 	shall  distribute the funds to the Community  
11.24 	Corrections Act counties according to  the 
11.25 	formula contained in Minnesota  Statutes, 
11.26 	section 401.10.  
11.27 	Prior to the distribution of these  funds, each 
11.28 	Community Corrections Act  jurisdiction and 
11.29 	the Department of  Corrections Probation 
11.30 	and Supervised  Release Unit shall submit 
11.31 	to the  commissioner an analysis of need 
11.32 	along  with a plan to meet their needs and  
11.33 	reduce the number of sex offenders and  other 
11.34 	violent offenders, including  domestic abuse 
11.35 	offenders, on probation  officer caseloads.  
12.1 	COUNTY PROBATION OFFICERS.
12.2 	$500,000  each year is to increase county  
12.3 	probation officer reimbursements.  
12.4 	INTENSIVE SUPERVISION AND 
12.5 	AFTERCARE  FOR CONTROLLED 
12.6 	SUBSTANCES OFFENDERS;  REPORT.
12.7 	$600,000 each year is for  intensive 
12.8 	supervision and aftercare  services for 
12.9 	controlled substances  offenders released 
12.10 	from prison under  Minnesota Statutes, 
12.11 	section 244.055.  These appropriations are 
12.12 	not added to  the department's base budget.  
12.13 	By  January 15, 2008, the commissioner  
12.14 	shall report to the chairs and ranking  
12.15 	minority members of the senate and  house 
12.16 	of representatives committees and  divisions 
12.17 	having jurisdiction over  criminal justice 
12.18 	policy and funding on  how this appropriation 
12.19 	was spent.  
12.20 	REPORT ON ELECTRONIC 
12.21 	MONITORING OF SEX  OFFENDERS.
12.22 	By March 1, 2006, the  commissioner shall 
12.23 	report to the chairs  and ranking minority 
12.24 	members of the  senate and house of 
12.25 	representatives  committees and divisions 
12.26 	having  jurisdiction over criminal justice  
12.27 	policy and funding on implementing an  
12.28 	electronic monitoring system for sex  
12.29 	offenders who are under community  
12.30 	supervision.  The report must address  the 
12.31 	following:  
12.32 	(1) the advantages and disadvantages in  
12.33 	implementing this system, including the  
12.34 	impact on public safety;  
13.1 	(2) the types of sex offenders who  should be 
13.2 	subject to the monitoring;  
13.3 	(3) the time period that offenders  should be 
13.4 	subject to the monitoring;  
13.5 	(4) the financial costs associated with  the 
13.6 	monitoring and who should be  responsible 
13.7 	for these costs; and  
13.8 	(5) the technology available for the  
13.9 	monitoring.  

13.10 	ARTICLE 2
13.11 	GENERAL CRIMINAL AND SENTENCING PROVISIONS

13.12 	Section 1. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 
13.13 	amended to read:
13.14 		Subd. 5.Procedures in cases where state intends to seek an aggravated 
13.15 	departure. (a) When the prosecutor provides reasonable notice under subdivision 4, the 
13.16 	district court shall allow the state to prove beyond a reasonable doubt to a jury of 12 
13.17 	members the factors in support of the state's request for an aggravated departure from 
13.18 	the Sentencing Guidelines or the state's request for an aggravated sentence under any 
13.19 	sentencing enhancement statute or the state's request for a mandatory minimum under 
13.20 	section 609.11 as provided in paragraph (b) or (c).
13.21 	(b) The district court shall allow a unitary trial and final argument to a jury regarding 
13.22 	both evidence in support of the elements of the offense and evidence in support of 
13.23 	aggravating factors when the evidence in support of the aggravating factors:
13.24 	(1) would be admissible as part of the trial on the elements of the offense; or
13.25 	(2) would not result in unfair prejudice to the defendant.
13.26 	The existence of each aggravating factor shall be determined by use of a special 
13.27 	verdict form.
13.28 	Upon the request of the prosecutor, the court shall allow bifurcated argument and 
13.29 	jury deliberations.
13.30 	(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, 
13.31 	to allow for the production of evidence, argument, and deliberations on the existence of 
13.32 	factors in support of an aggravated departure after the return of a guilty verdict when the 
13.33 	evidence in support of an aggravated departure:
14.1 	(1) includes evidence that is otherwise inadmissible at a trial on the elements of 
14.2 	the offense; and
14.3 	(2) would result in unfair prejudice to the defendant.

14.4 	EFFECTIVE DATE. This section is effective the day following final enactment 
14.5 	and applies to sentencing hearings and sentencing departures sought on or after that date. 

14.6 	Sec. 2. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is 
14.7 	amended to read:
14.8 		Subd. 6.Defendants to present evidence and argument. In either a unitary or 
14.9 	bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence 
14.10 	and argument to the jury or factfinder regarding whether facts exist that would justify 
14.11 	an aggravated durational departure or an aggravated sentence under any sentencing 
14.12 	enhancement statute or a mandatory minimum sentence under section 609.11. A defendant 
14.13 	is not allowed to present evidence or argument to the jury or factfinder regarding facts in 
14.14 	support of a mitigated departure during the trial, but may present evidence and argument 
14.15 	in support of a mitigated departure to the judge as factfinder during a sentencing hearing.

14.16 	EFFECTIVE DATE. This section is effective the day following final enactment 
14.17 	and applies to sentencing hearings and sentencing departures sought on or after that date.

14.18 	Sec. 3. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is 
14.19 	amended to read:
14.20 		Subd. 7.Waiver of jury determination. The defendant may waive the right to a 
14.21 	jury determination of whether facts exist that would justify an aggravated sentence. Upon 
14.22 	receipt of a waiver of a jury trial on this issue, the district court shall determine beyond 
14.23 	a reasonable doubt whether the factors in support of the state's motion for aggravated 
14.24 	departure or an aggravated sentence under any sentencing enhancement statute or a 
14.25 	mandatory minimum sentence under section 609.11 exist.

14.26 	EFFECTIVE DATE. This section is effective the day following final enactment 
14.27 	and applies to sentencing hearings and sentencing departures sought on or after that date.

14.28 	Sec. 4. [340A.706] ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.
14.29 		Subdivision 1.Definition. For purposes of this section, an "alcohol without liquid 
14.30 	device" is a device, machine, apparatus, or appliance that mixes an alcoholic beverage 
14.31 	with pure or diluted oxygen to produce an alcohol vapor that may be inhaled by an 
14.32 	individual. An "alcohol without liquid device" does not include an inhaler, nebulizer, 
15.1 	atomizer, or other device that is designed and intended specifically for medical purposes 
15.2 	to dispense prescribed or over-the-counter medications.
15.3 		Subd. 2.Prohibition. Except as provided in subdivision 3, it is unlawful for any 
15.4 	person or business establishment to possess, purchase, sell, offer to sell, or use an alcohol 
15.5 	without liquid device.
15.6 		Subd. 3.Research exemption. This section does not apply to a hospital that 
15.7 	operates primarily for the purpose of conducting scientific research, a state institution 
15.8 	conducting bona fide research, a private college or university conducting bona fide 
15.9 	research, or to a pharmaceutical company or biotechnology company conducting bona 
15.10 	fide research.
15.11 		Subd. 4.Penalty. Except as provided in subdivision 3, it is unlawful for any person 
15.12 	or business establishment to utilize a nebulizer, inhaler, or atomizer or other device as 
15.13 	described in subdivision 1, for the purposes of inhaling alcoholic beverages.

15.14 	EFFECTIVE DATE. This section is effective August 1, 2006 and applies to 
15.15 	violations committed on or after that date. 

15.16 	Sec. 5. Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
15.17 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
15.18 	section.
15.19 	(b) "Person" means any natural person, firm, partnership, corporation, or association, 
15.20 	however organized.
15.21 	(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:
15.22 	(1) operates a place of refuge where abused, neglected, unwanted, impounded, 
15.23 	abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
15.24 	(2) does not conduct any commercial activity with respect to any animal of which 
15.25 	the organization is an owner; and
15.26 	(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the 
15.27 	organization is an owner, except as an integral part of the species survival plan of the 
15.28 	American Zoo and Aquarium Association.
15.29 	(d) "Possess" means to own, care for, have custody of, or control.
15.30 	(e) "Regulated animal" means:
15.31 	(1) all members of the Felidae family including, but not limited to, lions, tigers, 
15.32 	cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats 
15.33 	recognized as a domestic breed, registered as a domestic breed, and shown as a domestic 
15.34 	breed by a national or international multibreed cat registry association;
15.35 	(2) bears; and
16.1 	(3) all nonhuman primates, including, but not limited to, lemurs, monkeys, 
16.2 	chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
16.3 	Regulated animal includes any hybrid or cross between an animal listed in clause 
16.4 	(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of 
16.5 	those crosses or hybrids.
16.6 	(f) "Local animal control authority" means an agency of the state, county, 
16.7 	municipality, or other governmental subdivision of the state that is responsible for animal 
16.8 	control operations in its jurisdiction.
16.9 	(g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the 
16.10 	meanings given them in section 609.02.

16.11 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
16.12 	committed on or after that date.

16.13 	Sec. 6. Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
16.14 		Subd. 4.Requirements. (a) A person who possesses a regulated animal must 
16.15 	maintain health and ownership records on each animal and must maintain the records 
16.16 	for the life of the animal. If possession of the regulated animal is transferred to another 
16.17 	person, a copy of the health and ownership records must accompany the animal.
16.18 	(b) A person who possesses a regulated animal must maintain an ongoing program 
16.19 	of veterinary care which includes a veterinary visit to the premises at least annually.
16.20 	(c) A person who possesses a regulated animal must notify the local animal control 
16.21 	authority in writing within ten days of a change in address or location where the regulated 
16.22 	animal is kept. The notification of change in address or location form must be prepared by 
16.23 	the Minnesota Animal Control Association and approved by the Board of Animal Health. 
16.24 	(d) A person with a United States Department of Agriculture license for regulated 
16.25 	animals shall forward a copy of the United States Department of Agriculture inspection 
16.26 	report to the local animal control authority within 30 days of receipt of the inspection 
16.27 	report.
16.28 	(e) A person who possesses a regulated animal shall prominently display a sign on 
16.29 	the structure where the animal is housed indicating that a dangerous  regulated animal 
16.30 	is on the premises.
16.31 	(f) A person who possesses a regulated animal must notify, as soon as practicable, 
16.32 	local law enforcement officials of any escape of a regulated animal. The person who 
16.33 	possesses the regulated animal is liable for any costs incurred by any person, city, county, 
16.34 	or state agency resulting from the escape of a regulated animal unless the escape is due to 
16.35 	a criminal act by another person or a natural event.
17.1 	(g) A person who possesses a regulated animal must maintain a written recovery 
17.2 	plan in the event of the escape of a regulated animal. The person must maintain live traps, 
17.3 	or other equipment necessary to assist in the recovery of the regulated animal.
17.4 	(h) If requested by the local animal control authority, A person may not move a 
17.5 	regulated animal from its location unless the person notifies the local animal control 
17.6 	authority prior to moving the animal. The notification must include the date and the 
17.7 	location where the animal is  to be moved. This paragraph does not apply to a regulated 
17.8 	animal transported to a licensed veterinarian.
17.9 	(i) If a person who possesses a regulated animal can no longer care for the animal, 
17.10 	the person shall take steps to find long-term placement for the regulated animal.

17.11 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
17.12 	committed on or after that date.

17.13 	Sec. 7. Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
17.14 		Subd. 5.Seizure. (a) The local animal control authority, upon issuance of a 
17.15 	notice of inspection, must be granted access at reasonable times to sites where the local 
17.16 	animal control authority has reason to believe a violation of this chapter is occurring or 
17.17 	has occurred.
17.18 	(b) If a person who possesses a regulated animal is not in compliance with the 
17.19 	requirements of this section, the local animal control authority shall take possession of the 
17.20 	animal for custody and care, provided that the procedures in this subdivision are followed.
17.21 	(c) Upon request of a person possessing a regulated animal, the local animal control 
17.22 	authority may allow the animal to remain in the physical custody of the owner for 30 days, 
17.23 	during which time the owner shall take all necessary actions to come in compliance with 
17.24 	this section. During the 30-day period, the local animal control authority may inspect, at 
17.25 	any reasonable time, the premises where the animal is kept.
17.26 	(d) If a person who possesses a regulated animal is not in compliance with this 
17.27 	section following the 30-day period described in paragraph (c), the local animal control 
17.28 	authority shall seize the animal and place it in a holding facility that is appropriate for the 
17.29 	species for up to ten days. 
17.30 	(e) The authority taking custody of an animal under this section shall provide a 
17.31 	notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at 
17.32 	the place where the animal is taken into custody, or by delivering it to a person residing 
17.33 	on the property. The notice must include:
18.1 	(1) a description of the animal seized; the authority for and purpose of the seizure; 
18.2 	the time, place, and circumstances under which the animal was seized; and a contact 
18.3 	person and telephone number;
18.4 	(2) a statement that a person from whom a regulated animal was seized may post 
18.5 	security to prevent disposition of the animal and may request a hearing concerning the 
18.6 	seizure and that failure to do so within five business days of the date of the notice will 
18.7 	result in disposition of the animal;
18.8 	(3) a statement that actual costs of the care, keeping, and disposal of the regulated 
18.9 	animal are the responsibility of the person from whom the animal was seized, except to 
18.10 	the extent that a court or hearing officer finds that the seizure or impoundment was not 
18.11 	substantially justified by law; and
18.12 	(4) a form that can be used by a person from whom a regulated animal was seized 
18.13 	for requesting a hearing under this subdivision.
18.14 	(e) (f) If a person from whom the regulated animal was seized makes a request 
18.15 	within five business days of the seizure, a hearing must be held within five business days 
18.16 	of the request to determine the validity of the seizure and disposition of the animal. The 
18.17 	judge or hearing officer may authorize the return of the animal to the person from whom 
18.18 	the animal was seized if the judge or hearing officer finds:
18.19 	(1) that the person can and will provide the care required by law for the regulated 
18.20 	animal; and
18.21 	(2) the regulated animal is physically fit.
18.22 	(f) (g) If a judge or hearing officer orders a permanent disposition of the regulated 
18.23 	animal, the local animal control authority may take steps to find long-term placement for 
18.24 	the animal with a wildlife sanctuary, persons authorized by the Department of Natural 
18.25 	Resources, or an appropriate United States Department of Agriculture licensed facility.
18.26 	(g) (h) A person from whom a regulated animal is seized is liable for all actual costs 
18.27 	of care, keeping, and disposal of the animal, except to the extent that a court or hearing 
18.28 	officer finds that the seizure was not substantially justified by law. The costs must be paid 
18.29 	in full or a mutually satisfactory arrangement for payment must be made between the 
18.30 	local animal control authority and the person claiming an interest in the animal before 
18.31 	return of the animal to the person.
18.32 	(h) (i) A person from whom a regulated animal has been seized under this 
18.33 	subdivision may prevent disposition of the animal by posting security in the amount 
18.34 	sufficient to provide for the actual costs of care and keeping of the animal. The security 
18.35 	must be posted within five business days of the seizure, inclusive of the day of the seizure.
19.1 	(i) (j) If circumstances exist threatening the life of a person or the life of any animal, 
19.2 	local law enforcement or the local animal control authority shall may seize a regulated 
19.3 	animal without an opportunity for hearing or court order, or destroy the animal.

19.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
19.5 	committed on or after that date.

19.6 	Sec. 8. Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision 
19.7 	to read:
19.8 		Subd. 9a.Confinement and control. A person violates this subdivision who 
19.9 	possesses a regulated animal and negligently fails to control the animal or keep it properly 
19.10 	confined and as a result the animal causes bodily harm, substantial bodily harm, or great 
19.11 	bodily harm to another person.

19.12 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
19.13 	committed on or after that date.

19.14 	Sec. 9. Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
19.15 		Subd. 10.Penalty.  (a) A person who knowingly violates subdivision 2, 3,  paragraph 
19.16 	(b) or (c), or 4 is guilty of a misdemeanor.
19.17 	(b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a 
19.18 	gross misdemeanor.
19.19 	(c) A person who violates subdivision 9a resulting in bodily harm is guilty of a 
19.20 	misdemeanor and may be sentenced to imprisonment for not more than 90 days or to 
19.21 	payment of a fine of not more than $1,000, or both.
19.22 	(d) A person who violates subdivision 9a resulting in substantial bodily harm is 
19.23 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
19.24 	one year or to payment of a fine of not more than $3,000, or both.
19.25 	(e) A person who violates subdivision 9a resulting in great bodily harm or death 
19.26 	is guilty of a felony and may be sentenced to imprisonment for not more than two years 
19.27 	or to payment of a fine of not more than $5,000, or both, unless a greater penalty is 
19.28 	provided elsewhere.

19.29 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
19.30 	committed on or after that date.

19.31 	Sec. 10. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, 
19.32 	is amended to read:
20.1 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
20.2 	is an order issued by a court against a defendant in a criminal proceeding for:
20.3 	(1) domestic abuse;
20.4 	(2) harassment or stalking charged under section 609.749 and committed against 
20.5 	a family or household member;
20.6 	(3) violation of an order for protection charged under subdivision 14; or
20.7 	(4) violation of a prior domestic abuse no contact order charged under this 
20.8 	subdivision.
20.9 	It includes pretrial orders before final disposition of the case and probationary orders 
20.10 	after sentencing.
20.11 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
20.12 	against the person and violates the order is guilty of a misdemeanor.
20.13 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
20.14 	subdivision during the time period between a previous qualified domestic violence-related 
20.15 	offense conviction and the end of the five years following discharge from sentence for 
20.16 	that offense.
20.17 	(d) A peace officer shall arrest without a warrant and take into custody a person 
20.18 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
20.19 	contact order, even if the violation of the order did not take place in the presence of the 
20.20 	peace officer, if the existence of the order can be verified by the officer. The person shall 
20.21 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
20.22 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
20.23 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
20.24 	immune from civil liability that might result from the officer's actions.

20.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
20.26 	committed on or after that date.

20.27 	Sec. 11. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
20.28 	amended to read:
20.29 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
20.30 	violence-related offense" includes the following offenses: sections 518B.01, subdivision 
20.31 	14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 
20.32 	(violation of domestic abuse no contact order); 609.221 (first-degree assault); 609.222
20.33 	(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 
20.34 	609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault 
21.1 	by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree 
21.2 	criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
21.3 	(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 
21.4 	609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining 
21.5 	order); and609.749 (harassment/stalking); and 609.78, subdivision 2 (interference with 
21.6 	an emergency call); and similar laws of other states, the United States, the District of 
21.7 	Columbia, tribal lands, and United States territories.

21.8 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.9 	committed on or after that date.

21.10 	Sec. 12. Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4, 
21.11 	is amended to read:
21.12 		Subd. 4.Increased sentence for offender who commits a sixth felony. Whenever 
21.13 	a person is convicted of a felony, and the judge is imposing an executed sentence based 
21.14 	on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose 
21.15 	an aggravated durational departure from the presumptive sentence up to the statutory 
21.16 	maximum sentence if the factfinder determines that the offender has five or more prior 
21.17 	felony convictions and that the present offense is a felony that was committed as part 
21.18 	of a pattern of criminal conduct.

21.19 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.20 	committed on or after that date.

21.21 	Sec. 13. Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
21.22 		Subd. 7.Prosecutor shall establish. Whenever reasonable grounds exist to believe 
21.23 	that the defendant or an accomplice used a firearm or other dangerous weapon or had in 
21.24 	possession a firearm, at the time of commission of an offense listed in subdivision 9, 
21.25 	the prosecutor shall, at the time of trial or at the plea of guilty, present on the record 
21.26 	all evidence tending to establish that fact unless it is otherwise admitted on the record.
21.27 	The question of whether the defendant or an accomplice, at the time of commission of 
21.28 	an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
21.29 	in possession a firearm shall be determined by the court on the record factfinder at the 
21.30 	time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the 
21.31 	record of the trial or the plea of guilty. The courtfactfinder shall also determine on the 
21.32 	record at the time of sentencing whether the defendant has been convicted of a second or 
21.33 	subsequent offense in which the defendant or an accomplice, at the time of commission 
22.1 	of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
22.2 	in possession a firearm.

22.3 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
22.4 	committed on or after that date. 

22.5 	Sec. 14. [609.154] INCREASED PENALTIES FOR CRIMES MOTIVATED 
22.6 	BY BIAS.
22.7 		Subdivision 1.Crimes motivated by bias.  Notwithstanding the statutory maximum 
22.8 	penalty otherwise applicable to the offense, the court shall sentence a person as provided 
22.9 	under subdivision 2, if: 
22.10 	(1) the person is convicted of a crime under chapter 609; and 
22.11 	(2) the factfinder determines that the person committed the crime because of the 
22.12 	victim's, property owner's, or another's actual or perceived race, color, religion, sex, 
22.13 	sexual orientation, disability as defined in section 363A.03, age, or national origin. 
22.14 		Subd. 2. Penalties.  (a) If the crime committed is a felony, the statutory maximum 
22.15 	for the crime is five years longer than the statutory maximum for the underlying crime. 
22.16 	(b) If the crime committed is a gross misdemeanor, the person is guilty of a felony 
22.17 	and may be sentenced to imprisonment for not more than two years or to payment of 
22.18 	a fine of not more than $10,000, or both. 
22.19 	(c) If the crime committed is a misdemeanor, the person is guilty of a gross 
22.20 	misdemeanor. 
22.21 		Subd. 3. Exception.  This section does not apply to any crime if proof of the 
22.22 	victim's, property owner's, or another's actual or perceived race, religion, color, disability, 
22.23 	sexual orientation, disability as defined in section 363A.03, age, or national origin is 
22.24 	required for a conviction for that crime. 

22.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
22.26 	committed on or after that date. 

22.27 	Sec. 15. Minnesota Statutes 2004, section 609.2231, subdivision 4, is amended to read:
22.28 		Subd. 4.Assaults motivated by bias. (a) Whoever assaults another because of the 
22.29 	victim's or another's actual or perceived race, color, religion, sex, sexual orientation, 
22.30 	disability as defined in section  363A.03, age, or national origin may be sentenced to 
22.31 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
22.32 	or both. 
23.1 	(b) Whoever violates the provisions of paragraph (a) within five years of a previous 
23.2 	conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment 
23.3 	for not more than one year and a day ortwo years and to payment of a fine of not more 
23.4 	than $3,000, or both $10,000.

23.5 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
23.6 	committed on or after that date.

23.7 	Sec. 16. Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
23.8 		Subd. 6.Public employees with mandated duties. A person is guilty of a gross 
23.9 	misdemeanor who:
23.10 	(1) assaults an agricultural inspector, occupational safety and health investigator, 
23.11 	child protection worker, public health nurse, animal control officer, or probation or parole 
23.12 	officer while the employee is engaged in the performance of a duty mandated by law, 
23.13 	court order, or ordinance;
23.14 	(2) knows that the victim is a public employee engaged in the performance of the 
23.15 	official public duties of the office; and
23.16 	(3) inflicts demonstrable bodily harm.

23.17 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
23.18 	committed on or after that date.

23.19 	Sec. 17. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
23.20 		Subd. 4.Felony. Whoever violates the provisions of this section or section  
23.21 	609.224, subdivision 1, against the same victim during the time period between the first 
23.22 	of any combination of two or more previous qualified domestic violence-related offense 
23.23 	convictions or adjudications of delinquency and the end of the five years following 
23.24 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
23.25 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
23.26 	than $10,000, or both. 

23.27 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
23.28 	committed on or after that date.

23.29 	Sec. 18. Minnesota Statutes 2004, section 609.233, subdivision 1, is amended to read:
23.30 		Subdivision 1.Crime. A caregiver or operator who intentionally neglects a 
23.31 	vulnerable adult or knowingly permits conditions to exist that result in the abuse or 
23.32 	neglect of a vulnerable adult is guilty of a gross misdemeanor criminal neglect and may 
24.1 	be sentenced as provided in subdivision 3. For purposes of this section, "abuse" has the 
24.2 	meaning given in section  626.5572, subdivision 2, and "neglect" means a failure to provide 
24.3 	a vulnerable adult with necessary food, clothing, shelter, health care, or supervision. 

24.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
24.5 	committed on or after that date. 

24.6 	Sec. 19. Minnesota Statutes 2004, section 609.233, is amended by adding a subdivision 
24.7 	to read:
24.8 		Subd. 3. Penalties.  (a) Except as provided in paragraph (b), a caregiver or operator 
24.9 	who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced 
24.10 	to imprisonment for not more than one year or to payment of a fine of not more than 
24.11 	$3,000, or both. 
24.12 	(b) A caregiver, who is an individual and has responsibility for the care of a 
24.13 	vulnerable adult as a result of a family relationship, may be sentenced as follows: 
24.14 	(1) if a violation of subdivision 1 results in the death of the vulnerable adult, to 
24.15 	imprisonment for not more than ten years or to payment of a fine of not more than 
24.16 	$20,000, or both; or 
24.17 	(2) if a violation of subdivision 1 results in substantial bodily harm or the risk of 
24.18 	death, to imprisonment for not more than five years or payment of a fine of not more 
24.19 	than $10,000, or both. 

24.20 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
24.21 	committed on or after that date. 

24.22 	Sec. 20. Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
24.23 	609.282 LABOR TRAFFICKING.
24.24 		Subdivision 1. Individuals under age 18.  Whoever knowingly engages in the 
24.25 	labor trafficking of an individual who is under the age of 18 is guilty of a crime and 
24.26 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
24.27 	not more than $40,000, or both.
24.28 		Subd. 2. Other offenses.  Whoever knowingly engages in the labor trafficking of 
24.29 	another is guilty of a crime and may be sentenced to imprisonment for not more than 15 
24.30 	years or to payment of a fine of not more than $30,000, or both. 
24.31 		Subd. 3. Consent or age of victim not a defense.  In a prosecution under this 
24.32 	section the consent or age of the victim is not a defense.

25.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
25.2 	committed on or after that date. 

25.3 	Sec. 21. Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
25.4 	609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN 
25.5 	FURTHERANCE OF LABOR OR SEX TRAFFICKING.
25.6 		Subdivision 1. Crime defined.  Unless the person's conduct constitutes a violation 
25.7 	of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or 
25.8 	possesses any actual or purported passport or other immigration document, or any other 
25.9 	actual or purported government identification document, of another person:
25.10 	(1) in the course of a violation of section 609.282 or 609.322;
25.11 	(2) with intent to violate section 609.282 or 609.322; or
25.12 	(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, 
25.13 	a person's liberty to move or travel, in order to maintain the labor or services of that person, 
25.14 	when the person is or has been a victim of a violation of section 609.282 or 609.322;
25.15 	is guilty of a crime and may be sentenced as provided in subdivision 2. 
25.16 		Subd. 2. Penalties.  A person who violates subdivision 1 may be sentenced as 
25.17 	follows: 
25.18 	(1) if the crime involves a victim under the age of 18, to imprisonment for not more 
25.19 	than ten years or to payment of a fine of $20,000, or both; or 
25.20 	(2) in other cases, to imprisonment for not more than five years or to payment of 
25.21 	a fine of not more than $10,000, or both. 
25.22 		Subd. 3. Consent or age of victim not a defense.  In a prosecution under this 
25.23 	section the consent or age of the victim is not a defense.

25.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
25.25 	committed on or after that date. 

25.26 	Sec. 22. Minnesota Statutes 2004, section 609.341, is amended by adding a subdivision 
25.27 	to read:
25.28 		Subd. 23. Personal body or cosmetic services.  Personal body or cosmetic services 
25.29 	means services for hire including but not limited to massage, bodywork, acupuncture, 
25.30 	esthetician services, body piercing, or tattooing. 

25.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
25.32 	committed on or after that date.

26.1 	Sec. 23. Minnesota Statutes 2004, section 609.344, subdivision 1, is amended to read:
26.2 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
26.3 	another person is guilty of criminal sexual conduct in the third degree if any of the 
26.4 	following circumstances exists:
26.5 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
26.6 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
26.7 	act by the complainant shall be a defense;
26.8 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
26.9 	than 24 months older than the complainant. In any such case it shall be an affirmative 
26.10 	defense, which must be proved by a preponderance of the evidence, that the actor believes 
26.11 	the complainant to be 16 years of age or older. If the actor in such a case is no more than 48 
26.12 	months but more than 24 months older than the complainant, the actor may be sentenced 
26.13 	to imprisonment for not more than five years. Consent by the complainant is not a defense;
26.14 	(c) the actor uses force or coercion to accomplish the penetration;
26.15 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
26.16 	mentally incapacitated, or physically helpless;
26.17 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
26.18 	more than 48 months older than the complainant and in a position of authority over the 
26.19 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
26.20 	complainant is a defense;
26.21 	(f) the actor has a significant relationship to the complainant and the complainant 
26.22 	was at least 16 but under 18 years of age at the time of the sexual penetration. Neither 
26.23 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
26.24 	(g) the actor has a significant relationship to the complainant, the complainant was at 
26.25 	least 16 but under 18 years of age at the time of the sexual penetration, and:
26.26 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
26.27 	(ii) the complainant suffered personal injury; or
26.28 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
26.29 	time.
26.30 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
26.31 	is a defense;
26.32 	(h) the actor is a psychotherapist and the complainant is a patient of the 
26.33 	psychotherapist and the sexual penetration occurred:
26.34 	(i) during the psychotherapy session; or
26.35 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
26.36 	relationship exists.
27.1 	Consent by the complainant is not a defense;
27.2 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
27.3 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
27.4 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
27.5 	and the sexual penetration occurred by means of therapeutic deception. Consent by the 
27.6 	complainant is not a defense;
27.7 	(k) the actor accomplishes the sexual penetration by means of deception or false 
27.8 	representation that the penetration is for a bona fide medical purpose. Consent by the 
27.9 	complainant is not a defense;
27.10 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
27.11 	married to the actor, and:
27.12 	(i) the sexual penetration occurred during the course of a meeting in which the 
27.13 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
27.14 	actor in private; or
27.15 	(ii) the sexual penetration occurred during a period of time in which the complainant 
27.16 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
27.17 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
27.18 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
27.19 	city, or privately operated adult or juvenile correctional system, including, but not limited 
27.20 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
27.21 	a resident of a facility or under supervision of the correctional system. Consent by the 
27.22 	complainant is not a defense; or
27.23 	(n) the actor provides or is an agent of an entity that provides special transportation 
27.24 	service, the complainant used the special transportation service, and the sexual penetration 
27.25 	occurred during or immediately before or after the actor transported the complainant. 
27.26 	Consent by the complainant is not a defense.; or 
27.27 	(o) the actor performs or is an agent of an entity that performs personal body or 
27.28 	cosmetic services, the complainant was a user of one of those services, and nonconsensual 
27.29 	sexual penetration occurred during or immediately before or after the actor performed one 
27.30 	of those services for complainant. 

27.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
27.32 	committed on or after that date.

27.33 	Sec. 24. Minnesota Statutes 2004, section 609.345, subdivision 1, is amended to read:
28.1 		Subdivision 1.Crime defined. A person who engages in sexual contact with 
28.2 	another person is guilty of criminal sexual conduct in the fourth degree if any of the 
28.3 	following circumstances exists:
28.4 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
28.5 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
28.6 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
28.7 	required to prove that the sexual contact was coerced;
28.8 	(b) the complainant is at least 13 but less than 16 years of age and the actor is 
28.9 	more than 48 months older than the complainant or in a position of authority over the 
28.10 	complainant. Consent by the complainant to the act is not a defense. In any such case, it 
28.11 	shall be an affirmative defense which must be proved by a preponderance of the evidence 
28.12 	that the actor believes the complainant to be 16 years of age or older;
28.13 	(c) the actor uses force or coercion to accomplish the sexual contact;
28.14 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
28.15 	mentally incapacitated, or physically helpless;
28.16 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
28.17 	more than 48 months older than the complainant and in a position of authority over the 
28.18 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
28.19 	complainant is a defense;
28.20 	(f) the actor has a significant relationship to the complainant and the complainant 
28.21 	was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake 
28.22 	as to the complainant's age nor consent to the act by the complainant is a defense;
28.23 	(g) the actor has a significant relationship to the complainant, the complainant was at 
28.24 	least 16 but under 18 years of age at the time of the sexual contact, and:
28.25 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
28.26 	(ii) the complainant suffered personal injury; or
28.27 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
28.28 	time.
28.29 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
28.30 	is a defense;
28.31 	(h) the actor is a psychotherapist and the complainant is a patient of the 
28.32 	psychotherapist and the sexual contact occurred:
28.33 	(i) during the psychotherapy session; or
28.34 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
28.35 	relationship exists. Consent by the complainant is not a defense;
29.1 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
29.2 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
29.3 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
29.4 	and the sexual contact occurred by means of therapeutic deception. Consent by the 
29.5 	complainant is not a defense;
29.6 	(k) the actor accomplishes the sexual contact by means of deception or false 
29.7 	representation that the contact is for a bona fide medical purpose. Consent by the 
29.8 	complainant is not a defense;
29.9 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
29.10 	married to the actor, and:
29.11 	(i) the sexual contact occurred during the course of a meeting in which the 
29.12 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
29.13 	actor in private; or
29.14 	(ii) the sexual contact occurred during a period of time in which the complainant 
29.15 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
29.16 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
29.17 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
29.18 	city, or privately operated adult or juvenile correctional system, including, but not limited 
29.19 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
29.20 	a resident of a facility or under supervision of the correctional system. Consent by the 
29.21 	complainant is not a defense; or
29.22 	(n) the actor provides or is an agent of an entity that provides special transportation 
29.23 	service, the complainant used the special transportation service, the complainant is not 
29.24 	married to the actor, and the sexual contact occurred during or immediately before or after 
29.25 	the actor transported the complainant. Consent by the complainant is not a defense.; or 
29.26 	(o) the actor performs or is an agent of an entity that performs personal body or 
29.27 	cosmetic services, the complainant was a user of one of those services, and nonconsensual 
29.28 	sexual contact occurred during or immediately before or after the actor performed one of 
29.29 	those services for complainant.

29.30 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
29.31 	committed on or after that date.

29.32 	Sec. 25. Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding 
29.33 	a subdivision to read:
29.34 		Subd. 3a. Mandatory sentence for certain engrained offenders.  (a) A court shall 
29.35 	commit a person to the commissioner of corrections for a period of time that is not less 
30.1 	than double the presumptive sentence under the sentencing guidelines and not more than 
30.2 	the statutory maximum, or if the statutory maximum is less than double the presumptive 
30.3 	sentence, for a period of time that is equal to the statutory maximum, if:
30.4 	(1) the court is imposing an executed sentence on a person convicted of committing 
30.5 	or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or 
30.6 	609.3453; 
30.7 	(2) the factfinder determines that the offender is a danger to public safety; and 
30.8 	(3) the factfinder determines that the offender's criminal sexual behavior is so 
30.9 	engrained that the risk of reoffending is great without intensive psychotherapeutic 
30.10 	intervention or other long-term treatment or supervision extending beyond the presumptive 
30.11 	term of imprisonment and supervised release.
30.12 	(b) The factfinder shall base its determination that the offender is a danger to public 
30.13 	safety on any of the following factors:
30.14 	(1) the crime involved an aggravating factor that would justify a durational departure 
30.15 	from the presumptive sentence under the sentencing guidelines;
30.16 	(2) the offender previously committed or attempted to commit a predatory crime 
30.17 	or a violation of section 609.224 or 609.2242, including:
30.18 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
30.19 	violation of section 609.224 or 609.2242 if committed by an adult; or 
30.20 	(ii) a violation or attempted violation of a similar law of any other state or the United 
30.21 	States; or
30.22 	(3) the offender planned or prepared for the crime prior to its commission.
30.23 	(c) As used in this section, "predatory crime" has the meaning given in section 
30.24 	609.341, subdivision 22.

30.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
30.26 	committed on or after that date. 

30.27 	Sec. 26. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, 
30.28 	is amended to read:
30.29 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
30.30 	statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
30.31 	person to imprisonment for life if the person is convicted of violating section 609.342, 
30.32 	609.343, 609.344, 609.345, or 609.3453 and:
30.33 	(1) the person has two previous sex offense convictions;
30.34 	(2) the person has a previous sex offense conviction and:
31.1 	(i) the factfinder determines that the present offense involved an aggravating factor 
31.2 	that would provide grounds for an upward durational departure under the sentencing 
31.3 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
31.4 	convictions;
31.5 	(ii) the person received an upward durational departure from the sentencing 
31.6 	guidelines for the previous sex offense conviction; or
31.7 	(iii) the person was sentenced under this section or section 609.108 for the previous 
31.8 	sex offense conviction; or
31.9 	(3) the person has two prior sex offense convictions, and the factfinder determines 
31.10 	that the prior convictions and present offense involved at least three separate victims, and:
31.11 	(i) the factfinder determines that the present offense involved an aggravating factor 
31.12 	that would provide grounds for an upward durational departure under the sentencing 
31.13 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
31.14 	convictions;
31.15 	(ii) the person received an upward durational departure from the sentencing 
31.16 	guidelines for one of the prior sex offense convictions; or
31.17 	(iii) the person was sentenced under this section or section 609.108 for one of the 
31.18 	prior sex offense convictions.
31.19 	(b) Notwithstanding paragraph (a), a court may not sentence a person to 
31.20 	imprisonment for life for a violation of section 609.345, unless the person's previous or 
31.21 	prior sex offense convictions that are being used as the basis for the sentence are for 
31.22 	violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the 
31.23 	United States, this state, or any other state.

31.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
31.25 	committed on or after that date. 

31.26 	Sec. 27. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, 
31.27 	is amended to read:
31.28 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
31.29 	provisions of this subdivision relating to conditional release apply to all sex offenders 
31.30 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or 
31.31 	609.3453. Except as provided in this subdivision, conditional release of sex offenders is 
31.32 	governed by provisions relating to supervised release. The commissioner of corrections 
31.33 	may not dismiss an offender on conditional release from supervision until the offender's 
31.34 	conditional release term expires.
32.1 	(b) The conditions of release may include successful completion of treatment and 
32.2 	aftercare in a program approved by the commissioner, satisfaction of the release conditions 
32.3 	specified in section 244.05, subdivision 6, and any other conditions the commissioner 
32.4 	considers appropriate. The commissioner shall develop a plan to pay the cost of treatment 
32.5 	of a person released under this subdivision. The plan may include co-payments from 
32.6 	offenders, third-party payers, local agencies, or other funding sources as they are identified. 
32.7 	This section does not require the commissioner to accept or retain an offender in a 
32.8 	treatment program. Before the offender is placed on conditional release, the commissioner 
32.9 	shall notify the sentencing court and the prosecutor in the jurisdiction where the offender 
32.10 	was sentenced of the terms of the offender's conditional release. The commissioner also 
32.11 	shall make reasonable efforts to notify the victim of the offender's crime of the terms of 
32.12 	the offender's conditional release. If the offender fails to meet any condition of release, the 
32.13 	commissioner may revoke the offender's conditional release and order that the offender 
32.14 	serve all or a part of the remaining portion of the conditional release term in prison.

32.15 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
32.16 	committed on or after that date. 

32.17 	Sec. 28. Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision 
32.18 	to read:
32.19 		Subd. 5.Venue. Notwithstanding anything to the contrary in section 627.01, an 
32.20 	offense committed under subdivision 1 or 3 may be prosecuted in:
32.21 	(1) the county where the offense occurred; or
32.22 	(2) the county where the underlying criminal act occurred. 

32.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

32.24 	Sec. 29. Minnesota Statutes 2004, section 609.52, subdivision 3, is amended to read:
32.25 		Subd. 3.Sentence. Whoever commits theft may be sentenced as follows:
32.26 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
32.27 	than $100,000, or both, if the property is a firearm, or the value of the property or services 
32.28 	stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause 
32.29 	(3), (4), (15), or (16); or
32.30 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
32.31 	than $20,000, or both, if the value of the property or services stolen exceeds $2,500
32.32 	$5,000, or if the property stolen was an article representing a trade secret, an explosive or 
33.1 	incendiary device, or a controlled substance listed in schedule I or II pursuant to section  
33.2 	152.02 with the exception of marijuana; or 
33.3 	(3) to imprisonment for not more than five years or to payment of a fine of not 
33.4 	more than $10,000, or both, if:
33.5 	(a) the value of the property or services stolen is more than $500 $1,000 but not 
33.6 	more than $2,500 $5,000; or
33.7 	(b) the property stolen was a controlled substance listed in schedule III, IV, or V 
33.8 	pursuant to section  152.02; or 
33.9 	(c) the value of the property or services stolen is more than $250 $500 but not more 
33.10 	than $500 $1,000 and the person has been convicted within the preceding five years for an 
33.11 	offense under this section, section  256.98;  268.182;  609.24;  609.245;  609.53;  609.582, 
33.12 	subdivision 1, 2, or 3;  609.625;  609.63;  609.631; or  609.821, or a statute from another 
33.13 	state, the United States, or a foreign jurisdiction, in conformity with any of those sections, 
33.14 	and the person received a felony or gross misdemeanor sentence for the offense, or a 
33.15 	sentence that was stayed under section  609.135 if the offense to which a plea was entered 
33.16 	would allow imposition of a felony or gross misdemeanor sentence; or 
33.17 	(d) the value of the property or services stolen is not more than $500 $1,000, and 
33.18 	any of the following circumstances exist:
33.19 	(i) the property is taken from the person of another or from a corpse, or grave or 
33.20 	coffin containing a corpse; or
33.21 	(ii) the property is a record of a court or officer, or a writing, instrument or record 
33.22 	kept, filed or deposited according to law with or in the keeping of any public officer or 
33.23 	office; or
33.24 	(iii) the property is taken from a burning, abandoned, or vacant building or upon its 
33.25 	removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, 
33.26 	or the proximity of battle; or
33.27 	(iv) the property consists of public funds belonging to the state or to any political 
33.28 	subdivision or agency thereof; or
33.29 	(v) the property stolen is a motor vehicle; or
33.30 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
33.31 	than $3,000, or both, if the value of the property or services stolen is more than $250 $500
33.32 	but not more than $500 $1,000; or
33.33 	(5) in all other cases where the value of the property or services stolen is $250
33.34 	$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not 
33.35 	more than $1,000, or both, provided, however, in any prosecution under subdivision 2, 
33.36 	clauses (1), (2), (3), (4), and (13), the value of the money or property or services received 
34.1 	by the defendant in violation of any one or more of the above provisions within any 
34.2 	six-month period may be aggregated and the defendant charged accordingly in applying 
34.3 	the provisions of this subdivision; provided that when two or more offenses are committed 
34.4 	by the same person in two or more counties, the accused may be prosecuted in any county 
34.5 	in which one of the offenses was committed for all of the offenses aggregated under 
34.6 	this paragraph.

34.7 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
34.8 	committed on or after that date.

34.9 	Sec. 30. Minnesota Statutes 2004, section 609.535, subdivision 2a, is amended to read:
34.10 		Subd. 2a.Penalties. (a) A person who is convicted of issuing a dishonored check 
34.11 	under subdivision 2 may be sentenced as follows:
34.12 	(1) to imprisonment for not more than five years or to payment of a fine of not more 
34.13 	than $10,000, or both, if the value of the dishonored check, or checks aggregated under 
34.14 	paragraph (b), is more than $500 $1,000;
34.15 	(2) to imprisonment for not more than one year or to payment of a fine of not more 
34.16 	than $3,000, or both, if the value of the dishonored check, or checks aggregated under 
34.17 	paragraph (b), is more than $250 $500 but not more than $500 $1,000; or
34.18 	(3) to imprisonment for not more than 90 days or to payment of a fine of not more 
34.19 	than $1,000, or both, if the value of the dishonored check, or checks aggregated under 
34.20 	paragraph (b), is not more than $250 $500.
34.21 	(b) In a prosecution under this subdivision, the value of dishonored checks issued 
34.22 	by the defendant in violation of this subdivision within any six-month period may be 
34.23 	aggregated and the defendant charged accordingly in applying this section. When two or 
34.24 	more offenses are committed by the same person in two or more counties, the accused 
34.25 	may be prosecuted in any county in which one of the dishonored checks was issued for all 
34.26 	of the offenses aggregated under this paragraph.

34.27 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
34.28 	committed on or after that date.

34.29 	Sec. 31. Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:
34.30 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
34.31 	intentionally causes damage to physical property of another without the latter's consent 
34.32 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
34.33 	not more than $10,000, or both, if:
35.1 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
35.2 	harm; or
35.3 	(2) the property damaged belongs to a common carrier and the damage impairs the 
35.4 	service to the public rendered by the carrier; or
35.5 	(3) the damage reduces the value of the property by more than $500 $1,000 measured 
35.6 	by the cost of repair and replacement; or
35.7 	(4) the damage reduces the value of the property by more than $250 $500 measured 
35.8 	by the cost of repair and replacement and the defendant has been convicted within the 
35.9 	preceding three years of an offense under this subdivision or subdivision 2.
35.10 	In any prosecution under clause (3), the value of any property damaged by the 
35.11 	defendant in violation of that clause within any six-month period may be aggregated and 
35.12 	the defendant charged accordingly in applying the provisions of this section; provided that 
35.13 	when two or more offenses are committed by the same person in two or more counties, the 
35.14 	accused may be prosecuted in any county in which one of the offenses was committed for 
35.15 	all of the offenses aggregated under this paragraph.

35.16 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
35.17 	committed on or after that date.

35.18 	Sec. 32. Minnesota Statutes 2004, section 609.595, subdivision 1a, is amended to read:
35.19 		Subd. 1a.Criminal damage to property in the second degree. (a) Whoever 
35.20 	intentionally causes damage described in subdivision 2, paragraph (a), because of the 
35.21 	property owner's or another's actual or perceived race, color, religion, sex, sexual 
35.22 	orientation, disability as defined in section  363A.03, age, or national origin is guilty of a 
35.23 	felony and may be sentenced to imprisonment for not more than one year and a day  two 
35.24 	yearsor to payment of a fine of not more than $3,000 $5,000, or both. 
35.25 	(b) In any prosecution under paragraph (a), the value of property damaged by the 
35.26 	defendant in violation of that paragraph within any six-month period may be aggregated 
35.27 	and the defendant charged accordingly in applying this section. When two or more 
35.28 	offenses are committed by the same person in two or more counties, the accused may 
35.29 	be prosecuted in any county in which one of the offenses was committed for all of the 
35.30 	offenses aggregated under this paragraph.

35.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
35.32 	committed on or after that date. 

35.33 	Sec. 33. Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:
36.1 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
36.2 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
36.3 	person's physical property without the other person's consent may be sentenced to 
36.4 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
36.5 	or both, if the damage reduces the value of the property by more than $250 $500 but not 
36.6 	more than $500 $1,000 as measured by the cost of repair and replacement.
36.7 	(b) Whoever intentionally causes damage to another person's physical property 
36.8 	without the other person's consent because of the property owner's or another's actual 
36.9 	or perceived race, color, religion, sex, sexual orientation, disability as defined in section  
36.10 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
36.11 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
36.12 	value of the property by not more than $250 $500. 
36.13 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
36.14 	defendant in violation of that paragraph within any six-month period may be aggregated 
36.15 	and the defendant charged accordingly in applying this section. When two or more 
36.16 	offenses are committed by the same person in two or more counties, the accused may 
36.17 	be prosecuted in any county in which one of the offenses was committed for all of the 
36.18 	offenses aggregated under this paragraph.

36.19 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
36.20 	committed on or after that date.

36.21 	Sec. 34. [609.632] COUNTERFEITING OF CURRENCY.
36.22 		Subdivision 1.Manufacturing; printing.  Whoever, with the intent to defraud, 
36.23 	falsely makes, alters, prints, scans, images, or copies any United States postal money 
36.24 	order, United States currency, Federal Reserve note, or other obligation or security of the 
36.25 	United States so that it purports to be genuine or has different terms or provisions than that 
36.26 	of the United States Postal Service or United States Treasury is guilty of counterfeiting 
36.27 	and may be sentenced as provided in subdivision 4. 
36.28 		Subd. 2.Means for false reproduction.  Whoever, with intent to defraud, makes, 
36.29 	engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, 
36.30 	paper, cloth, fabric, ink, or other material for the false reproduction of any United States 
36.31 	postal money order, United States currency, Federal Reserve note, or other obligation or 
36.32 	security of the United States is guilty of counterfeiting and may be sentenced as provided 
36.33 	in subdivision 4. 
36.34 		Subd. 3.Uttering or possessing.  Whoever, with intent to defraud, utters or 
36.35 	possesses with intent to utter any counterfeit United States postal money order, United 
37.1 	States currency, Federal Reserve note, or other obligation or security of the United States, 
37.2 	having reason to know that the money order, currency, note, or obligation or security is 
37.3 	forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited 
37.4 	currency and may be sentenced as provided in subdivision 4. 
37.5 		Subd. 4.Penalty.  (a) A person who is convicted of violating subdivision 1 or 2 
37.6 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
37.7 	not more than $100,000, or both. 
37.8 	(b) A person who is convicted of violating subdivision 3 may be sentenced as 
37.9 	follows: 
37.10 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
37.11 	than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
37.12 	property or services having a value of more than $35,000, or the aggregate face value of 
37.13 	the counterfeited item is more than $35,000; 
37.14 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
37.15 	than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
37.16 	property or services having a value of more than $2,500, or the aggregate face value of the 
37.17 	counterfeited item is more than $2,500; 
37.18 	(3) to imprisonment for not more than five years or to payment of a fine of not 
37.19 	more than $10,000, or both, if: 
37.20 	(i) the counterfeited item is used to obtain or in an attempt to obtain property or 
37.21 	services having a value of more than $250, or the aggregate face value of the counterfeited 
37.22 	item is more than $250; or 
37.23 	(ii) the counterfeited item is used to obtain or in an attempt to obtain property 
37.24 	or services having a value of no more than $250, or the aggregate face value of the 
37.25 	counterfeited item is no more than $250, and the person has been convicted within the 
37.26 	preceding five years for an offense under this section, section 609.24; 609.245; 609.52; 
37.27 	609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from 
37.28 	another state or the United States in conformity with any of those sections, and the person 
37.29 	received a felony or gross misdemeanor sentence for the offense, or a sentence that was 
37.30 	stayed under section 609.135 if the offense to which a plea was entered would allow the 
37.31 	imposition of a felony or gross misdemeanor sentence; or 
37.32 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
37.33 	than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
37.34 	property or services having a value of no more than $250, or the aggregate face value of 
37.35 	the counterfeited item is no more than $250. 
38.1 		Subd. 5.Aggregation; venue.  In any prosecution under this section, the value of the 
38.2 	counterfeited United States postal money orders, United States currency, Federal Reserve 
38.3 	notes, or other obligations or securities of the United States, offered by the defendant in 
38.4 	violation of this section within any six-month period may be aggregated and the defendant 
38.5 	charged accordingly in applying the provisions of this section. When two or more offenses 
38.6 	are committed by the same person in two or more counties, the accused may be prosecuted 
38.7 	in any county in which one of the counterfeited items was forged, offered, or possessed, 
38.8 	for all of the offenses aggregated under this subdivision. 

38.9 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
38.10 	committed on or after that date.

38.11 	Sec. 35. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 
38.12 	to read:
38.13 		Subd. 7.Conditional release term. Notwithstanding the statutory maximum 
38.14 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
38.15 	when a court commits a person to the custody of the commissioner of corrections for 
38.16 	violating this section, the court shall provide that after the person has completed the 
38.17 	sentence imposed, the commissioner shall place the person on conditional release for five 
38.18 	years. If the person has previously been convicted of a violation of this section, section 
38.19 	609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar 
38.20 	statute of the United States, this state, or any state, the commissioner shall place the 
38.21 	person on conditional release for ten years. The terms of conditional release are governed 
38.22 	by section 609.3455, subdivision 8.

38.23 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
38.24 	committed on or after that date. 

38.25 	Sec. 36. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 
38.26 	to read:
38.27 		Subd. 9.Conditional release term. Notwithstanding the statutory maximum 
38.28 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
38.29 	when a court commits a person to the custody of the commissioner of corrections for 
38.30 	violating this section, the court shall provide that after the person has completed the 
38.31 	sentence imposed, the commissioner shall place the person on conditional release for five 
38.32 	years. If the person has previously been convicted of a violation of this section, section 
38.33 	609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar 
39.1 	statute of the United States, this state, or any state, the commissioner shall place the 
39.2 	person on conditional release for ten years. The terms of conditional release are governed 
39.3 	by section 609.3455, subdivision 8.

39.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
39.5 	committed on or after that date. 

39.6 	Sec. 37. Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:
39.7 		Subd. 3.Definition. As used in this section, "federal law enforcement officer" 
39.8 	means an officer or employee whether employed inside or outside the state of the Federal 
39.9 	Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal 
39.10 	Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, or the 
39.11 	Immigration and Naturalization Service, the Department of Homeland Security, or the 
39.12 	United States Postal Inspection Service, or their successor agencies, who is responsible for 
39.13 	the prevention or detection of crimes or for the enforcement of the United States Code and 
39.14 	who is authorized to arrest, with or without a warrant, any individual for a violation of 
39.15 	the United States Code.

39.16 	EFFECTIVE DATE. This section is effective August 1, 2006.

39.17 	Sec. 38. Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to 
39.18 	read:
39.19 	EFFECTIVE DATE. This section is effective the day  following final enactment 
39.20 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
39.21 	sought on or  after that date.  This section expires February 1, 2007. 

39.22 	EFFECTIVE DATE. This section is effective the day following final enactment. 

39.23 	Sec. 39. Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to 
39.24 	read:
39.25 	EFFECTIVE DATE. This section is effective the day  following final enactment 
39.26 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
39.27 	sought on or  after that date.  This section expires February 1, 2007. 

39.28 	EFFECTIVE DATE. This section is effective the day following final enactment. 

39.29 	Sec. 40. Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to 
39.30 	read:
40.1 	EFFECTIVE DATE. This section is effective the day  following final enactment 
40.2 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
40.3 	sought on or  after that date.  This section expires February 1, 2007. 

40.4 	EFFECTIVE DATE. This section is effective the day following final enactment. 

40.5 	Sec. 41. Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to 
40.6 	read:
40.7 	EFFECTIVE DATE. This section is effective the day  following final enactment 
40.8 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
40.9 	sought on or  after that date.  This section expires February 1, 2007. 

40.10 	EFFECTIVE DATE. This section is effective the day following final enactment. 

40.11 	Sec. 42. SENTENCING GUIDELINES MODIFICATIONS.
 40.12 	(a) Except as provided in paragraph (b), the modifications related to sex offenses 
40.13 	proposed by the Minnesota Sentencing Guidelines Commission and described in the 
40.14 	January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on 
40.15 	August 1, 2006.
40.16 	(b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, 
40.17 	clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected 
40.18 	and do not take effect.
40.19 	(c) The commission is requested to rank violations of:
40.20 	(1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), 
40.21 	at severity level C; 
40.22 	(2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
40.23 	(3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), 
40.24 	at severity level E; and 
40.25 	(4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
40.26 	(d) If the commission decides to make the changes requested in paragraph (c), it 
40.27 	shall ensure that the changes are effective on August 1, 2006, and publish an updated 
40.28 	version of the sentencing guidelines that include the changes by that date.

40.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

40.30 	Sec. 43. COLLATERAL CONSEQUENCES COMMITTEE.
 40.31 		Subdivision 1.Establishment; duties. A collateral consequences committee 
40.32 	is established to study collateral consequences of adult convictions and juvenile 
41.1 	adjudications. The committee shall identify the uses of collateral consequences of 
41.2 	convictions and adjudications and recommend any proposed changes to the legislature on 
41.3 	collateral consequences.
41.4 		Subd. 2.Resources. The Department of Corrections shall provide technical 
41.5 	assistance to the committee on request, with the assistance of the commissioner of public 
41.6 	safety and the Sentencing Guidelines Commission.
41.7 		Subd. 3.Membership. The committee consists of:
41.8 	(1) one representative from each of the following groups:
41.9 	(i) crime victim advocates, appointed by the commissioner of public safety;
41.10 	(ii) county attorneys, appointed by the Minnesota County Attorneys Association;
41.11 	(iii) city attorneys, appointed by the League of Minnesota Cities;
41.12 	(iv) district court judges, appointed by the Judicial Council;
41.13 	(v) private criminal defense attorneys, appointed by the Minnesota Association of 
41.14 	Criminal Defense Lawyers;
41.15 	(vi) probation officers, appointed by the Minnesota Association of County Probation 
41.16 	Officers; and
41.17 	(vii) the state public defender or a designee; and
41.18 	(2) the commissioner of public safety, or a designee, who shall chair the group.
41.19 		Subd. 4.Report and recommendations. The committee shall present the 
41.20 	legislature with its report and recommendations no later than January 15, 2007. The 
41.21 	report must be presented to the chairs of the senate Crime Prevention and Public Safety 
41.22 	Committee and the house Public Safety and Finance Committee.

41.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

41.24 	Sec. 44. REVISOR'S INSTRUCTION.
 41.25 	When appropriate, the revisor of statutes shall replace statutory references to 
41.26 	Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a. 

41.27 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
41.28 	committed on or after that date.

41.29 	Sec. 45.  REPEALER.
 41.30 	Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions 
41.31 	1 and 3, and Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4, 
41.32 	6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, are repealed.

42.1 	EFFECTIVE DATE. This section is effective August 1, 2006 and applies to crimes 
42.2 	committed on or after that date.

42.3 	ARTICLE 3
42.4 	CONTROLLED SUBSTANCES, DWI, AND DRIVING PROVISIONS

42.5 	Section 1. Minnesota Statutes 2004, section 152.01, subdivision 18, is amended to read:
42.6 		Subd. 18.Drug paraphernalia.  (a) Except as otherwise provided in paragraph (b), 
42.7 	"drug paraphernalia" means all equipment, products, and materials of any kind, except 
42.8 	those items used in conjunction with permitted uses of controlled substances under this 
42.9 	chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally 
42.10 	used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, 
42.11 	inhaling, or otherwise introducing into the human body a controlled substance, (3) testing 
42.12 	the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect 
42.13 	of a controlled substance.
42.14 	(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or 
42.15 	sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

42.16 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
42.17 	committed on or after that date.

42.18 	Sec. 2. Minnesota Statutes 2004, section 152.093, is amended to read:
42.19 	152.093  MANUFACTURE OR DELIVERY SALE OF DRUG 
42.20 	PARAPHERNALIA PROHIBITED.
42.21 		Subdivision 1.Sales generally. (a) It is unlawful for any person knowingly or 
42.22 	intentionally to deliver sell drug paraphernalia or knowingly or intentionally to possess or 
42.23 	manufacture drug paraphernalia for delivery, knowing or having reason to know, that the 
42.24 	item will be used primarily to:
42.25 	(1) manufacture a controlled substance;
42.26 	(2) inject, ingest, inhale, or otherwise introduce into the human body a controlled 
42.27 	substance;
42.28 	(3) test the strength, effectiveness, or purity of a controlled substance; or 
42.29 	(4) enhance the effect of a controlled substance.
42.30 	(b) Any violation of this section subdivision is a misdemeanor.
42.31 		Subd. 2.Sales to minor. Any person 18 years of age or older who violates 
42.32 	subdivision 1 by selling drug paraphernalia to a person under 18 years of age who is at 
42.33 	least three years younger is guilty of a gross misdemeanor.

43.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
43.2 	committed on or after that date.

43.3 	Sec. 3. [152.0955] PROHIBITION ON POSSESSION OF CERTAIN ITEMS 
43.4 	ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
43.5 		Subdivision 1.Definitions. As used in this section, the following terms have the 
43.6 	meanings given:
43.7 	(1) "dugout" means a storage device, commonly referred to as a dugout, designed 
43.8 	with separate reservoirs for marijuana and a one-hit pipe;
43.9 	(2) "glass pipe" means any pipe or smoking device that has a reservoir capable of 
43.10 	holding controlled substances for ingestion;
43.11 	(3) "marijuana pipe" means any pipe or smoking device, except for a traditional 
43.12 	pipe, that is made of solid material, including ivory, onyx, glass, metal, stone, or any other 
43.13 	material, having a reservoir and a direct channel or a channel filtered by a screen, leading 
43.14 	to an open end, commonly known as a bowl; and
43.15 	(4) "one-hit pipe" means any pipe or smoking device that consists of a reservoir on 
43.16 	one end, with a direct channel or a channel filtered by a screen that leads to the opposite 
43.17 	end, designed as a linear device, and without a separately attached bowl or reservoir. 
43.18 		Subd. 2.Possession prohibited. A person who knowingly possesses a dugout, glass 
43.19 	pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.

43.20 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
43.21 	committed on or after that date.

43.22 	Sec. 4. Minnesota Statutes 2004, section 152.18, subdivision 1, is amended to read:
43.23 		Subdivision 1.Deferring prosecution for certain first time drug offenders. If any 
43.24 	person who has not previously participated in or completed a diversion program authorized 
43.25 	under section  401.065 or who has not previously been placed on probation without a 
43.26 	judgment of guilty and thereafter been discharged from probation under this section is 
43.27 	found guilty of a violation of section  152.024, subdivision 2,  152.025, subdivision 2, or  
43.28 	152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or 
43.29 	upon a plea of guilty, and the court determines that the violation does not qualify as a 
43.30 	subsequent controlled substance conviction under section  152.01, subdivision 16a, the 
43.31 	court may, without entering a judgment of guilty and with the consent of the person, either 
43.32 	(1) defer further proceedings and place the person on probation upon such reasonable 
43.33 	conditions as it may require and for a period, not to exceed the maximum sentence 
43.34 	provided for the violation. The court or (2) state orally on the record or enter a written 
44.1 	finding that states reasons why a deferral is inappropriate. If the court grants a deferral, it 
44.2 	 may give the person the opportunity to attend and participate in an appropriate program 
44.3 	of education regarding the nature and effects of alcohol and drug abuse as a stipulation 
44.4 	of probation. Upon violation of a condition of the probation, the court may enter an 
44.5 	adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, 
44.6 	dismiss the proceedings against the person and discharge the person from probation before 
44.7 	the expiration of the maximum period prescribed for the person's probation. If during the 
44.8 	period of probation the person does not violate any of the conditions of the probation, 
44.9 	then upon expiration of the period the court shall discharge the person and dismiss the 
44.10 	proceedings against that person. Discharge and dismissal under this subdivision shall be 
44.11 	without court adjudication of guilt, but a not public record of it shall be retained by the 
44.12 	Bureau of Criminal Apprehension for the purpose of use by the courts in determining the 
44.13 	merits of subsequent proceedings against the person. The not public record may also be 
44.14 	opened only upon court order for purposes of a criminal investigation, prosecution, or 
44.15 	sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the 
44.16 	bureau shall notify the requesting party of the existence of the not public record and the 
44.17 	right to seek a court order to open it pursuant to this section. The court shall forward a 
44.18 	record of any discharge and dismissal under this subdivision to the bureau which shall 
44.19 	make and maintain the not public record of it as provided under this subdivision. The 
44.20 	discharge or dismissal shall not be deemed a conviction for purposes of disqualifications 
44.21 	or disabilities imposed by law upon conviction of a crime or for any other purpose. 
44.22 	For purposes of this subdivision, "not public" has the meaning given in section  
44.23 	13.02, subdivision 8a. 

44.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

44.25 	Sec. 5. Minnesota Statutes 2004, section 169.13, is amended to read:
44.26 	169.13 RECKLESS OR, CARELESS, OR EXHIBITION DRIVING.
44.27 		Subdivision 1.Reckless driving. (a) Any person who drives any vehicle in such a 
44.28 	manner as to indicate either a willful or a wanton disregard for the safety of persons or 
44.29 	property is guilty of reckless driving and such reckless driving is a misdemeanor.
44.30 	(b) A person shall not race any vehicle upon any street or highway of this state. 
44.31 	Any person who willfully compares or contests relative speeds by operating one or more 
44.32 	vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed 
44.33 	contested or compared is in excess of the maximum speed prescribed by law.
45.1 		Subd. 2.Careless driving. Any person who operates or halts any vehicle upon any 
45.2 	street or highway carelessly or heedlessly in disregard of the rights of others, or in a 
45.3 	manner that endangers or is likely to endanger any property or any person, including the 
45.4 	driver or passengers of the vehicle, is guilty of a misdemeanor.
45.5 		Subd. 2a.Exhibition driving. A person who operates any vehicle in such a 
45.6 	manner as to start or accelerate with an unnecessary exhibition of speed is guilty of a 
45.7 	petty misdemeanor. Prima facie evidence of an unnecessary exhibition of speed is the 
45.8 	unreasonable squealing or screeching sounds emitted by the vehicle's tires or the throwing 
45.9 	of sand or gravel by the vehicle's tires, or both.
45.10 		Subd. 3.Application. (a) The provisions of this section apply, but are not limited in 
45.11 	application, to any person who drives any vehicle in the manner prohibited by this section:
45.12 	(1) upon the ice of any lake, stream, or river, including but not limited to the ice of 
45.13 	any boundary water; or
45.14 	(2) in a parking lot ordinarily used by or available to the public though not as a 
45.15 	matter of right, and a driveway connecting such a the  parking lot with a street or highway.
45.16 	(b) This section does not apply to:
45.17 	(1) an authorized emergency vehicle, when responding to an emergency call or when 
45.18 	in pursuit of an actual or suspected violator; 
45.19 	(2) the emergency operation of any vehicle when avoiding imminent danger; or
45.20 	(3) any raceway, racing facility, or other public event sanctioned by the appropriate 
45.21 	governmental authority.

45.22 	EFFECTIVE DATE. This section is effective August 1, 2006, for violations 
45.23 	committed on or after that date.

45.24 	Sec. 6. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
45.25 		Subdivision 1.Degree described. A person who violates section  169A.20 (driving 
45.26 	while impaired) is guilty of first-degree driving while impaired if the person: 
45.27 	(1) commits the violation within ten years of the first of three or more qualified 
45.28 	prior impaired driving incidents; or
45.29 	(2) has previously been convicted of a felony under this section; or
45.30 	(3) within the past ten years, has been convicted of a felony under section 609.21, 
45.31 	subdivision 1, clause (2), (3), (4), (5) or (6), or section 609.21, subdivision 3, clause (2), 
45.32 	(3), (4), (5) or (6).

45.33 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
45.34 	violations of section 169A.20 occurring on or after that date.

46.1 	Sec. 7. Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is 
46.2 	amended to read:
46.3 		Subd. 2b.Instruction permit use by person under age 18. (a) This subdivision 
46.4 	applies to persons who have applied for and received an instruction permit under 
46.5 	subdivision 2.
46.6 	(b) The permit holder may, with the permit in possession, operate a motor vehicle, 
46.7 	but must be accompanied by and be under the supervision of a certified driver education 
46.8 	instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 
46.9 	older. The supervisor must occupy the seat beside the permit holder.
46.10 	(c) The permit holder may operate a motor vehicle only when every occupant under 
46.11 	the age of 18 has a seat belt or child passenger restraint system properly fastened. A 
46.12 	person who violates this paragraph is subject to a fine of $25. A peace officer may 
46.13 	not issue a citation for a violation of this paragraph unless the officer lawfully stopped 
46.14 	or detained the driver of the motor vehicle for a moving violation as defined in section 
46.15 	171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 
46.16 	a person's driving record.
46.17 	(d) The permit holder may not operate a vehicle while communicating over, or 
46.18 	otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 
46.19 	when the vehicle is in motion. The permit holder may assert as an affirmative defense that 
46.20 	the violation was made for the sole purpose of obtaining emergency assistance to prevent 
46.21 	a crime about to be committed, or in the reasonable belief that a person's life or safety 
46.22 	was in danger. Violation of this paragraph is a petty misdemeanor subject to section 
46.23 	169.89, subdivision 2.
46.24 	(e) The permit holder must maintain a driving record free of convictions for moving 
46.25 	violations, as defined in section 171.04, subdivision 1, and free of convictions for violation 
46.26 	of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit 
46.27 	holder drives a motor vehicle in violation of the law, the commissioner shall suspend, 
46.28 	cancel, or revoke the permit in accordance with the statutory section violated.

46.29 	EFFECTIVE DATE. This section is effective June 1, 2006, and applies to 
46.30 	violations committed on and after that date.

46.31 	Sec. 8. Minnesota Statutes 2005 Supplement, section 171.055, subdivision 2, is 
46.32 	amended to read:
46.33 		Subd. 2.Use of provisional license. (a) A provisional license holder may operate a 
46.34 	motor vehicle only when every occupant under the age of 18 has a seat belt or child 
46.35 	passenger restraint system properly fastened. A person who violates this paragraph is 
47.1 	subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
47.2 	paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
47.3 	for a moving violation as defined in section 171.04. The commissioner shall not record a 
47.4 	violation of this paragraph on a person's driving record.
47.5 	(b) A provisional license holder may not operate a vehicle while communicating 
47.6 	over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
47.7 	hands free, when the vehicle is in motion. The provisional license holder may assert 
47.8 	as an affirmative defense that the violation was made for the sole purpose of obtaining 
47.9 	emergency assistance to prevent a crime about to be committed, or in the reasonable 
47.10 	belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
47.11 	misdemeanor subject to section 169.89, subdivision 2.
47.12 	(c) If the holder of a provisional license during the period of provisional licensing 
47.13 	incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
47.14 	169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
47.15 	than one conviction for a moving violation that is not crash related, the person may not be 
47.16 	issued a driver's license until 12 consecutive months have expired since the date of the 
47.17 	conviction or until the person reaches the age of 18 years, whichever occurs first.

47.18 	EFFECTIVE DATE. This section is effective June 1, 2006, and applies to 
47.19 	violations committed on and after that date. 

47.20 	Sec. 9. Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:
47.21 		Subd. 2.Chemically dependent person. "Chemically dependent person" means 
47.22 	any person (a) determined as being incapable of self-management or management of 
47.23 	personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other 
47.24 	mind-altering substances; and (b) whose recent conduct as a result of habitual and 
47.25 	excessive use of alcohol, drugs, or other mind-altering substances poses a substantial 
47.26 	likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or 
47.27 	threat to physically harm self or others, (ii) evidence of recent serious physical problems, 
47.28 	or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically 
47.29 	dependent person" also means a pregnant woman who has engaged during the pregnancy 
47.30 	in habitual or excessive use, for a nonmedical purpose, of any of the following controlled 
47.31 	substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine, 
47.32 	or amphetamine.

47.33 	EFFECTIVE DATE. This section is effective July 1, 2006.

48.1 	Sec. 10. REMEDIATION OF HARM CAUSED BY MISDEMEANOR 
48.2 	CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.
 48.3 		Subdivision 1. Remediation by commissioner.  For infractions that occurred 
48.4 	between July 1, 2005, and June 30, 2006, the commissioner of public safety shall expunge 
48.5 	from a licensee's driving record a misdemeanor conviction for violating Minnesota 
48.6 	Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055, subdivision 2, 
48.7 	paragraph (b).  The commissioner is not obligated to expunge petty misdemeanor 
48.8 	violations of the statutes referenced in this subdivision.
48.9 		Subd. 2. Remediation by courts.  (a) A court in which a person was convicted for a 
48.10 	misdemeanor violation of Minnesota Statutes, section 171.05, subdivision 2b, paragraph 
48.11 	(d), or 171.055, subdivision 2, paragraph (b), that occurred between July 1, 2005, and 
48.12 	June 30, 2006, must vacate the conviction, on its own motion, without cost to the person 
48.13 	convicted, and must immediately notify the person that the conviction has been vacated. 
48.14 	A court shall not vacate petty misdemeanor violations of the statutes referenced in this 
48.15 	subdivision.
48.16 	(b) The commissioner of finance, in consultation with the Supreme Court 
48.17 	administrator, shall develop and implement a procedure to refund defendants for any fine 
48.18 	in excess of $300 for a conviction vacated under paragraph (a), without requiring that the 
48.19 	defendant request a refund.  The procedure may require recovery of portions of the fines 
48.20 	that have been allocated by law to local governmental units.

48.21 	EFFECTIVE DATE. This section is effective July 1, 2006.

48.22 	Sec. 11.  REPEALER.
 48.23 	Minnesota Statutes 2004, section 152.094, is repealed.

48.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
48.25 	occurring on or after that date.

48.26 	ARTICLE 4
48.27 	PUBLIC SAFETY

48.28 	Section 1. [4.055] GOVERNOR'S RESIDENCE EMPLOYEES AND 
48.29 	GOVERNOR APPOINTEE BACKGROUND CHECKS.
48.30 	The governor's office may request a check of:
48.31 	(1) systems accessible through the criminal justice data communications network, 
48.32 	including, but not limited to, criminal history, predatory offender registration, warrants, 
48.33 	and driver license record information from the Department of Public Safety;
49.1 	(2) the statewide supervision system maintained by the Department of Corrections; 
49.2 	and
49.3 	(3) national criminal history information maintained by the Federal Bureau of 
49.4 	Investigation;
49.5 	on candidates for positions within the governor's residence or appointment by the 
49.6 	governor. The candidate shall provide the governor's office with a written authorization 
49.7 	to conduct the check of these systems. For a check of the national criminal history 
49.8 	information, the request must also include a set of fingerprints which shall be sent to 
49.9 	the Bureau of Criminal Apprehension. The bureau has the authority to exchange the 
49.10 	fingerprints with the FBI to facilitate the national background check. The superintendent 
49.11 	may recover fees associated with the background checks from the governor's office. 

49.12 	Sec. 2. Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision to 
49.13 	read:
49.14 		Subd. 29.Juvenile offender photographs. Notwithstanding section 260B.171, 
49.15 	chapter 609A, or other law to the contrary, photographs or electronically produced images 
49.16 	of children adjudicated delinquent under chapter 260B shall not be expunged from law 
49.17 	enforcement records or databases.

49.18 	EFFECTIVE DATE. This section is effective July 1, 2006.

49.19 	Sec. 3. [5B.02] DEFINITIONS.
49.20 	(a) For purposes of this chapter and unless the context clearly requires otherwise, the 
49.21 	definitions in this section have the meanings given them.
49.22 	(b) "Address" means a residential street address, school address, or work address 
49.23 	of an individual, as specified on the individual's application to be a program participant 
49.24 	under this chapter.
49.25 	(c) "Domestic violence" means an act as defined in section 518B.01, subdivision 
49.26 	2, paragraph (a), and includes a threat of such acts committed against an individual in a 
49.27 	domestic situation, regardless of whether these acts or threats have been reported to law 
49.28 	enforcement officers.
49.29 	(d) "Program participant" means a person certified as a program participant under 
49.30 	section 5B.03.
49.31 	(e) "Stalking" means acts criminalized under section 609.749 and includes a threat 
49.32 	of such acts committed against an individual, regardless of whether these acts or threats 
49.33 	have been reported to law enforcement officers.

50.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

50.2 	Sec. 4. [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
50.3 		Subdivision 1.Application.  An adult person, a parent or guardian acting on behalf 
50.4 	of a minor, or a guardian acting on behalf of an incapacitated person, as defined in section 
50.5 	524.5-102, may apply to the secretary of state to have an address designated by the 
50.6 	secretary of state serve as the person's address or the address of the minor or incapacitated 
50.7 	person. The secretary of state shall approve an application if it is filed in the manner and 
50.8 	on the form prescribed by the secretary of state and if it contains:
50.9 	(1) a statement under oath or affirmation by the applicant that the applicant has good 
50.10 	reason to believe (i) that the applicant, or the minor or incapacitated person on whose 
50.11 	behalf the application is made, is a victim of domestic violence, sexual assault, or stalking, 
50.12 	and (ii) that the applicant fears for his or her safety or his or her children's safety, or the 
50.13 	safety of the minor or incapacitated person on whose behalf the application is made;
50.14 	(2) a designation of the secretary of state as agent for purposes of service of process 
50.15 	and for the purpose of receipt of mail;
50.16 	(3) the address where the applicant can be contacted by the secretary of state, and 
50.17 	the phone number or numbers where the applicant can be called by the secretary of state;
50.18 	(4) the new address or addresses that the applicant requests not be disclosed for 
50.19 	the reason that disclosure will increase the risk of domestic violence, sexual assault, 
50.20 	or stalking; and 
50.21 	(5) the signature of the applicant and of any individual or representative of any 
50.22 	office designated in writing under section 5B.05 who assisted in the preparation of the 
50.23 	application, and the date on which the applicant signed the application.
50.24 		Subd. 2.Filing.  Applications must be filed with the Office of the Secretary of State.
50.25 		Subd. 3.Certification.  Upon filing a properly completed application, the secretary 
50.26 	of state shall certify the applicant as a program participant. Applicants shall be certified for 
50.27 	four years following the date of filing unless the certification is withdrawn or invalidated 
50.28 	before that date. The secretary of state shall by rule establish a renewal procedure.
50.29 		Subd. 4.False attesting. A person who falsely attests in an application that 
50.30 	disclosure of the applicant's address would endanger the applicant's safety or the safety 
50.31 	of the applicant's children or the minor or incapacitated person on whose behalf the 
50.32 	application is made, or who knowingly provides false or incorrect information upon 
50.33 	making an application, is subject to prosecution under section 609.48.

50.34 	EFFECTIVE DATE. This section is effective July 1, 2006.

51.1 	Sec. 5. [5B.04] CERTIFICATION CANCELLATION.
51.2 	(a) If the program participant obtains a legal change of identity, the participant 
51.3 	loses certification as a program participant.
51.4 	(b) The secretary of state may cancel a program participant's certification if there is 
51.5 	a change in the residential address, unless the program participant provides the secretary 
51.6 	of state with at least two days' prior notice in writing of the change of address.
51.7 	(c) The secretary of state may cancel certification of a program participant if 
51.8 	mail forwarded by the secretary to the program participant's address is returned as 
51.9 	nondeliverable.
51.10 	(d) The secretary of state shall cancel certification of a program participant who 
51.11 	applies using false information.

51.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

51.13 	Sec. 6. [5B.05] AGENCY USE OF DESIGNATED ADDRESS.
51.14 	(a) A program participant may request that state and local agencies use the address 
51.15 	designated by the secretary of state as the program participant's address. When creating 
51.16 	a new public record, state and local agencies shall accept the address designated by the 
51.17 	secretary of state as a program participant's substitute address, unless the secretary of 
51.18 	state has determined that:
51.19 	(1) the agency has a bona fide statutory or administrative requirement for the use of 
51.20 	the address which would otherwise be confidential under this chapter; and 
51.21 	(2) the address will be used only for bona fide statutory and administrative purposes.
51.22 	(b) A program participant may use the address designated by the secretary of state as 
51.23 	the program participant's work address.
51.24 	(c) The Office of the Secretary of State shall forward all first class mail to the 
51.25 	appropriate program participants.

51.26 	EFFECTIVE DATE. This section is effective July 1, 2006.

51.27 	Sec. 7. [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF 
51.28 	DESIGNATED ADDRESS BY COUNTY AUDITOR.
51.29 	A program participant who is otherwise qualified to vote may register as an ongoing 
51.30 	absentee voter. The county auditor shall transmit the absentee ballot to the program 
51.31 	participant at the mailing address provided. Neither the name nor the address of a program 
51.32 	participant may be included in any list of registered voters available to the public.

51.33 	EFFECTIVE DATE. This section is effective July 1, 2006.

52.1 	Sec. 8. [5B.07] DISCLOSURE OF RECORDS PROHIBITED; EXCEPTIONS.
52.2 	The secretary of state may not make any records in a program participant's file 
52.3 	available for inspection or copying, other than the address designated by the secretary of 
52.4 	state. Records may only be released pursuant to court order.

52.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

52.6 	Sec. 9. [5B.08] ASSISTANCE FOR PROGRAM APPLICANTS.
52.7 	The secretary of state shall designate state and local agencies and nonprofit agencies 
52.8 	that provide counseling and shelter services to victims of domestic violence, sexual 
52.9 	assault, or stalking to assist persons applying to be program participants. Any assistance 
52.10 	and counseling rendered by the Office of the Secretary of State or its designees to 
52.11 	applicants shall in no way be construed as legal advice.

52.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

52.13 	Sec. 10. [5B.09] ADOPTION OF RULES.
52.14 	The secretary of state has good cause to adopt rules pursuant to section 14.388 to 
52.15 	facilitate the administration of this chapter by state and local agencies.

52.16 	Sec. 11. Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 
52.17 	read:
52.18 		Subd. 4. Name and index service; data classification. (a) For purposes of this 
52.19 	section, "name and event index service" means the data held by the Bureau of Criminal 
52.20 	Apprehension that link data about an individual that are stored in one or more databases 
52.21 	maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, 
52.22 	and in the judiciary.
52.23 	(b) Data collected, created, or maintained by the name and event index service 
52.24 	are classified as private data, pursuant to section 13.02, subdivision 12, and become 
52.25 	confidential data, pursuant to section 13.02, subdivision 3, when the data links private 
52.26 	or public data about a specific individual to any confidential data about that individual. 
52.27 	The data in the name and event index service revert to the private data classification when 
52.28 	no confidential data about a specific individual are maintained in the databases. The 
52.29 	classification of data in the name and event index service does not change the classification 
52.30 	of the data held in the databases linked by the service.

52.31 	EFFECTIVE DATE. This section is effective July 1, 2006.

53.1 	Sec. 12. Minnesota Statutes 2004, section 181.973, is amended to read:
53.2 	181.973 EMPLOYEE PUBLIC SAFETY PEER COUNSELING AND 
53.3 	DEBRIEFING.
53.4 	A person engaged in a public safety peer counseling or a public safety peer debriefing 
53.5 	shall not, without the permission of the person being debriefed or counseled, be allowed to 
53.6 	disclose any information or opinion which the peer group member or peer counselor has 
53.7 	acquired during the debriefing process. However, this does not prohibit a peer counselor 
53.8 	from disclosing information the peer counselor reasonably believes indicates that the 
53.9 	person may be a danger to self or others, if the information is used only for the purpose of 
53.10 	eliminating the danger to the person or others. Any information or opinion disclosed in 
53.11 	violation of this paragraph is not admissible as evidence in any personnel or occupational 
53.12 	licensing matter involving the person being debriefed or counseled.
53.13 	For purposes of this paragraph, "public safety peer counseling or  debriefing" 
53.14 	means a group process oriented debriefing session, or one-to-one contact with a peer 
53.15 	counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 
53.16 	or other persons involved with public safety emergency services, that is established by 
53.17 	any agency providing public safety emergency services and is designed to help a person 
53.18 	who has suffered an occupation-related traumatic event trauma, illness, or stress begin 
53.19 	the process of healing and effectively dealing with posttraumatic stress the person's 
53.20 	problems or the use of the peer counselor for direction with referrals to better service 
53.21 	these occupation-related issues. A "peer counselor" means someone so designated by 
53.22 	that agency.

53.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

53.24 	Sec. 13. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, 
53.25 	is amended to read:
53.26 		Subd. 1b.Registration required. (a) A person shall register under this section if:
53.27 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
53.28 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
53.29 	of or adjudicated delinquent for that offense or another offense arising out of the same 
53.30 	set of circumstances:
53.31 	(i) murder under section 609.185, clause (2);
53.32 	(ii) kidnapping under section 609.25;
53.33 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 
53.34 	609.3451, subdivision 3; or 609.3453; or
54.1 	(iv) indecent exposure under section 617.23, subdivision 3;
54.2 	(2) the person was charged with or petitioned for a violation of, or attempt to 
54.3 	violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of 
54.4 	section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of 
54.5 	section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of 
54.6 	section 609.352; using a minor in a sexual performance in violation of section 617.246; 
54.7 	or possessing pornographic work involving a minor in violation of section 617.247, and 
54.8 	convicted of or adjudicated delinquent for that offense or another offense arising out 
54.9 	of the same set of circumstances;
54.10 	(3) the person was sentenced as a patterned sex offender under section 609.108; or
54.11 	(4) the person was convicted of or adjudicated delinquent for, including pursuant 
54.12 	to a court martial, violating a law of the United States, including the Uniform Code of 
54.13 	Military Justice, similar to the offenses described in clause (1), (2), or (3).
54.14 	(b) A person also shall register under this section if:
54.15 	(1) the person was convicted of or adjudicated delinquent in another state for an 
54.16 	offense that would be a violation of a law described in paragraph (a) if committed in 
54.17 	this state;
54.18 	(2) the person enters this state to reside, work, or attend school, or enters this state 
54.19 	and remains for 14 days or longer; and
54.20 	(3) ten years have not elapsed since the person was released from confinement 
54.21 	or, if the person was not confined, since the person was convicted of or adjudicated 
54.22 	delinquent for the offense that triggers registration, unless the person is subject to lifetime 
54.23 	registration. If the person is required to register for life under Minnesota law, or the 
54.24 	law of any other state in which the person has been convicted or required to register, in 
54.25 	which case the person shall register for life regardless of when the person was released 
54.26 	from confinement, convicted, or adjudicated delinquent.
54.27 	(c) A person also shall register under this section if the person was committed 
54.28 	pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 
54.29 	1992, section 526.10, or a similar law of another state or the United States, regardless of 
54.30 	whether the person was convicted of any offense.
54.31 	(d) A person also shall register under this section if:
54.32 	(1) the person was charged with or petitioned for a felony violation or attempt to 
54.33 	violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 
54.34 	state or the United States, or the person was charged with or petitioned for a violation of 
54.35 	any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 
54.36 	the United States;
55.1 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
55.2 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
55.3 	states with a guilty but mentally ill verdict; and
55.4 	(3) the person was committed pursuant to a court commitment order under section 
55.5 	253B.18 or a similar law of another state or the United States.

55.6 	EFFECTIVE DATE. This section is effective the day following enactment and 
55.7 	applies to any offender residing in Minnesota as of that date.

55.8 	Sec. 14. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4, is 
55.9 	amended to read:
55.10 		Subd. 4.Contents of registration. (a) The registration provided to the corrections 
55.11 	agent or law enforcement authority, must consist of a statement in writing signed by the 
55.12 	person, giving information required by the bureau, a fingerprint card, and photograph of 
55.13 	the person taken at the time of the person's release from incarceration or, if the person 
55.14 	was not incarcerated, at the time the person initially registered under this section. The 
55.15 	registration information also must include a written consent form signed by the person 
55.16 	allowing a treatment facility or residential housing unit or shelter to release information to 
55.17 	a law enforcement officer about the person's admission to, or residence in, a treatment 
55.18 	facility or residential housing unit or shelter. Registration information on adults and 
55.19 	juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
55.20 	(b) For persons required to register under subdivision 1b, paragraph (c), following 
55.21 	commitment pursuant to a court commitment under section 253B.185 or a similar law 
55.22 	of another state or the United States, in addition to other information required by this 
55.23 	section, the registration provided to the corrections agent or law enforcement authority 
55.24 	must include the person's offense history and documentation of treatment received during 
55.25 	the person's commitment. This documentation is limited to a statement of how far the 
55.26 	person progressed in treatment during commitment.
55.27 	(c) Within three days of receipt, the corrections agent or law enforcement authority 
55.28 	shall forward the registration information to the bureau. The bureau shall ascertain 
55.29 	whether the person has registered with the law enforcement authority in the area of the 
55.30 	person's primary address, if any, or if the person lacks a primary address, where the person 
55.31 	is staying, as required by subdivision 3a. If the person has not registered with the law 
55.32 	enforcement authority, the bureau shall send one copy to that authority.
55.33 	(d) The corrections agent or law enforcement authority may require that a person 
55.34 	required to register under this section appear before the agent or authority to be 
55.35 	photographed. The agent or authority shall forward the photograph to the bureau.
56.1 	(1) Except as provided in clause (2), the agent or authority shall require a person 
56.2 	required to register under this section who is classified as a level III offender under 
56.3 	section 244.052 to appear before the agent or authority at least every six months to be 
56.4 	photographed.
56.5 	(2) The requirements of this paragraph shall not apply during any period where the 
56.6 	person to be photographed is: (i) committed to the commissioner of corrections and 
56.7 	incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the 
56.8 	commissioner of human services and receiving treatment in a secure treatment facility.
56.9 	(e) During the period a person is required to register under this section, the following 
56.10 	provisions apply:
56.11 	(1) Except for persons registering under subdivision 3a, the bureau shall mail a 
56.12 	verification form to the person's last reported primary address. This verification form must 
56.13 	provide notice to the offender that, if the offender does not return the verification form 
56.14 	as required, information about the offender may be made available to the public through 
56.15 	electronic, computerized, or other accessible means. For persons who are registered under 
56.16 	subdivision 3a, the bureau shall mail an annual verification form to the law enforcement 
56.17 	authority where the offender most recently reported. The authority shall provide the 
56.18 	verification form to the person at the next weekly meeting and ensure that the person 
56.19 	completes and signs the form and returns it to the bureau.
56.20 	(2) The person shall mail the signed verification form back to the bureau within ten 
56.21 	days after receipt of the form, stating on the form the current and last address of the 
56.22 	person's residence and the other information required under subdivision 4a.
56.23 	(3) In addition to the requirements listed in this section, a person who is assigned 
56.24 	to risk level II or III under section 244.052, and who is no longer under correctional 
56.25 	supervision for a registration offense, or a failure to register offense, but who resides, 
56.26 	works, or attends school in Minnesota, shall have an annual in-person contact with a law 
56.27 	enforcement authority as provided in this section. If the person resides in Minnesota, the 
56.28 	annual in-person contact shall be with the law enforcement authority that has jurisdiction 
56.29 	over the person's primary address or, if the person has no address, the location where the 
56.30 	person is staying. If the person does not reside in Minnesota but works or attends school 
56.31 	in this state, the person shall have an annual in-person contact with the law enforcement 
56.32 	authority or authorities with jurisdiction over the person's school or workplace. During 
56.33 	the month of the person's birth date, the person shall report to the authority to verify the 
56.34 	accuracy of the registration information and to be photographed. Within three days of this 
56.35 	contact, the authority shall enter information as required by the bureau into the predatory 
57.1 	offender registration database and submit an updated photograph of the person to the 
57.2 	bureau's predatory offender registration unit.
57.3 	(4) If the person fails to mail the completed and signed verification form to the 
57.4 	bureau within ten days after receipt of the form, or if the person fails to report to the 
57.5 	law enforcement authority during the month of the person's birth date, the person is in 
57.6 	violation of this section.
57.7 	(5) For any person who fails to mail the completed and signed verification form to 
57.8 	the bureau within ten days after receipt of the form and who has been determined to be 
57.9 	a risk level III offender under section 244.052, the bureau shall immediately investigate 
57.10 	and notify local law enforcement authorities to investigate the person's location and to 
57.11 	ensure compliance with this section. The bureau also shall immediately give notice of the 
57.12 	person's violation of this section to the law enforcement authority having jurisdiction over 
57.13 	the person's last registered address or addresses.
57.14 	For persons required to register under subdivision 1b, paragraph (c), following 
57.15 	commitment pursuant to a court commitment under section 253B.185 or a similar law of 
57.16 	another state or the United States, the bureau shall comply with clause (1) at least four 
57.17 	times each year. For persons who, under section 244.052, are assigned to risk level III and 
57.18 	who are no longer under correctional supervision for a registration offense or a failure to 
57.19 	register offense, the bureau shall comply with clause (1) at least two times each year. For 
57.20 	all other persons required to register under this section, the bureau shall comply with clause 
57.21 	(1) each year within 30 days of the anniversary date of the person's initial registration.
57.22 	(f) When sending out a verification form, the bureau shall determine whether the 
57.23 	person to whom the verification form is being sent has signed a written consent form 
57.24 	as provided for in paragraph (a). If the person has not signed such a consent form, the 
57.25 	bureau shall send a written consent form to the person along with the verification form. 
57.26 	A person who receives this written consent form shall sign and return it to the bureau 
57.27 	at the same time as the verification form.

57.28 	Sec. 15. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4b, 
57.29 	is amended to read:
57.30 		Subd. 4b.Health care facility; notice of status. (a) For the purposes of this 
57.31 	subdivision, "health care facility" means a facility licensed by:
57.32 	(1) the commissioner of health as a hospital, boarding care home or supervised 
57.33 	living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A; or
58.1 	(2) the commissioner of human services as a residential facility under chapter 245A 
58.2 	to provide adult foster care, adult mental health treatment, chemical dependency treatment 
58.3 	to adults, or residential services to persons with developmental disabilities.
58.4 	(b) Upon admittance Prior to admission  to a health care facility, a person required to 
58.5 	register under this section shall disclose to:
58.6 	(1) the health care facility employee processing the admission the person's status 
58.7 	as a registered predatory offender under this section; and
58.8 	(2) the person's corrections agent, or if the person does not have an assigned 
58.9 	corrections agent, the law enforcement authority with whom the person is currently 
58.10 	required to register, that inpatient admission has occurred will occur.
58.11 	(c) A law enforcement authority or corrections agent who receives notice under 
58.12 	paragraph (b) or who knows that a person required to register under this section is 
58.13 	planning to be admitted and receive, or has been admitted and is receiving health care 
58.14 	at a health care facility shall notify the administrator of the facility and deliver a fact 
58.15 	sheet to the administrator containing the following information: (1) name and physical 
58.16 	description of the offender; (2) the offender's conviction history, including the dates of 
58.17 	conviction; (3) the risk level classification assigned to the offender under section 244.052, 
58.18 	if any; and (4) the profile of likely victims.
58.19 	(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health 
58.20 	care facility that receives notice under this subdivision that a predatory offender has 
58.21 	been admitted to the facility a fact sheet under paragraph (c) that includes a risk level 
58.22 	classification for the offender, and if the facility admits the offender, the facility  shall 
58.23 	notify other distribute the fact sheet to all  residents at the facility of this fact. If the facility 
58.24 	determines that notice distribution  to a resident is not appropriate given the resident's 
58.25 	medical, emotional, or mental status, the facility shall notify distribute the fact sheet to  the 
58.26 	patient's next of kin or emergency contact.

58.27 	EFFECTIVE DATE. This section is effective July 1, 2006.

58.28 	Sec. 16. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 
58.29 	amended to read:
58.30 		Subd. 6.Registration period. (a) Notwithstanding the provisions of section 
58.31 	609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 
58.32 	required to register under this section shall continue to comply with this section until ten 
58.33 	years have elapsed since the person initially registered in connection with the offense, or 
58.34 	until the probation, supervised release, or conditional release period expires, whichever 
58.35 	occurs later. For a person required to register under this section who is committed under 
59.1 	section 253B.18 or 253B.185, the ten-year registration period does not include the period 
59.2 	of commitment.
59.3 	(b) If a person required to register under this section fails to provide the person's 
59.4 	primary address as required by subdivision 3, paragraph (b), fails to comply with the 
59.5 	requirements of subdivision 3a, fails to provide information as required by subdivision 
59.6 	4a, or fails to return the verification form referenced in subdivision 4 within ten days, 
59.7 	the commissioner of public safety may require the person to continue to register for an 
59.8 	additional period of five years. This five-year period is added to the end of the offender's 
59.9 	registration period.
59.10 	(c) If a person required to register under this section is subsequently incarcerated 
59.11 	following a conviction for a new offense or following a revocation of probation, 
59.12 	supervised release, or conditional release for any offense, the person shall continue to 
59.13 	register until ten years have elapsed since the person was last released from incarceration 
59.14 	or until the person's probation, supervised release, or conditional release period expires, 
59.15 	whichever occurs later.
59.16 	(d) A person shall continue to comply with this section for the life of that person:
59.17 	(1) if the person is convicted of or adjudicated delinquent for any offense for which 
59.18 	registration is required under subdivision 1b, or any offense from another state or any 
59.19 	federal offense similar to the offenses described in subdivision 1b, and the person has a 
59.20 	prior conviction or adjudication for an offense for which registration was or would have 
59.21 	been required under subdivision 1b, or an offense from another state or a federal offense 
59.22 	similar to an offense described in subdivision 1b;
59.23 	(2) if the person is required to register based upon a conviction or delinquency 
59.24 	adjudication for an offense under section 609.185, clause (2), or a similar statute from 
59.25 	another state or the United States;
59.26 	(3) if the person is required to register based upon a conviction for an offense under 
59.27 	section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
59.28 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 
59.29 	or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 
59.30 	United States similar to the offenses described in this clause; or
59.31 	(4) if the person is required to register under subdivision 1b, paragraph (c), following 
59.32 	commitment pursuant to a court commitment under section 253B.185 or a similar law 
59.33 	of another state or the United States; or
59.34 	(5) if a person was required to register for life in any other state in which the person 
59.35 	was previously convicted or required to register.

60.1 	EFFECTIVE DATE. This section is effective the day following final enactment 
60.2 	and applies to any offender in Minnesota as of that date.

60.3 	Sec. 17. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is 
60.4 	amended to read:
60.5 		Subd. 4.Law enforcement agency; disclosure of information to public. (a) 
60.6 	The law enforcement agency in the area where the predatory offender resides, expects 
60.7 	to reside, is employed, or is regularly found, shall disclose to the public any information 
60.8 	regarding the offender contained in the report forwarded to the agency under subdivision 
60.9 	3, paragraph (f), that is relevant and necessary to protect the public and to counteract the 
60.10 	offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of 
60.11 	the information disclosed and the community to whom disclosure is made must relate to 
60.12 	the level of danger posed by the offender, to the offender's pattern of offending behavior, 
60.13 	and to the need of community members for information to enhance their individual and 
60.14 	collective safety.
60.15 	(b) The law enforcement agency shall employ the following guidelines in 
60.16 	determining the scope of disclosure made under this subdivision:
60.17 	(1) if the offender is assigned to risk level I, the agency may maintain information 
60.18 	regarding the offender within the agency and may disclose it to other law enforcement 
60.19 	agencies. Additionally, the agency may disclose the information to any victims of or 
60.20 	witnesses to the offense committed by the offender. The agency shall disclose the 
60.21 	information to victims of the offense committed by the offender who have requested 
60.22 	disclosure and to adult members of the offender's immediate household;
60.23 	(2) if the offender is assigned to risk level II, the agency also may disclose the 
60.24 	information to agencies and groups that the offender is likely to encounter for the purpose 
60.25 	of securing those institutions and protecting individuals in their care while they are on or 
60.26 	near the premises of the institution. These agencies and groups include the staff members 
60.27 	of public and private educational institutions, day care establishments, and establishments 
60.28 	and organizations that primarily serve individuals likely to be victimized by the offender. 
60.29 	The agency also may disclose the information to individuals the agency believes are likely 
60.30 	to be victimized by the offender. The agency's belief shall be based on the offender's 
60.31 	pattern of offending or victim preference as documented in the information provided by 
60.32 	the department of corrections or human services;
60.33 	(3) if the offender is assigned to risk level III, the agency shall disclose the 
60.34 	information to the persons and entities described in clauses (1) and (2) and to other 
60.35 	members of the community whom the offender is likely to encounter, unless the law 
61.1 	enforcement agency determines that public safety would be compromised by the disclosure 
61.2 	or that a more limited disclosure is necessary to protect the identity of the victim.
61.3 	Notwithstanding the assignment of a predatory offender to risk level II or III, a law 
61.4 	enforcement agency may not make the disclosures permitted or required by clause (2) or 
61.5 	(3), if: the offender is placed or resides in a residential facility. However, if an offender is 
61.6 	placed or resides in a residential facility, the offender and the head of the facility shall 
61.7 	designate the offender's likely residence upon release from the facility and the head of 
61.8 	the facility shall notify the commissioner of corrections or the commissioner of human 
61.9 	services of the offender's likely residence at least 14 days before the offender's scheduled 
61.10 	release date. The commissioner shall give this information to the law enforcement agency 
61.11 	having jurisdiction over the offender's likely residence. The head of the residential facility 
61.12 	also shall notify the commissioner of corrections or human services within 48 hours 
61.13 	after finalizing the offender's approved relocation plan to a permanent residence. Within 
61.14 	five days after receiving this notification, the appropriate commissioner shall give to 
61.15 	the appropriate law enforcement agency all relevant information the commissioner has 
61.16 	concerning the offender, including information on the risk factors in the offender's history 
61.17 	and the risk level to which the offender was assigned. After receiving this information, 
61.18 	the law enforcement agency shall make the disclosures permitted or required by clause 
61.19 	(2) or (3), as appropriate.
61.20 	(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
61.21 	(1) the organizations or community members are in a location or in close proximity 
61.22 	to a location where the offender lives or is employed, or which the offender visits or 
61.23 	is likely to visit on a regular basis, other than the location of the offender's outpatient 
61.24 	treatment program; and
61.25 	(2) the types of interaction which ordinarily occur at that location and other 
61.26 	circumstances indicate that contact with the offender is reasonably certain.
61.27 	(d) A law enforcement agency or official who discloses information under this 
61.28 	subdivision shall make a good faith effort to make the notification within 14 days of receipt 
61.29 	of a confirmed address from the Department of Corrections indicating that the offender 
61.30 	will be, or has been, released from confinement, or accepted for supervision, or has moved 
61.31 	to a new address and will reside at the address indicated. If a change occurs in the release 
61.32 	plan, this notification provision does not require an extension of the release date.
61.33 	(e) A law enforcement agency or official who discloses information under this 
61.34 	subdivision shall not disclose the identity or any identifying characteristics of the victims 
61.35 	of or witnesses to the offender's offenses.
62.1 	(f) A law enforcement agency shall continue to disclose information on an offender 
62.2 	as required by this subdivision for as long as the offender is required to register under 
62.3 	section 243.166. This requirement on a law enforcement agency to continue to disclose 
62.4 	information also applies to an offender who lacks a primary address and is registering 
62.5 	under section 243.166, subdivision 3a.
62.6 	(g) A law enforcement agency that is disclosing information on an offender assigned 
62.7 	to risk level III to the public under this subdivision shall inform the commissioner of 
62.8 	corrections what information is being disclosed and forward this information to the 
62.9 	commissioner within two days of the agency's determination. The commissioner shall 
62.10 	post this information on the Internet as required in subdivision 4b.
62.11 	(h) A city council may adopt a policy that addresses when information disclosed 
62.12 	under this subdivision must be presented in languages in addition to English. The policy 
62.13 	may address when information must be presented orally, in writing, or both in additional 
62.14 	languages by the law enforcement agency disclosing the information. The policy may 
62.15 	provide for different approaches based on the prevalence of non-English languages in 
62.16 	different neighborhoods.
62.17 	(i) An offender who is the subject of a community notification meeting held pursuant 
62.18 	to this section may not attend the meeting.
62.19 	(j) When a school, day care facility, or other entity or program that primarily 
62.20 	educates or serves children receives notice under paragraph (b), clause (3), that a level III 
62.21 	predatory offender resides or works in the surrounding community, notice to parents must 
62.22 	be made as provided in this paragraph. If the predatory offender identified in the notice is 
62.23 	participating in programs offered by the facility that require or allow the person to interact 
62.24 	with children other than the person's children, the principal or head of the entity must 
62.25 	notify parents with children at the facility of the contents of the notice received pursuant 
62.26 	to this section. The immunity provisions of subdivision 7 apply to persons disclosing 
62.27 	information under this paragraph.

62.28 	EFFECTIVE DATE. This section is effective July 1, 2006.

62.29 	Sec. 18. [297I.06] SURCHARGES ON FIRE SAFETY PREMIUMS.
62.30 		Subdivision 1.Insurance policies surcharge. (a) Except as otherwise provided 
62.31 	in subdivision 2, each insurer engaged in writing policies of homeowners insurance 
62.32 	authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire policies 
62.33 	shall collect a surcharge equal to 0.75 percent of the gross premiums and assessments, less 
62.34 	return premiums, on direct business received by the company, or by its agents for it, for 
62.35 	homeowner's insurance policies and commercial fire insurance policies in this state.
63.1 	(b) The surcharge amount collected under paragraph (a) may not be considered 
63.2 	premium for any purpose, including the computation of premium tax or agents' 
63.3 	commissions. The surcharge amount must be separately stated on either a billing or policy 
63.4 	declaration sent to an insured.
63.5 	(c) Amounts collected by the commissioner under this section must be deposited in 
63.6 	the fire safety account established pursuant to subdivision 3.
63.7 		Subd. 2.Exemptions. (a) This section does not apply to a farmers' mutual fire 
63.8 	insurance company or township mutual fire insurance company in Minnesota organized 
63.9 	under chapter 67A.
63.10 	(b) An insurer described in section 297I.05, subdivisions 3 and 4, authorized to 
63.11 	transact business in Minnesota shall elect to remit to the Department of Revenue for 
63.12 	deposit in the fire safety account either (1) the surcharge amount collected under this 
63.13 	section, or (2) a tax of one-half of one percent on the gross fire premiums and assessments, 
63.14 	less return premiums, on all direct business received by the insurer or agents of the insurer 
63.15 	in Minnesota, in cash or otherwise, during the year. 
63.16 	(c) For purposes of this subdivision, "gross fire premiums and assessments" includes 
63.17 	premiums on policies covering fire risks only on automobiles, whether written or under 
63.18 	floater form or otherwise.
63.19 		Subd. 3.Fire safety account, annual transfers, allocation. A special account, to 
63.20 	be known as the fire safety account, is created in the state treasury. The account consists of 
63.21 	the proceeds under subdivision 1. 

63.22 	EFFECTIVE DATE. This section is effective July 1, 2007, and applies to policies 
63.23 	written or renewed after that date. 

63.24 	Sec. 19. Minnesota Statutes 2004, section 297I.30, is amended by adding a subdivision 
63.25 	to read:
63.26 		Subd. 8.Fire insurance surcharge. On or before May 15, August 15, November 
63.27 	15, and February 15 of each year, every insurer required to pay the surcharge under 
63.28 	section 297I.06, subdivision 1, shall file a return with the commissioner for the preceding 
63.29 	three-month period ending March 31, June 30, September 30, and December 31, setting 
63.30 	forth any information the commissioner reasonably requires on forms prescribed by the 
63.31 	commissioner.

63.32 	EFFECTIVE DATE. This section is effective July 1, 2007, and applies to policies 
63.33 	written or renewed after that date.

64.1 	Sec. 20. [299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT 
64.2 	OPERATIONS CONFLICTS.
64.3 	(a) Notwithstanding section 299C.405, the Department of Public Safety may employ 
64.4 	a secure subscription service designed to promote and enhance officer safety during 
64.5 	tactical operations by and between federal, state, and local law enforcement agencies 
64.6 	by notifying law enforcement agencies of conflicts where multiple law enforcement 
64.7 	operations may be occurring on the same subject or vehicle or on or near the same 
64.8 	location. The notification may include warrant executions, surveillance activities, SWAT 
64.9 	activities, undercover operations, and other investigative operations.
64.10 	(b) Data created, collected, received, maintained, or disseminated by this system is 
64.11 	classified as criminal investigative data as defined in section 13.82, subdivision 7.

64.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

64.13 	Sec. 21. [299A.695] PREEMPTION OF LOCAL LAW; ILLEGAL 
64.14 	IMMIGRATION.
64.15 		Subdivision 1.Immigration status; prohibiting local governmental interference.
 64.16 	(a) Notwithstanding any other provision of state or local law, a local governmental unit 
64.17 	or official may not prohibit by law, resolution, or ordinance, or in any way restrict any 
64.18 	governmental unit, official, or employee from sending to or receiving from United States 
64.19 	immigration authorities information regarding the citizenship or immigration status, 
64.20 	lawful or unlawful, of any individual.
64.21 	(b) Notwithstanding any other provision of state or local law, no local governmental 
64.22 	unit or local official may prohibit, or in any way restrict, a federal, state, or local 
64.23 	governmental employee from doing any of the following with respect to information 
64.24 	regarding the immigration status, lawful or unlawful, of any individual:
64.25 	(1) sending immigration information to, or requesting or receiving the information 
64.26 	from, the United States Immigration and Customs Enforcement Agency;
64.27 	(2) maintaining immigration information; and
64.28 	(3) exchanging immigration information with any other federal, state, or local 
64.29 	governmental unit.
64.30 	(c) Notwithstanding any other provision of state or local law, no local governmental 
64.31 	unit or official may prohibit by law, resolution, or ordinance, or unconditionally restrict 
64.32 	a federal, state, or local governmental employee from inquiring about a person's 
64.33 	immigration status. 
64.34 	The phrase "unconditionally restrict" must not be interpreted to only apply to 
64.35 	investigations where immigration is an element of the crime. 
65.1 	(d) Nothing in this subdivision shall prohibit or limit a local governmental unit from 
65.2 	enacting, following, and enforcing an ordinance or policy intended to eliminate racial 
65.3 	profiling by the local governmental unit's employees.
65.4 		Subd. 2.Local governmental unit. For purposes of this section, "local 
65.5 	governmental unit" means a county, statutory city, home rule charter city, or town.

65.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

65.7 	Sec. 22. Minnesota Statutes 2005 Supplement, section 299A.78, is amended to read:
65.8 	299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
65.9 		Subdivision 1.Definitions. For purposes of sections 299A.78 to 299A.785
65.10 	299A.7955, the following definitions apply:
65.11 	(a) "Commissioner" means the commissioner of the Department of Public Safety.
65.12 	(b) "Nongovernmental organizations" means nonprofit, nongovernmental 
65.13 	organizations that provide legal, social, or other community services.
65.14 	(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
65.15 	(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
65.16 	(e) "Forced labor or services" has the meaning given in section 609.281, subdivision 
65.17 	4.
65.18 	(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
65.19 	(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 
65.20 	6.
65.21 	(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
65.22 	(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
65.23 	(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
65.24 	(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking 
65.25 	victim."
65.26 		Subd. 2.General duties. The commissioner of public safety, in cooperation with 
65.27 	local authorities, shall:
65.28 	(1) collect, share, and compile trafficking data among government agencies to assess 
65.29 	the nature and extent of trafficking in Minnesota.; and
65.30 	(2) analyze collected data to develop a plan to address and prevent human trafficking.
65.31 		Subd. 3.Outside services. As provided for in section 15.061, the commissioner of 
65.32 	public safety may contract with professional or technical services in connection with the 
65.33 	duties to be performed under section sections 299A.785, 299A.79, and 299A.795. The 
66.1 	commissioner may also contract with other outside organizations to assist with the duties 
66.2 	to be performed under section sections 299A.785, 299A.79, and 299A.795.

66.3 	EFFECTIVE DATE.  This section is effective July 1, 2006.

66.4 	Sec. 23. [299A.79] TRAFFICKING STUDY; ANALYSIS AND USE OF DATA. 
66.5 		Subdivision 1.Data analysis.   The commissioner shall analyze the data collected 
66.6 	in section 299A.785 to develop a plan to address current trafficking and prevent future 
66.7 	trafficking in Minnesota. The commissioner may evaluate various approaches used by 
66.8 	other state and local governments to address trafficking. The plan shall include, but not 
66.9 	be limited to:
66.10 	(1) ways to train agencies, organizations, and officials involved in law enforcement, 
66.11 	prosecution, and social services; 
66.12 	(2) ways to increase public awareness of trafficking; and 
66.13 	(3) establishing procedures to enable the state government to work with 
66.14 	nongovernmental organizations to prevent trafficking. 
66.15 		Subd. 2. Training plan.  The training plan required in subdivision 1 must include: 
66.16 	(1) methods used in identifying trafficking victims, including preliminary interview 
66.17 	techniques and appropriate interrogation methods; 
66.18 	(2) methods for prosecuting traffickers; 
66.19 	(3) methods for protecting the rights of trafficking victims, taking into account 
66.20 	the need to consider human rights and special needs of women and children trafficking 
66.21 	victims; and 
66.22 	(4) methods for promoting the safety of trafficking victims.
66.23 		Subd. 3. Public awareness initiative.  The public awareness initiative required in 
66.24 	subdivision 1 must address, at a minimum, the following subjects: 
66.25 	(1) the risks of becoming a trafficking victim; 
66.26 	(2) common recruitment techniques; use of debt bondage, blackmail, forced labor 
66.27 	and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual 
66.28 	conduct, exposure to sexually transmitted diseases, and psychological harm;
66.29 	(3) crime victims' rights; and 
66.30 	(4) reporting recruitment activities involved in trafficking. 
66.31 		Subd. 4. Report to legislature. The commissioner shall report the plan to the chairs 
66.32 	and ranking minority members of the senate and house committees and divisions having 
66.33 	jurisdiction over criminal justice policy and funding by December 15, 2006.

66.34 	EFFECTIVE DATE. This section is effective July 1, 2006.

67.1 	Sec. 24. [299A.795] TRAFFICKING VICTIM ASSISTANCE.
67.2 	The commissioner may review the existing services and facilities to meet trafficking 
67.3 	victims' needs and recommend a plan that would coordinate such services including, 
67.4 	but not limited to:
67.5 	(1) medical and mental health services; 
67.6 	(2) housing; 
67.7 	(3) education and job training; 
67.8 	(4) English as a second language; 
67.9 	(5) interpreting services; 
67.10 	(6) legal and immigration services; and 
67.11 	(7) victim compensation. 

67.12 	EFFECTIVE DATE. This section is effective July 1, 2006. 

67.13 	Sec. 25. [299A.7955] HUMAN TRAFFICKING TASK FORCE.
67.14 		Subdivision 1.Creation and duties.  By September 1, 2006, the commissioner 
67.15 	shall appoint a 22-member task force on human trafficking to advise the commissioner 
67.16 	on the commissioner's duties in sections 299A.78 to 299A.795. The task force shall 
67.17 	also serve as a liaison between the commissioner and agencies and nongovernmental 
67.18 	organizations that provide services to trafficking victims. The members shall receive 
67.19 	expense reimbursements as specified in section 15.059.
67.20 		Subd. 2. Membership.  To the extent possible, the human trafficking task force 
67.21 	consists of the following individuals, or their designees, who are knowledgeable in 
67.22 	trafficking, crime victims' rights, or violence protection:
67.23 	(1) a representative of the Minnesota Police Chiefs' Association; 	
67.24 	(2) a representative of the Bureau of Criminal Apprehension; 
67.25 	(3) a representative of the Minnesota Sheriffs' Association; 
67.26 	(4) a peace officer who works and resides in the metropolitan area, composed of 
67.27 	Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties; 
67.28 	(5) a peace officer who works and resides in the nonmetropolitan area; 
67.29 	(6) a county attorney who works in Hennepin County; 
67.30 	(7) a county attorney who works in Ramsey County; 
67.31 	(8) a representative of the attorney general; 
67.32 	(9) a representative of the Department of Public Safety's office of justice program;
67.33 	(10) a representative of the federal Homeland Security Office; 
67.34 	(11) a representative of the Department of Health and Human Services;
67.35 	(12) the chair or executive director of the Council on Asian-Pacific Minnesotans; 	  
68.1 	(13) the chair or executive director of the Minnesota Chicano Latino Affairs Council;  
68.2 	(14) a representative of the United States Attorney's Office; and
68.3 	(15) eight representatives from nongovernmental organizations which may include 
68.4 	representatives of: 
68.5 	(i) the Minnesota Coalition for Battered Women; 
68.6 	(ii) the Minnesota Coalition Against Sexual Assault; 
68.7 	(iii) a statewide or local organization that provides civil legal services to women 
68.8 	and children; 
68.9 	(iv) a statewide or local organization that provides mental health services to women 
68.10 	and children; 
68.11 	 (v) a statewide or local human rights and social justice advocacy organization;
68.12 	 (vi) a statewide or local organization that provides services to victims of torture, 
68.13 	trauma, or human trafficking;
68.14 	(vii) a statewide or local organization that serves the needs of immigrants and 
68.15 	refugee women and children from diverse ethnic communities; and 
68.16 	 (viii) a statewide or local organization that provides legal services to low income 
68.17 	immigrants.
68.18 		Subd. 3. Officers; meetings.  (a) The task force shall annually elect a chair and 
68.19 	vice-chair from among its members, and may elect other officers as necessary.  The task 
68.20 	force shall meet at least quarterly, or upon the call of its chair. The task force shall meet 
68.21 	sufficiently enough to accomplish the tasks identified in this section. 
68.22 	(b) The task force shall seek out and enlist the cooperation and assistance of 
68.23 	nongovernmental organizations and academic researchers, especially those specializing in 
68.24 	trafficking, representing diverse communities disproportionately affected by trafficking, or 
68.25 	focusing on child services and runaway services.
68.26 		Subd. 4. Expiration.  Notwithstanding section 15.059, the task force expires June 
68.27 	30, 2011, or once it has implemented and evaluated the programs and policies in sections 
68.28 	299A.78 to 299A.795 to the satisfaction of the commissioner, whichever occurs first. 

68.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

68.30 	Sec. 26. [299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN 
68.31 	REMAINS.
68.32 		Subdivision 1.Handling of death scene investigations. (a) The Department of 
68.33 	Public Safety shall provide information to local law enforcement agencies about best 
68.34 	practices for handling death scene investigations.
69.1 	(b) The Department of Public Safety shall identify any publications or training 
69.2 	opportunities that may be available to local law enforcement agencies or law enforcement 
69.3 	officers concerning the handling of death scene investigations.
69.4 		Subd. 2.Law enforcement reports. (a) After performing any death scene 
69.5 	investigation considered appropriate under the circumstances, the official with custody of 
69.6 	the human remains shall ensure that the human remains are delivered to the appropriate 
69.7 	medical examiner.
69.8 	(b) A person with custody of human remains that are not identified within 24 hours 
69.9 	of discovery shall promptly notify the Department of Public Safety of the location of 
69.10 	those remains.
69.11 	(c) A person with custody of remains who cannot determine whether or not the 
69.12 	remains found are human shall notify the Department of Public Safety of the existence of 
69.13 	possible human remains.

69.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

69.15 	Sec. 27. Minnesota Statutes 2004, section 299C.095, subdivision 2, is amended to read:
69.16 		Subd. 2.Retention. (a) Notwithstanding section 138.17, the bureau shall retain 
69.17 	juvenile history records for the time periods provided in this subdivision. Notwithstanding 
69.18 	contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must 
69.19 	be retained for the longest time period applicable to any item in the individual juvenile 
69.20 	history record. If, before data are destroyed under this subdivision, the subject of the 
69.21 	data is convicted of a felony as an adult, the individual's juvenile history record must be 
69.22 	retained for the same time period as an adult criminal history record.
69.23 	(b) Juvenile history data on a child who was arrested must be destroyed six months 
69.24 	after the arrest if the child has not been referred to a diversion program and no petition has 
69.25 	been filed against the child by that time.
69.26 	(c) Juvenile history data on a child against whom a delinquency petition was filed 
69.27 	and subsequently dismissed must be destroyed upon receiving notice from the court that 
69.28 	the petition was dismissed.
69.29 	(d) Juvenile history data on a child who was referred to a diversion program or 
69.30 	against whom a delinquency petition has been filed and continued for dismissal must be 
69.31 	destroyed when the child reaches age 21.
69.32 	(e) Juvenile history data on a child against whom a delinquency petition was filed 
69.33 	and continued without adjudication, or a child who was found to have committed a felony 
69.34 	or gross misdemeanor-level offense, must be destroyed when the child reaches age 28. If 
69.35 	the adjudication was for an offense which requires registration pursuant to section 243.166 
70.1 	or 243.167, or the offender commits a felony violation as an adult, the bureau shall retain 
70.2 	the data for as long as the data would have been retained if the offender had been an 
70.3 	adult at the time of the juvenile offense.
70.4 	(f) The bureau shall retain extended jurisdiction juvenile data on an individual 
70.5 	received under section 260B.171, subdivision 2, paragraph (c), for as long as the data 
70.6 	would have been retained if the offender had been an adult at the time of the offense.
70.7 	(g) Data retained on individuals under this subdivision are private data under section 
70.8 	13.02, except that extended jurisdiction juvenile data become public data under section 
70.9 	13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult 
70.10 	sentence has been executed under section 260B.130, subdivision 5.
70.11 	(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the 
70.12 	bureau shall destroy the data according to the schedule in this subdivision, unless the 
70.13 	person has access to the data under other law. The bureau shall include a notice of the 
70.14 	destruction schedule with all data it disseminates on juveniles.

70.15 	EFFECTIVE DATE. This section is effective July 1, 2006.

70.16 	Sec. 28. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
70.17 	amended to read:
70.18 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
70.19 	section.
70.20 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
70.21 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
70.22 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
70.23 	includes the Bureau of Criminal Apprehension.
70.24 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
70.25 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
70.26 	Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
70.27 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
70.28 	the Minnesota State Patrol.

70.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

70.30 	Sec. 29. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 
70.31 	amended to read:
70.32 		Subd. 2.Task force. The policy group shall appoint a task force to assist them 
70.33 	in their duties. The task force shall monitor, review, and report to the policy group on 
71.1 	CriMNet-related projects and provide oversight to ongoing operations as directed by the 
71.2 	policy group. The task force shall consist of the following members:
71.3 	(1) two sheriffs recommended by the Minnesota Sheriffs Association;
71.4 	(2) two police chiefs recommended by the Minnesota Chiefs of Police Association;
71.5 	(3) two county attorneys recommended by the Minnesota County Attorneys 
71.6 	Association;
71.7 	(4) two city attorneys recommended by the Minnesota League of Cities;
71.8 	(5) two public defenders appointed by the Board of Public Defense;
71.9 	(6) two district judges appointed by the Conference of Chief Judges, one of whom is 
71.10 	currently assigned to the juvenile court;
71.11 	(7) two community corrections administrators recommended by the Minnesota 
71.12 	Association of Counties, one of whom represents a community corrections act county;
71.13 	(8) two probation officers;
71.14 	(9) four public members, one of whom has been a victim of crime, and two who 
71.15 	are representatives of the private business community who have expertise in integrated 
71.16 	information systems and who for the purpose of meetings of the full task force may be 
71.17 	compensated pursuant to section 15.059;
71.18 	(10) two court administrators;
71.19 	(11) one member of the house of representatives appointed by the speaker of the 
71.20 	house;
71.21 	(12) one member of the senate appointed by the majority leader;
71.22 	(13) the attorney general or a designee;
71.23 	(14) two individuals recommended by the Minnesota League of Cities, one of 
71.24 	whom works or resides in greater Minnesota and one of whom works or resides in the 
71.25 	seven-county metropolitan area;
71.26 	(15) two individuals recommended by the Minnesota Association of Counties, one 
71.27 	of whom works or resides in greater Minnesota and one of whom works or resides in the 
71.28 	seven-county metropolitan area;
71.29 	(16) the director of the Sentencing Guidelines Commission;
71.30 	(17) one member appointed by the state chief information officer;
71.31 	(17) (18) one member appointed by the commissioner of public safety;
71.32 	(18) (19) one member appointed by the commissioner of corrections;
71.33 	(19) (20) one member appointed by the commissioner of administration; and
71.34 	(20) (21) one member appointed by the chief justice of the Supreme Court.
71.35 	In making these appointments, the appointing authority shall select members with 
71.36 	expertise in integrated data systems or best practices.
72.1 	The commissioner of public safety may appoint additional, nonvoting members to 
72.2 	the task force as necessary from time to time.

72.3 	EFFECTIVE DATE. This section is effective July 1, 2006.

72.4 	Sec. 30. Minnesota Statutes 2004, section 299E.01, subdivision 2, is amended to read:
72.5 		Subd. 2.Responsibilities. The division shall be responsible and shall utilize 
72.6 	state employees for security and public information services in the Capitol complex of
72.7 	state-owned buildings and state leased to own buildings in the Capitol area, as described 
72.8 	in section 15B.02; it shall provide such personnel as are required by the circumstances to 
72.9 	insure the orderly conduct of state business and the convenience of the public.

72.10 	EFFECTIVE DATE. This section is effective July 1, 2007.

72.11 	Sec. 31. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
72.12 		Subd. 5.Appeal policy; variance. Upon application, the state fire marshal may 
72.13 	grant variances from the minimum requirements specified in the code if there is substantial 
72.14 	compliance with the provisions of the code, the safety of the public and occupants of 
72.15 	such building will not be jeopardized, and undue hardship will result to the applicant 
72.16 	unless such variance is granted. No appeal to the state fire marshal for a variance from 
72.17 	orders issued by a local fire official from the Uniform Fire Code shall be accepted until 
72.18 	the applicant has first made application to the local governing body and the local unit has 
72.19 	acted on the application. The state fire marshal shall consider the decision any decisions 
72.20 	or recommendations  of the local governing body. Any person aggrieved by a decision 
72.21 	made by the fire marshal under this subdivision may proceed before the fire marshal as 
72.22 	with a contested case in accordance with the Administrative Procedure Act.

72.23 	EFFECTIVE DATE. This section is effective July 1, 2006. 

72.24 	Sec. 32. [299F.012] FIRE SAFETY ACCOUNT.
72.25 		Subdivision 1.Authorized programs within department. The Fire Service 
72.26 	Advisory Committee shall provide recommendations to the commissioner of public safety 
72.27 	on fire service related issues and shall consist of representatives of each of the following 
72.28 	organizations: two appointed by the president of the Minnesota State Fire Chiefs 
72.29 	Association, two appointed by the president of the Minnesota State Fire Department 
72.30 	Association, two appointed by the president of the Minnesota Professional Fire Fighters, 
72.31 	two appointed by the president of the League of Minnesota Cities, one appointed by the 
72.32 	president of the Minnesota Association of Townships, one appointed by the president 
73.1 	of the Insurance Federation of Minnesota, one appointed jointly by the presidents of 
73.2 	the Minnesota Chapter of the International Association of Arson Investigators and the 
73.3 	Fire Marshals Association of Minnesota, and the commissioner of public safety or the 
73.4 	commissioner's designee. The commissioner of public safety must ensure that at least 
73.5 	three of the members of the advisory committee work and reside in counties outside of the 
73.6 	seven-county metropolitan area. The committee shall provide funding recommendations 
73.7 	to the commissioner of public safety from the fire safety fund for the following purposes:
73.8 		Subd. 2.Fire service advisory committee. The Fire Service Advisory Committee 
73.9 	shall provide recommendations to the commissioner of public safety on fire service related 
73.10 	issues and shall consist of representatives of each of the following organizations: two 
73.11 	appointed by the president of the Minnesota State Fire Chiefs Association, two appointed 
73.12 	by the president of the Minnesota State Fire Department Association, two appointed by 
73.13 	the president of the Minnesota Professional Fire Fighters, two appointed by the president 
73.14 	of the League of Minnesota Cities, one appointed by the president of the Minnesota 
73.15 	Association of Townships, one appointed by the president of the Insurance Federation 
73.16 	of Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of the 
73.17 	International Association of Arson Investigators and the Fire Marshals Association of 
73.18 	Minnesota, and the commissioner of public safety or the commissioner's designee. The 
73.19 	commissioner of public safety must ensure that at least three of the members of the 
73.20 	advisory committee work and reside in counties outside of the seven-county metropolitan 
73.21 	area. The committee shall provide funding recommendations to the commissioner of 
73.22 	public safety from the fire safety fund for the following purposes:
73.23 	(1) for the Minnesota Board of Firefighter Training and Education;
73.24 	(2) for programs and staffing for the State Fire Marshal Division; and
73.25 	(3) for fire-related regional response team programs and any other fire service 
73.26 	programs that have the potential for statewide impact.
73.27 		 Subd. 3.Report; accounting; carryover. The commissioner of public safety shall, 
73.28 	by December 1 of each year, (1) provide an accounting of how the funds in the fire safety 
73.29 	account were spent in the preceding fiscal year and (2) report any funds not spent in a 
73.30 	fiscal year to the chairs of the committees of the house of representatives and the senate 
73.31 	having jurisdiction over public safety finance. Money in the account does not cancel but 
73.32 	remains available for expenditures for the programs identified in subdivisions 1 and 2.

73.33 	EFFECTIVE DATE. This section is effective July 1, 2007, and applies to policies 
73.34 	written or renewed after that date.

73.35 	Sec. 33. [299F.50] DEFINITIONS.
74.1 		Subdivision 1.Scope. As used in sections 299F.50 to 299F.52, the terms defined in 
74.2 	this section have the meanings given them.
74.3 		Subd. 2.Installed. "Installed" means that an approved carbon monoxide alarm is 
74.4 	hard-wired into the electrical wiring, directly plugged into an electrical outlet without a 
74.5 	switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
74.6 		Subd. 3.Single and multifamily dwelling. "Single and multifamily dwelling" 
74.7 	means any building or structure which is wholly or partly used or intended to be used 
74.8 	for living or sleeping by human occupants.
74.9 		Subd. 4.Dwelling unit. "Dwelling unit" means an area meant for living or sleeping 
74.10 	by human occupants.
74.11 		Subd. 5.Approved carbon monoxide alarm. "Approved carbon monoxide alarm" 
74.12 	means a device meant for the purpose of detecting carbon monoxide that is certified by a 
74.13 	nationally recognized testing laboratory to conform to the latest Underwriters Laboratories 
74.14 	Standards (known as UL2034 standards).
74.15 		Subd. 6.Operational. "Operational" means working and in service.

74.16 	EFFECTIVE DATE. This section is effective January 1, 2007, for all newly 
74.17 	constructed single family and multifamily dwelling units for which building permits 
74.18 	were issued on or after January 1, 2007.

74.19 	Sec. 34. [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
74.20 		Subdivision 1.Generally. Every single family dwelling and every dwelling unit in 
74.21 	a multifamily dwelling must have an approved and operational carbon monoxide alarm 
74.22 	installed  within ten feet of each room lawfully used for sleeping purposes.
74.23 		Subd. 2.Owner's duties. The owner of a multifamily dwelling unit which is 
74.24 	required to be equipped with one or more approved carbon monoxide alarms must:
74.25 	(1) provide and install one approved and operational carbon monoxide alarm within 
74.26 	ten feet of each room lawfully used for sleeping; and 
74.27 	(2) replace any required carbon monoxide alarm that has been stolen, removed, 
74.28 	found missing, or rendered inoperable during a prior occupancy of the dwelling unit 
74.29 	and which has not been replaced by the prior occupant prior to the commencement of a 
74.30 	new occupancy of a dwelling unit.
74.31 		Subd. 3.Occupant's duties. The occupant of each dwelling unit in a multifamily 
74.32 	dwelling in which an approved and operational carbon monoxide alarm has been provided 
74.33 	and installed by the owner must:
74.34 	(1) keep and maintain the device in good repair; and
75.1 	(2) replace any device that is stolen, removed, missing, or rendered inoperable 
75.2 	during the occupancy of the dwelling unit.
75.3 		Subd. 4.Battery removal prohibited. No person shall remove batteries from, or in 
75.4 	any way render inoperable, a required carbon monoxide alarm.
75.5 		Subd. 5.Exceptions; certain multifamily dwellings. (a) In lieu of requirements 
75.6 	of subdivision 1, multifamily dwellings may have approved and operational carbon 
75.7 	monoxide alarms installed between 15 and 25 feet of carbon monoxide producing central 
75.8 	fixtures and equipment provided there is a centralized alarm system or other mechanism 
75.9 	for responsible parties to hear the alarm at all times. 
75.10 	(b) An owner of a multifamily dwelling that contains minimal or no sources of 
75.11 	carbon monoxide may be exempted from the requirements of subdivision 1, provided that 
75.12 	such owner certifies to the commissioner of public safety that such multifamily dwelling 
75.13 	poses no foreseeable carbon monoxide risk to the health and safety to the  dwelling units. 

75.14 	EFFECTIVE DATE. This section is effective January 1, 2007, for all newly 
75.15 	constructed single family and multifamily dwelling units for which building permits 
75.16 	were issued on or after January 1, 2007.

75.17 	Sec. 35. [299F.52] ENFORCEMENT.
75.18 	A violation of section 299F.50 or 299F.51 subjects the owner of the single family 
75.19 	dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement 
75.20 	mechanism provided for violations of the Uniform Fire Code provided in section 
75.21 	299F.011, subdivision 6.

75.22 	EFFECTIVE DATE. This section is effective January 1, 2007, for all newly 
75.23 	constructed single family and multifamily dwelling units for which building permits 
75.24 	were issued on or after January 1, 2007.

75.25 	Sec. 36. Minnesota Statutes 2004, section 525.9214, is amended to read:
75.26 	525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND 
75.27 	NOTIFICATION.
75.28 	(a) If, at or near the time of death of a patient, there is no documentation in the 
75.29 	medical record that the patient has made or refused to make an anatomical gift, the hospital 
75.30 	administrator or a representative designated by the administrator shall discuss with the 
75.31 	patient or a relative of the patient the option to make or refuse to make an anatomical 
75.32 	gift and may request the making of an anatomical gift pursuant to section  525.9211 or  
75.33 	525.9212. The request must be made with reasonable discretion and sensitivity to the 
76.1 	circumstances of the family. A request is not required if the gift is not suitable, based 
76.2 	upon accepted medical standards, for a purpose specified in section  525.9215. An entry 
76.3 	must be made in the medical record of the patient, stating the name of the individual 
76.4 	making the request, and the name, response, and relationship to the patient of the person 
76.5 	to whom the request was made. 
76.6 	(b) The following persons shall make a reasonable search for a document of gift or 
76.7 	other information identifying the bearer as a donor or as an individual who has refused to 
76.8 	make an anatomical gift:
76.9 	(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer 
76.10 	finding an individual who the searcher believes is dead or near death;
76.11 	(2) a hospital or emergency care facility, upon the admission or presentation of an 
76.12 	individual at or near the time of death, if there is not immediately available any other 
76.13 	source of that information; and
76.14 	(3) a medical examiner or coroner upon receipt of a body.
76.15 	(c) If a document of gift or evidence of refusal to make an anatomical gift is located 
76.16 	by the search required by paragraph (b), clause (1), and the individual or body to whom 
76.17 	it relates is taken to a hospital, the hospital must be notified of the contents and the 
76.18 	document or other evidence must be sent to the hospital. If a document of gift is located 
76.19 	by the search required by paragraph (b), clause (1), and the individual or body to whom it 
76.20 	relates is taken to a morgue, the person who discovered the document of gift must notify 
76.21 	the person's dispatcher. A dispatcher notified under this section must notify the state's 
76.22 	federally designated organ procurement organization and inform the organization of the 
76.23 	deceased's name, donor status, and location.
76.24 	(d) If, at or near the time of death of a patient, a hospital knows that an anatomical 
76.25 	gift has been made pursuant to section  525.9212, paragraph (a), or a release and removal 
76.26 	of a part has been permitted pursuant to section  525.9213, or that a patient or an individual 
76.27 	identified as in transit to the hospital is a donor, the hospital shall notify the donee if one 
76.28 	is named and known to the hospital; if not, it shall notify an appropriate procurement 
76.29 	organization. The hospital shall cooperate in the implementation of the anatomical gift 
76.30 	or release and removal of a part. 
76.31 	(e) A person who fails to discharge the duties imposed by this section is not subject 
76.32 	to criminal or civil liability.

76.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

77.1 	Sec. 37. Minnesota Statutes 2004, section 611A.0315, is amended to read:
77.2 	611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; 
77.3 	HARASSMENT.
77.4 		Subdivision 1.Notice of decision not to prosecute. (a) A prosecutor shall make 
77.5 	every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 
77.6 	offense, or harassment that the prosecutor has decided to decline prosecution of the case 
77.7 	or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 
77.8 	should include, in order of priority: (1) contacting the victim or a person designated by the 
77.9 	victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 
77.10 	the notification attempt shall be made before the suspect is released from custody.
77.11 	(b) Whenever a prosecutor dismisses criminal charges against a person accused of 
77.12 	domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 
77.13 	of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 
77.14 	witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
77.15 	(c) Whenever a prosecutor notifies a victim of domestic assault or harassment under 
77.16 	this section, the prosecutor shall also inform the victim of the method and benefits of 
77.17 	seeking an order for protection under section  518B.01 or a restraining order under section  
77.18 	609.748 and that the victim may seek an order without paying a fee. 
77.19 		Subd. 2.Definitions. For the purposes of this section, the following terms have 
77.20 	the meanings given them.
77.21 	(a) "Assault" has the meaning given it in section  609.02, subdivision 10. 
77.22 	(b) "Domestic assault" means an assault committed by the actor against a family or 
77.23 	household member.
77.24 	(c) "Family or household member" has the meaning given it in section  518B.01, 
77.25 	subdivision 2.
77.26 	(d) "Harassment" means a violation of section  609.749. 
77.27 	(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 
77.28 	609.3453.

77.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

77.30 	Sec. 38. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
77.31 		Subd. 8.Suspension, revocation, or refusal to renew certification. (a) The state 
77.32 	fire marshal may suspend, revoke, or refuse to renew certification of an operator if the 
77.33 	operator has:
77.34 	(1) submitted a fraudulent application;
78.1 	(2) caused or permitted a fire or safety hazard to exist or occur during the storage, 
78.2 	transportation, handling, preparation, or use of fireworks;
78.3 	(3) conducted a display of fireworks without receipt of a permit required by the 
78.4 	state or a political subdivision;
78.5 	(4) conducted a display of fireworks with assistants who were not at least 18 years of 
78.6 	age, properly instructed, and continually supervised; or
78.7 	(5) otherwise failed to comply with any federal or state law or regulation, or the 
78.8 	guidelines, relating to fireworks.
78.9 	(b) Any person aggrieved by a decision made by the state fire marshal under this 
78.10 	subdivision may petition the state fire marshal in writing to reconsider the decision. The 
78.11 	state fire marshal shall render a decision in writing within 30 days of receipt of the 
78.12 	written request for reconsideration. Following reconsideration, the person may appeal 
78.13 	the decision to the district court.

78.14 	EFFECTIVE DATE. This section is effective July 1, 2006. 

78.15 	Sec. 39. [626.9601] DEFINITIONS.
78.16 		Subdivision 1.Scope of definitions. For purposes of sections 626.9601 to 626.9615, 
78.17 	the following terms have the meanings given them.
78.18 		Subd. 2.Bloodborne pathogens. "Bloodborne pathogens" means pathogenic 
78.19 	microorganisms that are present in human blood and can cause disease in humans.  These 
78.20 	pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus 
78.21 	(HCV), and human immunodeficiency virus (HIV).
78.22 		Subd. 3.Law enforcement agency. "Law enforcement agency" has the meaning 
78.23 	given in section 626.84, subdivision 1.
78.24 		Subd. 4.Peace officer. "Peace officer" is an individual employed as a licensed 
78.25 	peace officer under section 626.84, subdivision 1.
78.26 		Subd. 5.Source individual. "Source individual" means an individual, living 
78.27 	or dead, whose blood, tissue, or potentially infectious body fluids may be a source of 
78.28 	bloodborne pathogen exposure to a peace officer.
78.29 		Subd. 6.Significant exposure. "Significant exposure" means contact likely to 
78.30 	transmit a bloodborne pathogen, in a manner supported by the most current guidelines and 
78.31 	recommendations of the United States Public Health Service at the time an evaluation 
78.32 	takes place, that includes:
78.33 	(1) percutaneous injury, contact of mucous membrane or nonintact skin, or 
78.34 	prolonged contact of intact skin; and
79.1 	(2) contact, in a manner that may transmit a bloodborne pathogen, with blood, 
79.2 	tissue, or potentially infectious body fluids.
79.3 		Subd. 7.Facility. "Facility" means a hospital licensed under sections 144.50 to 
79.4 	144.56 or a freestanding emergency medical care facility licensed under Laws 1988, 
79.5 	chapter 467, that receives a peace officer for evaluation for significant exposure or a 
79.6 	source individual whose bodily fluids contacted a peace officer.

79.7 	EFFECTIVE DATE. This section is effective July 1, 2006.

79.8 	Sec. 40. [626.9602] CONDITIONS FOR APPLICABILITY OF PROCEDURES.
79.9 		Subdivision 1.Request for procedures. A peace officer or law enforcement agency 
79.10 	may request that a facility follow the procedures of sections 626.9601 to 626.9615 when a 
79.11 	peace officer may have experienced a significant exposure to a source individual.
79.12 		Subd. 2.Conditions. A facility shall follow the procedures outlined in sections 
79.13 	626.9601 to 626.9615 when all of the following conditions are met:
79.14 	(1) the facility determines that significant exposure has occurred, following the 
79.15 	protocol under section 626.9614;
79.16 	(2) the licensed physician for the peace officer needs the source individual's 
79.17 	bloodborne pathogen test results to begin, continue, modify, or discontinue treatment, in 
79.18 	accordance with the most current guidelines of the United States Public Health Service, 
79.19 	because of possible exposure to a bloodborne pathogen; and
79.20 	(3) the peace officer consents to provide a blood sample for testing for a bloodborne 
79.21 	pathogen.  If the peace officer consents to blood collection, but does not consent at that 
79.22 	time to bloodborne pathogen testing, the facility shall preserve the sample for at least 90 
79.23 	days.  If the peace officer elects to have the sample tested within 90 days, the testing 
79.24 	shall be done as soon as feasible.
79.25 		Subd. 3.Locating source individual. If the source individual is not received by a 
79.26 	facility but the facility is providing treatment to the peace officer, the law enforcement 
79.27 	agency shall make reasonable efforts to locate the source individual and inform the facility 
79.28 	of the source individual's identity and location.  The facility shall make a reasonable effort 
79.29 	to contact the source individual in order to follow the procedures in sections 626.9601 to 
79.30 	626.9615.  The law enforcement agency and facilities may exchange private data about 
79.31 	the source individual as necessary to fulfill their responsibilities under this subdivision, 
79.32 	notwithstanding any provision of law to the contrary.

79.33 	EFFECTIVE DATE. This section is effective July 1, 2006.

80.1 	Sec. 41. [626.9603] INFORMATION REQUIRED TO BE GIVEN TO 
80.2 	INDIVIDUALS.
80.3 		Subdivision 1.Information to source individual. (a) Before seeking any consent 
80.4 	required by the procedures under sections 626.9601 to 626.9615, a facility shall inform 
80.5 	the source individual that the source individual's bloodborne pathogen test results, without 
80.6 	the individual's name, address, or other uniquely identifying information, shall be reported 
80.7 	to the peace officer if requested, and that test results collected under sections 626.9601 to 
80.8 	626.9615 are for medical purposes as set forth in section 626.9609 and may not be used as 
80.9 	evidence in any criminal proceedings or civil proceedings, except for procedures under 
80.10 	sections 144.4171 to 144.4186.
80.11 	(b) The facility shall inform the source individual of the insurance protections in 
80.12 	section 72A.20, subdivision 29.
80.13 	(c) The facility shall inform the source individual that the individual may refuse to 
80.14 	provide a blood sample and that the source individual's refusal may result in a request for 
80.15 	a court order to require the source individual to provide a blood sample.
80.16 	(d) The facility shall inform the source individual that the facility will advise the 
80.17 	peace officer of the confidentiality requirements and penalties before disclosing any test 
80.18 	information.
80.19 		Subd. 2.Information to peace officer. (a) Before disclosing any information about 
80.20 	the source individual, the facility shall inform the peace officer of the confidentiality 
80.21 	requirements of section 626.9611 and that the peace officer may be subject to penalties for 
80.22 	unauthorized release of information about the source individual under section 626.9612.
80.23 	(b) The facility shall inform the peace officer of the insurance protections in section 
80.24 	72A.20, subdivision 29.

80.25 	EFFECTIVE DATE. This section is effective July 1, 2006.

80.26 	Sec. 42. [626.9604] DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN 
80.27 	TEST RESULTS.
80.28 	If the conditions of sections 626.9602 and 626.9603 are met, the facility shall ask the 
80.29 	source individual and the peace officer if they have ever had a positive test for a bloodborne 
80.30 	pathogen.  The facility must attempt to get existing test results under this section before 
80.31 	taking any steps to obtain a blood sample or to test for bloodborne pathogens.  The facility 
80.32 	shall disclose the source individual's bloodborne pathogen test results to the peace officer 
80.33 	without the source individual's name, address, or other uniquely identifying information.

80.34 	EFFECTIVE DATE. This section is effective July 1, 2006.

81.1 	Sec. 43. [626.9605] CONSENT PROCEDURES; GENERALLY.
81.2 	(a) For purposes of sections 626.9601 to 626.9615, whenever the facility is required 
81.3 	to seek consent, the facility shall follow its usual procedure for obtaining consent from an 
81.4 	individual or an individual's representative consistent with other law applicable to consent.
81.5 	(b) Consent from a source individual's representative for bloodborne pathogen 
81.6 	testing of an existing blood sample obtained from the source individual is not required if 
81.7 	the facility has made reasonable efforts to obtain the representative's consent and consent 
81.8 	cannot be obtained within 24 hours of a significant exposure.
81.9 	(c) If testing of the source individual's blood occurs without consent because the 
81.10 	source individual is unable to provide consent or has left the facility and cannot be located, 
81.11 	and the source individual's representative cannot be located, the facility shall provide 
81.12 	the information required in section 626.9603 to the source individual or representative 
81.13 	whenever it is possible to do so.
81.14 	(d) If a source individual dies before an opportunity to consent to blood collection 
81.15 	or testing under sections 626.9601 to 626.9615, the facility does not need consent of the 
81.16 	deceased person's representative for purposes of sections 626.9601 to 626.9615.

81.17 	EFFECTIVE DATE. This section is effective July 1, 2006.

81.18 	Sec. 44. [626.9606] TESTING OF AVAILABLE BLOOD.
81.19 		Subdivision 1.Procedures with consent. If the source individual is or was under 
81.20 	the care or custody of the facility and a sample of the source individual's blood is available 
81.21 	with the consent of the source individual, the facility shall test that blood for bloodborne 
81.22 	pathogens with the consent of the source individual, provided the conditions in sections 
81.23 	626.9602 and 626.9603 are met.
81.24 		Subd. 2.Procedures without consent. If the source individual has provided a blood 
81.25 	sample with consent but does not consent to bloodborne pathogen testing, the facility shall 
81.26 	test for bloodborne pathogens if the peace officer or law enforcement agency requests the 
81.27 	test, provided all of the following criteria are met:
81.28 	(1) the peace officer or law enforcement agency has documented exposure to blood 
81.29 	or body fluids during performance of the peace officer's duties;
81.30 	(2) the facility has determined that a significant exposure has occurred and a licensed 
81.31 	physician for the peace officer has documented in the peace officer's medical record that 
81.32 	bloodborne pathogen test results are needed for beginning, modifying, continuing, or 
81.33 	discontinuing medical treatment for the peace officer under section 626.9614, subdivision 
81.34 	2;
82.1 	(3) the peace officer provides a blood sample for testing for bloodborne pathogens 
82.2 	as soon as feasible;
82.3 	(4) the facility asks the source individual to consent to a test for bloodborne 
82.4 	pathogens and the source individual does not consent;
82.5 	(5) the facility has provided the source individual with all of the information required 
82.6 	by section 626.9603; and
82.7 	(6) the facility has informed the  peace officer of the confidentiality requirements 
82.8 	of section 626.9611 and the penalties for unauthorized release of source information 
82.9 	under section 626.9612.
82.10 		Subd. 3.Follow-up. The facility shall inform the source individual and the peace 
82.11 	officer of their own test results.  The facility shall inform the peace officer of the source 
82.12 	individual's test results without the source individual's name, address, or other uniquely 
82.13 	identifying information.

82.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

82.15 	Sec. 45. [626.9607] BLOOD SAMPLE COLLECTION FOR TESTING.
82.16 		Subdivision 1.Procedures with consent. (a) If a blood sample is not otherwise 
82.17 	available, the facility shall obtain consent from the source individual before collecting 
82.18 	a blood sample for testing for bloodborne pathogens.  The consent process shall include 
82.19 	informing the source individual that the individual may refuse to provide a blood sample 
82.20 	and that the source individual's refusal may result in a request for a court order under 
82.21 	subdivision 2 to require the source individual to provide a blood sample.
82.22 	(b) If the source individual consents to provide a blood sample, the facility shall 
82.23 	collect a blood sample and test the sample for bloodborne pathogens.
82.24 	(c) The facility shall inform the peace officer about the source individual's test 
82.25 	results without the individual's name, address, or other uniquely identifying information. 
82.26 	The facility shall inform the source individual of the test results.
82.27 	(d) If the source individual refuses to provide a blood sample for testing, the facility 
82.28 	shall inform the peace officer of the source individual's refusal.
82.29 		Subd. 2.Procedures without consent. (a) A law enforcement agency or a peace 
82.30 	officer may bring a petition for a court order to require a source individual to provide a 
82.31 	blood sample for testing for bloodborne pathogens.  The petition shall be filed in the 
82.32 	district court in the county where the source individual resides or is hospitalized or where 
82.33 	the peace officer is being treated. The petitioner is not required to serve the petition on the 
82.34 	source individual prior to the hearing.  The petition shall include one or more affidavits 
82.35 	attesting that:
83.1 	(1) the facility followed the procedures in sections  626.9601 to 626.9615 and 
83.2 	attempted to obtain bloodborne pathogen test results according to those sections;
83.3 	(2) it has been determined under section 626.9614, subdivision 2, that a significant 
83.4 	exposure has occurred to the peace officer; and
83.5 	(3) a physician with specialty training in infectious diseases, including HIV, has 
83.6 	documented that the peace officer has provided a blood sample and consented to testing 
83.7 	for bloodborne pathogens and bloodborne pathogen test results are needed for beginning, 
83.8 	continuing, modifying, or discontinuing medical treatment for the peace officer.
83.9 	(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to 
83.10 	the extent that facility staff can attest under oath to the facts in the affidavits.
83.11 	(c) The court must issue an order requiring the source individual to provide a 
83.12 	blood sample for bloodborne pathogen testing within 48 hours of receiving the order if 
83.13 	the court finds that:
83.14 	(1) there is probable cause to believe the peace officer has experienced a significant 
83.15 	exposure to the source individual;
83.16 	(2) a licensed physician for the peace officer needs the test results for beginning, 
83.17 	continuing, modifying, or discontinuing medical treatment for the peace officer; and
83.18 	(3) there is a reasonable need for the test results.  In assessing reasonable need, 
83.19 	the court shall weigh the need for the court-ordered blood collection and test results 
83.20 	against the interests of the source individual, including, but not limited to, privacy, health, 
83.21 	safety, or economic interests.  The court shall also consider whether the involuntary blood 
83.22 	collection and testing would serve the public interest.
83.23 	(d) As part of an order issued under this subdivision, the court must impose 
83.24 	appropriate safeguards against unauthorized disclosure that must specify the persons who 
83.25 	have access to the test results and the purposes for which the test results may be used.
83.26 	(e) The court shall schedule the hearing within 24 hours of receiving the petition and 
83.27 	may conduct the proceeding in camera unless the court determines that a public hearing 
83.28 	is necessary for the proper administration of justice.  The source individual need not be 
83.29 	present or have received notice of the hearing for the court to proceed.  The evidence or 
83.30 	testimony in support or opposition to a petition may be made or taken by telephone, 
83.31 	facsimile transmission, video equipment, or other electronic communication.  The court 
83.32 	shall issue its ruling within 24 hours of the conclusion of the hearing.
83.33 	(f) If the source individual did not make an appearance at the hearing, the petitioner 
83.34 	must personally serve the source individual with a copy of the ex parte order along with a 
83.35 	copy of the petition and supporting affidavits.  A notice of the right to contest the order and 
83.36 	the deadline for filing the appeal must accompany service of the order and petition.
84.1 	(g) If the source individual did not make an appearance at the hearing, the source 
84.2 	individual may petition the court for a hearing to contest the court order. The source 
84.3 	individual's appeal must be filed within 48 hours of the person receiving the ex parte 
84.4 	order.  The person may not be compelled to submit to a blood test during the pendency 
84.5 	of an appeal.  The court must hold a hearing within 24 hours from the date the appeal is 
84.6 	filed.  The court may vacate its ex parte order if the source individual proves by clear and 
84.7 	convincing evidence that the person's bodily fluids did not contact the peace officer. The 
84.8 	court must issue a ruling within 24 hours of the conclusion of the hearing.
84.9 	(h) A source individual who fails or refuses to comply with the terms and conditions 
84.10 	of an order issued under this section shall be in contempt of court and subject to 
84.11 	confinement under section 588.12 until the person has complied with the order.

84.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

84.13 	Sec. 46. [626.9608] NO DISCRIMINATION.
84.14 	A facility shall not base decisions about admission to a facility or the provision of 
84.15 	care or treatment on any requirement that the source individual consent to bloodborne 
84.16 	pathogen testing under sections 626.9601 to 626.9615.

84.17 	EFFECTIVE DATE. This section is effective July 1, 2006.

84.18 	Sec. 47. [626.9609] USE OF TEST RESULTS.
84.19 	Bloodborne pathogen test results of a source individual obtained under sections 
84.20 	626.9601 to 626.9615 are for diagnostic purposes and to determine the need for treatment 
84.21 	or medical care specific to a bloodborne pathogen-related illness of a peace officer.  The 
84.22 	test results may not be used as evidence in any criminal proceedings or civil proceedings, 
84.23 	except for procedures under sections 144.4171 to 144.4186.

84.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

84.25 	Sec. 48. [626.9611] TEST INFORMATION CONFIDENTIALITY.
84.26 		Subdivision 1.Private data. Information concerning test results obtained under 
84.27 	sections 626.9601 to 626.9615 is information protected from disclosure without consent 
84.28 	under section 144.335 with respect to private facilities and private data as defined in 
84.29 	section 13.02, subdivision 12, with respect to public facilities.
84.30 		Subd. 2.Consent to release information. No facility, individual, or employer shall 
84.31 	disclose to a peace officer the name, address, or other uniquely identifying information 
84.32 	about a source individual without a written release signed by the source individual or the 
85.1 	source individual's legally authorized representative.  The facility shall not record the 
85.2 	name, address, or other uniquely identifying information about the source individual's test 
85.3 	results in the peace officer's medical records.

85.4 	EFFECTIVE DATE. This section is effective July 1, 2006.

85.5 	Sec. 49. [626.9612] PENALTY FOR UNAUTHORIZED RELEASE OF 
85.6 	INFORMATION.
85.7 	Unauthorized release by an individual, facility, or agency of a source individual's 
85.8 	name, address, or other uniquely identifying information under sections 626.9601 to 
85.9 	626.9615 is subject to the remedies and penalties under sections 13.08 and 13.09.  This 
85.10 	section does not preclude private causes of action against an individual, state agency, 
85.11 	statewide system, political subdivision, or person responsible for releasing private data 
85.12 	or information protected from disclosure.

85.13 	EFFECTIVE DATE. This section is effective July 1, 2006.

85.14 	Sec. 50. [626.9613] RESPONSIBILITY FOR TESTING AND TREATMENT; 
85.15 	COSTS.
85.16 	(a) The facility shall ensure that tests under sections 626.9601 to 626.9615 are 
85.17 	performed if requested by the peace officer or law enforcement agency, provided the 
85.18 	conditions set forth in sections 626.9601 to 626.9615 are met.
85.19 	(b) The law enforcement agency that employs the peace officer who requests 
85.20 	testing under sections 626.9601 to 626.9615 must pay or arrange payment for the cost 
85.21 	of counseling, testing, and treatment of the peace officer and costs associated with the 
85.22 	testing of the source individual.

85.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

85.24 	Sec. 51. [626.9614] PROTOCOLS FOR EXPOSURE TO BLOODBORNE 
85.25 	PATHOGENS.
85.26 		Subdivision 1.Law enforcement agency requirements. The law enforcement 
85.27 	agency shall have procedures for a peace officer to notify a facility that the person may 
85.28 	have experienced a significant exposure from a source individual.  The law enforcement 
85.29 	agency shall also have a protocol to locate the source individual if the facility has 
85.30 	not received the source individual and the law enforcement agency knows the source 
85.31 	individual's identity.
86.1 		Subd. 2.Facility protocol requirements. Every facility shall adopt and follow a 
86.2 	postexposure protocol for peace officers who have experienced a significant exposure.  The 
86.3 	postexposure protocol must adhere to the most current recommendations of the United 
86.4 	States Public Health Service and include, at a minimum, the following:
86.5 	(1) a process for peace officers to report an exposure in a timely fashion;
86.6 	(2) a process for an infectious disease specialist, or a licensed physician who is 
86.7 	knowledgeable about the most current recommendations of the United States Public 
86.8 	Health Service in consultation with an infectious disease specialist;
86.9 	(i) to determine whether a significant exposure to one or more bloodborne pathogens 
86.10 	has occurred; and
86.11 	(ii) to provide, under the direction of a licensed physician, a recommendation 
86.12 	or recommendations for follow-up treatment appropriate to the particular bloodborne 
86.13 	pathogen or pathogens for which a significant exposure has been determined;
86.14 	(3) if there has been a significant exposure, a process to determine whether the 
86.15 	source individual has a bloodborne pathogen through disclosure of test results, or through 
86.16 	blood collection and testing as required by sections 626.9601 to 626.9615;
86.17 	(4) a process for providing appropriate counseling prior to and following testing for 
86.18 	a bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission 
86.19 	and follow-up recommendations according to the most current recommendations of the 
86.20 	United States Public Health Service, recommendations for testing, and treatment to the 
86.21 	peace officer;
86.22 	(5) a process for providing appropriate counseling under clause (4) to the peace 
86.23 	officer and  the source individual; and
86.24 	(6) compliance with applicable state and federal laws relating to data practices, 
86.25 	confidentiality, informed consent, and the patient bill of rights.

86.26 	EFFECTIVE DATE. This section is effective July 1, 2006.

86.27 	Sec. 52. [626.9615] PENALTIES AND IMMUNITY.
86.28 		Subdivision 1.Penalties. Any facility or person who willfully violates the 
86.29 	provisions of sections 626.9601 to 626.9615 is guilty of a misdemeanor.
86.30 		Subd. 2.Immunity. A facility, licensed physician, and designated health care 
86.31 	personnel are immune from liability in any civil, administrative, or criminal action relating 
86.32 	to the disclosure of test results to a peace officer or law enforcement agency and the testing 
86.33 	of a blood sample from the source individual for bloodborne pathogens if a good faith 
86.34 	effort has been made to comply with sections 626.9601 to 626.9615.

87.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

87.2 	Sec. 53. RICHFIELD DISABLED FIREFIGHTER HEALTH CARE 
87.3 	ELIGIBILITY REVIEW.
 87.4 		Subdivision 1. Authorization.  An eligible individual specified in subdivision 2 is 
87.5 	authorized to have a review of health care coverage eligibility as specified in subdivision 3. 
87.6 		Subd. 2.Eligibility. An eligible person is an individual who:
87.7 	(1) was a member of the Public Employees Retirement Association police and fire 
87.8 	plan due to employment as a firefighter with the city of Richfield;
87.9 	(2) became disabled and was granted a duty-related disability benefit from the Public 
87.10 	Employees Retirement Association police and fire plan on November 20, 2002; and
87.11 	(3) is not receiving employer-paid health care coverage under the program 
87.12 	established by Minnesota Statutes, section 299A.465, due to a determination by the city 
87.13 	of Richfield that the individual does not satisfy all eligibility requirements for inclusion 
87.14 	under that program.
87.15 		Subd. 3.Treatment. Notwithstanding that the disability benefit was granted 
87.16 	before the creation of the review panel, and notwithstanding Minnesota Statutes, section 
87.17 	299A.465, subdivision 6, which requires that applications for review by the panel 
87.18 	created under that section be submitted to the panel within 90 days of approval of a 
87.19 	disability benefit application by the applicable retirement plan, an eligible individual 
87.20 	under subdivision 2 may submit an application to the panel within 90 days of the effective 
87.21 	date of this section. The panel shall make a determination of whether the firefighter meets 
87.22 	the requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a), 
87.23 	clause (2). The panel's final determination is binding on the applicant and the employer, 
87.24 	subject to any right of judicial review.

87.25 	EFFECTIVE DATE. This section is effective the day following final enactment. 

87.26 	Sec. 54.  REPEALER.
 87.27 	Minnesota Statutes 2004, section 297I.05, subdivision 6, is repealed.

87.28 	EFFECTIVE DATE. This section is effective July 1, 2007, and applies to policies 
87.29 	written or renewed on or after that date. 

87.30 	ARTICLE 5
87.31 	CORRECTIONS

87.32 	Section 1. Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to read:
88.1 		 Subdivision 1.Unclassified positions.  Unclassified positions are held by employees 
88.2 	who are:
88.3 	 (1) chosen by election or appointed to fill an elective office;
88.4 	 (2) heads of agencies required by law to be appointed by the governor or other 
88.5 	elective officers, and the executive or administrative heads of departments, bureaus, 
88.6 	divisions, and institutions specifically established by law in the unclassified service;
88.7 	 (3) deputy and assistant agency heads and one confidential secretary in the agencies 
88.8 	listed in subdivision 1a and in the Office of Strategic and Long-Range Planning;
88.9 	 (4) the confidential secretary to each of the elective officers of this state and, for the 
88.10 	secretary of state and state auditor, an additional deputy, clerk, or employee;
88.11 	 (5) intermittent help employed by the commissioner of public safety to assist in 
88.12 	the issuance of vehicle licenses;
88.13 	 (6) employees in the offices of the governor and of the lieutenant governor and one 
88.14 	confidential employee for the governor in the Office of the Adjutant General;
88.15 	 (7) employees of the Washington, D.C., office of the state of Minnesota;
88.16 	 (8) employees of the legislature and of legislative committees or commissions; 
88.17 	provided that employees of the Legislative Audit Commission, except for the legislative 
88.18 	auditor, the deputy legislative auditors, and their confidential secretaries, shall be 
88.19 	employees in the classified service;
88.20 	 (9) presidents, vice-presidents, deans, other managers and professionals in 
88.21 	academic and academic support programs, administrative or service faculty, teachers, 
88.22 	research assistants, and student employees eligible under terms of the federal Economic 
88.23 	Opportunity Act work study program in the Perpich Center for Arts Education and the 
88.24 	Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance 
88.25 	employees, or any professional or managerial employee performing duties in connection 
88.26 	with the business administration of these institutions;
88.27 	 (10) officers and enlisted persons in the National Guard;
88.28 	 (11) attorneys, legal assistants, and three confidential employees appointed by the 
88.29 	attorney general or employed with the attorney general's authorization;
88.30 	 (12) judges and all employees of the judicial branch, referees, receivers, jurors, and 
88.31 	notaries public, except referees and adjusters employed by the Department of Labor 
88.32 	and Industry;
88.33 	 (13) members of the State Patrol; provided that selection and appointment of State 
88.34 	Patrol troopers must be made in accordance with applicable laws governing the classified 
88.35 	service;
88.36 	 (14) chaplains employed by the state;
89.1 	(15) examination monitors and intermittent training instructors employed by the 
89.2 	Departments of Employee Relations and Commerce and by professional examining boards 
89.3 	and intermittent staff employed by the technical colleges for the administration of practical 
89.4 	skills tests and for the staging of instructional demonstrations;
89.5 	 (16) (15) student workers;
89.6 	 (17) (16) executive directors or executive secretaries appointed by and reporting to 
89.7 	any policy-making board or commission established by statute;
89.8 	 (18) (17) employees unclassified pursuant to other statutory authority;
89.9 	 (19) (18) intermittent help employed by the commissioner of agriculture to perform 
89.10 	duties relating to pesticides, fertilizer, and seed regulation;
89.11 	 (20) (19) the administrators and the deputy administrators at the State Academies 
89.12 	for the Deaf and the Blind; and
89.13 	 (21) (20) chief executive officers in the Department of Human Services.

89.14 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.15 	Sec. 2. [144.0506] DRUG EDUCATION MATERIALS.
89.16 	The commissioner of health may provide materials for use by the commissioner of 
89.17 	corrections and sheriffs in educating prison and jail inmates on the health hazards of 
89.18 	drug use and manufacture.

89.19 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.20 	Sec. 3. Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read:
89.21 		Subdivision 1.Screening of inmates. (a) All persons detained or confined for 14 
89.22 	consecutive days or more in facilities operated, licensed, or inspected by the Department 
89.23 	of Corrections shall be screened for tuberculosis with either a Mantoux test or a chest 
89.24 	roentgenogram (x-ray) as consistent with screening and follow-up practices recommended 
89.25 	by the United States Public Health Service or the Department of Health, as determined by 
89.26 	the commissioner of health. Administration of the Mantoux test or chest roentgenogram 
89.27 	(x-ray) must take place on or before the 14th day of detention or confinement.
89.28 	(b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the 
89.29 	commissioner may order the inmate to be tested.

89.30 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.31 	Sec. 4. [241.75] INMATE HEALTH CARE DECISIONS; MEDICAL 
89.32 	DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.
90.1 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
90.2 	(a) "Commissioner" means the commissioner of corrections.
90.3 	(b) "Decision-making capacity" means the ability to understand the significant 
90.4 	benefits, risks, and alternatives to proposed health care and to make and communicate a 
90.5 	health care decision.
90.6 	(c) "Health care agent" or "agent" means the Department of Corrections medical 
90.7 	director who is a licensed physician employed by the commissioner of corrections to 
90.8 	provide services to inmates. 
90.9 	(d) "Health care power of attorney" means an instrument appointing one or more 
90.10 	health care agents to make health care decisions for the inmate.
90.11 	(e) "Health care" means any care, treatment, service, or procedure to maintain, 
90.12 	diagnose, or otherwise affect a person's physical or mental condition.
90.13 	(f) "Health care decision" means the consent, refusal of consent, or withdrawal 
90.14 	of consent to health care.
90.15 	(g) "Next of kin" means an inmate's spouse, parent, adult children, or adult sibling.
90.16 	(h) "Principal" means the Department of Corrections medical director.
90.17 		Subd. 2.Health care agent; decisions. (a) The commissioner shall appoint 
90.18 	the Department of Corrections medical director as the health care agent for inmates 
90.19 	incarcerated in correctional facilities in the absence of a documented health care decision 
90.20 	maker designated by the offender. If an inmate lacks decision-making capacity as 
90.21 	determined by a medical doctor, and the emergency contact person is not available or has 
90.22 	not been appointed as a health care agent under chapter 145C, and next of kin have been 
90.23 	contacted but are not available, then the Department of Corrections medical director has 
90.24 	the authority as principal to make health care decisions for the inmate.

90.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

90.26 	Sec. 5. [243.30] DRUG EDUCATION. 
90.27 	At orientation, the commissioner may provide all inmates with educational 
90.28 	materials on the hazards of drug use and manufacture.  Pursuant to section 144.0506, 
90.29 	the commissioner of health shall provide the educational materials necessary for the 
90.30 	commissioner to comply with this statute.

90.31 	EFFECTIVE DATE. This section is effective July 1, 2006.

90.32 	Sec. 6. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is 
90.33 	amended to read:
91.1 		Subd. 10.Notice. Upon receiving an offender's petition for release under 
91.2 	subdivision 2, the commissioner shall notify the prosecuting authority responsible for the 
91.3 	offender's conviction and the sentencing court. The commissioner shall give the authority 
91.4 	and court a reasonable opportunity to comment on the offender's potential release. If the 
91.5 	authority or court elects to comment, the comments must specify the reasons for the 
91.6 	authority or court's position. This subdivision applies only to offenders sentenced before 
91.7 	July 1, 2005.

91.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

91.9 	Sec. 7. [387.115] DRUG EDUCATION.
91.10 	At orientation and as often as possible, jail administrators may provide all inmates 
91.11 	with educational materials on the hazards of drug use and manufacture. Every jail shall 
91.12 	have a process in place that provides for distribution of drug education materials to 
91.13 	inmates as often as possible.

91.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

91.15 	Sec. 8. Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to read:
91.16 		Subd. 2.Imposition of fee. When a court sentences places a person convicted of 
91.17 	a crime,and places the person under the supervision and control of a local correctional 
91.18 	agency, that agency may collect a local correctional fee based on the local correctional 
91.19 	agency's fee schedule adopted under section  244.18. 

91.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

91.21 	Sec. 9. Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:
91.22 		Subd. 3.Continuation of employment. If the person committed under this 
91.23 	section has been regularly employed, the sheriff shall arrange for a continuation of the 
91.24 	employment insofar as possible without interruption. If the person is not employed, the 
91.25 	court may designate a suitable person or agency to make reasonable efforts to secure some 
91.26 	suitable employment for that person. An inmate employed under this section must be paid 
91.27 	a fair and reasonable wage for work performed and must work at fair and reasonable hours 
91.28 	per day and per week. There must not be a fee or charge for the inmate to participate in 
91.29 	any employment under this section if the inmate is paying for the cost of the inmate's 
91.30 	maintenance under subdivision 5.

91.31 	EFFECTIVE DATE. This section is effective July 1, 2006. 

92.1 	Sec. 10. STUDY; REPORT TO LEGISLATURE.
 92.2 	(a) The commissioner of corrections shall undertake a validation and reliability study 
92.3 	of the use of the Static-99, Rapid Risk Assessment for Sexual Offense Recidivism and the 
92.4 	Minnesota Sex Offender Screening Tool-Revised in predicting the risk of reoffense among 
92.5 	Minnesota offenders sentenced to probation. 
92.6 	(b) Disclosure to the commissioner of corrections, or the commissioner's designee, 
92.7 	of corrections, detention, or court services data held by a responsible authority for use in 
92.8 	the probationer recidivism study required under this section is a law enforcement purpose 
92.9 	under Minnesota Statutes, sections 13.84 and 13.85. 
92.10 	(c) On or before February 1, 2007, the commissioner of corrections shall report a 
92.11 	description of the study results required under this section, to the chairs and ranking 
92.12 	minority members of the senate and house committees and divisions with jurisdiction 
92.13 	over criminal justice funding and policy.

92.14 	Sec. 11. TRANSITION.
 92.15 	The incumbent of a position that is transferred from the unclassified to the classified 
92.16 	service under section 1 is appointed to the newly classified position.

92.17 	EFFECTIVE DATE. This section is effective July 1, 2006. 

92.18 	ARTICLE 6
92.19 	COURTS AND PUBLIC DEFENDERS

92.20 	Section 1. Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read:
92.21 		Subdivision 1.Definition. As used in this section "court services data" means data 
92.22 	that are created, collected, used or maintained by a court services department, parole 
92.23 	or probation authority, correctional agency, or by an agent designated by the court to 
92.24 	perform studies or other duties and that are on individuals who are or were defendants, 
92.25 	parolees or probationers of a municipal, district or county court, participants in diversion 
92.26 	programs, petitioners or respondents to a family court, or juveniles adjudicated delinquent 
92.27 	and committed, detained prior to a court hearing or hearings, or found to be dependent or 
92.28 	neglected and placed under the supervision of the court.

92.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

92.30 	Sec. 2. Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read:
93.1 		Subd. 2.General. Unless the data is summary data or a statute, including sections  
93.2 	609.115 and  257.70, specifically provides a different classification, the following court 
93.3 	services data are classified as private pursuant to section  13.02, subdivision 12: 
93.4 	(a) Court services data on individuals gathered at the request of a municipal, district 
93.5 	or county court to determine the need for any treatment, rehabilitation, counseling, or any 
93.6 	other need of a defendant, parolee, probationer, or participant in a diversion program, 
93.7 	and used by the court to assist in assigning an appropriate sentence or other disposition 
93.8 	in a case;
93.9 	(b) Court services data on petitioners or respondents to a family court gathered at 
93.10 	the request of the court for purposes of, but not limited to, individual, family, marriage, 
93.11 	chemical dependency and marriage dissolution adjustment counseling, including 
93.12 	recommendations to the court as to the custody of minor children in marriage dissolution 
93.13 	cases;
93.14 	(c) Court services data on individuals gathered by psychologists in the course 
93.15 	of providing the court or its staff with psychological evaluations or in the course of 
93.16 	counseling individual clients referred by the court for the purpose of assisting them with 
93.17 	personal conflicts or difficulties.

93.18 	EFFECTIVE DATE. This section is effective July 1, 2006. 

93.19 	Sec. 3. Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read:
93.20 		Subd. 3.Order. Upon finding that the applicant is authorized to exercise fiduciary 
93.21 	powers, the district court shall enter an order substituting the applicant bank or trust 
93.22 	company in every fiduciary capacity held by the affiliated bank or other bank or trust 
93.23 	company for which substitution is sought and which joined in the application, except as 
93.24 	may be otherwise specified in the application, and except for fiduciary capacities in any 
93.25 	account with respect to which a person beneficially interested in the account has filed 
93.26 	objection to the substitution and has appeared and been heard in support of the objection. 
93.27 	Upon entry of the order, or at a later date as may be specified in the order, the applicant 
93.28 	bank or trust company is substituted in every fiduciary capacity to which the order extends. 
93.29 	The substitution may be made a matter of record in any county of this state by filing a 
93.30 	certified copy of the order of substitution in the office of the court administrator of a district 
93.31 	or county court, or by filing a certified copy of the order in the office of the county recorder.

93.32 	EFFECTIVE DATE. This section is effective July 1, 2006. 

93.33 	Sec. 4. Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read:
94.1 		Subd. 13.Violation of provision for stopping train at crossing. Upon the 
94.2 	complaint of any person, a company operating a railroad violating section  219.93 shall 
94.3 	forfeit not less than $20 nor more than $100 to be recovered in a civil action before a 
94.4 	county or municipal judge of the county in which the violation occurs. One-half of 
94.5 	the forfeiture must go to the complainant and one-half to the school district where the 
94.6 	violation occurs. 

94.7 	EFFECTIVE DATE. This section is effective July 1, 2006. 

94.8 	Sec. 5. Minnesota Statutes 2004, section 260C.163, subdivision 3, is amended to read:
94.9 		Subd. 3.Appointment of counsel. (a) The child, custodial parent, guardian or 
94.10 	custodian has the right to effective assistance of counsel in connection with a proceeding 
94.11 	in juvenile court.
94.12 	(b) Except in proceedings where the sole basis for the petition is habitual truancy, if 
94.13 	the child, custodial parent, guardian, or custodian desires counsel but is unable to employ 
94.14 	it, the court shall appoint counsel a public defender to represent the child who is ten years 
94.15 	of age or older or the parents orcustodial parent, guardian, or custodian  in any case in 
94.16 	which it feels that such an appointment is appropriate. A noncustodial parent is entitled to 
94.17 	counsel at public expense under section 260C.331, subdivision 3, only if the court makes 
94.18 	written findings that the noncustodial parent should be made a party in the case and the 
94.19 	county has an account to pay for representation.
94.20 	(c) In any proceeding where the sole basis for the petition is habitual truancy, the 
94.21 	child, custodial parent, guardian, and custodian, and noncustodial parent do not have the 
94.22 	right to appointment of a public defender or other counsel at public expense. However, 
94.23 	before any out-of-home placement, including foster care or inpatient treatment, can be 
94.24 	ordered, the court must appoint a public defender or other counsel at public expense in 
94.25 	accordance with paragraph (b).
94.26 	(d) Counsel for the child shall not also act as the child's guardian ad litem.
94.27 	(e) In any proceeding where the subject of a petition for a child in need of 
94.28 	protection or services is not represented by an attorney, the court shall determine the 
94.29 	child's preferences regarding the proceedings, if the child is of suitable age to express 
94.30 	a preference.

94.31 	EFFECTIVE DATE. This section is effective July 1, 2006.

94.32 	Sec. 6. Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read:
95.1 		Subdivision 1.Notice; appraisers. The person distraining shall give notice to 
95.2 	the owner of the beast, if known to the distrainer, within 24 hours if the owner resides 
95.3 	in the same town, and within 48 hours if the owner resides in another town in the same 
95.4 	county, Sundays excepted. The notice shall specify the time when and the place where 
95.5 	distrained, the number of beasts, and the place of their detention, and that at a time and 
95.6 	place stated therein, which shall not be less than 12 hours after the service of the notice, 
95.7 	nor more than three days after the distress, the distrainer will apply to a designated 
95.8 	county or municipal judge of the county for the appointment of appraisers to appraise the 
95.9 	damages. If the owner is unknown or does not reside in the county, the distraining person 
95.10 	shall apply for the appointment of appraisers within 24 hours after the distress without 
95.11 	notice. After the application, the judge shall appoint three disinterested residents of the 
95.12 	town to appraise the damages.

95.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

95.14 	Sec. 7. Minnesota Statutes 2004, section 347.04, is amended to read:
95.15 	347.04 PUBLIC NUISANCE.
95.16 	Any dog that habitually worries, chases, or molests teams or persons traveling 
95.17 	peaceably on the public road is a public nuisance. Upon complaint in writing to a county 
95.18 	or municipal district court judge containing a description of the dog, including the name 
95.19 	of the dog and its owner, or stating that the name or names are not known, and alleging 
95.20 	that the dog is a public nuisance, the judge shall issue a summons, if the owner is known, 
95.21 	commanding the owner to appear before the judge at a specified time, not less than six 
95.22 	nor more than ten days from the date of the summons, to answer the complaint. The 
95.23 	summons shall be served not less than six days before the day of the hearing in the same 
95.24 	manner as other district court summonses.

95.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

95.26 	Sec. 8. Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read:
95.27 		Subdivision 1.Appointment by county district judge. A county government 
95.28 	study commission hereinafter called "the commission" may be established in any county 
95.29 	as provided in this section to study the form and structure of county government in the 
95.30 	county and other counties both within and outside this state and, if deemed advisable by 
95.31 	the commission, recommend to the voters of the county the adoption of any of the optional 
95.32 	forms of county government contained in sections  375A.01 to  375A.13. The commission 
95.33 	shall be established upon presentation of a petition requesting such action signed by voters 
96.1 	equal in number to five percent of the electors voting at the last previous election for the 
96.2 	office of governor or a resolution of the board of county commissioners of the county 
96.3 	requesting such action. Appointments to the commission shall be made by order filed 
96.4 	with the court administrator of the district court of the county and shall be made by the 
96.5 	senior county judge having chambers in the county. If there be no judge having chambers 
96.6 	in the county, appointments shall be made by the chief judge of the judicial district. The 
96.7 	number on the study commission shall be set by the appointing judge but not to exceed 
96.8 	15. A noncommissioner from each commissioner district shall be appointed to a study 
96.9 	commission. In addition three members shall be county commissioners and two shall be 
96.10 	elected county officials. An appointee who neglects to file with the court administrator 
96.11 	within 15 days a written acceptance shall be deemed to have declined the appointment 
96.12 	and the place shall be filled as though the appointee had resigned. Vacancies in the 
96.13 	commission shall be filled as in the case of original appointments. The county board, the 
96.14 	commission, or the petitioners requesting the appointment of the commission may submit 
96.15 	to the appointing judge the names of eligible nominees which the appointing judge may 
96.16 	consider in making appointments to the commission. 

96.17 	EFFECTIVE DATE. This section is effective July 1, 2006. 

96.18 	Sec. 9. Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read:
96.19 		Subd. 2.May relocate Bloomington court. Notwithstanding the provisions 
96.20 	of section  488A.01, subdivision 9, the county of Hennepin may relocate the municipal
96.21 	district court serving the city of Bloomington and thereupon shall provide suitable quarters 
96.22 	for the holding of regular terms of court in a southern suburban location within the county 
96.23 	as may be designated by a majority of the judges of the court. All functions of the court 
96.24 	may be discharged, including both court and jury trials of civil and criminal matters, at the 
96.25 	location designated pursuant to this section. Nothing in this section shall be construed to 
96.26 	reduce the level of services to the residents of the city of Bloomington. 

96.27 	EFFECTIVE DATE. This section is effective July 1, 2006. 

96.28 	Sec. 10. Minnesota Statutes 2004, section 390.20, is amended to read:
96.29 	390.20 PERSON CHARGED ARRESTED.
96.30 	If any person charged by the inquest with having committed the offense is not in 
96.31 	custody, the coroner shall have the same power as a county or municipal district court judge 
96.32 	to issue process for the person's apprehension. The warrant shall be returnable before any 
96.33 	court having jurisdiction in the case and the court shall proceed as in similar cases.

97.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

97.2 	Sec. 11. Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read:
97.3 		Subd. 2.Subpoena power. The judge exercising probate jurisdiction may issue 
97.4 	subpoenas for witnesses, returnable immediately or at a time and place the judge directs. 
97.5 	The persons served with subpoenas shall be allowed the same fees, the sheriff shall enforce 
97.6 	their attendance in the same manner, and they shall be subject to the same penalties as if 
97.7 	they had been served with a subpoena in behalf of the state in a criminal case before a 
97.8 	county or municipal district court judge.

97.9 	EFFECTIVE DATE. This section is effective July 1, 2006. 

97.10 	Sec. 12. Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read:
97.11 		Subdivision 1.State employees; compensation. (a) District court referees, judicial 
97.12 	officers, court reporters, law clerks, district administration staff, other than district 
97.13 	administration staff in the Second and Fourth Judicial Districts, guardian ad litem program 
97.14 	coordinators and staff, staff court interpreters in the Second Judicial District, court 
97.15 	psychological services staff in the Fourth Judicial District, and other court employees 
97.16 	under paragraph (b), are state employees and are governed by the judicial branch 
97.17 	personnel rules adopted by the Supreme Court. The Supreme Court, in consultation with 
97.18 	the conference of chief judges Judicial Council, shall establish the salary range of these 
97.19 	employees under the judicial branch personnel rules. In establishing the salary ranges, the 
97.20 	Supreme Court shall consider differences in the cost of living in different areas of the state.
97.21 	(b) The court administrator and employees of the court administrator who are 
97.22 	in the Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court 
97.23 	administrator and employees of the court administrator in the remaining judicial districts 
97.24 	become state employees as follows:
97.25 	(1) effective July 1, 2003, for the Second and Fourth Judicial Districts;
97.26 	(2) effective July 1, 2004, for the First and Third Judicial Districts; and
97.27 	(3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.

97.28 	EFFECTIVE DATE. This section is effective July 1, 2006. 

97.29 	Sec. 13. Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read:
97.30 		Subd. 2.Election to retain insurance and benefits; retirement. (a) Before a 
97.31 	person is transferred to state employment under this section, the person may elect to do 
97.32 	either or both of the following:
98.1 	(1) keep life insurance; hospital, medical, and dental insurance; and vacation and 
98.2 	sick leave benefits and accumulated time provided by the county instead of receiving 
98.3 	benefits from the state under the judicial branch personnel rules; or
98.4 	(2) remain a member of the Public Employees Retirement Association or the 
98.5 	Minneapolis employees retirement fund instead of joining the Minnesota State Retirement 
98.6 	System.
98.7 	Employees who make an election under clause (1) remain on the county payroll, 
98.8 	but the state shall reimburse the county on a quarterly basis for the salary and cost of the 
98.9 	benefits provided by the county. The state shall make the employer contribution to the 
98.10 	Public Employees Retirement Association or the employer contribution under section  
98.11 	422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of 
98.12 	employees who make an election under clause (2). 
98.13 	(b) An employee who makes an election under paragraph (a), clause (1), may revoke 
98.14 	the election, once, at any time, but if the employee revokes the election, the employee 
98.15 	cannot make another election. An employee who makes an election under paragraph (a), 
98.16 	clause (2), may revoke the election at any time within six months after the person becomes 
98.17 	a state employee. Once an employee revokes this election, the employee cannot make 
98.18 	another election.
98.19 	(c) The Supreme Court, after consultation with the conference of chief judges
98.20 	Judicial Council, the commissioner of employee relations, and the executive directors 
98.21 	of the Public Employees Retirement Association and the Minnesota State Retirement 
98.22 	Association, shall adopt procedures for making elections under this section.
98.23 	(d) The Supreme Court shall notify all affected employees of the options available 
98.24 	under this section. The executive directors of the Public Employees Retirement 
98.25 	Association and the Minnesota State Retirement System shall provide counseling to 
98.26 	affected employees on the effect of making an election to remain a member of the Public 
98.27 	Employees Retirement Association.

98.28 	EFFECTIVE DATE. This section is effective July 1, 2006. 

98.29 	Sec. 14. Minnesota Statutes 2004, section 480.182, is amended to read:
98.30 	480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.
98.31 	(a) Notwithstanding any law to the contrary, the state courts will pay for the 
98.32 	following court-related programs and costs:
98.33 	(1) court interpreter program costs, including the costs of hiring court interpreters;
98.34 	(2) guardian ad litem program and personnel costs;
99.1 	(3) examination costs, not including hospitalization or treatment costs, for mental 
99.2 	commitments and related proceedings under chapter 253B;
99.3 	(4) examination costs under rule 20 of the Rules of Criminal Procedure;
99.4 	(5) in forma pauperis costs;
99.5 	(6) costs for transcripts mandated by statute, except in appeal cases and 
99.6 	postconviction cases handled by the Board of Public Defense; and
99.7 	(7) jury program costs, not including personnel.; and
99.8 	(b) In counties in a judicial district under section  480.181, subdivision 1, paragraph 
99.9 	(b), the state courts shall pay the (8) witness fees and mileage fees specified in sections  
99.10 	253B.23, subdivision 1;  260B.152, subdivision 2;  260C.152, subdivision 2;  260B.331, 
99.11 	subdivision 3, clause (a);  260C.331, subdivision 3, clause (a);  357.24;  357.32;  525.012, 
99.12 	subdivision 5; and  627.02. 

99.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

99.14 	Sec. 15. Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read:
99.15 		Subdivision 1.General. The district courts shall have original jurisdiction in the 
99.16 	following cases:
99.17 	(1) all civil actions within their respective districts,;
99.18 	(2)  in all cases of crime committed or triable therein,;
99.19 	(3) in all special proceedings not exclusively cognizable by some other court or 
99.20 	tribunal, and;
99.21 	(4) in law and equity for the administration of estates of deceased persons and all 
99.22 	guardianship and incompetency proceedings;
99.23 	(5) the jurisdiction of a juvenile court as provided in chapter 260;
99.24 	(6) proceedings for the management of the property of persons who have 
99.25 	disappeared, and actions relating thereto, as provided in chapter 576; and
99.26 	(7) in all other cases wherein such jurisdiction is especially conferred upon them 
99.27 	by law.
99.28 	They shall also have appellate jurisdiction in every case in which an appeal thereto 
99.29 	is allowed by law from any other court, officer, or body.

99.30 	EFFECTIVE DATE. This section is effective July 1, 2006. 

99.31 	Sec. 16. Minnesota Statutes 2004, section 484.011, is amended to read:
99.32 	484.011 JURISDICTION IN SECOND AND FOURTH JUDICIAL 
99.33 	DISTRICTS.
100.1 	In the Second and Fourth Judicial Districts The district court shall also be a probate 
100.2 	court.

100.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

100.4 	Sec. 17. Minnesota Statutes 2004, section 484.012, is amended to read:
100.5 	484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND 
100.6 	JUDICIAL DISTRICT.
100.7 	Notwithstanding section  525.09 the judicial district administrator in the Second 
100.8 	Judicial District may appoint a court administrator of the Probate Court for the district 
100.9 	subject to the approval of the chief judge and assistant chief judge who shall serve at 
100.10 	the pleasure of the judges of the district, and who shall be supervised by the judicial 
100.11 	district administrator, and whose salary shall be fixed by the Ramsey County Board of 
100.12 	Commissioners. 

100.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

100.14 	Sec. 18. Minnesota Statutes 2004, section 484.45, is amended to read:
100.15 	484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.
100.16 	It is hereby made the duty of the board of county commissioners of the county of 
100.17 	St. Louis to furnish and maintain adequate accommodations for the holding of terms of 
100.18 	the district court at the city of Hibbing, and the city of Virginia, proper offices for these 
100.19 	deputies and a proper place for the confinement and maintenance of the prisoners at the 
100.20 	city of Hibbing and the city of Virginia.
100.21 	The county shall reimburse the court administrator and deputies as herein provided 
100.22 	for and the county attorney and assistants and the district judges of the district and the 
100.23 	official court reporter for their traveling expenses actually and necessarily incurred in the 
100.24 	performance of their respective official duties.

100.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

100.26 	Sec. 19. Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read:
100.27 		Subd. 3.Reimbursement filings. Each judge claiming reimbursement for allowable 
100.28 	expenses may file with the supreme court monthly and shall file not later than 90 days after 
100.29 	the expenses are incurred, an itemized statement, verified by the judge, of all allowable 
100.30 	expenses actually paid by the judge. All statements shall be audited by the Supreme Court 
101.1 	and, if approved by the Supreme Court, shall be paid by the commissioner of finance from 
101.2 	appropriations for this purpose.

101.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

101.4 	Sec. 20. Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read:
101.5 		Subdivision 1.Law clerk appointments. The Each district judges regularly 
101.6 	assigned to hold court in each judicial district except for the Second, Fourth, and Tenth 
101.7 	Judicial Districts may by orders filed with the court administrator and county auditor of 
101.8 	each county in the district judge may appoint a competent law clerk for every two district 
101.9 	court judges of the judicial district. The district judges regularly assigned to hold court 
101.10 	in the First and Tenth Judicial Districts may by orders filed with the court administrator 
101.11 	and county auditor of each county in the district appoint a competent law clerk for each 
101.12 	district court judge of the district.

101.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

101.14 	Sec. 21. Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read:
101.15 		Subd. 3.Chambers and supplies. The Board of County Commissioners of Ramsey 
101.16 	County shall provide suitable chambers and courtroom space, clerks, and bailiffs, and 
101.17 	other personnel to assist said judge, together with necessary library, supplies, stationery 
101.18 	and other expenses necessary thereto. The state shall provide referees, court reporters, law 
101.19 	clerks, and guardian ad litem program coordinators and staff.

101.20 	EFFECTIVE DATE. This section is effective July 1, 2006. 

101.21 	Sec. 22. Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read:
101.22 		Subd. 3.Space; personnel; supplies. The Board of County Commissioners of 
101.23 	Hennepin County shall provide suitable chambers and courtroom space, clerks, and
101.24 	bailiffs, and other personnel to assist said judge, together with necessary library, supplies, 
101.25 	stationery and other expenses necessary thereto. The state shall provide referees, court 
101.26 	reporters, law clerks, and guardian ad litem program coordinators and staff.

101.27 	EFFECTIVE DATE. This section is effective July 1, 2006. 

101.28 	Sec. 23. Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:
102.1 		Subdivision 1.Appointment. By November 1, 1977, The chief judge of the judicial 
102.2 	district in each judicial district shall appoint a single district administrator, subject to the 
102.3 	approval of the Supreme Court, with the advice of the judges of the judicial district.
102.4 	The district administrator shall serve at the pleasure of a majority of the judges of 
102.5 	the judicial district.

102.6 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.7 	Sec. 24. Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to read:
102.8 		Subd. 5.Rules. The Supreme Court, in consultation with the conference of chief 
102.9 	judges, shall adopt rules to implement the expedited child support hearing process under 
102.10 	this section.

102.11 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.12 	Sec. 25. [484.80] LOCATION OF TRIAL RULE.
102.13 	If a municipality is located in more than one county or district, the county in which 
102.14 	the city hall of the municipality is located determines the county or district in which the 
102.15 	municipality shall be deemed located for the purposes of this chapter provided, however, 
102.16 	that the municipality by ordinance enacted may designate, for those purposes, some other 
102.17 	county or district in which a part of the municipality is located.

102.18 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.19 	Sec. 26. [484.81] PLEADING; PRACTICE; PROCEDURE.
102.20 		Subdivision 1.General. Pleading, practice, procedure, and forms in civil actions 
102.21 	shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme 
102.22 	Court.
102.23 		Subd. 2.Court rules. The court may adopt rules governing pleading, practice, 
102.24 	procedure, and forms for civil actions which are not inconsistent with the provisions of 
102.25 	governing statutes.

102.26 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.27 	Sec. 27. [484.82] MISDEMEANOR OFFENSES.
102.28 	A person who receives a misdemeanor citation shall proceed as follows: when a 
102.29 	fine is not paid, the person charged must appear before the court at the time specified in 
102.30 	the citation. If appearance before a misdemeanor bureau is designated in the citation, the 
103.1 	person charged must appear within the time specified in the citation and arrange a date for 
103.2 	arraignment in the district court.

103.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

103.4 	Sec. 28. [484.83] REINSTATEMENT OF FORFEITED SUMS.
103.5 	A district court judge may order any sums forfeited to be reinstated and the 
103.6 	commissioner of finance shall then refund accordingly. The commissioner of finance shall 
103.7 	reimburse the court administrator if the court administrator refunds the deposit upon a 
103.8 	judge's order and obtains a receipt to be used as a voucher.

103.9 	EFFECTIVE DATE. This section is effective July 1, 2006.

103.10 	Sec. 29. [484.84] FINE DISPOSITION.
103.11 	In the event the court takes jurisdiction of a prosecution for the violation of a statute 
103.12 	or ordinance by the state or a governmental subdivision other than a home rule charter or 
103.13 	statutory city or town within the county court district, all fines, penalties, and forfeitures 
103.14 	collected must be paid over to the treasurer of the governmental subdivision which 
103.15 	submitted the case for prosecution, except where a different disposition is provided by 
103.16 	law. If a different disposition is provided by law, payment must be made to the public 
103.17 	official entitled to it.

103.18 	EFFECTIVE DATE. This section is effective July 1, 2006. 

103.19 	Sec. 30. [484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY; 
103.20 	ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
103.21 	(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 
103.22 	for the violation of a statute or ordinance by the state or a governmental subdivision other 
103.23 	than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 
103.24 	paid over to the county treasurer except where a different disposition is provided by law, 
103.25 	and the following fees shall be taxed to the state or governmental subdivision other than 
103.26 	a city or town within Ramsey County which would be entitled to payment of the fines, 
103.27 	forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 
103.28 	disposal of the matter. The administrator shall deduct the fees from any fine collected for 
103.29 	the state of Minnesota or a governmental subdivision other than a city or town within 
103.30 	Ramsey County and transmit the balance in accordance with the law, and the deduction of 
103.31 	the total of the fees each month from the total of all the fines collected is hereby expressly 
103.32 	made an appropriation of funds for payment of the fees.
104.1 	(b) On or before the last day of each month, the county treasurer shall pay over 
104.2 	to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 
104.3 	collected and to the treasurer of each other municipality or subdivision of government in 
104.4 	Ramsey County one-half of all fines or penalties collected during the previous month from 
104.5 	those imposed for offenses committed within the treasurer's municipality or subdivision 
104.6 	of government in violation of a statute; an ordinance; or a charter provision, rule, or 
104.7 	regulation of a city. All other fines and forfeitures and all fees and costs collected by the 
104.8 	district court shall be paid to the treasurer of Ramsey County, who shall dispense the 
104.9 	same as provided by law.

104.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

104.11 	Sec. 31. [484.86] COURT DIVISIONS.
104.12 		Subdivision 1.Authority. Subject to the provisions of section 244.19 and rules of 
104.13 	the Supreme Court, a court may establish a probate division, a family court division, 
104.14 	juvenile division, and a civil and criminal division which shall include a conciliation 
104.15 	court, and may establish within the civil and criminal division a traffic and ordinance 
104.16 	violations bureau.
104.17 		Subd. 2.Establishment. The court may establish, consistent with Rule 23 of the 
104.18 	Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines.

104.19 	EFFECTIVE DATE. This section is effective July 1, 2006. 

104.20 	Sec. 32. [484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN 
104.21 	CRIMINAL PROCEEDINGS.
104.22 		Subdivision 1.Right to jury trial. In any prosecution brought in a district court in 
104.23 	which conviction of the defendant for the offense charged could result in imprisonment, 
104.24 	the defendant has the right to a jury trial.
104.25 		Subd. 2.Prosecuting attorneys in Hennepin and Ramsey Counties.  Except as 
104.26 	otherwise provided in this subdivision and section 388.051, subdivision 2, the attorney 
104.27 	of the municipality in which the violation is alleged to have occurred has charge of 
104.28 	the prosecution of all violations of the state laws, including violations which are gross 
104.29 	misdemeanors, and municipal charter provisions, ordinances, rules, and regulations triable 
104.30 	in the district court, and shall prepare complaints for the violations. The county attorney 
104.31 	has charge of the prosecution of a violation triable in district court and shall prepare a 
104.32 	complaint for the violation:
105.1 	(1) if the county attorney is specifically designated by law as the prosecutor for the 
105.2 	particular violation charged; or
105.3 	(2) if the alleged violation is of state law and is alleged to have occurred in a 
105.4 	municipality or other subdivision of government whose population according to the most 
105.5 	recent federal decennial census is less than 2,500 and whose governing body, or the town 
105.6 	board in the case of a town, has accepted this clause by majority vote, and if the defendant 
105.7 	is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a 
105.8 	member of the State Patrol.
105.9 	Clause (2) shall not apply to a municipality or other subdivision of government 
105.10 	whose population according to the most recent federal decennial census is 2,500 or more, 
105.11 	regardless of whether or not it has previously accepted clause (2).
105.12 		Subd. 3.Presumption of innocence; conviction of lowest degree. In an action 
105.13 	or proceeding charging a violation of an ordinance of any subdivision of government in 
105.14 	Hennepin County, if such ordinance is the same or substantially the same as a state law, 
105.15 	the provisions of section 611.02 shall apply.

105.16 	EFFECTIVE DATE. This section is effective July 1, 2006. 

105.17 	Sec. 33. [484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO 
105.18 	COUNTY.
105.19 	A municipality or other subdivision of government seeking to use the county 
105.20 	attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county 
105.21 	board of its intention to use the services of the county attorney at least 60 days prior to 
105.22 	the adoption of the board's annual budget each year. A municipality may enter into an 
105.23 	agreement with the county board and the county attorney to provide prosecution services 
105.24 	for any criminal offense on a case-by-case basis.

105.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

105.26 	Sec. 34. [484.89] ORDER FOR PRISON RELEASE.
105.27 	When a person is confined to the Hennepin County Adult Correctional Facility and a 
105.28 	fine is remitted or a sentence is stayed or suspended, the person released on parole, or the 
105.29 	release of the person secured by payment of the fine in default of which the person was 
105.30 	committed, the prisoner shall not be released except upon order of the court. A written 
105.31 	transcript of such order signed by the court administrator and under the court's seal shall 
105.32 	be furnished to the superintendent of the Hennepin County Adult Correctional Facility. 
105.33 	All cost of confinement or imprisonment in any jail or correctional facility shall be paid by 
106.1 	the municipality or subdivision of government in Hennepin County in which the violation 
106.2 	occurred, except that the county shall pay all costs of confinement or imprisonment 
106.3 	incurred as a result of a prosecution of a gross misdemeanor.

106.4 	EFFECTIVE DATE. This section is effective July 1, 2006. 

106.5 	Sec. 35. [484.90] FEES PAYABLE TO COURT ADMINISTRATOR.
106.6 		Subdivision 1.Civil fees. The fees payable to the court administrator for the 
106.7 	following services in civil actions are:
106.8 	In all civil actions within the jurisdiction of the county court, the fees payable to 
106.9 	the court administrator shall be the same as in district court. The fee payable for cases 
106.10 	heard in conciliation court division is established under section  357.022. The filing fees 
106.11 	must be transmitted to the county treasurer who shall transmit them to the commissioner 
106.12 	of finance for deposit in the general fund.
106.13 	The fees payable to the court administrator for the following services in petty 
106.14 	misdemeanors or criminal actions are governed by the following provisions:
106.15 	In the event the court takes jurisdiction of a prosecution for the violation of a statute 
106.16 	or ordinance by the state or a governmental subdivision other than a city or town within 
106.17 	the county court district; all fines, penalties and forfeitures collected shall be paid over 
106.18 	to the treasurer of the governmental subdivision which submitted a case for prosecution 
106.19 	except where a different disposition is provided by law, in which case payment shall 
106.20 	be made to the public official entitled thereto. The following fees for services in petty 
106.21 	misdemeanor or criminal actions shall be taxed to the state or governmental subdivision 
106.22 	which would be entitled to payment of the fines, forfeiture or penalties in any case, and 
106.23 	shall be retained by the court administrator for disposing of the matter but in no case shall 
106.24 	the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct 
106.25 	the fees from any fine collected and transmit the balance in accordance with the law, and 
106.26 	the deduction of the total of such fees each month from the total of all such fines collected 
106.27 	is hereby expressly made an appropriation of funds for payment of such fees:
106.28 	(1) In all cases where the defendant pleads guilty at or prior to first appearance and 
106.29 	sentence is imposed or the matter is otherwise disposed of without a trial, $5
106.30 	(2) Where the defendant pleads guilty after first appearance or prior to trial, $10
106.31 	(3) In all other cases where the defendant is found guilty by the court or jury or 
106.32 	pleads guilty during trial, $15
106.33 	(4) The court shall have the authority to waive the collection of fees in any particular 
106.34 	case.
107.1 	The fees set forth in this subdivision shall not apply to parking violations for which 
107.2 	complaints and warrants have not been issued.
107.3 		Subd. 2.Miscellaneous fees. Fees payable to the court administrator for all other 
107.4 	services shall be fixed by court rule.
107.5 		Subd. 3.Payment in advance. Except as provided in subdivision 1, fees are 
107.6 	payable to the court administrator in advance.

107.7 	EFFECTIVE DATE. This section is effective July 1, 2006. 

107.8 	Sec. 36. [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
107.9 		Subdivision 1.Establishment. Misdemeanor violations bureaus shall be established 
107.10 	in Minneapolis, a southern suburb location, and at any other northern and western 
107.11 	suburban locations dispersed throughout the county as may be designated by a majority of 
107.12 	the judges of the court.
107.13 		Subd. 2.Supervision. The court shall supervise and the court administrator 
107.14 	shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the 
107.15 	Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court 
107.16 	administrator shall assign one or more deputy court administrators to discharge and 
107.17 	perform the duties of the bureau.
107.18 		Subd. 3.Uniform traffic ticket. The Hennepin County Board may alter by deletion 
107.19 	or addition the uniform traffic ticket, provided in section 169.99, in such manner as it 
107.20 	deems advisable for use in Hennepin County.
107.21 		Subd. 4.Procedure by person receiving misdemeanor citation. A person who 
107.22 	receives a misdemeanor or petty misdemeanor citation shall proceed as follows:
107.23 	(a) If a fine for the violation may be paid at the bureau without appearance before a 
107.24 	judge, the person charged may pay the fine in person or by mail to the bureau within the 
107.25 	time specified in the citation. Payment of the fine shall be deemed to be the entry of a 
107.26 	plea of guilty to the violation charged and a consent to the imposition of a sentence for the 
107.27 	violation in the amount of the fine paid. A receipt shall be issued to evidence the payment 
107.28 	and the receipt shall be satisfaction for the violation charged in that citation.
107.29 	(b) When a fine is not paid, the person charged must appear at a bureau within the 
107.30 	time specified in the citation, state whether the person desires to enter a plea of guilty or 
107.31 	not guilty, arrange for a date for arraignment in court and appear in court for arraignment 
107.32 	on the date set by the bureaus.
107.33 		Subd. 5.Supervision. The court shall supervise and the court administrator 
107.34 	shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the 
107.35 	Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court 
108.1 	administrator shall assign one or more deputy court administrators to discharge and 
108.2 	perform the duties of the bureaus.

108.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

108.4 	Sec. 37. [484.92] ADDITIONAL EMPLOYEES.
108.5 		Subdivision 1.Bailiffs.  The sheriff of a county shall furnish to the district court 
108.6 	deputies to serve as bailiffs within the county as the court may request.  The county board 
108.7 	may, with the approval of the chief judge of the district, contract with any municipality, 
108.8 	upon terms agreed upon, for the services of police officers of the municipality to act as 
108.9 	bailiffs in the county district court.
108.10 	Nothing contained herein shall be construed to limit the authority of the court to 
108.11 	employ probation officers with the powers and duties prescribed in section 244.19. 
108.12 		Subd. 2. Transcription of court proceedings.  Electronic recording equipment may 
108.13 	be used for the purposes of Laws 1971, chapter 951, to record court proceedings in lieu of 
108.14 	a court reporter.  However, at the request of any party to any proceedings the court may in 
108.15 	its discretion require the proceedings to be recorded by a competent court reporter who 
108.16 	shall perform such additional duties as the court directs.  The salary of a reporter shall be 
108.17 	set in accordance with the procedure provided by sections 486.05 and 486.06.

108.18 	EFFECTIVE DATE. This section is effective July 1, 2006. 

108.19 	Sec. 38. Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:
108.20 	485.01 APPOINTMENT; BOND; DUTIES.
108.21 	A clerk of the district court for each county within the judicial district, who shall be 
108.22 	known as the court administrator, shall be appointed by a majority of the district court 
108.23 	judges in the district. The clerk, before entering upon the duties of office, shall give bond 
108.24 	to the state, to be approved by the chief judge of the judicial district, conditioned for the 
108.25 	faithful discharge of official duties. The bond, with An oath of office, shall be recorded 
108.26 	with the county recorder court administrator. The clerk court administrator shall perform 
108.27 	all duties assigned by law and by the rules of the court. The clerk court administrator
108.28 	and all deputy clerks deputies must not practice as attorneys in the court in which they 
108.29 	are employed.
108.30 	The duties, functions, and responsibilities which have been and may be required 
108.31 	by law or rule to be performed by the clerk of district court shall be performed by the 
108.32 	court administrator.

109.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

109.2 	Sec. 39. Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read:
109.3 		Subd. 5.Collection of fees. The court administrator of district court shall charge and 
109.4 	collect all fees as prescribed by law and all such fees collected by the court administrator 
109.5 	as court administrator of district court shall be paid to the county treasurer Department of 
109.6 	Finance. Except for those portions of forfeited bail paid to victims pursuant to existing 
109.7 	law, the county treasurer court administrator shall forward all revenue from fees and 
109.8 	forfeited bail collected under chapters 357, 487, and 574 to the commissioner of finance 
109.9 	for deposit in the state treasury and credit to the general fund, unless otherwise provided in 
109.10 	chapter 611A or other law, in the manner and at the times prescribed by the commissioner 
109.11 	of finance, but not less often than once each month. If the defendant or probationer 
109.12 	is located after forfeited bail proceeds have been forwarded to the commissioner of 
109.13 	finance, the commissioner of finance shall reimburse the county, on request, for actual 
109.14 	costs expended for extradition, transportation, or other costs necessary to return the 
109.15 	defendant or probationer to the jurisdiction where the bail was posted, in an amount not 
109.16 	more than the amount of forfeited bail. The court administrator of district court shall not 
109.17 	retain any additional compensation, per diem or other emolument for services as court 
109.18 	administrator of district court, but may receive and retain mileage and expense allowances 
109.19 	as prescribed by law.

109.20 	EFFECTIVE DATE. This section is effective July 1, 2006. 

109.21 	Sec. 40. Minnesota Statutes 2004, section 485.021, is amended to read:
109.22 	485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT 
109.23 	ADMINISTRATOR.
109.24 	When money is paid into court pursuant to court order, the court administrator of 
109.25 	district court, unless the court order specifies otherwise, may place such moneys with the 
109.26 	county treasurer Department of Finance for investment, as provided by law. When such 
109.27 	moneys are subsequently released, or otherwise treated, by court order, the same shall be 
109.28 	immediately paid over by the county treasurer to the court administrator of district court 
109.29 	who shall then fulfill the direction of the court order relative to such moneys.

109.30 	EFFECTIVE DATE. This section is effective July 1, 2006. 

109.31 	Sec. 41. Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:
109.32 	485.03 DEPUTIES.
110.1 	(a) The county board shall determine the number of permanent full time deputies, 
110.2 	clerks and other employees in the office of the court administrator of district court and 
110.3 	shall fix the compensation for each position. The county board shall also budget for 
110.4 	temporary deputies and other employees and shall fix their rates of compensation. 
110.5 	This paragraph does not apply to a county in a judicial district under section 480.181, 
110.6 	subdivision 1, paragraph (b).
110.7 	(b) The court administrator shall appoint in writing the deputies and other 
110.8 	employees, for whose acts the court administrator shall be responsible, and whom the 
110.9 	court administrator may remove at pleasure. Before each enters upon official duties, 
110.10 	the appointment and oath of each shall be recorded with the county recorder court 
110.11 	administrator.

110.12 	EFFECTIVE DATE. This section is effective July 1, 2006. 

110.13 	Sec. 42. Minnesota Statutes 2005 Supplement, section 485.05, is amended to read:
110.14 	485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.
110.15 	In all counties in the state now or hereafter having a population of more than 150,000 
110.16 	and wherein regular terms of the district court are held in three or more places, the court 
110.17 	administrator of the district court therein, by an instrument in writing, under the court 
110.18 	administrator's hand and seal, and with the approval of the district judge of the judicial 
110.19 	district in which said county is situated, or, if there be more than one such district judge, 
110.20 	with the approval of a majority thereof, may appoint deputies for whose acts the court 
110.21 	administrator shall be responsible, such deputies to hold office as such until they shall 
110.22 	be removed therefrom, which removal shall not be made except with the approval of the 
110.23 	district judge or judges. The appointment and oath of every such deputy shall be recorded 
110.24 	with the county recorder court administrator.

110.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

110.26 	Sec. 43. Minnesota Statutes 2004, section 485.11, is amended to read:
110.27 	485.11 PRINTED CALENDARS.
110.28 	The court administrator of the district court in each of the several counties of this 
110.29 	state shall provide calendars either printed or otherwise duplicated of the cases to be tried 
110.30 	at the general terms thereof at the expense of the counties where such court is held. This 
110.31 	section shall not apply to a county where only one term of court is held each year.

110.32 	EFFECTIVE DATE. This section is effective July 1, 2006. 

111.1 	Sec. 44. Minnesota Statutes 2004, section 488A.03, subdivision 6, is amended to read:
111.2 		Subd. 6.Disposition of fines, fees and other money; accounts. (a) Except as 
111.3 	otherwise provided herein and except as otherwise provided by law, the court administrator 
111.4 	shall pay to the Hennepin county treasurer all fines and penalties collected by the court 
111.5 	administrator, all fees collected by the court administrator for court administrator's 
111.6 	services, all sums forfeited to the court as hereinafter provided, and all other money 
111.7 	received by the court administrator. to the subdivision of government entitled thereto as 
111.8 	follows on or before the 20th day after the last day of the month in which the money was 
111.9 	collected. Eighty percent of all fines and penalties collected during the previous month 
111.10 	shall be paid to the treasurer of the municipality or subdivision of government where the 
111.11 	crime was committed. The remainder of the fines and penalties shall be credited to the 
111.12 	general fund of the state. In all cases in which the county attorney had charge of the 
111.13 	prosecution, all such fines and penalties shall be credited to the state general fund.
111.14 	(b) The court administrator shall provide the county treasurer with identify  the name 
111.15 	of the municipality or other subdivision of government where the offense was committed 
111.16 	and the name and official position of the officer who prosecuted the offense for each fine 
111.17 	or penalty, and the total amount of fines or penalties collected for each such municipality 
111.18 	or other subdivision of government, or for the county, or for the state.
111.19 	(c) At the beginning of the first day of any month the amount owing to any 
111.20 	municipality or county in the hands of the court administrator shall not exceed $5,000.
111.21 	(d) On or before the last day of each month the county treasurer shall pay over to 
111.22 	the treasurer of each municipality or subdivision of government in Hennepin County all 
111.23 	fines or penalties collected during the previous month for offenses committed within 
111.24 	such municipality or subdivision of government, except that all such fines and penalties 
111.25 	attributable to cases in which the county attorney had charge of the prosecution shall be 
111.26 	retained by the county treasurer and credited to the county general revenue fund.
111.27 	(e)  (c) Amounts represented by checks issued by the court administrator or received 
111.28 	by the court administrator which have not cleared by the end of the month may be shown 
111.29 	on the monthly account as having been paid or received, subject to adjustment on later 
111.30 	monthly accounts.
111.31 	(f) (d)  The court administrator may receive negotiable instruments in payment 
111.32 	of fines, penalties, fees or other obligations as conditional payments, and is not held 
111.33 	accountable therefor until collection in cash is made and then only to the extent of the net 
111.34 	collection after deduction of the necessary expense of collection.

111.35 	EFFECTIVE DATE. This section is effective July 1, 2006. 

112.1 	Sec. 45. Minnesota Statutes 2004, section 488A.03, subdivision 11, is amended to read:
112.2 		Subd. 11.Fees payable to administrator. (a) The civil fees payable to the 
112.3 	administrator for services are the same in amount as the fees then payable to the District 
112.4 	Court of Hennepin County for like services. Library and filing fees are not required of 
112.5 	the defendant in an eviction action. The fees payable to the administrator for all other 
112.6 	services of the administrator or the court shall be fixed by rules promulgated by a majority 
112.7 	of the judges.
112.8 	(b) Fees are payable to the administrator in advance.
112.9 	(c) Judgments will be entered only upon written application.
112.10 	(d) The following fees shall be taxed for all charges filed in court where applicable: 
112.11 	(a) The state of Minnesota and any governmental subdivision within the jurisdictional area 
112.12 	of any district court herein established may present cases for hearing before said district 
112.13 	court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a 
112.14 	statute or ordinance by the state or a governmental subdivision other than a city or town 
112.15 	in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to 
112.16 	the treasurer of the governmental subdivision which submitted charges for prosecution 
112.17 	under ordinance violation and to the county treasurer in all other charges except where 
112.18 	a different disposition is provided by law, in which case, payment shall be made to 
112.19 	the public official entitled thereto. The following fees shall be taxed to the county or 
112.20 	to the state or governmental subdivision which would be entitled to payment of the 
112.21 	fines, forfeiture or penalties in any case, and shall be paid to the court administrator for 
112.22 	disposing of the matter:
112.23 	(1) For each charge where the defendant is brought into court and pleads guilty and 
112.24 	is sentenced, or the matter is otherwise disposed of without trial .......... $5.
112.25 	(2) In arraignments where the defendant waives a preliminary examination .......... 
112.26 	$10.
112.27 	(3) For all other charges where the defendant stands trial or has a preliminary 
112.28 	examination by the court .......... $15.
112.29 	(e) This paragraph applies to the distribution of fines paid by defendants without a 
112.30 	court appearance in response to a citation. On or before the tenth day after the last day of 
112.31 	the month in which the money was collected, the county treasurer shall pay 80 percent 
112.32 	of the fines to the treasurer of the municipality or subdivision within the county where 
112.33 	the violation was committed. The remainder of the fines shall be credited to the general 
112.34 	revenue fund of the county.

112.35 	EFFECTIVE DATE. This section is effective July 1, 2006. 

113.1 	Sec. 46. Minnesota Statutes 2004, section 517.041, is amended to read:
113.2 	517.041 POWER TO APPOINT COURT COMMISSIONER; DUTY.
113.3 	The county court of the combined county court district of Benton and Stearns may 
113.4 	appoint as court commissioner a person who was formerly employed by that county court 
113.5 	district as a court commissioner.
113.6 	The county court of the Third or Fifth Judicial Districts District  may appoint as court 
113.7 	commissioner for Brown, Dodge, Fillmore and Olmsted Counties respectively a person 
113.8 	who was formerly employed by those counties as a court commissioner.
113.9 	The sole duty of an appointed court commissioner is to solemnize marriages.

113.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

113.11 	Sec. 47. Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read:
113.12 		Subd. 2.Minimum standards; plan. The Minnesota Supreme Court should 
113.13 	promulgate minimum standards for the implementation and administration of a parent 
113.14 	education program. The chief judge of each judicial district or a designee shall submit 
113.15 	a plan to the Minnesota conference of chief judges for their approval that is designed to 
113.16 	implement and administer a parent education program in the judicial district. The plan 
113.17 	must be consistent with the minimum standards promulgated by the Minnesota Supreme 
113.18 	Court.

113.19 	EFFECTIVE DATE. This section is effective July 1, 2006. 

113.20 	Sec. 48. Minnesota Statutes 2004, section 518B.01, is amended by adding a 
113.21 	subdivision to read:
113.22 		Subd. 19a.Entry and enforcement of foreign protective orders. (a) As used in 
113.23 	this subdivision, "foreign protective order" means an order for protection entered by 
113.24 	a court of another state; and order by an Indian tribe which includes orders entered in 
113.25 	child welfare proceedings, or United States territory that would be a protective order 
113.26 	entered under this chapter; a temporary or permanent order or protective order to exclude 
113.27 	a respondent from a dwelling; or an order that establishes conditions of release or is 
113.28 	a protective order or sentencing order in a criminal prosecution arising from a domestic 
113.29 	abuse assault if it had been entered in Minnesota.
113.30 	(b) A person for whom a foreign protection order has been issued or the issuing court 
113.31 	or tribunal may provide a certified or authenticated copy of a foreign protective order to the 
113.32 	court administrator in any county that would have venue if the original action was being 
114.1 	commenced in this state or in which the person in whose favor the order was entered may 
114.2 	be present, for filing and entering of the same into the state order for prosecution database.
114.3 	(c) The court administrator shall file and enter foreign protective orders that are 
114.4 	not certified or authenticated, if supported by an affidavit of a person with personal 
114.5 	knowledge, subject to the penalties for perjury. The person protected by the order may 
114.6 	provide this affidavit.
114.7 	(d) The court administrator shall provide copies of the order as required by this 
114.8 	section.
114.9 	(e) A valid foreign protective order has the same effect and shall be enforced in the 
114.10 	same manner as an order for protection issued in this state whether or not filed with a court 
114.11 	administrator or otherwise entered in the state order for protection database.
114.12 	(f) A foreign protective order is presumed valid if it meets all of the following:
114.13 	(1) the order states the name of the protected individual and the individual against 
114.14 	whom enforcement is sought;
114.15 	(2) the order has not expired;
114.16 	(3) the order was issued by a court or tribunal that had jurisdiction over the parties 
114.17 	and subject matter under the law of the foreign jurisdiction; and
114.18 	(4) the order was issued in accordance with the respondent's due process rights, 
114.19 	either after the respondent was provided with reasonable notice and an opportunity to be 
114.20 	heard before the court or tribunal that issued the order, or in the case of an ex parte order, 
114.21 	the respondent was granted notice and an opportunity to be heard within a reasonable 
114.22 	time after the order was issued.
114.23 	(g) Proof that a foreign protective order failed to meet all of the factors listed in 
114.24 	paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
114.25 	(h) A peace officer shall treat a foreign protective order as a valid legal document 
114.26 	and shall make an arrest for a violation of the foreign protective order in the same manner 
114.27 	that a peace officer would make an arrest for a violation of a protective order issued 
114.28 	within this state.
114.29 	(i) The fact that a foreign protective order has not been filed with the court 
114.30 	administrator or otherwise entered into the state order for protection database shall not be 
114.31 	grounds to refuse to enforce the terms of the order unless it is apparent to the officer that 
114.32 	the order is invalid on its face.
114.33 	(j) A peace officer acting reasonably and in good faith in connection with the 
114.34 	enforcement of a foreign protective order is immune from civil and criminal liability in 
114.35 	any action arising in connection with the enforcement.
114.36 	(k) Filing and service costs in connection with foreign protective orders are waived.

115.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

115.2 	Sec. 49. Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read:
115.3 		Subd. 2.Board of judicial standards review. At least annually, the board on 
115.4 	judicial standards shall review the compliance of each district, county, or municipal judge 
115.5 	with the provisions of subdivision 1. To facilitate this review, the director of the state 
115.6 	judicial information system shall notify the executive secretary of the state board on 
115.7 	judicial standards when a matter exceeds 90 days without a disposition. The board shall 
115.8 	notify the commissioner of finance of each judge not in compliance. If the board finds that 
115.9 	a judge has compelling reasons for noncompliance, it may decide not to issue the notice. 
115.10 	Upon notification that a judge is not in compliance, the commissioner of finance shall 
115.11 	not pay the salary of that judge. The board may cancel a notice of noncompliance upon 
115.12 	finding that a judge is in compliance, but in no event shall a judge be paid a salary for the 
115.13 	period in which the notification of noncompliance was in effect.

115.14 	EFFECTIVE DATE. This section is effective July 1, 2006. 

115.15 	Sec. 50. Minnesota Statutes 2004, section 595.02, subdivision 1, is amended to read:
115.16 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
115.17 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
115.18 	before any person who has authority to receive evidence, except as provided in this 
115.19 	subdivision:
115.20 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
115.21 	wife for or against her husband without his consent, nor can either, during the marriage or 
115.22 	afterwards, without the consent of the other, be examined as to any communication made 
115.23 	by one to the other during the marriage. This exception does not apply to a civil action or 
115.24 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
115.25 	committed by one against the other or against a child of either or against a child under the 
115.26 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
115.27 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
115.28 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
115.29 	neglect, dependency, or termination of parental rights.
115.30 	(b) An attorney cannot, without the consent of the attorney's client, be examined as 
115.31 	to any communication made by the client to the attorney or the attorney's advice given 
115.32 	thereon in the course of professional duty; nor can any employee of the attorney be 
115.33 	examined as to the communication or advice, without the client's consent.
116.1 	(c) A member of the clergy or other minister of any religion shall not, without the 
116.2 	consent of the party making the confession, be allowed to disclose a confession made to 
116.3 	the member of the clergy or other minister in a professional character, in the course of 
116.4 	discipline enjoined by the rules or practice of the religious body to which the member of 
116.5 	the clergy or other minister belongs; nor shall a member of the clergy or other minister 
116.6 	of any religion be examined as to any communication made to the member of the clergy 
116.7 	or other minister by any person seeking religious or spiritual advice, aid, or comfort 
116.8 	or advice given thereon in the course of the member of the clergy's or other minister's 
116.9 	professional character, without the consent of the person.
116.10 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the 
116.11 	consent of the patient, be allowed to disclose any information or any opinion based thereon 
116.12 	which the professional acquired in attending the patient in a professional capacity, and 
116.13 	which was necessary to enable the professional to act in that capacity; after the decease 
116.14 	of the patient, in an action to recover insurance benefits, where the insurance has been 
116.15 	in existence two years or more, the beneficiaries shall be deemed to be the personal 
116.16 	representatives of the deceased person for the purpose of waiving this privilege, and no 
116.17 	oral or written waiver of the privilege shall have any binding force or effect except when 
116.18 	made upon the trial or examination where the evidence is offered or received.
116.19 	(e) A public officer shall not be allowed to disclose communications made to the 
116.20 	officer in official confidence when the public interest would suffer by the disclosure.
116.21 	(f) Persons of unsound mind and persons intoxicated at the time of their production 
116.22 	for examination are not competent witnesses if they lack capacity to remember or to relate 
116.23 	truthfully facts respecting which they are examined.
116.24 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social 
116.25 	worker engaged in a psychological or social assessment or treatment of an individual at 
116.26 	the individual's request shall not, without the consent of the professional's client, be 
116.27 	allowed to disclose any information or opinion based thereon which the professional has 
116.28 	acquired in attending the client in a professional capacity, and which was necessary to 
116.29 	enable the professional to act in that capacity. Nothing in this clause exempts licensed 
116.30 	social workers from compliance with the provisions of sections  626.556 and  626.557. 
116.31 	(h) An interpreter for a person handicapped in communication shall not, without the 
116.32 	consent of the person, be allowed to disclose any communication if the communication 
116.33 	would, if the interpreter were not present, be privileged. For purposes of this section, a 
116.34 	"person handicapped in communication" means a person who, because of a hearing, speech 
116.35 	or other communication disorder, or because of the inability to speak or comprehend the 
116.36 	English language, is unable to understand the proceedings in which the person is required 
117.1 	to participate. The presence of an interpreter as an aid to communication does not destroy 
117.2 	an otherwise existing privilege.
117.3 	(i) Licensed chemical dependency counselors shall not disclose information or 
117.4 	an opinion based on the information which they acquire from persons consulting them 
117.5 	in their professional capacities, and which was necessary to enable them to act in that 
117.6 	capacity, except that they may do so:
117.7 	(1) when informed consent has been obtained in writing, except in those 
117.8 	circumstances in which not to do so would violate the law or would result in clear and 
117.9 	imminent danger to the client or others;
117.10 	(2) when the communications reveal the contemplation or ongoing commission 
117.11 	of a crime; or
117.12 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
117.13 	against the licensed professional whom that person consulted.
117.14 	(j) A parent or the parent's minor child may not be examined as to any 
117.15 	communication made in confidence by the minor to the minor's parent. A communication 
117.16 	is confidential if made out of the presence of persons not members of the child's 
117.17 	immediate family living in the same household. This exception may be waived by express 
117.18 	consent to disclosure by a parent entitled to claim the privilege or by the child who 
117.19 	made the communication or by failure of the child or parent to object when the contents 
117.20 	of a communication are demanded. This exception does not apply to a civil action or 
117.21 	proceeding by one spouse against the other or by a parent or child against the other, nor to 
117.22 	a proceeding to commit either the child or parent to whom the communication was made or 
117.23 	to place the person or property or either under the control of another because of an alleged 
117.24 	mental or physical condition, nor to a criminal action or proceeding in which the parent 
117.25 	is charged with a crime committed against the person or property of the communicating 
117.26 	child, the parent's spouse, or a child of either the parent or the parent's spouse, or in which 
117.27 	a child is charged with a crime or act of delinquency committed against the person or 
117.28 	property of a parent or a child of a parent, nor to an action or proceeding for termination of 
117.29 	parental rights, nor any other action or proceeding on a petition alleging child abuse, child 
117.30 	neglect, abandonment or nonsupport by a parent.
117.31 	(k) Sexual assault counselors may not be compelled to testify aboutallowed to 
117.32 	disclose any opinion or information received from or about the victim without the consent 
117.33 	of the victim. However, a counselor may be compelled to identify or disclose information 
117.34 	in investigations or proceedings related to neglect or termination of parental rights if the 
117.35 	court determines good cause exists. In determining whether to compel disclosure, the 
117.36 	court shall weigh the public interest and need for disclosure against the effect on the 
118.1 	victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing 
118.2 	in this clause exempts sexual assault counselors from compliance with the provisions 
118.3 	of sections  626.556 and  626.557. 
118.4 	"Sexual assault counselor" for the purpose of this section means a person who has 
118.5 	undergone at least 40 hours of crisis counseling training and works under the direction 
118.6 	of a supervisor in a crisis center, whose primary purpose is to render advice, counseling, 
118.7 	or assistance to victims of sexual assault.
118.8 	(l) A person cannot be examined as to any communication or document, including 
118.9 	worknotes, made or used in the course of or because of mediation pursuant to an 
118.10 	agreement to mediate. This does not apply to the parties in the dispute in an application 
118.11 	to a court by a party to have a mediated settlement agreement set aside or reformed. 
118.12 	A communication or document otherwise not privileged does not become privileged 
118.13 	because of this paragraph. This paragraph is not intended to limit the privilege accorded 
118.14 	to communication during mediation by the common law.
118.15 	(m) A child under ten years of age is a competent witness unless the court finds that 
118.16 	the child lacks the capacity to remember or to relate truthfully facts respecting which the 
118.17 	child is examined. A child describing any act or event may use language appropriate for 
118.18 	a child of that age.
118.19 	(n) A communication assistant for a telecommunications relay system for 
118.20 	communication-impaired persons shall not, without the consent of the person making the 
118.21 	communication, be allowed to disclose communications made to the communication 
118.22 	assistant for the purpose of relaying.

118.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

118.24 	Sec. 51. Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read:
118.25 		Subd. 4.Minimum fines; other crimes. Notwithstanding any other law:
118.26 	(1) when a court sentences a person convicted of a felony that is not listed in 
118.27 	subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
118.28 	authorized by law nor more than the maximum fine authorized by law; and
118.29 	(2) when a court sentences a person convicted of a gross misdemeanor or 
118.30 	misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
118.31 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
118.32 	authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
118.33 	established by the conference of chief judges Judicial Council in consultation with affected 
118.34 	state and local agencies. This schedule shall be promulgated not later than September 1 of 
119.1 	each year and shall become effective on January 1 of the next year unless the legislature, 
119.2 	by law, provides otherwise.
119.3 	The minimum fine required by this subdivision is in addition to the surcharge or 
119.4 	assessment required by section  357.021, subdivision 6, and is in addition to any sentence 
119.5 	of imprisonment or restitution imposed or ordered by the court. 
119.6 	The court shall collect the fines mandated in this subdivision and, except for fines for 
119.7 	traffic and motor vehicle violations governed by section  169.871 and section  299D.03 and 
119.8 	fish and game violations governed by section  97A.065, forward 20 percent of the revenues 
119.9 	to the commissioner of finance for deposit in the general fund. 

119.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

119.11 	Sec. 52. Minnesota Statutes 2004, section 611.14, is amended to read:
119.12 	611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
119.13 	The following persons who are financially unable to obtain counsel are entitled to be 
119.14 	represented by a public defender:
119.15 	(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a 
119.16 	person charged under sections  629.01 to  629.29; 
119.17 	(2) a person appealing from a conviction of a felony or gross misdemeanor, or 
119.18 	a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction 
119.19 	proceeding and who has not already had a direct appeal of the conviction, but if the person 
119.20 	pled guilty and received a presumptive sentence or a downward departure in sentence, 
119.21 	and the state public defender reviewed the person's case and determined that there was no 
119.22 	basis for an appeal of the conviction or of the sentence, then the state public defender may 
119.23 	decline to represent the person in a postconviction remedy case;
119.24 	(3) a person who is entitled to be represented by counsel under section  609.14, 
119.25 	subdivision 2; or 
119.26 	(4) a minor ten years of age or older who is entitled to be represented by counsel 
119.27 	under section  260B.163, subdivision 4, or  260C.163, subdivision 3.; or
119.28 	(5) a custodial parent who is entitled to be represented by counsel under section 
119.29 	260C.163, subdivision 3, or, if there is no custodial parent, the guardian or the custodian 
119.30 	of the child, except that in cases governed by the Indian Child Welfare Act, the district 
119.31 	public defender may represent both parents regardless of whether they have custody of the 
119.32 	child, or the guardian or custodian of the child.
119.33 	The Board of Public Defense must not provide or pay for public defender services to 
119.34 	persons other than those entitled to representation under this section.

120.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

120.2 	Sec. 53. Minnesota Statutes 2004, section 611.16, is amended to read:
120.3 	611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
120.4 	Any person described in section  611.14 or any other person entitled by law to 
120.5 	representation by counsel, may at any time request the court in which the matter is pending, 
120.6 	or the court in which the conviction occurred, to appoint a public defender to represent 
120.7 	the person. In a proceeding defined by clause (2) of section  611.14, application for the 
120.8 	appointment of a public defender may also be made to a judge of the Supreme Court. 

120.9 	EFFECTIVE DATE. This section is effective July 1, 2006.

120.10 	Sec. 54. Minnesota Statutes 2004, section 611.18, is amended to read:
120.11 	611.18 APPOINTMENT OF PUBLIC DEFENDER.
120.12 	If it appears to a court that a person requesting the appointment of counsel satisfies 
120.13 	the requirements of this chapter, the court shall order the appropriate public defender to 
120.14 	represent the person at all further stages of the proceeding through appeal, if any. For a 
120.15 	person appealing from a conviction, or a person pursuing a postconviction proceeding 
120.16 	and who has not already had a direct appeal of the conviction, according to the standards 
120.17 	of sections  611.14 and  611.25, subdivision 1, paragraph (a), clause (2), the state public 
120.18 	defender shall be appointed. For a person covered by section  611.14, clause (1), (3), 
120.19 	(4), or (5), a district public defender shall be appointed to represent that person. If (a) 
120.20 	conflicting interests exist, (b) thedistrict public defender for any other reason is unable 
120.21 	to act, or (c) the interests of justice require, the state public defender may be ordered to 
120.22 	represent a person. When the state public defender is directed by a court to represent a 
120.23 	defendant or other person, the state public defender may assign the representation to 
120.24 	any district public defender. If at any stage of the proceedings, including an appeal, the 
120.25 	court finds that the defendant is financially unable to pay counsel whom the defendant 
120.26 	had retained, the court may appoint the appropriate public defender to represent the 
120.27 	defendant, as provided in this section. Prior to any court appearance, a public defender 
120.28 	may represent a person accused of violating the law, who appears to be financially unable 
120.29 	to obtain counsel, and shall continue to represent the person unless it is subsequently 
120.30 	determined that the person is financially able to obtain counsel. The representation may 
120.31 	be made available at the discretion of the public defender, upon the request of the person 
120.32 	or someone on the person's behalf. Any law enforcement officer may notify the public 
120.33 	defender of the arrest of any such person. 

121.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

121.2 	Sec. 55. Minnesota Statutes 2004, section 611.25, subdivision 1, is amended to read:
121.3 		Subdivision 1.Representation. (a) The state public defender shall represent, 
121.4 	without charge:
121.5 	(1) a defendant or other person appealing from a conviction of a felony or gross 
121.6 	misdemeanor;
121.7 	(2) a person convicted of a felony or gross misdemeanor who is pursuing a 
121.8 	postconviction proceeding and who has not already had a direct appeal of the conviction, 
121.9 	but if the person pled guilty and received a presumptive sentence or a downward departure 
121.10 	in sentence, and the state public defender reviewed the person's case and determined that 
121.11 	there was no basis for an appeal of the conviction or of the sentence, then the state public 
121.12 	defender may decline to represent the person in a postconviction remedy case; and
121.13 	(3) a child who is appealing from a delinquency adjudication or from an extended 
121.14 	jurisdiction juvenile conviction.
121.15 	(b) The state public defender may represent, without charge, all other persons 
121.16 	pursuing a postconviction remedy under section  590.01, who are financially unable 
121.17 	to obtain counsel. 
121.18 	(c) The state public defender shall represent any other person, who is financially 
121.19 	unable to obtain counsel, when directed to do so by the Supreme Court or the Court of 
121.20 	Appeals, except that The state public defender shall not represent a person in any action or 
121.21 	proceeding in which a party is seeking a monetary judgment, recovery or award. When 
121.22 	requested by a district public defender or appointed counsel, the state public defender 
121.23 	may assist the district public defender, appointed counsel, or an organization designated 
121.24 	in section  611.216 in the performance of duties, including trial representation in matters 
121.25 	involving legal conflicts of interest or other special circumstances, and assistance with 
121.26 	legal research and brief preparation. When the state public defender is directed by a 
121.27 	court to represent a defendant or other person, the state public defender may assign the 
121.28 	representation to any district public defender. 

121.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

121.30 	Sec. 56. Minnesota Statutes 2004, section 611.26, subdivision 6, is amended to read:
121.31 		Subd. 6.Persons defended. The district public defender shall represent, without 
121.32 	charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when 
121.33 	so directed by the district court. The district public defender shall also represent a minor 
121.34 	ten years of age or older in the juvenile court when so directed by the juvenile court. The 
122.1 	district public defender must not serve as advisory counsel. The juvenile court may not 
122.2 	order the district public defender to represent a minor who is under the age of ten years, 
122.3 	to serve as a guardian ad litem, or to represent a guardian ad litem. The district public 
122.4 	defender shall represent a custodial parent in the juvenile court under section 260C.163, 
122.5 	subdivision 3, or, if there is no custodial parent, the guardian or the custodian of the child, 
122.6 	when so directed by the juvenile court, except that in cases governed by the Indian Child 
122.7 	Welfare Act, the district public defender may represent both parents regardless of whether 
122.8 	they have custody of the child, or the guardian or custodian of the child.

122.9 	EFFECTIVE DATE. This section is effective July 1, 2006.

122.10 	Sec. 57. Minnesota Statutes 2004, section 629.74, is amended to read:
122.11 	629.74 PRETRIAL BAIL EVALUATION.
122.12 	The local corrections department or its designee shall conduct a pretrial bail 
122.13 	evaluation of each defendant arrested and detained for committing a crime of violence 
122.14 	as defined in section  624.712, subdivision 5, a gross misdemeanor violation of section  
122.15 	609.224 or  609.2242, or a nonfelony violation of section  518B.01,  609.2231,  609.3451,  
122.16 	609.748, or  609.749. In cases where the defendant requests appointed counsel, the 
122.17 	evaluation shall include completion of the financial statement required by section  
122.18 	611.17. The local corrections department shall be reimbursed $25 by the Department of 
122.19 	Corrections for each evaluation performed. The conference of chief judges, Judicial 
122.20 	Council in consultation with the Department of Corrections, shall approve the pretrial 
122.21 	evaluation form to be used in each county. 

122.22 	EFFECTIVE DATE. This section is effective July 1, 2006. 

122.23 	Sec. 58. Minnesota Statutes 2004, section 641.25, is amended to read:
122.24 	641.25 DISTRICT JAILS; HOW DESIGNATED.
122.25 	The commissioner of corrections, with the consent of the county board, may 
122.26 	designate any suitable jail in the state as a district jail, to be used for the detention of 
122.27 	prisoners from other counties in addition to those of its own. If the jail or its management 
122.28 	becomes unfit for that purpose, the commissioner may rescind its designation. Whenever 
122.29 	there is no sufficient jail in any county, the examining county or municipal judge, or upon 
122.30 	the judge's own motion, or the judge of the district court, upon application of the sheriff, 
122.31 	may order any person charged with a criminal offense committed to a sufficient jail in 
122.32 	some other county. If there is a district jail in the judicial district, the charged person shall 
122.33 	be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the 
123.1 	county containing the district jail, on presentation of the order, shall receive, keep in 
123.2 	custody, and deliver the charged person up upon the order of the court or a judge.

123.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

123.4 	Sec. 59. Laws 2002, chapter 266, section 1,  as amended by Laws 2004, chapter 290, 
123.5 	section 38, is amended to read:
123.6 	Section 1.  DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 
123.7 	EXTENSION.
123.8 	
123.9 	The fourth judicial district may extend the duration of the  pilot project authorized 
123.10 	by Laws 1999, chapter 216, article 2,  section 27, and Laws 2000, chapter 468, sections 
123.11 	29 to 32, until  December 31,  2006 2008.  If the pilot project is extended, the  domestic 
123.12 	fatality review team shall submit a report on the  project to the legislature by January 
123.13 	15,  2007 2009.  

123.14 	EFFECTIVE DATE. This section is effective the day following final enactment. 

123.15 	Sec. 60. UNCOLLECTED FINES AND PENALTIES TASK FORCE.
 123.16 	(a) A task force is created to study issues relating to uncollected fines, surcharges, 
123.17 	court costs, fees, and penalties owed to the state and to units of local government. The 
123.18 	task force consists of: 
123.19 	(1) two members of the house of representatives, one from each caucus, appointed 
123.20 	by the speaker; 
123.21 	(2) two senators, one from each caucus, appointed according to the rules of the 
123.22 	senate; 
123.23 	(3) one representative of county commissioners, one representative of county 
123.24 	sheriffs, one representative each from the departments of public safety and revenue, and 
123.25 	four public members, all appointed by the governor; and 
123.26 	(4) one representative of the court administration system, appointed by the chief 
123.27 	justice of the Supreme Court. 
123.28 	(b) The task force shall study issues relating to uncollected fines, surcharges, court 
123.29 	costs, fees, and penalties owed to the state and units of local government. The task force 
123.30 	must recommend changes in law and administrative practices necessary to improve 
123.31 	collection. The task force must report its recommendations to the legislature by January 
123.32 	15, 2007. The task force expires when it submits its recommendations. 
124.1 	(c) The Legislative Coordinating Commission and the Department of Administration 
124.2 	must provide administrative support to the task force. 

124.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

124.4 	Sec. 61.  REPEALER.
 124.5 	Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions 
124.6 	2 and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8; 
124.7 	485.12; 487.01; 487.02; 487.03; 487.04; 487.07; 487.10, subdivisions 1 and 4; 487.13; 
124.8 	487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 487.20, subdivision 1; 487.21, 
124.9 	subdivisions 1, 2, and 4; 487.23, subdivisions 1, 2, 3, 7a, and 7b; 487.24; 487.25, 
124.10 	subdivision 6; 487.26, subdivisions 2 and 6; 487.27, subdivision 1; 487.28, subdivision 
124.11 	1; 487.29; 487.31, subdivision 1; 487.32, subdivision 3; 487.33, subdivisions 2 and 6; 
124.12 	487.34; 487.36; 487.37; 487.38; 487.40, subdivisions 1 and 1a; 488A.01, subdivisions 1, 
124.13 	4a, 12, 14, and 15; 488A.021; 488A.025; 488A.03, subdivisions 11a and 11b; 488A.035; 
124.14 	488A.04; 488A.08; 488A.09, subdivisions 1, 2, 3, and 7; 488A.10, subdivisions 6 and 11; 
124.15 	488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 488A.18, 
124.16 	subdivisions 1, 4, and 14; 488A.19, subdivisions 1 and 3; 488A.20, subdivisions 1 and 
124.17 	4; 488A.21; 488A.23; 488A.24; 488A.26, subdivisions 1 and 2; 488A.27, subdivision 
124.18 	6; 488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 
124.19 	525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 
124.20 	525.081; 525.082; 525.09; 525.091; 525.092; 525.095; 525.101; 525.103; 525.11; 
124.21 	525.111; 525.112; 525.113; 542.14; 549.05; and 625.09, and Minnesota Statutes 2005 
124.22 	Supplement, sections 353.027; and 485.03, are repealed.

124.23 	EFFECTIVE DATE. This section is effective July 1, 2006. 

124.24 	ARTICLE 7
124.25 	EMERGENCY COMMUNICATIONS

124.26 	Section 1. Minnesota Statutes 2004, section 237.49, is amended to read:
124.27 	237.49 COMBINED LOCAL ACCESS SURCHARGE.
124.28 	Each local telephone company shall collect from each subscriber an amount per 
124.29 	telephone access line representing the total of the surcharges required under sections  
124.30 	237.52,  237.70, and  403.11. Amounts collected must be remitted to the commissioner 
124.31 	of public safety in the manner prescribed in section  403.11. The commissioner of public 
124.32 	safety shall divide the amounts received proportional to the individual surcharges and 
125.1 	deposit them in the appropriate accounts. The commissioner of public safety may recover 
125.2 	from the agencies receiving the surcharges the personnel and administrative costs to 
125.3 	collect and distribute the surcharge. A company or the billing agent for a company shall 
125.4 	list the surcharges as one amount on a billing statement sent to a subscriber. 

125.5 	EFFECTIVE DATE. This section is effective July 1, 2006. 

125.6 	Sec. 2. Minnesota Statutes 2004, section 403.02, is amended by adding a subdivision 
125.7 	to read:
125.8 		Subd. 19a.Secondary public safety answering point. "Secondary public safety 
125.9 	answering point" means a communications facility that: (1) is operated on a 24-hour basis, 
125.10 	in which a minimum of three public safety answering points (PSAP's) route calls for 
125.11 	postdispatch or prearrival instructions, (2) receives calls directly from medical facilities to 
125.12 	reduce call volume at the PSAP's, and (3) is able to receive 911 calls routed to it from a 
125.13 	PSAP when the PSAP is unable to receive or answer 911 calls.

125.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

125.15 	Sec. 3. Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is 
125.16 	amended to read:
125.17 		Subd. 7.Contractual requirements. (a) The state, together shall contract with 
125.18 	the county or other governmental agencies operating public safety answering points, 
125.19 	shall contract and with the appropriate wire-line telecommunications service providers or 
125.20 	other entities determined by the commissioner to be capable of providing effective and 
125.21 	efficient components of the 911 system for the operation, maintenance, enhancement, 
125.22 	and expansion of the 911 system.
125.23 	(b) The state shall contract with the appropriate wireless telecommunications service 
125.24 	providers for maintaining, enhancing, and expanding the 911 system.
125.25 	(c) The contract language or subsequent amendments to the contract must include 
125.26 	a description of the services to be furnished to the county or other governmental 
125.27 	agencies operating public safety answering points. The contract language or subsequent 
125.28 	amendments must include the terms of compensation based on the effective tariff or price 
125.29 	list filed with the Public Utilities Commission or the prices agreed to by the parties.
125.30 	(d) The contract language or subsequent amendments to contracts between the 
125.31 	parties must contain a provision for resolving disputes.

125.32 	EFFECTIVE DATE. This section is effective July 1, 2006. 

126.1 	Sec. 4. Minnesota Statutes 2005 Supplement, section 403.05, subdivision 3, is 
126.2 	amended to read:
126.3 		Subd. 3.Agreements for service. Each county and or any other governmental 
126.4 	agency shall contract with the state and wire-line telecommunications service providers or 
126.5 	other entities determined by the commissioner to be capable of providing effective and 
126.6 	efficient components of the 911 system for the recurring and nonrecurring costs associated 
126.7 	with operating and maintaining 911 emergency communications systems. If requested by 
126.8 	the county or other governmental agency, the county or agency is entitled to be a party to 
126.9 	any contract between the state and any wire-line telecommunications service provider or 
126.10 	911 emergency telecommunications service provider providing components of the 911 
126.11 	system within the county.

126.12 	EFFECTIVE DATE. This section is effective July 1, 2006. 

126.13 	Sec. 5. Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to read:
126.14 		Subd. 7.Duties. Each wireless telecommunications service provider shall cooperate 
126.15 	in planning and implementing integration with enhanced 911 systems operating in 
126.16 	their service territories to meet Federal Communications Commission-enhanced 911 
126.17 	standards. By August 1, 1997, each 911 emergency telecommunications service 
126.18 	provider operating enhanced 911 systems, in cooperation with each involved Each
126.19 	wireless telecommunications service provider, shall annually develop and provide to the 
126.20 	commissioner good-faith estimates of installation and recurring expenses to integrate 
126.21 	wireless 911 service into the enhanced 911 networks to meet Federal Communications 
126.22 	Commission phase one wireless enhanced 911 standards. The commissioner shall 
126.23 	coordinate with counties and affected public safety agency representatives in developing a 
126.24 	statewide design and plan for implementation.

126.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

126.26 	Sec. 6. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is 
126.27 	amended to read:
126.28 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each 
126.29 	customer of a wireless or wire-line switched or packet-based telecommunications service 
126.30 	provider connected to the public switched telephone network that furnishes service capable 
126.31 	of originating a 911 emergency telephone call is assessed a fee based upon the number 
126.32 	of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
126.33 	maintenance and related improvements for trunking and central office switching equipment 
127.1 	for 911 emergency telecommunications service, plus to offset administrative and staffing 
127.2 	costs of the commissioner related to managing the 911 emergency telecommunications 
127.3 	service program. Recurring charges by a wire-line telecommunications service provider 
127.4 	for updating the information required by section 403.07, subdivision 3, must be paid by 
127.5 	the commissioner if the wire-line telecommunications service provider is included in an 
127.6 	approved 911 plan and the charges are made pursuant to contract. The fee assessed under 
127.7 	this section must also be used for the purpose of offsetting, to make distributions provided 
127.8 	for in section 403.113, and to offset  the costs, including administrative and staffing costs, 
127.9 	incurred by the State Patrol Division of the Department of Public Safety in handling 911 
127.10 	emergency calls made from wireless phones.
127.11 	(b) Money remaining in the 911 emergency telecommunications service account 
127.12 	after all other obligations are paid must not cancel and is carried forward to subsequent 
127.13 	years and may be appropriated from time to time to the commissioner to provide financial 
127.14 	assistance to counties for the improvement of local emergency telecommunications 
127.15 	services. The improvements may include providing access to 911 service for 
127.16 	telecommunications service subscribers currently without access and upgrading existing 
127.17 	911 service to include automatic number identification, local location identification, 
127.18 	automatic location identification, and other improvements specified in revised county 
127.19 	911 plans approved by the commissioner.
127.20 	(c) The fee may not be less than eight cents nor more than 65 cents a month for 
127.21 	each customer access line or other basic access service, including trunk equivalents as 
127.22 	designated by the Public Utilities Commission for access charge purposes and including 
127.23 	wireless telecommunications services. With the approval of the commissioner of finance, 
127.24 	the commissioner of public safety shall establish the amount of the fee within the limits 
127.25 	specified and inform the companies and carriers of the amount to be collected. When the 
127.26 	revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
127.27 	defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
127.28 	no longer needed. The commissioner shall provide companies and carriers a minimum of 
127.29 	45 days' notice of each fee change. The fee must be the same for all customers.
127.30 	(d) The fee must be collected by each wireless or wire-line telecommunications 
127.31 	service provider subject to the fee. Fees are payable to and must be submitted to the 
127.32 	commissioner monthly before the 25th of each month following the month of collection, 
127.33 	except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
127.34 	less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
127.35 	to a 911 emergency telecommunications service account in the special revenue fund. The 
127.36 	money in the account may only be used for 911 telecommunications services.
128.1 	(e) This subdivision does not apply to customers of interexchange carriers.
128.2 	(f) The installation and recurring charges for integrating wireless 911 calls into 
128.3 	enhanced 911 systems must be paid are eligible for payment by the commissioner if the 
128.4 	911 service provider is included in the statewide design plan and the charges are made 
128.5 	pursuant to contract.
128.6 	(g) Competitive local exchanges carriers holding certificates of authority from the 
128.7 	Public Utilities Commission are eligible to receive payment for recurring 911 services.

128.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

128.9 	Sec. 7. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is 
128.10 	amended to read:
128.11 		Subd. 3.Method of payment. (a) Any wireless or wire-line telecommunications 
128.12 	service provider incurring reimbursable costs under subdivision 1 shall submit an 
128.13 	invoice itemizing rate elements by county or service area to the commissioner for 911 
128.14 	services furnished under contract. Any wireless or wire-line telecommunications service 
128.15 	provider is eligible to receive payment for 911 services rendered according to the terms 
128.16 	and conditions specified in the contract. Competitive local exchange carriers holding 
128.17 	certificates of authority from the Public Utilities Commission are eligible to receive 
128.18 	payment for recurring 911 services provided after July 1, 2001. The commissioner shall 
128.19 	pay the invoice within 30 days following receipt of the invoice unless the commissioner 
128.20 	notifies the service provider that the commissioner disputes the invoice.
128.21 	(b) The commissioner shall estimate the amount required to reimburse 
128.22 	911 emergency telecommunications service providers and wireless and wire-line 
128.23 	telecommunications service providers for the state's obligations under subdivision 1 and 
128.24 	the governor shall include the estimated amount in the biennial budget request.

128.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

128.26 	Sec. 8. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is 
128.27 	amended to read:
128.28 		Subd. 3a.Timely certification invoices. A certification An invoice for services 
128.29 	provided for in the contract with a wireless or wire-line telecommunications service 
128.30 	provider must be submitted to the commissioner no later than one year 90 days after 
128.31 	commencing a new or additional eligible 911 service. Each applicable contract must 
128.32 	provide that, if certified expenses under the contract deviate from estimates in the contract 
129.1 	by more than ten percent, the commissioner may reduce the level of service without 
129.2 	incurring any termination fees.

129.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

129.4 	Sec. 9. Minnesota Statutes 2004, section 403.11, subdivision 3b, is amended to read:
129.5 		Subd. 3b.Certification Declaration. All If the commissioner disputes an invoice 
129.6 	in writing, the wireless and wire-line telecommunications service providers shall submit 
129.7 	a self-certification form declaration under section 16A.41 signed by an officer of the 
129.8 	company to the commissioner with the invoices for payment of an initial or changed
129.9 	service described in the service provider's 911 contract. The self-certification shallsworn 
129.10 	declaration must specifically describe and affirm that the 911 service contracted for is being 
129.11 	provided and the costs invoiced for the service are true and correct. All certifications are 
129.12 	subject to verification and audit. When a wireless or wire-line telecommunications service 
129.13 	provider fails to provide a sworn declaration within 90 days of notice by the commissioner 
129.14 	that the invoice is disputed, the disputed amount of the invoice must be disallowed.

129.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

129.16 	Sec. 10. Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to read:
129.17 		Subd. 3c.Audit. If the commissioner determines that an audit is necessary to 
129.18 	document the certification described invoice and sworn declaration in subdivision 3b, 
129.19 	the wireless or wire-line telecommunications service provider must contract with an 
129.20 	independent certified public accountant to conduct the audit. The audit must be conducted 
129.21 	according to generally accepted accounting principles. The wireless or wire-line 
129.22 	telecommunications service provider is responsible for any costs associated with the audit.

129.23 	EFFECTIVE DATE. This section is effective July 1, 2006. 

129.24 	Sec. 11. Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is 
129.25 	amended to read:
129.26 		Subdivision 1.Fee. (a) Each customer receiving service from a wireless or 
129.27 	wire-line switched or packet-based telecommunications service provider connected to the 
129.28 	public telephone network that furnishes service capable of originating a 911 emergency 
129.29 	telephone call is assessed a feeA portion of the fee collected under section 403.11 must be 
129.30 	used to fund implementation, operation, maintenance, enhancement, and expansion of 
129.31 	enhanced 911 service, including acquisition of necessary equipment and the costs of the 
129.32 	commissioner to administer the program. The actual fee assessed under section 403.11
130.1 	and the enhanced 911 service fee must be collected as one amount and may not exceed the 
130.2 	amount specified in section 403.11, subdivision 1, paragraph (c).
130.3 	(b) The enhanced 911 service fee must be collected and deposited in the same 
130.4 	manner as the fee in section 403.11 and used solely for the purposes of paragraph (a) 
130.5 	and subdivision 3.
130.6 	(c) The commissioner, in consultation with counties and 911 system users, shall 
130.7 	determine the amount of the enhanced 911 service fee. The commissioner shall inform 
130.8 	wireless and wire-line telecommunications service providers that provide service capable 
130.9 	of originating a 911 emergency telephone call of the total amount of the 911 service fees 
130.10 	in the same manner as provided in section 403.11.

130.11 	EFFECTIVE DATE. This section is effective July 1, 2006. 

130.12 	Sec. 12. Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to read:
130.13 		Subd. 3.Local expenditures. (a) Money distributed under subdivision 2 for 
130.14 	enhanced 911 service may be spent on enhanced 911 system costs for the purposes 
130.15 	stated in subdivision 1, paragraph (a). In addition, money may be spent to lease, 
130.16 	purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone 
130.17 	equipment; recording equipment; computer hardware; computer software for database 
130.18 	provisioning, addressing, mapping, and any other software necessary for automatic 
130.19 	location identification or local location identification; trunk lines; selective routing 
130.20 	equipment; the master street address guide; dispatcher public safety answering point 
130.21 	equipment proficiency and operational skills; pay for long-distance charges incurred due 
130.22 	to transferring 911 calls to other jurisdictions; and the equipment necessary within the 
130.23 	public safety answering point for community alert systems and to notify and communicate 
130.24 	with the emergency services requested by the 911 caller.
130.25 	(b) Money distributed for enhanced 911 service may not be spent on:
130.26 	(1) purchasing or leasing of real estate or cosmetic additions to or remodeling of 
130.27 	communications centers;
130.28 	(2) mobile communications vehicles, fire engines, ambulances, law enforcement 
130.29 	vehicles, or other emergency vehicles;
130.30 	(3) signs, posts, or other markers related to addressing or any costs associated with 
130.31 	the installation or maintenance of signs, posts, or markers.

130.32 	EFFECTIVE DATE. This section is effective July 1, 2006. 

130.33 	Sec. 13. Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to read:
131.1 		Subd. 2.Board. "Board" or "radio board" or "Metropolitan Radio Board" means the 
131.2 	Metropolitan Statewide Radio Board or its successor regional radio board.

131.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

131.4 	Sec. 14. Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to read:
131.5 		Subd. 7.Plan. "Plan" or "regionwide public safety radio system communication 
131.6 	plan" means the a plan adopted by the Metropolitan Radio Board for a regionwide public 
131.7 	safety radio communications system. a regional radio board.

131.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

131.9 	Sec. 15. Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is 
131.10 	amended to read:
131.11 		Subd. 8.Subsystems. "Subsystems" or "public safety radio subsystems" means 
131.12 	systems identified in the plan or a plan developed under section 403.36 as subsystems 
131.13 	interconnected by the system backbone and operated by the Metropolitan Radio Board, a 
131.14 	regional radio board, or local government units for their own internal operations.

131.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

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

131.23 	Sec. 17. Minnesota Statutes 2004, section 403.33, is amended to read:
131.24 	403.33 LOCAL PLANNING.
131.25 		Subdivision 1.County planning process. (a) No later than two years from May 
131.26 	22, 1995, each metropolitan county shall undertake and complete a planning process 
131.27 	for its public safety radio subsystem to ensure participation by representatives of local 
131.28 	government units, quasi-public service organizations, and private entities eligible to use 
131.29 	the regional public safety radio system and to ensure coordination and planning of the 
132.1 	local subsystems. Local governments and other eligible users shall cooperate with the 
132.2 	county in its preparation of the subsystem plan to ensure that local needs are met.
132.3 	(b) The regional radio board for the metropolitan area shall encourage the 
132.4 	establishment by each metropolitan county of local public safety radio subsystem 
132.5 	committees composed of representatives of local governments and other eligible users 
132.6 	for the purposes of:
132.7 	(1) establishing a plan for coordinated and timely use of the regionwide public safety 
132.8 	radio system by the local governments and other eligible users within each metropolitan 
132.9 	county; and
132.10 	(2) assisting and advising the regional radio board for the metropolitan area in its 
132.11 	implementation of the regional public safety radio plan by identification of local service 
132.12 	needs and objectives.
132.13 	(c) The regional radio board for the metropolitan area shall also encourage the 
132.14 	establishment of joint or multicounty planning for the regionwide public safety radio 
132.15 	system and subsystems.
132.16 	(d) The regional radio board for the metropolitan area may provide local boards with 
132.17 	whatever assistance it deems necessary and appropriate.
132.18 	(e) No metropolitan county or city of the first class shall be required to undertake a 
132.19 	technical subsystem design to meet the planning process requirements of this subdivision 
132.20 	or subdivision 2.
132.21 		Subd. 2.Cities of first class; planning process. Each city of the first class in the 
132.22 	metropolitan counties shall have the option to participate in the county public safety radio 
132.23 	subsystem planning process or develop its own plan.
132.24 		Subd. 3.Submission of plans to board. Each metropolitan county and each city 
132.25 	of the first class in the metropolitan area which has chosen to develop its own plan shall 
132.26 	submit the plan to the regional radio board for the metropolitan area for the board's review 
132.27 	and approval.
132.28 		Subd. 4.Local government joinder. Local government units, except for cities of 
132.29 	the first class, quasi-public service organizations, and private entities eligible to use the 
132.30 	regional public safety radio system cannot join the system until its county plan has been 
132.31 	approved by the regional radio board for the metropolitan area.

132.32 	EFFECTIVE DATE. This section is effective July 1, 2006. 

132.33 	Sec. 18. Minnesota Statutes 2004, section 403.34, is amended to read:
132.34 	403.34 OPTIONAL LOCAL USE OF REGIONAL STATEWIDE SYSTEM.
133.1 		Subdivision 1.Options. Use of the regionalstatewide public safety radio system 
133.2 	by local governments, quasi-public service organizations, and private entities eligible to 
133.3 	use the system shall be optional and no local government or other eligible user of the 
133.4 	system shall be required to abandon or modify current public safety radio communication 
133.5 	systems or purchase new equipment until the local government or other eligible user 
133.6 	elects to join the system. Public safety radio communication service to local governments 
133.7 	and other eligible users who do not initially join the system shall not be interrupted. No 
133.8 	local government or other eligible users who do not join the system shall be charged a 
133.9 	user fee for the use of the system.
133.10 		Subd. 2.Requirements to join. Local governments and other entities eligible to 
133.11 	join the regionalstatewide  public safety radio system which elect to join the system must 
133.12 	do so in accordance with and meet the requirements of the provisions of the plan adopted 
133.13 	by the radio board as provided in section  403.23, subdivision 2 403.36. 

133.14 	EFFECTIVE DATE. This section is effective July 1, 2006. 

133.15 	Sec. 19. Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is 
133.16 	amended to read:
133.17 		Subdivision 1.Membership. (a) The commissioner of public safety shall convene 
133.18 	and chair the Statewide Radio Board to develop a project plan for a statewide, shared, 
133.19 	trunked public safety radio communication system. The system may be referred to as 
133.20 	"Allied Radio Matrix for Emergency Response," or "ARMER."
133.21 	(b) The board consists of the following members or their designees:
133.22 	(1) the commissioner of public safety;
133.23 	(2) the commissioner of transportation;
133.24 	(3) the state chief information officer;
133.25 	(4) the commissioner of natural resources;
133.26 	(5) the chief of the Minnesota State Patrol;
133.27 	(6) the commissioner of health;
133.28 	(7)(6) the commissioner of finance;
133.29 	(7) the chair of the Metropolitan Council;
133.30 	(8) two elected city officials, one from the nine-county metropolitan area and one 
133.31 	from Greater Minnesota, appointed by the governing body of the League of Minnesota 
133.32 	Cities;
133.33 	(9) two elected county officials, one from the nine-county metropolitan area and 
133.34 	one from Greater Minnesota, appointed by the governing body of the Association of 
133.35 	Minnesota Counties;
134.1 	(10) two sheriffs, one from the nine-county metropolitan area and one from Greater 
134.2 	Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
134.3 	(11) two chiefs of police, one from the nine-county metropolitan area and one from 
134.4 	Greater Minnesota, appointed by the governor after considering recommendations made 
134.5 	by the Minnesota Chiefs' of Police Association;
134.6 	(12) two fire chiefs, one from the nine-county metropolitan area and one from 
134.7 	Greater Minnesota, appointed by the governor after considering recommendations made 
134.8 	by the Minnesota Fire Chiefs' Association;
134.9 	(13) two representatives of emergency medical service providers, one from the 
134.10 	nine-county metropolitan area and one from Greater Minnesota, appointed by the governor 
134.11 	after considering recommendations made by the Minnesota Ambulance Association;
134.12 	(14) the chair of the Metropolitan regional  radio board for the metropolitan area; and
134.13 	(15) a representative of Greater Minnesota elected by those units of government in 
134.14 	phase three and any subsequent phase of development as defined in the statewide, shared 
134.15 	radio and communication plan, who have submitted a plan to the Statewide Radio Board 
134.16 	and where development has been initiated.
134.17 	(c) The Statewide Radio Board shall coordinate the appointment of board members 
134.18 	representing Greater Minnesota with the appointing authorities and may designate the 
134.19 	geographic region or regions from which an appointed board member is selected where 
134.20 	necessary to provide representation from throughout the state.

134.21 	EFFECTIVE DATE. This section is effective July 1, 2006. 

134.22 	Sec. 20. Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to read:
134.23 		Subd. 1f.Advisory groups. (a) The Statewide Radio Board shall establish one or 
134.24 	more advisory groups for the purpose of advising on the plan, design, implementation, and 
134.25 	administration of the statewide, shared trunked radio and communication system.
134.26 	(b) At least one such group must consist of the following members:
134.27 	(1) the chair of the Metropolitan Radio Board and the chair of each regional radio 
134.28 	board or, if no regional radio board has been formed, a representative of each region of 
134.29 	development as defined in the statewide, shared, trunked radio and communication plan, 
134.30 	once planning and development have been initiated for the region, or a designee;
134.31 	(2) the chief of the Minnesota State Patrol or a designee;
134.32 	(3) a representative of the Minnesota State Sheriffs' Association;
134.33 	(4) a representative of the Minnesota Chiefs of Police Association;
134.34 	(5) a representative of the Minnesota Fire Chiefs' Association; and
134.35 	(6) a representative of the Emergency Medical Services Board.

135.1 	Sec. 21.  REPEALER.
 135.2 	Minnesota Statutes 2004, section 403.08, subdivision 8; 403.22; 403.23; 403.24; 
135.3 	403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3; 403.30, subdivisions 2 and 4; 
135.4 	and 403.35  are repealed.

135.5 	EFFECTIVE DATE. This section is effective July 1, 2006. 

135.6 	ARTICLE 8
135.7 	IMMIGRATION; LAW ENFORCEMENT

135.8 	Section 1. [299A.69] ILLEGAL IMMIGRATION ENFORCEMENT.
135.9 		Subdivision 1.Memorandums of understanding. The commissioner of public 
135.10 	safety may enter into memorandums of understanding or otherwise coordinate with the 
135.11 	United States Department of Justice and the United States Department of Homeland 
135.12 	Security to have state law enforcement officers enforce federal immigration laws in the 
135.13 	state. State law enforcement officers designated to enforce federal immigration laws must 
135.14 	participate in the preassignment training established under subdivision 2.
135.15 		Subd. 2.Immigration enforcement training. The commissioner of public safety, 
135.16 	in consultation with representatives of the United States Department of Justice and the 
135.17 	United States Department of Homeland Security, shall develop a course to train state 
135.18 	law enforcement officers who are assigned to the special crimes unit to enforce federal 
135.19 	immigration laws. The course must comply with applicable federal training guidelines 
135.20 	and cover immigration law, immigrant questioning, immigrant detention and arrest, civil 
135.21 	rights, public complaint procedures, antiracial profiling procedures, and other topics 
135.22 	necessary to prepare state law enforcement officers to enforce federal immigration laws.
135.23 		Subd. 3.Special crimes unit.  The special crimes unit is established. The 
135.24 	commissioner of public safety shall convene and direct the unit. The unit shall be 
135.25 	comprised of at least ten law enforcement officers who have completed the course the 
135.26 	commissioner develops under subdivision 2. The commissioner shall develop, and use 
135.27 	the unit to implement, an illegal immigration enforcement strategy for state and local law 
135.28 	enforcement agencies. The unit shall focus its time and resources on identifying and 
135.29 	apprehending illegal immigrants who are involved in felony level criminal activity. Upon 
135.30 	request from a law enforcement agency, the unit may assist the agency in investigating 
135.31 	and apprehending illegal immigrants involved in felony level criminal activity. The 
135.32 	commissioner shall consider assigning members of the unit to (1) serve as a training 
135.33 	officer and liaison to local law enforcement; (2) serve on federal immigration and 
135.34 	terrorism task forces; (3) investigate crimes involving false identification, fraud, and 
136.1 	human trafficking; and (4) work in field offices located in or near communities with large 
136.2 	immigrant populations.

136.3 	Sec. 2. Minnesota Statutes 2005 Supplement, section 299C.10, subdivision 1, is 
136.4 	amended to read:
136.5 		Subdivision 1.Required fingerprinting. (a) Sheriffs, peace officers, and 
136.6 	community corrections agencies operating secure juvenile detention facilities shall take 
136.7 	or cause to be taken immediately finger and thumb prints, photographs, distinctive 
136.8 	physical mark identification data, information on any known aliases or street names, 
136.9 	citizenship and immigration status, and other identification data requested or required by 
136.10 	the superintendent of the bureau, of the following:
136.11 	(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, 
136.12 	gross misdemeanor, or targeted misdemeanor;
136.13 	(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent 
136.14 	for, or alleged to have committed felonies or gross misdemeanors as distinguished from 
136.15 	those committed by adult offenders;
136.16 	(3) persons reasonably believed by the arresting officer to be fugitives from justice;
136.17 	(4) persons in whose possession, when arrested, are found concealed firearms or 
136.18 	other dangerous weapons, burglar tools or outfits, high-power explosives, or articles, 
136.19 	machines, or appliances usable for an unlawful purpose and reasonably believed by the 
136.20 	arresting officer to be intended for such purposes;
136.21 	(5) juveniles referred by a law enforcement agency to a diversion program for a 
136.22 	felony or gross misdemeanor offense; and
136.23 	(6) persons currently involved in the criminal justice process, on probation, on 
136.24 	parole, or in custody for the offenses in suspense whom the superintendent of the bureau 
136.25 	identifies as being the subject of a court disposition record which cannot be linked to an 
136.26 	arrest record, and whose fingerprints are necessary in order to maintain and ensure the 
136.27 	accuracy of the bureau's criminal history files, to reduce the number of suspense files, or 
136.28 	to comply with the mandates of section 299C.111, relating to the reduction of the number 
136.29 	of suspense files. This duty to obtain fingerprints for the offenses in suspense at the 
136.30 	request of the bureau shall include the requirement that fingerprints be taken in post-arrest 
136.31 	interviews, while making court appearances, while in custody, or while on any form of 
136.32 	probation, diversion, or supervised release.
136.33 	(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours 
136.34 	the fingerprint records and other identification data specified under paragraph (a) must 
137.1 	be forwarded to the bureau on such forms and in such manner as may be prescribed by 
137.2 	the superintendent.
137.3 	(c) Prosecutors, courts, and probation officers and their agents, employees, and 
137.4 	subordinates shall attempt to ensure that the required identification data is taken on a 
137.5 	person described in paragraph (a). Law enforcement may take fingerprints of an individual 
137.6 	who is presently on probation.
137.7 	(d) For purposes of this section, a targeted misdemeanor is a misdemeanor violation 
137.8 	of section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 
137.9 	609.224 (fifth degree assault), 609.2242 (domestic assault), 609.746 (interference with 
137.10 	privacy), 609.748 (harassment or restraining order violation), or 617.23 (indecent 
137.11 	exposure).

137.12 	Sec. 3. Minnesota Statutes 2004, section 299C.10, is amended by adding a subdivision 
137.13 	to read:
137.14 		Subd. 1b.Citizenship data maintenance requirements. The law enforcement 
137.15 	officer who collects arrestee information under subdivision 1 shall request from each 
137.16 	arrestee primary identification documents to establish the person's citizenship and 
137.17 	immigration status. The officer may rely upon a valid Minnesota driver's license or 
137.18 	identification card as proof of citizenship and immigration status. If an arrestee's driver's 
137.19 	license or identification card is labeled status check or if the officer is unable to verify an 
137.20 	arrestee's citizenship or immigration status, the officer must contact federal immigration 
137.21 	authorities and request an immigration status check. When transferring identification data 
137.22 	to the bureau under section 299C.11, the sheriff or chief of police shall identify each 
137.23 	arrestee's citizenship and immigration status. If the person is not a United States citizen, 
137.24 	arrestee immigration status must be coded as one of the following:
137.25 	(1) legal immigrant;
137.26 	(2) legal visa-holder;
137.27 	(3) status uncertain; or
137.28 	(4) illegal alien.

137.29 	Sec. 4. Minnesota Statutes 2005 Supplement, section 299C.11, subdivision 1, is 
137.30 	amended to read:
137.31 		Subdivision 1.Identification data other than DNA. (a) Each sheriff and chief of 
137.32 	police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 
137.33 	such finger and thumb prints, photographs, distinctive physical mark identification data, 
137.34 	information on known aliases and street names, citizenship and immigration status data, 
138.1 	and other identification data as may be requested or required by the superintendent of the 
138.2 	bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs 
138.3 	and chiefs of police shall furnish this identification data to the bureau for individuals found 
138.4 	to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within 
138.5 	the ten years immediately preceding their arrest. When the bureau learns that an individual 
138.6 	who is the subject of a background check has used, or is using, identifying information, 
138.7 	including, but not limited to, name and date of birth, other than those listed on the criminal 
138.8 	history, the bureau may add the new identifying information to the criminal history when 
138.9 	supported by fingerprints.
138.10 	(b) No petition under chapter 609A is required if the person has not been convicted 
138.11 	of any felony or gross misdemeanor, either within or without the state, within the period 
138.12 	of ten years immediately preceding the determination of all pending criminal actions or 
138.13 	proceedings in favor of the arrested person, and either of the following occurred:
138.14 	(1) all charges were dismissed prior to a determination of probable cause; or
138.15 	(2) the prosecuting authority declined to file any charges and a grand jury did not 
138.16 	return an indictment.
138.17 	Where these conditions are met, the bureau or agency shall, upon demand, return to 
138.18 	the arrested person finger and thumb prints, photographs, distinctive physical mark 
138.19 	identification data, information on known aliases and street names, and other identification 
138.20 	data, and all copies and duplicates of them.
138.21 	(c) Except as otherwise provided in paragraph (b), upon the determination of all 
138.22 	pending criminal actions or proceedings in favor of the arrested person, and the granting 
138.23 	of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 
138.24 	thumb prints, photographs, distinctive physical mark identification data, information on 
138.25 	known aliases and street names, and other identification data, and all copies and duplicates 
138.26 	of them if the arrested person has not been convicted of any felony or gross misdemeanor, 
138.27 	either within or without the state, within the period of ten years immediately preceding 
138.28 	such determination.

138.29 	Sec. 5. [299C.146] CITIZENSHIP AND IMMIGRATION DATA.
138.30 	(a) The superintendent of the Bureau of Criminal Apprehension shall maintain both 
138.31 	citizenship and immigration status data  in the bureau's criminal history database. Each 
138.32 	offender file entered or updated on or after July 1, 2007, must have the citizenship data 
138.33 	completed and, if the person is not a United States citizen, the immigration status data 
138.34 	completed with one of the following designations: legal immigrant, legal visa-holder, 
138.35 	status uncertain, or illegal alien.
139.1 	(b) To the degree feasible, the superintendent shall maintain, update, and correct 
139.2 	citizenship and immigration information required under section 299C.10, subdivision 
139.3 	1b, and facilitate appropriate criminal justice access to this data. The special crimes 
139.4 	unit established in section 299A.69 shall assist the superintendent in development and 
139.5 	maintenance of the citizenship and immigration status data.
139.6 	(c) The superintendent shall periodically supply the special crimes unit with data 
139.7 	statistics concerning the number of crimes committed by individuals with uncertain or 
139.8 	illegal alien status as reported to the bureau under section 299C.11, subdivision 1. The 
139.9 	special crimes unit may use the "status uncertain" designation as a potential indicator of 
139.10 	illegal immigration status during investigations.
139.11 	(d) The Bureau of Criminal Apprehension is immune from any civil or criminal 
139.12 	liability that might otherwise arise under this section, based on the accuracy or 
139.13 	completeness of any records it receives from law enforcement agencies, if the bureau 
139.14 	acts in good faith.
139.15 	(e) Data collected under this subdivision is regulated by section 13.87.

139.16 	ARTICLE 9
139.17 	FRAUDULENT OR IMPROPER FINANCING STATEMENTS

139.18 	Section 1. Minnesota Statutes 2004, section 358.41, is amended to read:
139.19 	358.41 DEFINITIONS.
139.20 	As used in sections  358.41 to  358.49: 
139.21 	(1) "Notarial act" means any act that a notary public of this state is authorized to 
139.22 	perform, and includes taking an acknowledgment, administering an oath or affirmation, 
139.23 	taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 
139.24 	or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 
139.25 	perform a notarial act by electronic means.
139.26 	(2) "Acknowledgment" means a declaration by a person that the person has executed 
139.27 	an instrument or electronic record  for the purposes stated therein and, if the instrument
139.28 	or electronic record is executed in a representative capacity, that the person signed 
139.29 	the instrument with proper authority and executed it as the act of the person or entity 
139.30 	represented and identified therein.
139.31 	(3) "Verification upon oath or affirmation" means a declaration that a statement is 
139.32 	true made by a person upon oath or affirmation.
139.33 	(4) "In a representative capacity" means:
140.1 	(i) for and on behalf of a corporation, partnership, trust, or other entity, as an 
140.2 	authorized officer, agent, partner, trustee, or other representative;
140.3 	(ii) as a public officer, personal representative, guardian, or other representative, 
140.4 	in the capacity recited in the instrument;
140.5 	(iii) as an attorney in fact for a principal; or
140.6 	(iv) in any other capacity as an authorized representative of another.
140.7 	(5) "Notarial officer" means a notary public or other officer authorized to perform 
140.8 	notarial acts.
140.9 	(6) "Electronic signature" means an electronic sound, symbol, or process attached 
140.10 	to or logically associated with a record and executed or adopted by a person with the 
140.11 	intent to sign the record.
140.12 	(7) "Electronic record" means a record created, generated, sent, communicated, 
140.13 	received, or stored by electronic means.

140.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

140.15 	Sec. 2. Minnesota Statutes 2004, section 358.42, is amended to read:
140.16 	358.42 NOTARIAL ACTS.
140.17 	(a) In taking an acknowledgment, the notarial officer must determine, either from 
140.18 	personal knowledge or from satisfactory evidence, that the person appearing before the 
140.19 	officer and making the acknowledgment is the person whose true signature is on the 
140.20 	instrument or electronic record.
140.21 	(b) In taking a verification upon oath or affirmation, the notarial officer must 
140.22 	determine, either from personal knowledge or from satisfactory evidence, that the person 
140.23 	appearing before the officer and making the verification is the person whose true signature 
140.24 	is on the statement verified.
140.25 	(c) In witnessing or attesting a signature the notarial officer must determine, either 
140.26 	from personal knowledge or from satisfactory evidence, that the signature is that of the 
140.27 	person appearing before the officer and named therein.
140.28 	(d) In certifying or attesting a copy of a document, electronic record, or other item, 
140.29 	the notarial officer must determine that the proffered copy is a full, true, and accurate 
140.30 	transcription or reproduction of that which was copied.
140.31 	(e) In making or noting a protest of a negotiable instrument or electronic record the 
140.32 	notarial officer must determine the matters set forth in section  336.3-505. 
140.33 	(f) A notarial officer has satisfactory evidence that a person is the person whose true 
140.34 	signature is on a document or electronic record if that person (i) is personally known to 
141.1 	the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 
141.2 	personally known to the notarial officer, or (iii) is identified on the basis of identification 
141.3 	documents.

141.4 	EFFECTIVE DATE. This section is effective July 1, 2006.

141.5 	Sec. 3. Minnesota Statutes 2004, section 358.47, is amended to read:
141.6 	358.47 CERTIFICATE OF NOTARIAL ACTS.
141.7 	(a) A notarial act must be evidenced by a certificate physically or electronically
141.8 	signed and dated by a notarial officer in a manner that attributes such signature to the 
141.9 	notary public identified on the commission. The certificate must include identification 
141.10 	of the jurisdiction in which the notarial act is performed and the title of the office of 
141.11 	the notarial officer and may include the official stamp or seal of office, or the notary's 
141.12 	electronic seal. If the officer is a notary public, the certificate must also indicate the date 
141.13 	of expiration, if any, of the commission of office, but omission of that information may 
141.14 	subsequently be corrected. If the officer is a commissioned officer on active duty in the 
141.15 	military service of the United States, it must also include the officer's rank.
141.16 	(b) A certificate of a notarial act is sufficient if it meets the requirements of 
141.17 	subsection (a) and it:
141.18 	(1) is in the short form set forth in section  358.48; 
141.19 	(2) is in a form otherwise prescribed by the law of this state;
141.20 	(3) is in a form prescribed by the laws or regulations applicable in the place in 
141.21 	which the notarial act was performed; or
141.22 	(4) sets forth the actions of the notarial officer and those are sufficient to meet the 
141.23 	requirements of the designated notarial act.
141.24 	(c) By executing a certificate of a notarial act, the notarial officer certifies that the 
141.25 	officer has made the determinations required by section  358.42. 

141.26 	EFFECTIVE DATE. This section is effective July 1, 2006.

141.27 	Sec. 4. Minnesota Statutes 2004, section 358.50, is amended to read:
141.28 	358.50 EFFECT OF ACKNOWLEDGMENT.
141.29 	An acknowledgment made in a representative capacity for and on behalf of a 
141.30 	corporation, partnership, trust, or other entity and certified substantially in the form 
141.31 	prescribed in this chapter is prima facie evidence that the instrument or electronic record
141.32 	was executed and delivered with proper authority.

142.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

142.2 	Sec. 5. Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision 
142.3 	to read:
142.4 		Subd. 5.Registration to perform electronic notarizations.  Before performing 
142.5 	electronic notarial acts, a notary public shall register the capability to notarize 
142.6 	electronically with the secretary of state. Before performing electronic notarial acts after 
142.7 	recommissioning, a notary public shall reregister with the secretary of state.

142.8 	EFFECTIVE DATE. This section is effective July 1, 2006.

142.9 	Sec. 6. Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to read:
142.10 		Subd. 3.Specifications. The seal of every notary public may be affixed by a stamp 
142.11 	that will print a seal which legibly reproduces under photographic methods the seal of 
142.12 	the state of Minnesota, the name of the notary, the words "Notary Public," and the words 
142.13 	"My commission expires ...............," with the expiration date shown thereon or may be 
142.14 	an electronic form. The A physical seal used to authenticate a paper document shall be 
142.15 	a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches 
142.16 	horizontally, with a serrated or milled edge border, and shall contain the information 
142.17 	required by this subdivision.

142.18 	EFFECTIVE DATE. This section is effective July 1, 2006.

142.19 	Sec. 7. Minnesota Statutes 2004, section 359.03, is amended by adding a subdivision 
142.20 	to read:
142.21 		Subd. 4.Electronic seal. A notary's electronic seal shall contain the notary's name, 
142.22 	jurisdiction, and commission expiration date, and shall be logically and securely affixed to 
142.23 	or associated with the electronic record being notarized.

142.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

142.25 	Sec. 8. Minnesota Statutes 2004, section 359.04, is amended to read:
142.26 	359.04 POWERS.
142.27 	Every notary public so appointed, commissioned, and qualified shall have power 
142.28 	throughout this state to administer all oaths required or authorized to be administered in 
142.29 	this state; to take and certify all depositions to be used in any of the courts of this state; 
142.30 	to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, 
143.1 	and other instruments in writing or electronic records; and to receive, make out, and 
143.2 	record notarial protests.

143.3 	EFFECTIVE DATE. This section is effective July 1, 2006.

143.4 	Sec. 9. Minnesota Statutes 2004, section 359.05, is amended to read:
143.5 	359.05 DATE OF EXPIRATION OF COMMISSION AND NAME TO BE 
143.6 	ENDORSED.
143.7 	Every notary public, except in cases provided in section  359.03, subdivision 3, 
143.8 	taking an acknowledgment of an instrument, taking a deposition, administering an oath, or 
143.9 	making a notarial protest, shall, immediately following the notary's physical or electronic
143.10 	signature to the jurat or certificate of acknowledgment, endorse the date of the expiration 
143.11 	of the commission; such endorsement may be legibly written, stamped, or printed upon 
143.12 	the instrument, but must be disconnected from the seal, and shall be substantially in the 
143.13 	following form: "My commission expires ............, ....." Except in cases provided in section  
143.14 	359.03, subdivision 3, every notary public, in addition to signing the jurat or certificate of 
143.15 	acknowledgment, shall, immediately following the signature and immediately preceding 
143.16 	the official description, endorse thereon the notary's name with a typewriter or, print the 
143.17 	same legibly with a stamp or, with pen and ink, or affix by electronic means; provided 
143.18 	that the failure so to endorse or print the name shall not invalidate any jurat or certificate 
143.19 	of acknowledgment. 

143.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

143.21 	Sec. 10. Minnesota Statutes 2004, section 359.085, is amended to read:
143.22 	359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS.
143.23 		Subdivision 1.Acknowledgments. In taking an acknowledgment, the notarial 
143.24 	officer must determine, either from personal knowledge or from satisfactory evidence, 
143.25 	that the person appearing before the officer and making the acknowledgment is the person 
143.26 	whose true signature is on the instrument or electronic record.
143.27 		Subd. 2.Verifications. In taking a verification upon oath or affirmation, the notarial 
143.28 	officer must determine, either from personal knowledge or from satisfactory evidence, that 
143.29 	the person appearing before the officer and making the verification is the person whose 
143.30 	true signature is on the statement verified.
143.31 		Subd. 3.Witnessing or attesting signatures. In witnessing or attesting a signature, 
143.32 	the notarial officer must determine, either from personal knowledge or from satisfactory 
144.1 	evidence, that the signature is that of the person appearing before the officer and named in 
144.2 	the document or electronic record.
144.3 		Subd. 4.Certifying or attesting documents. In certifying or attesting a copy of a 
144.4 	document, electronic record, or other item, the notarial officer must determine that the 
144.5 	proffered copy is a full, true, and accurate transcription or reproduction of that which 
144.6 	was copied.
144.7 		Subd. 5.Making or noting protests of negotiable instruments. In making or 
144.8 	noting a protest of a negotiable instrument or electronic record, the notarial officer must 
144.9 	determine the matters set forth in section  336.3-505. 
144.10 		Subd. 6.Satisfactory evidence. A notarial officer has satisfactory evidence that 
144.11 	a person is the person whose true signature is on a document or electronic record if that 
144.12 	person (i) is personally known to the notarial officer, (ii) is identified upon the oath 
144.13 	or affirmation of a credible witness personally known to the notarial officer, or (iii) is 
144.14 	identified on the basis of identification documents.
144.15 		Subd. 7.Prohibited acts. A notarial officer may not acknowledge, witness or attest 
144.16 	to the officer's own signature, or take a verification of the officer's own oath or affirmation.
144.17 		Subd. 8.Failure to appear before notary. A notarial officer may not notarize the 
144.18 	physical or electronic signature of any signer who is not in the presence of the notary at 
144.19 	the time of notarization.

144.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

144.21 	Sec. 11. [545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE 
144.22 	EFFECTIVENESS OF FINANCING STATEMENTS.
144.23 		Subdivision 1. Definitions. (a) As used in this section, a financing statement or 
144.24 	other record is fraudulent or otherwise improper if it is filed without the authorization of 
144.25 	the obligor, person named as debtor, or owner of collateral described or indicated in 
144.26 	the financing statement or other record, or by consent of an agent, fiduciary, or other 
144.27 	representative of that person, or without the consent of the secured party of record in 
144.28 	the case of an amendment or termination.
144.29 	(b) As used in this section, filing office or filing officer refers to the office or officer 
144.30 	where a financing statement or other record is appropriately filed or recorded as provided 
144.31 	by law, including, but not limited to, the county recorder, the secretary of state, and other 
144.32 	related filing officers.
144.33 		Subd. 2. Motion. An obligor, person named as a debtor, or owner of collateral 
144.34 	described or indicated in a financing statement or other record filed under sections 
144.35 	336.9-101 to 336.9-709 (Uniform Commercial Code - Secured Transactions), who 
145.1 	has reason to believe that the financing statement or other record is fraudulent or 
145.2 	otherwise improper may complete and file at any time a motion for judicial review of the 
145.3 	effectiveness of the financing statement or other record. A secured party of record who 
145.4 	believes that an amendment or termination of a financing statement or other record is 
145.5 	fraudulent or otherwise improper may also file a motion. 
145.6 		Subd. 3.Service and filing. (a) The motion under subdivision 2 must be mailed 
145.7 	by certified United States mail to the person who is indicated as the secured party on 
145.8 	the allegedly fraudulent or improper record at the address listed on the record or, in the 
145.9 	case of a filing by the secured party of record, to the address of the person who filed 
145.10 	the amendment or termination in question, as listed on the record. The motion must be 
145.11 	accompanied by a copy of the record in question, an affidavit of mailing, the form for 
145.12 	responding to the motion under subdivision 6, and a copy of the text of this section.
145.13 	(b) On the day the motion is mailed, a copy of the materials must be filed with the 
145.14 	district court of the county in which the financing statement or other record has been filed 
145.15 	or in the county of residence of the moving party.  The motion must be supported by 
145.16 	the affidavit of the moving party or the moving party's attorney setting forth a concise 
145.17 	statement of the facts upon which the claim for relief is based. There is no filing fee for a 
145.18 	motion or a response filed under this section. 
145.19 		Subd. 4.Motion form.  The motion must be in substantially the following form:
145.20 	 In Re:  A Purported  Financing Statement in the district court of                     ............. County, 
145.21 	Minnesota,  Against  [Name of person who filed the financing statement] 
145.22 	MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED 
145.23 	UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS 
145.24 	 .................................... (name of moving party) files this motion requesting a judicial 
145.25 	determination of the effectiveness of a financing statement or other record filed under the 
145.26 	Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
145.27 	office and location) and in support of the motion provides as follows:
145.28 	I.
145.29 	 ................. (name), the moving party, is the [obligor, person named as a debtor, or 
145.30 	owner of collateral described or indicated in] [secured party of record listed in] a financing 
145.31 	statement or other record filed under the Uniform Commercial Code.
145.32 	II.
145.33 	 On ............. (date), in the exercise of the filing officer's official duties as .................. 
145.34 	(filing officer's position), the filing officer received and filed or recorded the financing 
145.35 	statement or other record, a copy which is attached, that purports to [perfect a security 
145.36 	interest against the obligor, person named as debtor, or the owner of collateral described or 
146.1 	indicated in the financing statement or other record] or [amend or terminate the financing 
146.2 	statement in which the moving party is listed as the secured party of record].
146.3 	III.
146.4 	The moving party alleges that the financing statement or other record is fraudulent 
146.5 	or otherwise improper and that this court should declare the financing statement or other 
146.6 	record ineffective.
146.7 	IV.
146.8 	The moving party attests that the assertions in this motion are true and correct.
146.9 	V.
146.10 	The moving party does not request the court to make a finding as to any underlying 
146.11 	claim of the parties involved and acknowledges that this motion does not seek review of 
146.12 	an effective financing statement.  The moving party further acknowledges that the moving 
146.13 	party may be subject to sanctions if this motion is determined to be frivolous.  The moving 
146.14 	party may be contacted by the respondent at:
146.15 	Mailing Address: (required) 
146.16 	Telephone Number:
146.17 	Facsimile Number: (either facsimile or e-mail contact is required) 
146.18 	E-Mail Address: (either facsimile or e-mail contact is required) 
146.19 	REQUEST FOR RELIEF
146.20 	The moving party requests the court to review the attached documentation and enter 
146.21 	an order finding that the financing statement or other record is ineffective together with 
146.22 	other findings as the court deems appropriate.
146.23 	Respectfully submitted, .......................... (Signature and typed name and address).
146.24 		Subd. 5.Motion acknowledgment form. The form for the certificate of 
146.25 	acknowledgment must be substantially as follows:
146.26 	AFFIDAVIT 
146.27 	THE STATE OF MINNESOTA    COUNTY OF .......
146.28 	BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
146.29 	me duly sworn, deposed as follows:
146.30 	"My name is ...............  I am over 18 years of age, of sound mind, with personal 
146.31 	knowledge of the following facts, and fully competent to testify.
146.32 	I attest that the assertions contained in the accompanying motion are true and 
146.33 	correct." 
146.34 	SUBSCRIBED and SWORN TO before me, this ..... day of ..................
146.35 	NOTARY PUBLIC, State of [state name] 
147.1 	Notary's printed name:  .........................
147.2 	My commission expires:  .........................
147.3 	The motion must be supported by the affidavit of the moving party or the moving 
147.4 	party's attorney setting forth a concise statement of the facts upon which the claim for 
147.5 	relief is based.
147.6 		Subd. 6.Motion affidavit of mailing form. The moving party shall complete an 
147.7 	affidavit of mailing the motion to the court and to the respondent in substantially the 
147.8 	following form:
147.9 	State of Minnesota  
147.10 	County of .......... 
147.11 	............................, the moving party, being duly sworn, on oath, deposes and says 
147.12 	that on the ..... day of .........., ......., the moving party mailed the motion to the court and 
147.13 	the respondent by placing a true and correct copy of the motion in an envelope addressed 
147.14 	to them as shown by certified United States mail at ............................, Minnesota.
147.15 	Subscribed and sworn to before me this ..... day of ...................., .......
147.16 		Subd. 7.Response form. The person listed as [the secured party in] [filing] the 
147.17 	record for which the moving party has requested review may respond to the motion and 
147.18 	accompanying materials to request an actual hearing within 20 days from the mailing by 
147.19 	certified United States mail by the moving party. The form for use by the person listed as 
147.20 	[the secured party in] [filing] the record in question to respond to the motion for judicial 
147.21 	review must be in substantially the following form:
147.22 	In Re:  A Purported  Financing Statement in the district court                              of ............. County, 
147.23 	Minnesota,  Against  [Name of person who filed the financing statement] 
147.24 	RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING 
147.25 	STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE 
147.26 	- SECURED TRANSACTIONS 
147.27 	 ............................ (name) files this response to a motion requesting a judicial 
147.28 	determination of the effectiveness of a financing statement or other record filed under the 
147.29 	Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
147.30 	office and location) and in support of the motion provides as follows:
147.31 	I.
147.32 	 ................. (name), the respondent, is the person listed as [the secured party in] 
147.33 	[filing] the record for which review has been requested by the moving party.
147.34 	II.
147.35 	On ............. (date), in the exercise of the filing officer's official duties as .................. 
147.36 	(filing officer's position), the filing officer received and filed or recorded the financing 
148.1 	statement or other record, a copy which is attached, that purports to [perfect a security 
148.2 	interest against] [amend or terminate a record filed by] the moving party.
148.3 	III.
148.4 	Respondent states that the financing statement or other record is not fraudulent 
148.5 	or otherwise improper and that this court should not declare the financing statement or 
148.6 	other record ineffective.
148.7 	IV.
148.8 	Respondent attests that assertions in this response are true and correct.
148.9 	V.
148.10 	Respondent does not request the court to make a finding as to any underlying claim 
148.11 	of the parties involved.  Respondent further acknowledges that respondent may be subject 
148.12 	to sanctions if this response is determined to be frivolous.
148.13 	REQUEST FOR RELIEF
148.14 	Respondent requests the court to review the attached documentation, to set a hearing 
148.15 	for no later than five days after the date of this response or as soon after that as the court 
148.16 	shall order and to enter an order finding that the financing statement or other record is 
148.17 	not ineffective together with other findings as the court deems appropriate. Respondent 
148.18 	may be contacted at:
148.19 	Mailing Address: (required) 
148.20 	Telephone Number:
148.21 	Facsimile Number: (either facsimile or e-mail contact is required) 
148.22 	E-Mail Address: (either facsimile or e-mail contact is required) 
148.23 	Respectfully submitted, .........................
148.24 	(Signature and typed name and address).
148.25 		Subd. 8.Response acknowledgment form. The form for the certificate of 
148.26 	acknowledgment must be substantially as follows:
148.27 	AFFIDAVIT 
148.28 	THE STATE OF MINNESOTA    COUNTY OF .......
148.29 	BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
148.30 	me duly sworn, deposed as follows:
148.31 	"My name is ...............  I am over 18 years of age, of sound mind, with personal 
148.32 	knowledge of the following facts, and fully competent to testify.
148.33 	I attest that the assertions contained in the accompanying motion are true and 
148.34 	correct." 
148.35 	SUBSCRIBED and SWORN TO before me, this ..... day of ..................
148.36 	NOTARY PUBLIC, State of [state name] 
149.1 	Notary's printed name:  .........................
149.2 	My commission expires:  .........................
149.3 		Subd. 9.Response affidavit of mailing form. Respondent shall submit the 
149.4 	response by United States mail to both the court and the moving party, and also by either 
149.5 	e-mail or facsimile as provided by the moving party. The respondent shall complete an 
149.6 	affidavit of mailing the response to the court and to the moving party in substantially 
149.7 	the following form:
149.8 	State of Minnesota
149.9 	County of .......... 
149.10 	 ............................, being the responding party, being duly sworn, on oath, deposes 
149.11 	and says that on the ..... day of .........., ......., respondent mailed the response to court 
149.12 	and the moving party by placing a true and correct copy of the response in an envelope 
149.13 	addressed to them as shown depositing the same with postage prepaid, in the U.S. Mail 
149.14 	at ............................, Minnesota.
149.15 	Subscribed and sworn to before me this ..... day of ...................., .......
149.16 		Subd. 10.Hearing. (a) If a hearing is timely requested, the court shall hold that 
149.17 	hearing within five days after the mailing of the response by the respondent or as soon 
149.18 	after that as ordered by the court.  After the hearing, the court shall enter appropriate 
149.19 	findings of fact and conclusions of law regarding the financing statement or other record 
149.20 	filed under the Uniform Commercial Code. 
149.21 	 (b) If a hearing request under subdivision 7 is not received by the court by the 
149.22 	20th day following the mailing of the original motion, the court's finding may be made 
149.23 	solely on a review of the documentation attached to the motion and without hearing any 
149.24 	testimonial evidence.  After that review, which must be conducted no later than five days 
149.25 	after the 20-day period has expired, the court shall enter appropriate findings of fact and 
149.26 	conclusions of law as provided in subdivision 11 regarding the financing statement or 
149.27 	other record filed under the Uniform Commercial Code. 
149.28 	(c) A copy of the findings of fact and conclusions of law must be sent to the moving 
149.29 	party, the respondent, and the person who filed the financing statement or other record at 
149.30 	the address listed in the motion or response of each person within seven days of the date 
149.31 	that the findings of fact and conclusions of law are issued by the court.
149.32 	(d) In all cases, the moving party shall file or record an attested copy of the findings 
149.33 	of fact and conclusions of law in the filing office in the appropriate class of records in 
149.34 	which the original financing statement or other record was filed or recorded.  The filing 
149.35 	officer shall not collect a filing fee for filing a court's finding of fact and conclusion of 
150.1 	law as provided in this section except as specifically directed by the court in its findings 
150.2 	and conclusions.  
150.3 		Subd. 11.Order form; no hearing. The findings of fact and conclusion of law 
150.4 	for an expedited review where no hearing has been requested must be in substantially 
150.5 	the following form:
150.6 	MISCELLANEOUS DOCKET No.  ...........
150.7 	In Re:  A purported  Financing Statement in the district court of ........... ................ 
150.8 	County,                           Minnesota, Against  [Name of person who filed financing statement] 
150.9 	Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or 
150.10 	Other Record Filed Under the Uniform Commercial Code - Secured Transactions 
150.11 	On the (number) day of (month), (year), in the above entitled and numbered cause, 
150.12 	this court reviewed a motion, verified by affidavit, of (name) and the documentation 
150.13 	attached.  The respondent did not respond within the required 20-day period.  No testimony 
150.14 	was taken from any party, nor was there any notice of the court's review, the court 
150.15 	having made the determination that a decision could be made solely on review of the 
150.16 	documentation as provided in Minnesota Statutes, section 545.05.
150.17 	The court finds as follows (only an item or subitem checked and initialed is a valid 
150.18 	court ruling):
150.19 	[..] The documentation attached to the motion IS filed or recorded with the 
150.20 	authorization of the obligor, person named as debtor, or owner of collateral described or 
150.21 	indicated in the financing statement or other record, or by consent of an agent, fiduciary, or 
150.22 	other representative of that person, or with the authorization of the secured party of record 
150.23 	in the case of an amendment or termination.
150.24 	[..] The documentation attached to the motion IS NOT filed or recorded with the 
150.25 	authorization of the obligor, person named as debtor, or owner of collateral described or 
150.26 	indicated in the documentation, or by consent of an agent, fiduciary, or other representative 
150.27 	of that person, or with the authorization of the secured party of record in the case of an 
150.28 	amendment or termination and, IS NOT an effective financing statement or other record 
150.29 	under the Uniform Commercial Code - Secured Transactions law of this state.
150.30 	[..] This court makes no finding as to any underlying claims of the parties involved 
150.31 	and expressly limits its findings of fact and conclusions of law to the review of a 
150.32 	ministerial act. The filing officer shall remove the subject financing statement or other 
150.33 	record so that the record is not reflected in or obtained as a result of any search, standard 
150.34 	or otherwise, conducted of those records, but shall retain them and these findings of fact 
150.35 	and conclusions of law in the filing office for the duration of the period for which they 
150.36 	would have otherwise been filed.
151.1 	SIGNED ON THIS THE ...... DAY of .......
151.2 	............. District Judge 
151.3 	............. District 
151.4 	............. County, Minnesota 
151.5 		Subd. 12.Hearing determination. If a determination is made after a hearing, the 
151.6 	court may award the prevailing party all costs related to the entire review, including, but 
151.7 	not limited to, filing fees, attorney fees, administrative costs, and other costs. 
151.8 		Subd. 13.Subsequent motion. If the moving party files a subsequent motion under 
151.9 	this section against a person filing a financing statement or other record that is reviewed 
151.10 	under this section and found to be filed or recorded with the authorization of the obligor, 
151.11 	person named as debtor, or owner of collateral described or indicated in the financing 
151.12 	statement or other record, or by consent of an agent, fiduciary, or other representative of 
151.13 	that person, or with the authorization of the secured party of record in the case of an 
151.14 	amendment or termination, the court may, in addition to assessing costs, order other 
151.15 	equitable relief against the moving party or enter other sanctions against the moving party.
151.16 		Subd. 14.Judicial officers. The chief judge of a district court may order that any 
151.17 	or all proceedings under this section be conducted and heard by other judicial officers of 
151.18 	that district court.

151.19 	EFFECTIVE DATE. This section is effective July 1, 2006.

151.20 	Sec. 12. [604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE 
151.21 	IMPROPER FINANCING STATEMENTS.
151.22 		Subdivision 1.Definitions. For purposes of this section:
151.23 	(1) "financing statement" has the meaning given in section 336.9-102(a) of the 
151.24 	Uniform Commercial Code; and 
151.25 	(2) "filing officer" is defined as the Uniform Commercial Code filing officer in 
151.26 	each jurisdiction.
151.27 		Subd. 2.Liability. (a) A person shall not knowingly cause to be presented for filing 
151.28 	or promote the filing of a financing statement that the person knows:
151.29 	(1) is forged;
151.30 	(2) is not:
151.31 	(i) related to a valid lien or security agreement; or 
151.32 	(ii) filed pursuant to section 336.9-502(d); and 
151.33 	(3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or 
151.34 	otherwise interfere with any person.
152.1 	(b) A person who violates paragraph (a) is liable to each injured person for:
152.2 	(1) the greater of:
152.3 	(i) nominal damages up to $10,000; or 
152.4 	(ii) the actual damages caused by the violation;
152.5 	(2) court costs;
152.6 	(3) reasonable attorney fees;
152.7 	(4) related expenses of bringing the action, including investigative expenses; and 
152.8 	(5) exemplary damages in the amount determined by the court.
152.9 		Subd. 3.Cause of action. (a) The following persons may bring an action to enjoin 
152.10 	violation of this section or to recover damages under this section:
152.11 	(1) the obligor, the person named as the debtor, any person who owns an interest 
152.12 	in the collateral described or indicated in the financing statement, or any person harmed 
152.13 	by the filing of the financing statement;
152.14 	(2) the attorney general;
152.15 	(3) a county attorney;
152.16 	(4) a city attorney; and 
152.17 	(5) a person who has been damaged as a result of an action taken in reliance on the 
152.18 	filed financing statement.
152.19 	(b) A filing officer may refer a matter to the attorney general or other appropriate 
152.20 	person for filing the legal actions under this section.
152.21 		Subd. 4.Venue. An action under this section may be brought in any district court in 
152.22 	the county in which the financing statement is presented for filing or in a county where 
152.23 	any of the persons named in subdivision 3, paragraph (a), clause (1), reside.
152.24 		Subd. 5.Filing fee. (a) The fee for filing an action under this chapter is $.......  The 
152.25 	plaintiff must pay the fee to the clerk of the court in which the action is filed.  Except as 
152.26 	provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or 
152.27 	expense by the clerk of the court or other public official in connection with the action.
152.28 	(b) The fee for service of notice of an action under this section charged to the 
152.29 	plaintiff may not exceed:
152.30 	(1) $....... if the notice is delivered in person; or 
152.31 	(2) the cost of postage if the service is by registered or certified mail.
152.32 	(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file 
152.33 	with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
152.34 	(d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes 
152.35 	for filing other similar actions and the plaintiff prevails in the action, the court may order a 
153.1 	defendant to pay to the court the differences between the fee paid under paragraph (a) and 
153.2 	the filing fee the court imposes for filing other similar actions.
153.3 		Subd. 6.Other remedies. (a) An obligor, person named as a debtor,  owner of 
153.4 	collateral, or any other person harmed by the filing of a financing statement in violation of 
153.5 	subdivision 2, paragraph (a), also may request specific relief, including, but not limited 
153.6 	to, terminating the financing statement and removing the debtor named in the financing 
153.7 	statement from the index as provided in section 545.05, such that it will not appear in a 
153.8 	search under that debtor name.
153.9 	(b) This law is cumulative of other law under which a person may obtain judicial 
153.10 	relief with respect to any filed or recorded document.

153.11 	EFFECTIVE DATE. This section is effective July 1, 2006.

153.12 	Sec. 13. [609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING 
153.13 	STATEMENTS.
153.14 		Subdivision 1.Definition. As used in this section, "record" has the meaning given 
153.15 	in section 336.9-102.
153.16 		Subd. 2.Crime described.  A person who: 
153.17 	(1) knowingly causes to be presented for filing or promotes the filing of a record that:
153.18 	(i) is not:
153.19 	(A)  related to a valid lien or security agreement; or
153.20 	(B) filed pursuant to section 336.9-502(d); or
153.21 	(ii) contains a forged signature or is based upon a document containing a forged 
153.22 	signature; or
153.23 	(2) presents for filing or causes to be presented for filing a record with the intent that 
153.24 	it be used to harass or defraud any other person;
153.25 	is guilty of a crime and may be sentenced as provided in subdivision 3.
153.26 		Subd. 3.Penalties. (a) Except as provided in paragraph (b), a person who violates 
153.27 	subdivision 2 is guilty of a gross misdemeanor.
153.28 	(b) A person who violates subdivision 2 is guilty of a felony and may be sentenced 
153.29 	to imprisonment for not more than five years or to payment of a fine of not more than 
153.30 	$10,000, or both, if the person: 
153.31 	(1) commits the offense with intent to influence or otherwise tamper with a juror or a 
153.32 	judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 
153.33 	609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 
153.34 	performance of official duties in connection with a judicial proceeding; or
154.1 	(2) commits the offense after having been previously convicted of a violation 
154.2 	of this section.
154.3 		Subd. 4.Venue. A violation of this section may be prosecuted in either the county 
154.4 	of residence of the individual listed as debtor or the county in which the filing is made.

154.5 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
154.6 	committed on or after that date.

154.7 	ARTICLE 10
154.8 	FRAUDULENT IDENTITY DOCUMENTS

154.9 	Section 1. Minnesota Statutes 2005 Supplement, section 609.527, subdivision 1, 
154.10 	is amended to read:
154.11 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
154.12 	meanings given them in this subdivision.
154.13 	(b) "Direct victim" means any person or entity described in section 611A.01, 
154.14 	paragraph (b), whose identity has been transferred, used, or possessed in violation of 
154.15 	this section.
154.16 	(c) "False pretense" means any false, fictitious, misleading, or fraudulent information 
154.17 	or pretense or pretext depicting or including or deceptively similar to the name, logo, Web 
154.18 	site address, e-mail address, postal address, telephone number, or any other identifying 
154.19 	information of a for-profit or not-for-profit business or organization or of a government 
154.20 	agency, to which the user has no legitimate claim of right.
154.21 	(d) "Identification document" means any document or card issued to an individual 
154.22 	by a government agency or by the authority of a government agency containing the name 
154.23 	of a person and a description of the person or the person's photograph, or both, including 
154.24 	any of the following: a passport, visa, birth certificate, military identification card, Social 
154.25 	Security card, driver's license, or an identification card.
154.26 	(e) "Identity" means any name, number, or data transmission that may be used, alone 
154.27 	or in conjunction with any other information, to identify a specific individual or entity, 
154.28 	including any of the following:
154.29 	(1) a name, Social Security number, date of birth, official government-issued 
154.30 	driver's license or identification number, government passport number, or employer or 
154.31 	taxpayer identification number;
154.32 	(2) unique electronic identification number, address, account number, or routing 
154.33 	code; or
154.34 	(3) telecommunication identification information or access device.
155.1 	(e)(f) "Indirect victim" means any person or entity described in section 611A.01, 
155.2 	paragraph (b), other than a direct victim.
155.3 	(f)(g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, 
155.4 	clause (3), and expenses incurred by a direct or indirect victim as a result of a violation 
155.5 	of this section.
155.6 	(g)(h) "Unlawful activity" means:
155.7 	(1) any felony violation of the laws of this state or any felony violation of a similar 
155.8 	law of another state or the United States; and
155.9 	(2) any nonfelony violation of the laws of this state involving theft, theft by swindle, 
155.10 	forgery, fraud, or giving false information to a public official, or any nonfelony violation 
155.11 	of a similar law of another state or the United States.

155.12 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
155.13 	committed on or after that date.

155.14 	Sec. 2. Minnesota Statutes 2004, section 609.527, is amended by adding a subdivision 
155.15 	to read:
155.16 		Subd. 5b.Fraudulent identification cards; crime. (a) A person who (1) knowingly 
155.17 	possesses, displays, or uses any false, fictitious, fraudulent, or altered identification 
155.18 	document, or (2) displays or represents as one's own an identification document not issued 
155.19 	to that person, is guilty of a  misdemeanor.
155.20 	(b) A person convicted of a second or subsequent violation of paragraph (a) is 
155.21 	guilty of a gross misdemeanor.

155.22 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
155.23 	committed on or after that date.

155.24 	Sec. 3. Minnesota Statutes 2004, section 609.652, subdivision 1, is amended to read:
155.25 		Subdivision 1.Definitions. For purposes of this section:
155.26 	(1) "driver's license or identification card" means a driver's license or identification 
155.27 	card issued by the Driver and Vehicle Services Division of the Department of Public 
155.28 	Safety or receipts issued by its authorized agents or those of any state as defined in section 
155.29 	171.01 that issues licenses recognized in this state for the operation of a motor vehicle 
155.30 	or that issues identification cards recognized in this state for the purpose of indicating a 
155.31 	person's legal name and age; "identification document" has the meaning given it in section 
155.32 	609.527, subdivision 1, paragraph (d); 
156.1 	(2) "fraudulent driver's license or identification card" means a document purporting 
156.2 	to be a driver's license or identification card, but that is not authentic; and "fraudulent 
156.3 	identification document" means a document purporting to be an identification document, 
156.4 	but that is not authentic; and 
156.5 	(3) "sell" means to sell, barter, deliver, exchange, distribute, or dispose of to another.

156.6 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
156.7 	committed on or after that date.

156.8 	Sec. 4. Minnesota Statutes 2004, section 609.652, subdivision 2, is amended to read:
156.9 		Subd. 2.Criminal acts. (a) A person who does any of the following for 
156.10 	consideration and with intent to manufacture, sell, issue, publish, or pass more than one 
156.11 	fraudulent driver's license or identification card document or to cause or permit any of the 
156.12 	items listed in clauses (1) to (5) to be used in forging or making more than one false or 
156.13 	counterfeit driver's license or identification card document is guilty of a crime:
156.14 	(1) has in control, custody, or possession any plate, block, press, stone, digital image, 
156.15 	computer software program, encoding equipment, computer optical scanning equipment, 
156.16 	or digital photo printer, or other implement, or any part of such an item, designed to assist 
156.17 	in making a fraudulent driver's license or identification card document;
156.18 	(2) engraves, makes, or amends, or begins to engrave, make, or amend, any plate, 
156.19 	block, press, stone, or other implement for the purpose of producing a fraudulent driver's 
156.20 	license or identification card document;
156.21 	(3) uses a photocopier, digital camera, photographic image, or computer software to 
156.22 	generate a fraudulent driver's license or identification card document;
156.23 	(4) has in control, custody, or possession or makes or provides paper or other 
156.24 	material adapted and designed for the making of a fraudulent driver's license or
156.25 	identification card document; or
156.26 	(5) prints, photographs, or in any manner makes or executes an engraved photograph, 
156.27 	print, or impression purporting to be a driver's license oran identification card document.
156.28 	(b) Notwithstanding section  171.22, a person who manufacturers or possesses 
156.29 	more than one fraudulent driver's license or identification card document  with intent to 
156.30 	sell is guilty of a crime. 

156.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
156.32 	committed on or after that date.

156.33 	Sec. 5. Minnesota Statutes 2004, section 609.652, subdivision 3, is amended to read:
157.1 		Subd. 3.Penalties. (a) A person who commits any act described in subdivision 2 
157.2 	is guilty of a gross misdemeanor felony and may be sentenced to imprisonment for not 
157.3 	more than two years or to payment of a fine of not more than $10,000, or both. A person 
157.4 	convicted of a second or subsequent offense of this subdivision may be sentenced to 
157.5 	imprisonment for not more than five years or to payment of a fine of not more than 
157.6 	$10,000 $20,000, or both.
157.7 	(b) If the crime committed in subdivision 2 involves more than three identities, the 
157.8 	statutory maximum for the crime is five years longer than the statutory maximum for the 
157.9 	underlying crime.

157.10 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
157.11 	committed on or after that date.

157.12 	ARTICLE 11
157.13 	COMPUTER CRIMES

157.14 	Section 1. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
157.15 		Subdivision 1.Applicability. For purposes of sections  609.87 to  609.89, 609.891
157.16 	and section 609.891  609.8912 to 609.8913, the terms defined in this section have the 
157.17 	meanings given them. 

157.18 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
157.19 	committed on or after that date.

157.20 	Sec. 2. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
157.21 		Subd. 11.Computer security system. "Computer security system" means a 
157.22 	software program or computer device that:
157.23 	(1) is intended to protect the confidentiality and secrecy of data and information 
157.24 	stored in or accessible through the computer system; and
157.25 	(2) displays a conspicuous warning to a user that the user is entering a secure system 
157.26 	or requires a person seeking access to knowingly respond by use of an authorized code to 
157.27 	the program or device in order to gain access.

157.28 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
157.29 	committed on or after that date.

157.30 	Sec. 3. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
157.31 	to read:
158.1 		Subd. 13.Encryption. "Encryption" means any protective or disruptive measure, 
158.2 	including but not limited to, cryptography, enciphering, or encoding that:
158.3 	(1) causes or makes any data, information, image, program, signal, or sound 
158.4 	unintelligible or unusable; or
158.5 	(2) prevents, impedes, delays, or disrupts access to any data, information, image, 
158.6 	program, signal, or sound.

158.7 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
158.8 	committed on or after that date.

158.9 	Sec. 4. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
158.10 	to read:
158.11 		Subd. 14.Personal data. "Personal data" means any computer property or 
158.12 	computer program which contains records of the employment, salary, credit, or other 
158.13 	financial or personal information relating to another person.

158.14 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
158.15 	committed on or after that date.

158.16 	Sec. 5. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
158.17 		Subdivision 1.Crime. A person is guilty of unauthorized computer access if the 
158.18 	person intentionally and without authorityauthorization attempts to or does penetrate a 
158.19 	computer security system.

158.20 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
158.21 	committed on or after that date.

158.22 	Sec. 6. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
158.23 		Subd. 3.Gross misdemeanor. (a) A person who violates subdivision 1 in a manner 
158.24 	that creates a risk to public health and safety is guilty of a gross misdemeanor and may 
158.25 	be sentenced to imprisonment for a term of not more than one year or to payment of 
158.26 	a fine of not more than $3,000, or both.
158.27 	(b) A person who violates subdivision 1 in a manner that compromises the security 
158.28 	of data that are protected under section  609.52, subdivision 2, clause (8), or are not public 
158.29 	data as defined in section  13.02, subdivision 8a, is guilty of a gross misdemeanor and may 
158.30 	be sentenced under paragraph (a). 
158.31 	(c) A person who violates subdivision 1 and gains access to personal data is guilty of 
158.32 	a gross misdemeanor and may be sentenced under paragraph (a).
159.1 	(d) A person who is convicted of a second or subsequent misdemeanor violation of 
159.2 	subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced 
159.3 	under paragraph (a).

159.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
159.5 	committed on or after that date.

159.6 	Sec. 7. [609.8912] CRIMINAL USE OF ENCRYPTION.
159.7 		Subdivision 1.Crime. Whoever intentionally uses or attempts to use encryption to 
159.8 	do any of the following is guilty of criminal use of encryption and may be sentenced as 
159.9 	provided in subdivision 2:
159.10 	(1) to commit, further, or facilitate conduct constituting a crime;
159.11 	(2) to conceal the commission of any crime;
159.12 	(3) to conceal or protect the identity of a person who has committed any crime; or
159.13 	(4) to prevent, impede, delay, or disrupt the normal operation or use of another's 
159.14 	computer, computer program, or computer system.
159.15 		Subd. 2.Penalties. (a) A person who violates subdivision 1 may be sentenced 
159.16 	to imprisonment for not more than five years or to payment of a fine of not more than 
159.17 	$10,000, or both, if:
159.18 	(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
159.19 	(2) the person has two or more prior convictions for an offense under this section, 
159.20 	section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United 
159.21 	States, the District of Columbia, tribal lands, and United States territories.
159.22 	(b) A person who violates subdivision 1, under circumstances not described in 
159.23 	paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
159.24 	not more than one year or to payment of a fine of not more than $3,000, or both.

159.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
159.26 	committed on or after that date.

159.27 	Sec. 8. [609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY 
159.28 	SYSTEM.
159.29 	A person is guilty of a gross misdemeanor if the person knows or has reason to 
159.30 	know that by facilitating access to a computer security system the person is aiding 
159.31 	another who intends to commit a crime and in fact commits a crime. For purposes of this 
159.32 	section, "facilitating access" includes the intentional disclosure of a computer password, 
159.33 	identifying code, personal information number, or other confidential information about a 
160.1 	computer security system which provides a person with the means or opportunity for the 
160.2 	commission of a crime.

160.3 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
160.4 	committed on or after that date.

160.5 	ARTICLE 12
160.6 	IMMIGRATION EMPLOYMENT VIOLATIONS

160.7 	Section 1. [181.981] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION 
160.8 	LAW.
160.9 		Subdivision 1.Sanctions against a licensed entity. A state agency that licenses 
160.10 	a Minnesota employer may impose a fine or penalty  authorized under the licensing 
160.11 	law if the employer has been found to have knowingly hired an illegal immigrant for 
160.12 	employment in Minnesota. In taking action against the employer under this section, the 
160.13 	agency shall use the existing laws and procedures that govern the agency's authority to 
160.14 	take action against the employer. The commissioner of the Department of Labor and 
160.15 	Industry shall coordinate the enforcement of this section by state agencies. The penalty 
160.16 	under this section is as follows:
160.17 	(1) for a first occurrence, $250 to $2,000; 
160.18 	(2) for a second occurrence, $2,000 to $3,000; and 
160.19 	(3) for a third or subsequent occurrence, $3,000 to $5,000.
160.20 		Subd. 2.Violations established. This section applies to cases in which an 
160.21 	employer has been found to have knowingly hired an illegal immigrant for employment 
160.22 	in Minnesota pursuant to:
160.23 	(1) a final order or fine issued by the United States Immigration and Customs 
160.24 	Enforcement Office;
160.25 	(2) a final order following a hearing conducted by the Office of the Chief 
160.26 	Administrative Hearing Officer, Executive Office for Immigration Review, United States 
160.27 	Department of Justice; or
160.28 	(3) a criminal conviction or settlement.
160.29 		Subd. 3.Definitions. For purposes of this section, the following definitions apply.
160.30 	(a) "Employer" means any person having one or more employees in Minnesota.
160.31 	(b) "License" includes a certification, registration, permit, or other authorization 
160.32 	required for a business or employer to operate in Minnesota.
161.1 	(c) "Person" includes any individual, limited liability company, corporation, 
161.2 	partnership, incorporated or unincorporated association, sole proprietorship, joint stock 
161.3 	company, or any other legal or commercial entity.
161.4 	(d) "State agency" means the state, and any office, officer, department, division, 
161.5 	bureau, board, commissioner, authority, district, or agency of the state, including the 
161.6 	University of Minnesota and the Minnesota State Colleges and Universities system.
161.7 		Subd. 4.Exception. The commissioner may not fine an employer who is actively 
161.8 	cooperating with and using the United States Immigration and Customs Enforcement 
161.9 	Agency to screen workers.