1.1 	A bill for an act
1.2 	relating to state government; appropriating money for public safety and 
1.3 	corrections initiatives, courts, public defenders, tax court, Uniform Laws 
1.4 	Commission and Board on Judicial Standards; providing certain general criminal 
1.5 	and sentencing provisions; regulating DWI and driving provisions; modifying or 
1.6 	establishing various provisions relating to public safety; regulating corrections, 
1.7 	the courts, and emergency communications; regulating scrap metal dealers; 
1.8 	modifying certain law enforcement, insurance, and public defense provisions; 
1.9 	establishing reduced ignition propensity standards for cigarettes; providing 
1.10 	conditional repeals of certain laws; providing penalties; amending Minnesota 
1.11 	Statutes 2006, sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736, 
1.12 	subdivision 1; 13.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181, 
1.13 	subdivision 2; 16C.23, subdivision 2; 169A.275, by adding a subdivision; 
1.14 	169A.51, subdivision 7; 171.12, by adding a subdivision; 171.55; 241.016, 
1.15 	subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, 
1.16 	subdivisions 3, 4; 243.167, subdivision 1; 244.05, by adding a subdivision; 
1.17 	260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641, subdivision 2; 
1.18 	299C.65, subdivisions 2, 5; 302A.781, by adding a subdivision; 325E.21; 
1.19 	352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7; 
1.20 	401.15, subdivision 1; 403.07, subdivision 4; 403.11, subdivision 1, by adding 
1.21 	subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83; 504B.361, 
1.22 	subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 518B.01, 
1.23 	subdivisions 6a, 22; 549.09, subdivision 1; 563.01, by adding a subdivision; 
1.24 	590.05; 595.02, subdivision 1; 609.02, subdivision 16; 609.135, subdivision 8, 
1.25 	by adding a subdivision; 609.21, subdivisions 1, 4a, 5, by adding subdivisions; 
1.26 	609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1; 
1.27 	609.3451, subdivision 3; 609.3455, subdivision 4, by adding a subdivision; 
1.28 	609.352; 609.505, subdivision 2; 609.535, subdivision 2a; 609.581, by adding 
1.29 	subdivisions; 609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748, 
1.30 	subdivisions 1, 5; 611.14; 611.20, subdivision 6; 611.215, subdivisions 1, 
1.31 	1a; 611.23; 611.24; 611.25, subdivision 1; 611.26, subdivisions 2, 7; 611.27, 
1.32 	subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions 2, 7; 611A.675, 
1.33 	subdivisions 1, 2, 3, 4, by adding a subdivision; 634.15, subdivisions 1, 2; 
1.34 	641.05; 641.15, by adding a subdivision; 641.265, subdivision 2; Laws 2001, 
1.35 	First Special Session chapter 8, article 4, section 4; Laws 2003, First Special 
1.36 	Session chapter 2, article 1, section 2; proposing coding for new law in Minnesota 
1.37 	Statutes, chapters 72A; 171; 241; 299A; 299F; 357; 484; 504B; 540; 604; 609; 
1.38 	611A; repealing Minnesota Statutes 2006, sections 169.796, subdivision 3; 
1.39 	241.021, subdivision 5; 241.85, subdivision 2; 260B.173; 403.31, subdivision 6; 
2.1 	480.175, subdivision 3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, 
2.2 	subdivision 5; Laws 2005, First Special Session chapter 6, article 3, section 91.
2.3 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.4 	ARTICLE 1
2.5 	APPROPRIATIONS

2.6	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
2.7 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.8 	in this act.

2.9			2008
		2009
		Total
	
2.10	General
	$
	926,123,000
	$
	963,963,000
	$
	1,890,086,000
	
2.11
2.12	State Government Special 
Revenue
		55,688,000
		50,392,000
		106,080,000
	
2.13	Environmental Fund
		69,000
		71,000
		140,000
	
2.14	Special Revenue Fund
		11,968,000
		15,007,000
		26,975,000
	
2.15	Trunk Highway
		367,000
		374,000
		741,000
	
2.16	Total
	$
	994,215,000
	$
	1,029,807,000
	$
	2,024,022,000

2.17	Sec. 2. PUBLIC SAFETY APPROPRIATIONS.

2.18	(a) General
					
2.19 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.20 	agencies and for the purposes specified in this act. The appropriations are from the general 
2.21 	fund, or another named fund, and are available for the fiscal years indicated for each 
2.22 	purpose. The figures "2008" and "2009" used in this act mean that the appropriations 
2.23 	listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009, 
2.24 	respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009. 
2.25 	"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending 
2.26 	June 30, 2007, are effective the day following final enactment.

2.27				APPROPRIATIONS
	
2.28				Available for the Year
	
2.29				Ending June 30
	
2.30					2008
		2009

2.31	Sec. 3. SUPREME COURT

2.32	Subdivision 1.Total Appropriation
 	$
	44,112,000
	$
	45,443,000
	
2.33 	The amounts that may be spent for each 
2.34 	purpose are specified in the following 
2.35 	subdivisions.

3.1	Subd. 2.Judicial Salaries
 					
3.2 	Effective July 1, 2007, and July 1, 2008, 
3.3 	the salaries of judges of the Supreme Court, 
3.4 	Court of Appeals, and district court are 
3.5 	increased by two percent.

3.6	Subd. 3.Supreme Court Operations
 		31,292,000
		32,623,000
	
3.7 	Contingent account. $5,000 each year is for 
3.8 	a contingent account for expenses necessary 
3.9 	for the normal operation of the court for 
3.10 	which no other reimbursement is provided.

3.11	Subd. 4.Civil Legal Services
 		12,820,000
		12,820,000
	
3.12 	Legal services to low-income clients in 
3.13 	family law matters. Of this appropriation, 
3.14 	$877,000 each year is to improve the 
3.15 	access of low-income clients to legal 
3.16 	representation in family law matters. This 
3.17 	appropriation must be distributed under 
3.18 	Minnesota Statutes, section 480.242, to 
3.19 	the qualified legal services programs 
3.20 	described in Minnesota Statutes, section 
3.21 	480.242, subdivision 2, paragraph (a). Any 
3.22 	unencumbered balance remaining in the first 
3.23 	year does not cancel and is available in the 
3.24 	second year.

3.25	Sec. 4. COURT OF APPEALS
 	$
	9,766,000
	$
	10,620,000
	
3.26 	Caseload increase. $1,285,000 the first 
3.27 	year and $1,876,000 the second year are 
3.28 	for caseload increases. This money must 
3.29 	be used for three additional judge units, an 
3.30 	additional staff attorney, 2.67 additional 
3.31 	full-time equivalent law clerk positions, and 
3.32 	for retired judges.

								
4.1	Sec. 5. TRIAL COURTS
 	$
	247,167,000
	$
	257,290,000
	
4.2 	New judge units. $1,536,000 the first year 
4.3 	and $2,778,000 the second year are for an 
4.4 	increase in judge units, including three trial 
4.5 	court judge units in the First Judicial District, 
4.6 	one trial court judge unit in the Third Judicial 
4.7 	District, one trial court judge unit in the 
4.8 	Ninth Judicial District and one trial court 
4.9 	judge unit in the Tenth Judicial District. 
4.10 	These new judge units begin on January 1, 
4.11 	2008. Each judge unit consists of a judge, 
4.12 	law clerk, and court reporter.
4.13 	Maintain and expand drug courts.
4.14 	$2,242,000 the first year and $3,759,000 the 
4.15 	second year are to maintain and to establish 
4.16 	new drug courts. 
4.17 	Guardian ad litem services. $1,260,000 the 
4.18 	first year and $1,629,000 the second year are 
4.19 	for guardian ad litem services.
4.20 	Interpreter services. $606,000 the first 
4.21 	year and $777,000 the second year are for 
4.22 	interpreter services.
4.23 	Psychological services. $1,531,000 the first 
4.24 	year and $2,151,000 the second year are for 
4.25 	psychological services.
4.26 	In forma pauperis services. $178,000 each 
4.27 	year is for in forma pauperis services.

4.28	Sec. 6. TAX COURT
 	$
	788,000
	$
	812,000

4.29	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	58,000
	$
	52,000

4.30	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	448,000
	$
	455,000
	
5.1 	Investigative and hearing costs. $125,000 
5.2 	each year is for special investigative and 
5.3 	hearing costs for major disciplinary actions 
5.4 	undertaken by the board. This appropriation 
5.5 	does not cancel. Any encumbered and 
5.6 	unspent balances remain available for these 
5.7 	expenditures in subsequent fiscal years.

5.8	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	65,348,000
	$
	68,519,000

5.9	Sec. 10. PUBLIC SAFETY

5.10	Subdivision 1.Total Appropriation
 	$
	154,041,000
	$
	154,726,000

5.11	Appropriations by Fund
	
5.12		2008
	2009
	
5.13	General
	91,126,000
	94,032,000
	
5.14	Special Revenue
	6,791,000
	9,857,000
	
5.15
5.16	State Government 
Special Revenue
	55,688,000
	50,392,000
	
5.17	Environmental
	69,000
	71,000
	
5.18	Trunk Highway
	367,000
	374,000
	
5.19 	The amounts that may be spent for each 
5.20 	purpose are specified in the following 
5.21 	subdivisions.

5.22	Subd. 2.Emergency Management
 		2,939,000
		2,872,000

5.23	Appropriations by Fund
	
5.24	General
	2,870,000
	2,801,000
	
5.25	Environmental
	69,000
	71,000
	
5.26 	$250,000 each year is additional funding 
5.27 	to provide state match for federal disaster 
5.28 	assistance.
5.29 	$75,000 the first year is for one position to 
5.30 	coordinate state readiness for a pandemic 
5.31 	event. This is a onetime appropriation.
5.32 	Crime labs and crime strike task forces; 
5.33 	working group. The commissioner of public 
5.34 	safety shall convene a working group to study 
6.1 	the appropriateness of additional regional 
6.2 	forensic crime laboratories and regional 
6.3 	crime strike task forces. The legislature may 
6.4 	not authorize or fund new regional forensic 
6.5 	crime laboratories or regional crime strike 
6.6 	task forces until the working group convened 
6.7 	by the commissioner of public safety has 
6.8 	studied and made recommendations to the 
6.9 	legislative committees with jurisdiction over 
6.10 	public safety finance and capital investment. 
6.11 	The commissioner must consult with the 
6.12 	chairs of the legislative committees with 
6.13 	responsibility for public safety finance on 
6.14 	the membership of the working group. 
6.15 	The Forensic Laboratory Advisory Board, 
6.16 	established under Minnesota Statutes, section 
6.17 	299C.156, and the Gang and Drug Oversight 
6.18 	Council, established under section 299A.641, 
6.19 	must provide advice and assistance to 
6.20 	the commissioner and the working group 
6.21 	as requested by the commissioner. The 
6.22 	working group must submit its report and 
6.23 	recommendations to the house and senate 
6.24 	committees with responsibility for public 
6.25 	safety finance by February 1, 2008.

6.26	Subd. 3.Criminal Apprehension
 		45,374,000
		47,021,000

6.27	Appropriations by Fund
	
6.28	General
	44,555,000
	46,179,000
	
6.29	Special Revenue
	445,000
	461,000
	
6.30
6.31	State Government 
Special Revenue
	7,000
	7,000
	
6.32	Trunk Highway
	367,000
	374,000
	
6.33 	Cooperative investigation of 
6.34 	cross-jurisdictional criminal activity.
6.35 	$93,000 each year is appropriated from the 
6.36 	Bureau of Criminal Apprehension account in 
7.1 	the special revenue fund for grants to local 
7.2 	officials for the cooperative investigation of 
7.3 	cross-jurisdictional criminal activity. Any 
7.4 	unencumbered balance remaining in the first 
7.5 	year does not cancel but is available for the 
7.6 	second year.
7.7 	Laboratory activities. $352,000 the first 
7.8 	year and $368,000 the second year are 
7.9 	appropriated from the Bureau of Criminal 
7.10 	Apprehension account in the special revenue 
7.11 	fund for laboratory activities.
7.12 	DWI lab analysis. Notwithstanding 
7.13 	Minnesota Statutes, section 161.20, 
7.14 	subdivision 3, $367,000 the first year and 
7.15 	$374,000 the second year are appropriated 
7.16 	from the trunk highway fund for laboratory 
7.17 	analysis related to driving-while-impaired 
7.18 	cases.
7.19 	CriMNet justice information integration.
7.20 	$3,135,000 the first year and $3,460,000 the 
7.21 	second year are for statewide information 
7.22 	integration priorities. The base for this 
7.23 	appropriation in fiscal year 2010 shall be 
7.24 	$2,032,000.
7.25 	Policy group; report. The criminal and 
7.26 	juvenile justice information policy group 
7.27 	must study funding sources other than the 
7.28 	general fund for new CriMNet costs and 
7.29 	should present its ideas to the house and 
7.30 	senate committees having jurisdiction over 
7.31 	criminal justice issues by January 15, 2008.
7.32 	Forensic scientists. $1,018,000 the first 
7.33 	year and $1,769,000 the second year are for 
7.34 	19 new forensic scientists in the Bureau of 
8.1 	Criminal Apprehension Forensic Science 
8.2 	Laboratory.
8.3 	Background checks. $50,000 the first 
8.4 	year is for the Bureau of Criminal 
8.5 	Apprehension to conduct state background 
8.6 	checks by charitable, nonprofit mentoring 
8.7 	organizations. Of this amount, $10,000 is to 
8.8 	be distributed to Mentoring Partnership of 
8.9 	Minnesota for background check training. 
8.10 	Only organizations that have completed 
8.11 	training with Mentoring Partnership of 
8.12 	Minnesota are eligible to receive background 
8.13 	checks under this provision. This is a 
8.14 	onetime appropriation.

8.15	Subd. 4.Fire Marshal
 		6,196,000
		9,243,000
	
8.16 	This appropriation is from the fire safety 
8.17 	account in the special revenue fund. 
8.18 	Of this amount, $3,330,000 the first year and 
8.19 	$6,300,000 the second year are for activities 
8.20 	under Minnesota Statutes, section 299F.012.

8.21	Subd. 5.Alcohol and Gambling Enforcement
 		1,785,000
		1,817,000

8.22	Appropriations by Fund
	
8.23	General
	1,635,000
	1,664,000
	
8.24	Special Revenue
	150,000
	153,000

8.25	Subd. 6.Office of Justice Programs
 		42,066,000
		43,388,000
	
8.26 	Crime victim reparations. $250,000 each 
8.27 	year is to increase the amount of funding for 
8.28 	crime victim reparations.
8.29 	Emergency assistance grant. $100,000 
8.30 	each year is for grants under Minnesota 
8.31 	Statutes, section 611A.675. This is a onetime 
8.32 	appropriation.
9.1 	Gang and Drug Task Force. $600,000 the 
9.2 	first year and $1,900,000 the second year are 
9.3 	for grants to the Gang and Drug Task Force.
9.4 	Victim notification system. $455,000 
9.5 	each year is for the continuation of the 
9.6 	victim information and notification everyday 
9.7 	(VINE) service.
9.8 	Crime prevention and law enforcement 
9.9 	grants. (a) $ 1,900,000 each year is for crime 
9.10 	prevention and law enforcement grants.
9.11 	The office of justice programs shall conduct 
9.12 	a competitive award process that ensures 
9.13 	that grants are awarded to the most qualified 
9.14 	organizations based on the office's established 
9.15 	policies and procedures. The office shall 
9.16 	determine the amount of each grant award 
9.17 	based on need and funds available. The office 
9.18 	shall require a grant recipient to report back 
9.19 	to the office quarterly during the duration 
9.20 	of the grant, and the office has the authority 
9.21 	to withhold or suspend any additional grant 
9.22 	payments if the grant recipient fails to meet 
9.23 	the office's performance standards.
9.24 	The following organizations are eligible to 
9.25 	apply for grants: (1) the city of St. Paul 
9.26 	Police Department's Special Investigation 
9.27 	Unit's Asian Gang Task Force; (2) the 
9.28 	Victim Intervention Program, Inc.; (3) the 
9.29 	Mosaic Youth Center; (4) Ramsey County's 
9.30 	Juvenile Detention Alternatives Initiative; 
9.31 	(5) Restorative Justice Community Action, 
9.32 	Inc.; (6) existing supervised parenting time 
9.33 	centers; (7) existing child advocacy centers; 
9.34 	(8) law enforcement agencies to make squad 
9.35 	car camera updates; (9) the St. Paul police 
10.1 	and fire departments to hire an emergency 
10.2 	coordinator; and (10) political subdivisions 
10.3 	to administer safe cab programs. Any grant 
10.4 	awarded to an organization in clause (5) 
10.5 	may not be used for restorative justice in 
10.6 	domestic violence cases. Any grant awarded 
10.7 	to a political subdivision in clause (10) may 
10.8 	comprise no more than one-third of the full 
10.9 	operating cost of the program. This is a 
10.10 	onetime appropriation.
10.11 	(b) The executive director of the office 
10.12 	of justice programs shall prepare a report 
10.13 	containing the following information: a 
10.14 	list of grant recipients, the amount of each 
10.15 	award, the performance and eligibility 
10.16 	standards used to determine the amount 
10.17 	and recipient of each award, the office's 
10.18 	reporting requirements, the grant recipient's 
10.19 	use of the award, and any other information 
10.20 	the director deems relevant. By January 1, 
10.21 	2010, the office of justice programs shall 
10.22 	submit the report to the chairs and ranking 
10.23 	minority members of the senate and house 
10.24 	committees and divisions having jurisdiction 
10.25 	over criminal justice funding and policy.
10.26 	Crime victims. $2,271,000 each year is to 
10.27 	increase funding for victim services. Of this 
10.28 	amount, 59 percent is for battered women 
10.29 	shelters, 17 percent is for domestic violence 
10.30 	programs, eight percent is for general crime 
10.31 	victims, 11 percent is for sexual assault 
10.32 	programs, and five percent is for abused 
10.33 	children programs.
10.34 	COPS grants. $1,000,000 each year is 
10.35 	to hire new peace officers and for peace 
11.1 	officer overtime pay under Minnesota 
11.2 	Statutes, section 299A.62, subdivision 1, 
11.3 	paragraph (b), clauses (1) and (2). The 
11.4 	commissioner shall award the grants based 
11.5 	on the procedures set forth under section 
11.6 	299A.62. Of this amount, at least $250,000 
11.7 	each year must be awarded to two cities in 
11.8 	Hennepin County that are not cities of the 
11.9 	first class and have the highest part 1 and 
11.10 	part 2 crime rates per 100,000 inhabitants in 
11.11 	the county as calculated by the latest Bureau 
11.12 	of Criminal Apprehension report. This is a 
11.13 	onetime appropriation.
11.14 	Auto theft emergency grant. $75,000 
11.15 	each year is appropriated from the general 
11.16 	fund to the commissioner of public safety 
11.17 	to fund grants awarded under Minnesota 
11.18 	Statutes, section 611A.675, subdivision 1, 
11.19 	clause (6). This amount shall be added to the 
11.20 	department's base budget.
11.21 	Youth intervention programs. $1,000,000 
11.22 	each year is for youth intervention programs 
11.23 	under Minnesota Statutes, section 299A.73. 
11.24 	The commissioner shall use this money to 
11.25 	make grants to help existing programs serve 
11.26 	unmet needs in their communities and to 
11.27 	fund new programs in underserved areas of 
11.28 	the state. This appropriation is added to the 
11.29 	base budget and is available until expended.
11.30 	Trafficking legal clinics. $150,000 each 
11.31 	year is appropriated from the general fund 
11.32 	to the commissioner of public safety to 
11.33 	distribute to the grantees described in 
11.34 	Minnesota Statutes, section 299A.786. This 
11.35 	is a onetime appropriation.
12.1 	Administration costs. Up to 2.5 percent 
12.2 	of the grant funds appropriated in this 
12.3 	subdivision may be used to administer the 
12.4 	grant program.

12.5	Subd. 7.911 Emergency Services/ARMER
 		55,681,000
		50,385,000
	
12.6 	This appropriation is from the state 
12.7 	government special revenue fund for 911 
12.8 	emergency telecommunications services.
12.9 	Public safety answering points.
12.10 	$13,664,000 each year is to be distributed 
12.11 	as provided in Minnesota Statutes, section 
12.12 	403.113, subdivision 2.
12.13 	Medical Resource Communication 
12.14 	Centers. $683,000 each year is for grants 
12.15 	to the Minnesota Emergency Medical 
12.16 	Services Regulatory Board for the Metro 
12.17 	East and Metro West Medical Resource 
12.18 	Communication Centers that were in 
12.19 	operation before January 1, 2000.
12.20 	ARMER debt service. $6,149,000 the 
12.21 	first year and $11,853,000 the second year 
12.22 	are to the commissioner of finance to pay 
12.23 	debt service on revenue bonds issued under 
12.24 	Minnesota Statutes, section 403.275.
12.25 	Any portion of this appropriation not needed 
12.26 	to pay debt service in a fiscal year may be 
12.27 	used by the commissioner of public safety to 
12.28 	pay cash for any of the capital improvements 
12.29 	for which bond proceeds were appropriated 
12.30 	by Laws 2005, chapter 136, article 1, section 
12.31 	9, subdivision 8; or in subdivision 8.
12.32 	The base for this appropriation is $18,002,000 
12.33 	in fiscal year 2010 and $23,261,000 in fiscal 
12.34 	year 2011.
13.1 	Metropolitan Council debt service.
13.2 	$1,410,000 each year is to the commissioner 
13.3 	of finance for payment to the Metropolitan 
13.4 	Council for debt service on bonds issued 
13.5 	under Minnesota Statutes, section 403.27.
13.6 	ARMER improvements. $1,000,000 each 
13.7 	year is for the Statewide Radio Board to 
13.8 	design, construct, maintain, and improve 
13.9 	those elements of the statewide public 
13.10 	safety radio and communication system 
13.11 	that support mutual aid communications 
13.12 	and emergency medical services or provide 
13.13 	interim enhancement of public safety 
13.14 	communication interoperability in those 
13.15 	areas of the state where the statewide public 
13.16 	safety radio and communication system is 
13.17 	not yet implemented.
13.18 	ARMER interoperability planning.
13.19 	$323,000 each year is to provide funding 
13.20 	to coordinate and plan for communication 
13.21 	interoperability between public safety 
13.22 	entities.
13.23 	ARMER state backbone operating costs.
13.24 	$3,110,000 each year is to the commissioner 
13.25 	of transportation for costs of maintaining and 
13.26 	operating the first and third phases of the 
13.27 	statewide radio system backbone. The base 
13.28 	for this appropriation is $5,060,000 in fiscal 
13.29 	year 2010 and $5,060,000 in fiscal year 2011 
13.30 	to provide funding to operate one additional 
13.31 	phase of the system.
13.32 	Zone controller. $5,400,000 the first year 
13.33 	is a onetime appropriation to upgrade zone 
13.34 	controllers and network elements in phases 
13.35 	one and two of the statewide radio system.
14.1 	Advance project development. $3,750,000 
14.2 	the first year is a onetime appropriation for 
14.3 	site acquisition and site development work 
14.4 	for the remaining phases of the statewide 
14.5 	radio system. This appropriation is available 
14.6 	until June 30, 2010. This appropriation is to 
14.7 	the commissioner of public safety for transfer 
14.8 	to the commissioner of transportation.
14.9 	System design. $1,850,000 the first year is a 
14.10 	onetime appropriation to complete detailed 
14.11 	design and planning of the remaining 
14.12 	phases of the statewide radio system. 
14.13 	The commissioner of public safety and 
14.14 	the commissioner of transportation shall 
14.15 	determine the scope of the study, after 
14.16 	consulting with the Statewide Radio Board, 
14.17 	the commissioner of administration, and the 
14.18 	state chief information officer. The study 
14.19 	must address the system design for the 
14.20 	state backbone and implications for local 
14.21 	coverage, how data can be integrated, and 
14.22 	whether other public safety communication 
14.23 	networks can be integrated with the state 
14.24 	backbone. The study must estimate the 
14.25 	full cost of completing the state backbone 
14.26 	to specified standards, the cost of local 
14.27 	subsystems, and the potential advantages 
14.28 	of using a request for proposal approach 
14.29 	to solicit private sector participation in the 
14.30 	project. The study must include a financial 
14.31 	analysis of whether the estimated revenue 
14.32 	from increasing the 911 fee by up to 30 
14.33 	cents will cover the estimated debt service 
14.34 	of revenue bonds issued to finance the cost 
14.35 	of completing the statewide radio system 
14.36 	and a portion of the cost up to 50 percent 
15.1 	for local subsystems. The study must also 
15.2 	review the project organizational structure 
15.3 	and governance.

15.4	Subd. 8.ARMER Public Safety
 				186,000,000
	
15.5 	Radio and communication system. The 
15.6 	appropriations in this subdivision are from 
15.7 	the 911 revenue bond proceeds account 
15.8 	for the purposes indicated, to be available 
15.9 	until the project is completed or abandoned, 
15.10 	subject to Minnesota Statutes, section 
15.11 	16A.642.
15.12 	The appropriations are to the commissioner 
15.13 	of public safety for transfer to the 
15.14 	commissioner of transportation to construct 
15.15 	the system backbone of the public safety 
15.16 	radio and communication system plan under 
15.17 	Minnesota Statutes, section 403.36.
15.18 	$62,000,000 of this appropriation is for 
15.19 	the second year. $62,000,000 of this 
15.20 	appropriation is available on or after July 1, 
15.21 	2009. $62,000,000 of this appropriation is 
15.22 	available on or after July 1, 2010.
15.23 	The commissioner of public safety and the 
15.24 	commissioner of transportation shall certify 
15.25 	to the chairs of the house Public Safety 
15.26 	Finance Division of the Finance Committee 
15.27 	and the senate Public Safety Budget Division 
15.28 	of the Finance Committee that the detailed 
15.29 	design has been completed and that the 
15.30 	financial analysis finds that sufficient revenue 
15.31 	will be generated by proposed changes in the 
15.32 	911 fee to cover all estimated debt service 
15.33 	on revenue bonds proposed to be issued to 
15.34 	complete the system before the appropriation 
15.35 	is made available. The commissioner of 
16.1 	finance shall not approve any fee increase 
16.2 	under Minnesota Statutes, section 403.11, 
16.3 	subdivision 1, paragraph (c), until this 
16.4 	certification is made.
16.5 	Bond sale authorization. To provide the 
16.6 	money appropriated in this subdivision, 
16.7 	the commissioner of finance shall sell and 
16.8 	issue bonds of the state in an amount up to 
16.9 	$186,000,000 in the manner, upon the terms, 
16.10 	and with the effect prescribed by Minnesota 
16.11 	Statutes, section 403.275.

16.12
16.13	Sec. 11. PEACE OFFICER STANDARDS 
AND TRAINING (POST) BOARD
 	$
	4,287,000
	$
	4,260,000
	
16.14 	Excess amounts transferred. This 
16.15 	appropriation is from the peace officer 
16.16 	training account in the special revenue fund. 
16.17 	Any new receipts credited to that account in 
16.18 	the first year in excess of $4,287,000 must be 
16.19 	transferred and credited to the general fund. 
16.20 	Any new receipts credited to that account in 
16.21 	the second year in excess of $4,260,000 must 
16.22 	be transferred and credited to the general 
16.23 	fund.
16.24 	Peace officer training reimbursements.
16.25 	$3,109,000 the first year and $ 3,109,000 the 
16.26 	second year are for reimbursements to local 
16.27 	governments for peace officer training costs.
16.28 	No contact orders; learning objectives.
16.29 	$50,000 the first year is for: (1) revising and 
16.30 	updating preservice courses and developing 
16.31 	in-service training courses related to no 
16.32 	contact orders in domestic violence cases 
16.33 	and domestic violence dynamics; and (2) 
16.34 	reimbursing peace officers who have taken 
16.35 	training courses described in clause (1). 
17.1 	At a minimum, the training must include 
17.2 	instruction in the laws relating to no contact 
17.3 	orders and address how to best coordinate 
17.4 	law enforcement resources relating to no 
17.5 	contact orders. In addition, the training 
17.6 	must include a component to instruct peace 
17.7 	officers on doing risk assessments of the 
17.8 	escalating factors of lethality in domestic 
17.9 	violence cases. The board must consult with 
17.10 	a statewide domestic violence organization 
17.11 	in developing training courses. The board 
17.12 	shall utilize a request for proposal process in 
17.13 	awarding training contracts. The recipient 
17.14 	of the training contract must conduct these 
17.15 	trainings with advocates or instructors from 
17.16 	a statewide domestic violence organization.

17.17
17.18	Sec. 12. BOARD OF PRIVATE DETECTIVES 
AND PROTECTIVE AGENT SERVICES
 	$
	128,000
	$
	130,000

17.19	Sec. 13. HUMAN RIGHTS
 	$
	4,955,000
	$
	3,670,000
	
17.20 	Management information system.
17.21 	$1,403,000 the first year and $55,000 the 
17.22 	second year are for the replacement of 
17.23 	the department's tracking and compliance 
17.24 	databases with a management information 
17.25 	system.
17.26 	Evaluation. The Human Rights Department 
17.27 	shall conduct a survey that evaluates the 
17.28 	outcome of complaints filed with the 
17.29 	department and whether or not a charging 
17.30 	party is satisfied with the outcome of a 
17.31 	complaint and the process by which the 
17.32 	complaint is reviewed and handled by the 
17.33 	department. The department shall evaluate 
17.34 	complaints for which a probable cause or 
18.1 	no probable cause determination is made. 
18.2 	The survey must seek to determine the 
18.3 	reasons for any dissatisfaction and whether 
18.4 	a party sought an appeal or reconsideration 
18.5 	of a determination or decision. The survey 
18.6 	shall evaluate complaints filed or resolved 
18.7 	in the past two years. By January 15, 2008, 
18.8 	the department shall summarize the survey 
18.9 	findings and file a report with the chairs 
18.10 	and ranking minority members of the house 
18.11 	and senate committees having jurisdiction 
18.12 	over criminal justice policy and funding 
18.13 	that discusses the findings and any actions 
18.14 	the department proposes to undertake in 
18.15 	response to the findings.
18.16 	Inmate complaints, assaults, and fatalities; 
18.17 	corrections ombudsman; working group; 
18.18 	report. By August 1, 2007, the commissioner 
18.19 	of human rights shall convene a working 
18.20 	group to study how the state addresses 
18.21 	inmate complaints, assaults, and deaths in 
18.22 	county jails, workhouses, and prisons. The 
18.23 	commissioner shall serve as chair of the 
18.24 	working group and invite representatives 
18.25 	from the Department of Corrections, 
18.26 	legislature, the Minnesota Sheriffs' 
18.27 	Association, the Minnesota Association of 
18.28 	Community Corrections Act counties, state 
18.29 	bar association, criminal victims justice unit, 
18.30 	state Council on Black Minnesotans, state 
18.31 	Chicano/Latino Affairs Council, University 
18.32 	of Minnesota Law School, Immigrant Law 
18.33 	Center of Minnesota, and other interested 
18.34 	parties to participate in the working group. 
18.35 	The group must: (1) assess how state and 
18.36 	local units of government currently process 
19.1 	and respond to inmate complaints, assaults, 
19.2 	and deaths; (2) assess the effectiveness of 
19.3 	the state's former corrections ombudsman 
19.4 	program; (3) study other states' corrections 
19.5 	ombudsmen; (4) study whether the state 
19.6 	should conduct a fatality review process 
19.7 	for inmates who die while in custody; 
19.8 	and (5) make recommendations on how 
19.9 	state and local units of government should 
19.10 	systematically address inmate complaints, 
19.11 	assaults, and deaths, including the need to 
19.12 	re-appoint a corrections ombudsman. The 
19.13 	commissioner shall file a report detailing the 
19.14 	group's findings and recommendations with 
19.15 	the chairs and ranking minority members 
19.16 	of the house and senate committees having 
19.17 	jurisdiction over criminal justice policy and 
19.18 	funding by January 15, 2008.

19.19	Sec. 14. DEPARTMENT OF CORRECTIONS

19.20	Subdivision 1.Total Appropriation
 	$
	462,517,000
	$
	483,230,000

19.21	Appropriations by Fund
	
19.22		2008
	2009
	
19.23	General
	461,627,000
	482,340,000
	
19.24	Special Revenue
	890,000
	890,000
	
19.25 	The amounts that may be spent for each 
19.26 	purpose are specified in the following 
19.27 	subdivisions.

19.28	Subd. 2.Correctional Institutions
 		323,511,000
		338,577,000

19.29	Appropriations by Fund
	
19.30	General
	322,931,000
	337,997,000
	
19.31	Special Revenue
	580,000
	580,000
	
19.32 	Contracts for beds at Rush City. If the 
19.33 	commissioner contracts with other states, 
19.34 	local units of government, or the federal 
19.35 	government to rent beds in the Rush City 
20.1 	Correctional Facility, the commissioner shall 
20.2 	charge a per diem under the contract, to the 
20.3 	extent possible, that is equal to or greater 
20.4 	than the per diem cost of housing Minnesota 
20.5 	inmates in the facility.
20.6 	Notwithstanding any law to the contrary, the 
20.7 	commissioner may use per diems collected 
20.8 	under contracts for beds at MCF-Rush City 
20.9 	to operate the state correctional system.
20.10 	Offender re-entry services. $400,000 
20.11 	each year is for increased funding for 
20.12 	expansion of offender re-entry services in the 
20.13 	institutions and staffing for the Department 
20.14 	of Corrections MCORP program.
20.15 	Health services. $900,000 the first year and 
20.16 	$1,300,000 the second year are for increases 
20.17 	in health services.

20.18	Subd. 3.Community Services
 		121,482,000
		126,899,000

20.19	Appropriations by Fund
	
20.20	General
	121,382,000
	126,799,000
	
20.21	Special Revenue
	100,000
	100,000
	
20.22 	ISR agents, challenge incarceration 
20.23 	program. $600,000 the first year and 
20.24 	$1,000,000 the second year are for intensive 
20.25 	supervised release agents for the challenge 
20.26 	incarceration program.
20.27 	ISR agents, conditional release program.
20.28 	$600,000 each year is for intensive supervised 
20.29 	release agents for the conditional release 
20.30 	program. This is a onetime appropriation.
20.31 	Interstate compact. $225,000 each year is 
20.32 	for increased costs based on changes made to 
20.33 	the Interstate Compact for Adult Offender 
21.1 	Supervision, Minnesota Statutes, section 
21.2 	243.1605.
21.3 	Sex offenders, civil commitment and 
21.4 	tracking. $350,000 each year is to fund a 
21.5 	legal representative for civil commitments 
21.6 	and to manage and track sex offenders.
21.7 	Probation supervision, CCA system.
21.8 	$2,800,000 each year is added to the 
21.9 	Community Corrections Act subsidy, 
21.10 	Minnesota Statutes, section 401.14.
21.11 	Probation supervision, CPO system.
21.12 	$600,000 each year is added to the county 
21.13 	probation officers reimbursement base.
21.14 	Probation supervision, DOC system.
21.15 	$600,000 each year is for the Department of 
21.16 	Corrections probation and supervised release 
21.17 	unit.
21.18 	Probation, caseload reduction. $1,964,000 
21.19 	the first year and $3,664,000 the second year 
21.20 	are for adult felon offender management to 
21.21 	be distributed statewide by the Community 
21.22 	Corrections Act formula. $200,000 the 
21.23 	first year and $400,000 the second year 
21.24 	are for juvenile offender management 
21.25 	to be distributed statewide by the 
21.26 	Community Corrections Act formula. These 
21.27 	appropriations may be used for sex offender 
21.28 	management. 
21.29 	Sex offender treatment. $500,000 the first 
21.30 	year and $1,000,000 the second year are to 
21.31 	increase funding for providing treatment for 
21.32 	sex offenders on community supervision.
21.33 	Sex offender management/standards.
21.34 	$500,000 the first year and $1,000,000 
22.1 	the second year are for research and 
22.2 	evaluation of sex offender management 
22.3 	(supervision, treatment, and polygraphs) and 
22.4 	for developing and monitoring standards of 
22.5 	supervision and treatment.
22.6 	Sex offender assessments. $75,000 each 
22.7 	year is to increase funding to reimburse 
22.8 	counties or their designees, or courts, for 
22.9 	sex offender assessments under Minnesota 
22.10 	Statutes, section 609.3457.
22.11 	Sentencing to service. $600,000 each year is 
22.12 	to increase funding for sentencing to service 
22.13 	activities such as highway litter cleanup.
22.14 	Short-term offenders. $2,500,000 each year 
22.15 	is to increase funding for the costs associated 
22.16 	with the housing and care of short-term 
22.17 	offenders. The commissioner may use up 
22.18 	to 20 percent of the total amount of the 
22.19 	appropriation for inpatient medical care for 
22.20 	short-term offenders. All funds remaining at 
22.21 	the end of the fiscal year not expended for 
22.22 	inpatient medical care must be added to and 
22.23 	distributed with the housing funds. These 
22.24 	funds must be distributed proportionately 
22.25 	based on the total number of days short-term 
22.26 	offenders are placed locally, not to exceed 
22.27 	$70 per day.
22.28 	The department is exempt from the state 
22.29 	contracting process for the purposes of 
22.30 	paying short-term offender costs relating to 
22.31 	Minnesota Statutes, section 609.105.
22.32 	Offender re-entry service. $550,000 each 
22.33 	year is for offender job-seeking services, 
22.34 	evidence-based research, expansion of 
22.35 	re-entry services specific to juveniles, 
23.1 	and funding to local units of government 
23.2 	participating in MCORP to provide re-entry 
23.3 	programming to offenders.
23.4 	Offender re-entry grant. $800,000 the first 
23.5 	year and $1,700,000 the second year are for 
23.6 	grants to the nonprofit organization selected 
23.7 	to administer the five-year demonstration 
23.8 	project for high-risk adults under Minnesota 
23.9 	Statutes, section 241.86. This is a onetime 
23.10 	appropriation.
23.11 	Employment services for ex-offenders.
23.12 	$200,000 each year is for grants to a nonprofit 
23.13 	organization to establish a pilot project to 
23.14 	provide employment services to ex-criminal 
23.15 	offenders living in the North Minneapolis 
23.16 	community as provided for in article 7, 
23.17 	section 6. This is a onetime appropriation.
23.18 	Domestic abuse re-entry grants. $250,000 
23.19 	each year is appropriated from the general 
23.20 	fund to the commissioner of corrections for 
23.21 	the grant authorized in article 7, section 5. 
23.22 	This is a onetime appropriation.
23.23 	Re-entry; productive day. $150,000 each 
23.24 	year is appropriated from the general fund 
23.25 	to the commissioner of corrections for the 
23.26 	fiscal biennium ending June 30, 2009. The 
23.27 	commissioner shall distribute the money 
23.28 	as a grant to the Arrowhead Regional 
23.29 	Corrections Agency to expand the agency's 
23.30 	productive day initiative program, as defined 
23.31 	in Minnesota Statutes, section 241.275, 
23.32 	to include juvenile offenders who are 16 
23.33 	years of age and older. This is a onetime 
23.34 	appropriation.
24.1 	Mentoring grants; incarcerated parents.
24.2 	$200,000 each year is appropriated from 
24.3 	the general fund to the commissioner of 
24.4 	corrections for the grant authorized in 
24.5 	Minnesota Statutes, section 299A.82. This is 
24.6 	a onetime appropriation.
24.7 	Short-term offender study; report. The 
24.8 	commissioner of corrections shall study 
24.9 	the use and effectiveness of the short-term 
24.10 	offender program and identify gaps in the 
24.11 	current system relating to programming 
24.12 	and re-entry services for short-term 
24.13 	offenders.  On or before January 15, 2008, 
24.14 	the commissioner shall submit a report 
24.15 	detailing the commissioner's findings and 
24.16 	recommendations to the house and senate 
24.17 	committees with jurisdiction over public 
24.18 	safety policy and funding.

24.19	Subd. 4.Operations Support
 		17,524,000
		17,754,000

24.20	Appropriations by Fund
	
24.21	General
	17,314,000
	17,544,000
	
24.22	Special Revenue
	210,000
	210,000

24.23	Sec. 15. SENTENCING GUIDELINES
 	$
	600,000
	$
	600,000
	
24.24 	Effectiveness of re-entry programs and 
24.25 	drug courts; study. The Sentencing 
24.26 	Guidelines Commission, in consultation 
24.27 	with the commissioner of corrections and 
24.28 	the state court administrator, shall study: (1) 
24.29 	the effectiveness of the offender re-entry 
24.30 	funding and programs authorized in this act; 
24.31 	and (2) the effectiveness of the additional 
24.32 	drug courts funded in this act. The executive 
24.33 	director of the commission shall file a report 
24.34 	with the ranking members of the house of 
24.35 	representatives and senate committees with 
25.1 	jurisdiction over public safety policy and 
25.2 	funding by February 15, 2009. The report 
25.3 	must assess the impact this act's re-entry 
25.4 	grants and programs and expanded drug 
25.5 	court funding had on the recidivism rate of 
25.6 	offenders who participated in: (1) programs 
25.7 	that received re-entry grants; and/or (2) drug 
25.8 	courts.

25.9 	ARTICLE 2
25.10 	GENERAL CRIME

25.11 	Section 1. Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to 
25.12 	read:
25.13 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
25.14 	is an order issued by a court against a defendant in a criminal proceeding for:
25.15 	(1) domestic abuse;
25.16 	(2) harassment or stalking charged under section 609.749 and committed against 
25.17 	a family or household member;
25.18 	(3) violation of an order for protection charged under subdivision 14; or
25.19 	(4) violation of a prior domestic abuse no contact order charged under this 
25.20 	subdivision.
25.21 	It includes pretrial orders before final disposition of the case and probationary orders 
25.22 	after sentencing.
25.23 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
25.24 	against the person and violates the order is guilty of a misdemeanor.
25.25 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
25.26 	subdivision within ten years of a previous qualified domestic violence-related offense 
25.27 	conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under 
25.28 	this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment 
25.29 	and must be ordered to participate in counseling or other appropriate programs selected 
25.30 	by the court as provided in section 518B.02. Notwithstanding section 609.135, the court 
25.31 	must impose and execute the minimum sentence provided in this paragraph for gross 
25.32 	misdemeanor convictions.
25.33 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not more 
25.34 	than five years or to payment of a fine of not more than $10,000, or both, if the person 
25.35 	knowingly violates this subdivision within ten years of the first of two or more previous 
26.1 	qualified domestic violence-related offense convictions or adjudications of delinquency. 
26.2 	Upon a felony conviction under this paragraph in which the court stays imposition or 
26.3 	execution of sentence, the court shall impose at least a 30-day period of incarceration 
26.4 	as a condition of probation. The court also shall order that the defendant participate in 
26.5 	counseling or other appropriate programs selected by the court. Notwithstanding section 
26.6 	609.135, the court must impose and execute the minimum sentence provided in this 
26.7 	paragraph for felony convictions.
26.8 	(d) (e) A peace officer shall arrest without a warrant and take into custody a person 
26.9 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
26.10 	contact order, even if the violation of the order did not take place in the presence of the 
26.11 	peace officer, if the existence of the order can be verified by the officer. The person shall 
26.12 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
26.13 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
26.14 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
26.15 	immune from civil liability that might result from the officer's actions.

26.16 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
26.17 	committed on or after that date.

26.18 	Sec. 2. Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
26.19 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
26.20 	violence-related offense" includes a violation of or an attempt to violate the following 
26.21 	offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for 
26.22 	protection); 518B.01, subdivision 22 (violation of domestic abuse no contact order); 
26.23 	609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree 
26.24 	assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
26.25 	(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 
26.26 	609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual 
26.27 	conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree 
26.28 	criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
26.29 	(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
26.30 	(violation of harassment restraining order); 609.749 (harassment/stalking); and 609.78, 
26.31 	subdivision 2 (interference with an emergency call); and similar laws of other states, the 
26.32 	United States, the District of Columbia, tribal lands, and United States territories.

26.33 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
26.34 	committed on or after that date.

27.1 	Sec. 3. Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to read:
27.2 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 
27.3 	609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), 
27.4 	and (h) to (m) (o), includes any of the following acts committed without the complainant's 
27.5 	consent, except in those cases where consent is not a defense, and committed with sexual 
27.6 	or aggressive intent: 
27.7 	(i) the intentional touching by the actor of the complainant's intimate parts, or
27.8 	(ii) the touching by the complainant of the actor's, the complainant's, or another's 
27.9 	intimate parts effected by a person in a position of authority, or by coercion, or by 
27.10 	inducement if the complainant is under 13 years of age or mentally impaired, or
27.11 	(iii) the touching by another of the complainant's intimate parts effected by coercion 
27.12 	or by a person in a position of authority, or
27.13 	(iv) in any of the cases above, the touching of the clothing covering the immediate 
27.14 	area of the intimate parts.
27.15 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g) 
27.16 	and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts 
27.17 	committed with sexual or aggressive intent: 
27.18 	(i) the intentional touching by the actor of the complainant's intimate parts;
27.19 	(ii) the touching by the complainant of the actor's, the complainant's, or another's 
27.20 	intimate parts;
27.21 	(iii) the touching by another of the complainant's intimate parts; or
27.22 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
27.23 	area of the intimate parts.
27.24 	(c) "Sexual contact with a person under 13" means the intentional touching of the 
27.25 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening 
27.26 	with sexual or aggressive intent or the touching by the complainant's bare genitals or anal 
27.27 	opening of the actor's or another's bare genitals or anal opening with sexual or aggressive 
27.28 	intent.

27.29 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
27.30 	committed on or after that date.

27.31 	Sec. 4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
27.32 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
27.33 	another person is guilty of criminal sexual conduct in the third degree if any of the 
27.34 	following circumstances exists:
28.1 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
28.2 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
28.3 	act by the complainant shall be a defense;
28.4 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
28.5 	than 24 months older than the complainant. In any such case if the actor is no more 
28.6 	than 120 months older than the complainant, it shall be an affirmative defense, which 
28.7 	must be proved by a preponderance of the evidence, that the actor reasonably believes 
28.8 	the complainant to be 16 years of age or older. In all other cases, mistake as to the 
28.9 	complainant's age shall not be a defense. If the actor in such a case is no more than 48 
28.10 	months but more than 24 months older than the complainant, the actor may be sentenced 
28.11 	to imprisonment for not more than five years. Consent by the complainant is not a defense;
28.12 	(c) the actor uses force or coercion to accomplish the penetration;
28.13 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
28.14 	mentally incapacitated, or physically helpless;
28.15 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
28.16 	more than 48 months older than the complainant and in a position of authority over the 
28.17 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
28.18 	complainant is a defense;
28.19 	(f) the actor has a significant relationship to the complainant and the complainant 
28.20 	was at least 16 but under 18 years of age at the time of the sexual penetration. Neither 
28.21 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
28.22 	(g) the actor has a significant relationship to the complainant, the complainant was at 
28.23 	least 16 but under 18 years of age at the time of the sexual penetration, and:
28.24 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
28.25 	(ii) the complainant suffered personal injury; or
28.26 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
28.27 	time.
28.28 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
28.29 	is a defense;
28.30 	(h) the actor is a psychotherapist and the complainant is a patient of the 
28.31 	psychotherapist and the sexual penetration occurred:
28.32 	(i) during the psychotherapy session; or
28.33 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
28.34 	relationship exists.
28.35 	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 penetration occurred by means of therapeutic deception. Consent by the 
29.5 	complainant is not a defense;
29.6 	(k) the actor accomplishes the sexual penetration by means of deception or false 
29.7 	representation that the penetration 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 penetration 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 penetration 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, and the sexual penetration 
29.24 	occurred during or immediately before or after the actor transported the complainant. 
29.25 	Consent by the complainant is not a defense.; or
29.26 	(o) the actor performs massage or other bodywork for hire, the complainant was a 
29.27 	user of one of those services, and nonconsensual sexual penetration occurred during or 
29.28 	immediately before or after the actor performed or was hired to perform one of those 
29.29 	services for the complainant.

29.30 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
29.31 	committed on or after that date.

29.32 	Sec. 5. Minnesota Statutes 2006, section 609.345, subdivision 1, is amended to read:
29.33 		Subdivision 1.Crime defined. A person who engages in sexual contact with 
29.34 	another person is guilty of criminal sexual conduct in the fourth degree if any of the 
29.35 	following circumstances exists:
30.1 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
30.2 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
30.3 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
30.4 	required to prove that the sexual contact was coerced;
30.5 	(b) the complainant is at least 13 but less than 16 years of age and the actor is 
30.6 	more than 48 months older than the complainant or in a position of authority over 
30.7 	the complainant. Consent by the complainant to the act is not a defense. In any such 
30.8 	case, if the actor is no more than 120 months older than the complainant, it shall be an 
30.9 	affirmative defense which must be proved by a preponderance of the evidence that the 
30.10 	actor reasonably believes the complainant to be 16 years of age or older. In all other cases, 
30.11 	mistake as to the complainant's age shall not be a defense;
30.12 	(c) the actor uses force or coercion to accomplish the sexual contact;
30.13 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
30.14 	mentally incapacitated, or physically helpless;
30.15 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
30.16 	more than 48 months older than the complainant and in a position of authority over the 
30.17 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
30.18 	complainant is a defense;
30.19 	(f) the actor has a significant relationship to the complainant and the complainant 
30.20 	was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake 
30.21 	as to the complainant's age nor consent to the act by the complainant is a defense;
30.22 	(g) the actor has a significant relationship to the complainant, the complainant was at 
30.23 	least 16 but under 18 years of age at the time of the sexual contact, and:
30.24 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
30.25 	(ii) the complainant suffered personal injury; or
30.26 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
30.27 	time.
30.28 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
30.29 	is a defense;
30.30 	(h) the actor is a psychotherapist and the complainant is a patient of the 
30.31 	psychotherapist and the sexual contact occurred:
30.32 	(i) during the psychotherapy session; or
30.33 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
30.34 	relationship exists. Consent by the complainant is not a defense;
30.35 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
30.36 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
31.1 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
31.2 	and the sexual contact occurred by means of therapeutic deception. Consent by the 
31.3 	complainant is not a defense;
31.4 	(k) the actor accomplishes the sexual contact by means of deception or false 
31.5 	representation that the contact is for a bona fide medical purpose. Consent by the 
31.6 	complainant is not a defense;
31.7 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
31.8 	married to the actor, and:
31.9 	(i) the sexual contact occurred during the course of a meeting in which the 
31.10 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
31.11 	actor in private; or
31.12 	(ii) the sexual contact occurred during a period of time in which the complainant 
31.13 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
31.14 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
31.15 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
31.16 	city, or privately operated adult or juvenile correctional system, including, but not limited 
31.17 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
31.18 	a resident of a facility or under supervision of the correctional system. Consent by the 
31.19 	complainant is not a defense; or
31.20 	(n) the actor provides or is an agent of an entity that provides special transportation 
31.21 	service, the complainant used the special transportation service, the complainant is not 
31.22 	married to the actor, and the sexual contact occurred during or immediately before or after 
31.23 	the actor transported the complainant. Consent by the complainant is not a defense.; or
31.24 	(o) the actor performs massage or other bodywork for hire, the complainant was 
31.25 	a user of one of those services, and nonconsensual sexual contact occurred during or 
31.26 	immediately before or after the actor performed or was hired to perform one of those 
31.27 	services for the complainant.

31.28 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
31.29 	committed on or after that date.

31.30 	Sec. 6. Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to read:
31.31 		Subd. 3.Felony. A person is guilty of a felony and may be sentenced to 
31.32 	imprisonment for not more than five years or to payment of a fine of not more than $10,000, 
31.33 	or both, if the person violates subdivision 1, clause (2) this section, after having been 
31.34 	previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2)
31.35 	this section; sections 609.342 to 609.345; section 609.3453; section 617.23, subdivision 2, 
32.1 	clause (1); section 617.247; or a statute from another state in conformity with subdivision 
32.2 	1, clause (2), or section 617.23, subdivision 2, clause (1) with one of these statutes. 

32.3 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
32.4 	committed on or after that date.

32.5 	Sec. 7. Minnesota Statutes 2006, section 609.3455, subdivision 4, is amended to read:
32.6 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
32.7 	statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
32.8 	person to imprisonment for life if the person is convicted of violating section 609.342, 
32.9 	609.343, 609.344, 609.345, or 609.3453 and:
32.10 	(1) the person has two previous sex offense convictions;
32.11 	(2) the person has a previous sex offense conviction and:
32.12 	(i) the factfinder determines that the present offense involved an aggravating factor 
32.13 	that would provide grounds for an upward durational departure under the sentencing 
32.14 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
32.15 	convictions;
32.16 	(ii) the person received an upward durational departure from the sentencing 
32.17 	guidelines for the previous sex offense conviction; or
32.18 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
32.19 	609.108, for the previous sex offense conviction; or
32.20 	(3) the person has two prior sex offense convictions, and the factfinder determines 
32.21 	that the prior convictions and present offense involved at least three separate victims, and:
32.22 	(i) the factfinder determines that the present offense involved an aggravating factor 
32.23 	that would provide grounds for an upward durational departure under the sentencing 
32.24 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
32.25 	convictions;
32.26 	(ii) the person received an upward durational departure from the sentencing 
32.27 	guidelines for one of the prior sex offense convictions; or
32.28 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
32.29 	609.108, for one of the prior sex offense convictions.
32.30 	(b) Notwithstanding paragraph (a), a court may not sentence a person to 
32.31 	imprisonment for life for a violation of section 609.345, unless at least one of the person's 
32.32 	previous or prior sex offense convictions that are being used as the basis for the sentence 
32.33 	are for violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute 
32.34 	of the United States, this state, or any other state.

33.1 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
33.2 	committed on or after that date.

33.3 	Sec. 8. Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision 
33.4 	to read:
33.5 		Subd. 9.Applicability. The provisions of this section do not affect the applicability 
33.6 	of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, 
33.7 	or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

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

33.9 	Sec. 9. Minnesota Statutes 2006, section 609.352, is amended to read:
33.10 	609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL 
33.11 	CONDUCT.
33.12 		Subdivision 1.Definitions. As used in this section:
33.13 	(a) "child" means a person 15 years of age or younger;
33.14 	(b) "sexual conduct" means sexual contact of the individual's primary genital area, 
33.15 	sexual penetration as defined in section 609.341, or sexual performance as defined in 
33.16 	section 617.246; and
33.17 	(c) "solicit" means commanding, entreating, or attempting to persuade a specific 
33.18 	person in person, by telephone, by letter, or by computerized or other electronic means.; 
33.19 	and
33.20 	(d) "sexually explicit" means any communication, language, or material, including a 
33.21 	photographic or video image, that relates to or describes sexual conduct.
33.22 		Subd. 2.Prohibited act. A person 18 years of age or older who solicits a child or 
33.23 	someone the person reasonably believes is a child to engage in sexual conduct with intent 
33.24 	to engage in sexual conduct is guilty of a felony and may be sentenced to imprisonment 
33.25 	for not more than three years, or to payment of a fine of not more than $5,000, or both.
33.26 		Subd. 2a.Internet or computer solicitation of children. A person 18 years of age 
33.27 	or older who uses the Internet or a computer, computer program, computer network, or 
33.28 	computer system to communicate with a child or someone the person reasonably believes 
33.29 	is a child, with the intent to arouse or gratify the sexual desire of any person, is guilty of a 
33.30 	felony if any of the following circumstances exist:
33.31 	(a) the actor solicits a child or someone the actor reasonably believes is a child to 
33.32 	engage in sexual conduct;
34.1 	(b) the actor communicates in a sexually explicit manner with a child or someone 
34.2 	the actor reasonably believes is a child; or
34.3 	(c) the actor distributes sexually explicit material to a child or someone the actor 
34.4 	reasonably believes is a child.
34.5 		Subd. 2b.Jurisdiction. A person may be convicted of an offense under subdivision 
34.6 	2a if the transmission that constitutes the offense either originates within this state or is 
34.7 	received within this state.
34.8 		Subd. 3.Defenses. (a) Mistake as to age is not a defense to a prosecution under 
34.9 	this sectionsubdivision 2. Mistake as to age is an affirmative defense to a prosecution 
34.10 	under subdivision 2a.
34.11 	(b) The fact that an undercover operative or law enforcement officer was involved 
34.12 	in the detection or investigation of an offense under this section does not constitute a 
34.13 	defense to a prosecution under this section.
34.14 		Subd. 4.Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony 
34.15 	and may be sentenced to imprisonment for not more than three years, or to payment of 
34.16 	a fine of not more than $5,000, or both.

34.17 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
34.18 	committed on or after that date.

34.19 	Sec. 10. Minnesota Statutes 2006, section 609.505, subdivision 2, is amended to read:
34.20 		Subd. 2.Reporting police misconduct. (a) Whoever informs, or causes information 
34.21 	to be communicated to, a peace officer, whose responsibilities include investigating or 
34.22 	reporting police misconduct, or other person working under the authority of a chief law 
34.23 	enforcement officer, whose responsibilities include investigating or reporting police 
34.24 	misconduct, that a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), 
34.25 	has committed an act of police misconduct, knowing that the information is false, is guilty 
34.26 	of a crime and may be sentenced as follows:
34.27 	(1) up to the maximum provided for a misdemeanor if the false information does not 
34.28 	allege a criminal act; or
34.29 	(2) up to the maximum provided for a gross misdemeanor if the false information 
34.30 	alleges a criminal act.
34.31 	(b) The court shall order any person convicted of a violation of this subdivision 
34.32 	to make full restitution of all reasonable expenses incurred in the investigation of the 
34.33 	false allegation unless the court makes a specific written finding that restitution would be 
34.34 	inappropriate under the circumstances. A restitution award may not exceed $3,000.

35.1 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
35.2 	committed on or after that date.

35.3 	Sec. 11. Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:
35.4 		Subd. 2a.Penalties. (a) A person who is convicted of issuing a dishonored check 
35.5 	under subdivision 2 may be sentenced as follows:
35.6 	(1) to imprisonment for not more than five years or to payment of a fine of not more 
35.7 	than $10,000, or both, if the value of the dishonored check, or checks aggregated under 
35.8 	paragraph (b), is more than $500 $1,000;
35.9 	(2) to imprisonment for not more than one year or to payment of a fine of not more 
35.10 	than $3,000, or both, if the value of the dishonored check, or checks aggregated under 
35.11 	paragraph (b), is more than $250 $500 but not more than $500 $1,000; or
35.12 	(3) to imprisonment for not more than 90 days or to payment of a fine of not more 
35.13 	than $1,000, or both, if the value of the dishonored check, or checks aggregated under 
35.14 	paragraph (b), is not more than $250 $500.
35.15 	(b) In a prosecution under this subdivision, the value of dishonored checks issued 
35.16 	by the defendant in violation of this subdivision within any six-month period may be 
35.17 	aggregated and the defendant charged accordingly in applying this section. When two or 
35.18 	more offenses are committed by the same person in two or more counties, the accused 
35.19 	may be prosecuted in any county in which one of the dishonored checks was issued for all 
35.20 	of the offenses aggregated under this paragraph.

35.21 	Sec. 12. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
35.22 	to read:
35.23 		Subd. 5.Government building. "Government building" means a building that 
35.24 	is owned,  leased, controlled, or operated by a governmental entity for a governmental 
35.25 	purpose.

35.26 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
35.27 	committed on or after that date.

35.28 	Sec. 13. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
35.29 	to read:
35.30 		Subd. 6.Religious establishment. "Religious establishment" means a building 
35.31 	used for worship services by a religious organization and clearly identified as such by a 
35.32 	posted  sign or other means.

36.1 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
36.2 	committed on or after that date.

36.3 	Sec. 14. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
36.4 	to read:
36.5 		Subd. 7.School building. "School building" means a public or private preschool, 
36.6 	elementary school, middle school, secondary school, or postsecondary school building.

36.7 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
36.8 	committed on or after that date.

36.9 	Sec. 15. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
36.10 	to read:
36.11 		Subd. 8.Historic property. "Historic property" means any property identified 
36.12 	as a historic site or historic place by sections 138.661 to 138.664 and clearly identified 
36.13 	as such by a posted sign or other means.

36.14 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
36.15 	committed on or after that date.

36.16 	Sec. 16. Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:
36.17 		Subd. 2.Burglary in the second degree. (a) Whoever enters a building without 
36.18 	consent and with intent to commit a crime, or enters a building without consent and 
36.19 	commits a crime while in the building, either directly or as an accomplice, commits 
36.20 	burglary in the second degree and may be sentenced to imprisonment for not more than 
36.21 	ten years or to payment of a fine of not more than $20,000, or both, if:
36.22 	(a) (1) the building is a dwelling;
36.23 	(b) (2) the portion of the building entered contains a banking business or other 
36.24 	business of receiving securities or other valuable papers for deposit or safekeeping and 
36.25 	the entry is with force or threat of force;
36.26 	(c) (3) the portion of the building entered contains a pharmacy or other lawful 
36.27 	business or practice in which controlled substances are routinely held or stored, and the 
36.28 	entry is forcible; or
36.29 	(d) (4) when entering or while in the building, the burglar possesses a tool to gain 
36.30 	access to money or property.
36.31 	(b) Whoever enters a government building, religious establishment, historic property, 
36.32 	or school building without consent and with intent to commit a crime under section 609.52 
37.1 	or 609.595, or enters a government building, religious establishment, historic property, or 
37.2 	school building without consent and commits a crime under section 609.52 or 609.595 
37.3 	while in the building, either directly or as an accomplice, commits burglary in the second 
37.4 	degree and may be sentenced to imprisonment for not more than ten years or to payment 
37.5 	of a fine of not more  than $20,000, or both.

37.6 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
37.7 	committed on or after that date.

37.8 	Sec. 17. [609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR 
37.9 	TELECOMMUNICATIONS EQUIPMENT.
37.10 		Subdivision 1.Crime. Whoever intentionally and without consent from one 
37.11 	authorized to give consent causes any damage or takes, removes, severs, or breaks:
37.12 	(1) any line erected or maintained for the purpose of transmitting electricity for 
37.13 	light, heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected 
37.14 	therewith, any wire, cable, or current thereof;
37.15 	(2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained 
37.16 	for the purpose of transporting, conveying, or distributing gas or other hazardous liquids 
37.17 	for light, heat, power, or any other purpose, or any part thereof, or any valve, meter, 
37.18 	holder, compressor, machinery, appurtenance, equipment, or apparatus connected with any 
37.19 	such main or pipeline; or
37.20 	(3) any machinery, equipment, and fixtures used in receiving, initiating, 
37.21 	amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring 
37.22 	telecommunications services, such as computers, transformers, amplifiers, routers, 
37.23 	repeaters, multiplexers, and other items performing comparable functions; and machinery, 
37.24 	equipment, and fixtures used in the transportation of telecommunications services, 
37.25 	radio transmitters and receivers, satellite equipment, microwave equipment, and other 
37.26 	transporting media including wire, cable, fiber, poles, and conduit;
37.27 	is guilty of a crime and may be sentenced as provided in subdivision 2.
37.28 		Subd. 2.Penalty. Whoever violates subdivision 1 is guilty of a felony and may 
37.29 	be sentenced to imprisonment for not more than five years or to payment of a fine of 
37.30 	not more than $10,000, or both.

37.31 	Sec. 18. [609.5935] TAMPERING WITH GAS AND ELECTRICAL LINES.
37.32 	Whoever intentionally and without claim of right, takes, removes, breaks, or severs, 
37.33 	a line or any part connected to a line that is used for supplying or transporting gas or 
38.1 	electricity without the consent of one authorized to give consent and in a manner that 
38.2 	creates a substantial risk of death or bodily harm or serious property damage is guilty of a 
38.3 	felony and may be sentenced to imprisonment for not more than 20 years or to payment of 
38.4 	a fine of not more than $100,000, or both.

38.5 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
38.6 	committed on or after that date.

38.7 	Sec. 19. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
38.8 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
38.9 	intentionally causes damage to physical property of another without the latter's consent 
38.10 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
38.11 	not more than $10,000, or both, if:
38.12 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
38.13 	harm; or
38.14 	(2) the property damaged belongs to a common carrier and the damage impairs the 
38.15 	service to the public rendered by the carrier; or
38.16 	(3) the damage reduces the value of the property by more than $500 $1,000 measured 
38.17 	by the cost of repair and replacement; or
38.18 	(4) the damage reduces the value of the property by more than $250 $500 measured 
38.19 	by the cost of repair and replacement and the defendant has been convicted within the 
38.20 	preceding three years of an offense under this subdivision or subdivision 2.
38.21 	In any prosecution under clause (3), the value of any property damaged by the 
38.22 	defendant in violation of that clause within any six-month period may be aggregated and 
38.23 	the defendant charged accordingly in applying the provisions of this section; provided that 
38.24 	when two or more offenses are committed by the same person in two or more counties, the 
38.25 	accused may be prosecuted in any county in which one of the offenses was committed for 
38.26 	all of the offenses aggregated under this paragraph.

38.27 	Sec. 20. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
38.28 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
38.29 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
38.30 	person's physical property without the other person's consent may be sentenced to 
38.31 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
38.32 	or both, if the damage reduces the value of the property by more than $250 $500 but not 
38.33 	more than $500 $1,000 as measured by the cost of repair and replacement.
39.1 	(b) Whoever intentionally causes damage to another person's physical property 
39.2 	without the other person's consent because of the property owner's or another's actual or 
39.3 	perceived race, color, religion, sex, sexual orientation, disability as defined in section 
39.4 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
39.5 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
39.6 	value of the property by not more than $250 $500. 
39.7 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
39.8 	defendant in violation of that paragraph within any six-month period may be aggregated 
39.9 	and the defendant charged accordingly in applying this section. When two or more 
39.10 	offenses are committed by the same person in two or more counties, the accused may 
39.11 	be prosecuted in any county in which one of the offenses was committed for all of the 
39.12 	offenses aggregated under this paragraph.

39.13 	Sec. 21. Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:
39.14 		Subdivision 1.Definition. For the purposes of this section, the following terms have 
39.15 	the meanings given them in this subdivision.
39.16 	(a) "Harassment" includes:
39.17 	(1) a single incident of physical or sexual assault or repeated incidents of intrusive or 
39.18 	unwanted acts, words, or gestures that have a substantial adverse effect or are intended to 
39.19 	have a substantial adverse effect on the safety, security, or privacy of another, regardless 
39.20 	of the relationship between the actor and the intended target;
39.21 	(2) targeted residential picketing; and
39.22 	(3) a pattern of attending public events after being notified that the actor's presence 
39.23 	at the event is harassing to another.; and
39.24 	(4) a single incident of posing as another person or persons through the use of the 
39.25 	Internet or a computer, computer program, computer network, or computer system, 
39.26 	without express authorization in order to harass or defame another person or persons.
39.27 	(b) "Respondent" includes any adults or juveniles alleged to have engaged in 
39.28 	harassment or organizations alleged to have sponsored or promoted harassment.
39.29 	(c) "Targeted residential picketing" includes the following acts when committed on 
39.30 	more than one occasion:
39.31 	(1) marching, standing, or patrolling by one or more persons directed solely at a 
39.32 	particular residential building in a manner that adversely affects the safety, security, or 
39.33 	privacy of an occupant of the building; or
40.1 	(2) marching, standing, or patrolling by one or more persons which prevents an 
40.2 	occupant of a residential building from gaining access to or exiting from the property on 
40.3 	which the residential building is located.

40.4 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
40.5 	committed on or after that date.

40.6 	Sec. 22. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
40.7 		Subd. 5.Restraining order. (a) The court may grant a restraining order ordering 
40.8 	the respondent to cease or avoid the harassment of another person or to have no contact 
40.9 	with that person if all of the following occur:
40.10 	(1) the petitioner has filed a petition under subdivision 3;
40.11 	(2) the sheriff has served respondent with a copy of the temporary restraining order 
40.12 	obtained under subdivision 4, and with notice of the right to request a hearing, or service 
40.13 	has been made by publication under subdivision 3, paragraph (b); and
40.14 	(3) the court finds at the hearing that there are reasonable grounds to believe that 
40.15 	the respondent has engaged in harassment.
40.16 	Except as provided in paragraph (c), a restraining order may be issued only against the 
40.17 	respondent named in the petition; except that and if the respondent is an organization, the 
40.18 	order may be issued against and apply to all of the members of the organization. Relief 
40.19 	granted by the restraining order must be for a fixed period of not more than two years. 
40.20 	When a referee presides at the hearing on the petition, the restraining order becomes 
40.21 	effective upon the referee's signature.
40.22 	(b) An order issued under this subdivision must be personally served upon the 
40.23 	respondent.
40.24 	(c) If the harassment involves communication through the use of the Internet or 
40.25 	a computer, computer program, computer network, or computer system, a restraining 
40.26 	order may also be issued against private computer networks, including Internet service 
40.27 	providers or computer bulletin board systems, that are publishing harassing information. 
40.28 	A restraining order issued under this paragraph may direct the respondent or a private 
40.29 	computer network to remove or correct the harassing information. A restraining order 
40.30 	issued under this paragraph may be served by mail upon any private computer network 
40.31 	affected.

40.32 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
40.33 	committed on or after that date.

41.1 	Sec. 23.  REPEALER.
 41.2 	Minnesota Statutes 2006, section 609.805, is repealed.

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

41.4 	ARTICLE 3
41.5 	DWI AND DRIVING RELATED PROVISIONS

41.6 	Section 1. Minnesota Statutes 2006, section 169A.275, is amended by adding a 
41.7 	subdivision to read:
41.8 		Subd. 7.Exception. (a) A judge is not required to sentence a person as provided 
41.9 	in this section if the judge requires the person as a condition of probation to drive only 
41.10 	motor vehicles equipped with an ignition interlock device meeting the standards described 
41.11 	in section 171.306.
41.12 	(b) This subdivision expires July 1, 2009.

41.13 	EFFECTIVE DATE. This section is effective July 1, 2007, and applies to crimes 
41.14 	committed on or after that date.

41.15 	Sec. 2. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
41.16 		Subd. 7.Requirements for conducting tests; liability. (a) Only a physician, 
41.17 	medical technician, emergency medical technician-paramedic, registered nurse, medical 
41.18 	technologist, medical laboratory technician, phlebotomist, or laboratory assistant acting 
41.19 	at the request of a peace officer may withdraw blood for the purpose of determining the 
41.20 	presence of alcohol, a controlled substance or its metabolite, or a hazardous substance. 
41.21 	This limitation does not apply to the taking of a breath or urine sample.
41.22 	(b) The person tested has the right to have someone of the person's own choosing 
41.23 	administer a chemical test or tests in addition to any administered at the direction of a 
41.24 	peace officer; provided, that the additional test sample on behalf of the person is obtained 
41.25 	at the place where the person is in custody, after the test administered at the direction of a 
41.26 	peace officer, and at no expense to the state. The failure or inability to obtain an additional 
41.27 	test or tests by a person does not preclude the admission in evidence of the test taken at 
41.28 	the direction of a peace officer unless the additional test was prevented or denied by the 
41.29 	peace officer.
41.30 	(c) The physician, medical technician, emergency medical technician-paramedic, 
41.31 	medical technologist, medical laboratory technician, laboratory assistant, phlebotomist, 
41.32 	or registered nurse drawing blood at the request of a peace officer for the purpose of 
41.33 	determining the concentration of alcohol, a controlled substance or its metabolite, or a 
42.1 	hazardous substance is in no manner liable in any civil or criminal action except for 
42.2 	negligence in drawing the blood. The person administering a breath test must be fully 
42.3 	trained in the administration of breath tests pursuant to training given by the commissioner 
42.4 	of public safety.

42.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
42.6 	and applies to crimes committed on or after that date.

42.7 	Sec. 3. Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision 
42.8 	to read:
42.9 		Subd. 9.Driving record disclosure to law enforcement. The commissioner 
42.10 	shall also furnish driving records, without charge, to chiefs of police, county sheriffs, 
42.11 	prosecuting attorneys, and other law enforcement agencies with the power to arrest.

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

42.13 	Sec. 4. [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
42.14 		Subdivision 1.Pilot project established; reports. The commissioner shall 
42.15 	conduct a two-year ignition interlock device pilot project as provided in this section. The 
42.16 	commissioner shall select one metropolitan county and one rural county to participate 
42.17 	in the pilot project. The pilot project must begin on July 1, 2007, and continue until 
42.18 	June 30, 2009. The commissioner shall submit two preliminary reports by February 1, 
42.19 	2008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs 
42.20 	and ranking minority members of the senate and house of representatives committees 
42.21 	having jurisdiction over criminal justice policy and funding. The reports must evaluate the 
42.22 	successes and failures of the pilot project, provide information on participation rates, and 
42.23 	make recommendations on continuing the project.
42.24 		Subd. 2.Performance standards; certification. The commissioner shall determine 
42.25 	appropriate performance standards and a certification process for ignition interlock 
42.26 	devices for the pilot project. Only devices certified by the commissioner as meeting the 
42.27 	performance standards may be used in the pilot project.
42.28 		Subd. 3.Pilot project components. (a) Under the pilot project, the commissioner 
42.29 	shall issue a driver's license to an individual whose driver's license has been revoked 
42.30 	under chapter 169A for a repeat impaired driving incident if the person qualifies under this 
42.31 	section and agrees to all of the conditions of the project.
42.32 	(b) The commissioner must flag the person's driver's license record to indicate the 
42.33 	person's participation in the program. The license must authorize the person to drive only 
43.1 	vehicles having functioning ignition interlock devices conforming with the requirements 
43.2 	of subdivision 2.
43.3 	(c) Notwithstanding any statute or rule to the contrary, the commissioner has 
43.4 	authority to and shall determine the appropriate period for which a person participating in 
43.5 	the ignition interlock pilot program shall be subject to this program, and when the person 
43.6 	is eligible to be issued:
43.7 	(1) a limited driver's license subject to the ignition interlock restriction;
43.8 	(2) full driving privileges subject to the ignition interlock restriction; and
43.9 	(3) a driver's license without an ignition interlock restriction.
43.10 	(d) A person participating in this pilot project shall agree to participate in any 
43.11 	treatment recommended by a chemical use assessment.
43.12 	(e) The commissioner shall determine guidelines for participation in the project. 
43.13 	A person participating in the project shall sign a written agreement accepting these 
43.14 	guidelines and agreeing to comply with them.
43.15 	(f) It is a misdemeanor for a person who is licensed under this section for driving a 
43.16 	vehicle equipped with an ignition interlock device:
43.17 	(1) to start or attempt to start, or to operate or attempt to operate, the vehicle while 
43.18 	the person has any amount of alcohol in the person's body; or
43.19 	(2) to drive, operate or be in physical control of a motor vehicle other than a vehicle 
43.20 	properly equipped with an ignition interlock device.

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

43.22 	Sec. 5. Minnesota Statutes 2006, section 171.55, is amended to read:
43.23 	171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
43.24 	The commissioner shall give the same effect for driver licensing purposes to conduct 
43.25 	reported from a licensing authority or court in another state or province or territory 
43.26 	of Canada that the commissioner would give to conduct reported from a court or other 
43.27 	agency of this state, whether or not the other state or province or territory of Canada is a 
43.28 	party to the Driver License Compact in section 171.50. The conduct to be given effect by 
43.29 	the commissioner includes a report of conviction for an offense enumerated in section 
43.30 	171.50, article IV, or an offense described in sections 171.17 and 171.18. 

43.31 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
43.32 	committed on or after that date.

43.33 	Sec. 6. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
44.1 		Subdivision 1.Criminal vehicular homicide operation; crime described. A 
44.2 	person is guilty of criminal vehicular homicide resulting in death and may be sentenced to 
44.3 	imprisonment for not more than ten years or to payment of a fine of not more than $20,000, 
44.4 	or both operation and may be sentenced as provided in subdivision 1a, if the person causes 
44.5 	injury to or the death of a human being not constituting murder or manslaughteranother 
44.6 	as a result of operating a motor vehicle:
44.7 	(1) in a grossly negligent manner;
44.8 	(2) in a negligent manner while under the influence of:
44.9 	(i) alcohol;
44.10 	(ii) a controlled substance; or
44.11 	(iii) any combination of those elements;
44.12 	(3) while having an alcohol concentration of 0.08 or more;
44.13 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
44.14 	two hours of the time of driving;
44.15 	(5) in a negligent manner while knowingly under the influence of a hazardous 
44.16 	substance;
44.17 	(6) in a negligent manner while any amount of a controlled substance listed in 
44.18 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
44.19 	present in the person's body; or
44.20 	(7) where the driver who causes the accident leaves the scene of the accident in 
44.21 	violation of section 169.09, subdivision 1 or 6.  

44.22 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
44.23 	committed on or after that date.

44.24 	Sec. 7. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision 
44.25 	to read:
44.26 		Subd. 1a.Criminal penalties. (a) A person who violates subdivision 1 and causes 
44.27 	the death of a human being not constituting murder or manslaughter or the death of an 
44.28 	unborn child may be sentenced to imprisonment for not more than ten years or to payment 
44.29 	of a fine of not more than $20,000, or both.
44.30 	(b) A person who violates subdivision 1 and causes great bodily harm to another not 
44.31 	constituting attempted murder or assault or great bodily harm to an unborn child who is 
44.32 	subsequently born alive may be sentenced to imprisonment for not more than five years or 
44.33 	to payment of a fine of not more than $10,000, or both.
45.1 	(c) A person who violates subdivision 1 and causes substantial bodily harm to 
45.2 	another may be sentenced to imprisonment for not more than three years or to payment of 
45.3 	a fine of not more than $10,000, or both.
45.4 	(d) A person who violates subdivision 1 and causes bodily harm to another may be 
45.5 	sentenced to imprisonment for not more than one year or to payment of a fine of not 
45.6 	more than $3,000, or both.

45.7 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
45.8 	committed on or after that date.

45.9 	Sec. 8. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision 
45.10 	to read:
45.11 		Subd. 1b.Conviction not bar to punishment for other crimes. A prosecution 
45.12 	for or a conviction of a crime under this section relating to causing death or injury to an 
45.13 	unborn child is not a bar to conviction of or punishment for any other crime committed by 
45.14 	the defendant as part of the same conduct.

45.15 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
45.16 	committed on or after that date.

45.17 	Sec. 9. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
45.18 		Subd. 4a.Affirmative defense. It shall be an affirmative defense to a charge under 
45.19 	subdivision 1, clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4, 
45.20 	clause (6), that the defendant used the controlled substance according to the terms of a 
45.21 	prescription issued for the defendant in accordance with sections 152.11 and 152.12. 

45.22 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
45.23 	committed on or after that date.

45.24 	Sec. 10. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
45.25 		Subd. 5.Definitions. For purposes of this section, the terms defined in this 
45.26 	subdivision have the meanings given them.
45.27 	(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and 
45.28 	includes attached trailers. 
45.29 	(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4. 
45.30 	(c) "Hazardous substance" means any chemical or chemical compound that is listed 
45.31 	as a hazardous substance in rules adopted under chapter 182.

46.1 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes 
46.2 	committed on or after that date.

46.3 	Sec. 11. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
46.4 		Subdivision 1.Certificates of analysis; blood sample reports; chain of custody.
 46.5 	(a) In any hearing or trial of a criminal offense or petty misdemeanor or proceeding 
46.6 	pursuant to section 169A.53, subdivision 3, the following documents shall be admissible 
46.7 	in evidence: 
46.8 	(a) (1) a report of the facts and results of any laboratory analysis or examination if it 
46.9 	is prepared and attested by the person performing the laboratory analysis or examination 
46.10 	in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the 
46.11 	bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau 
46.12 	of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol, 
46.13 	Tobacco and Firearms, or the federal Drug Enforcement Administration;
46.14 	(b) (2) a report of a blood sample withdrawn under the implied consent law if:
46.15 	(i) The report was prepared by the person who administered the test;
46.16 	(ii) The person who withdrew the blood sample was competent to administer the test 
46.17 	under section 169A.51, subdivision 7; and 
46.18 	(iii) The report was prepared consistent with any applicable rules promulgated 
46.19 	by the commissioner of public safety; and
46.20 	(c) (3) a verified chain of custody of a specimen while under the control of a 
46.21 	laboratory described in clause (a)(1).
46.22 	(b) A report described in paragraph (a), clause (a)(1), purported to be signed by the 
46.23 	person performing the analysis or examination in a laboratory named in that clause, or a 
46.24 	blood sample report described in paragraph (a), clause (b) (2), purported to be signed by 
46.25 	the person who withdrew the blood sample shall be admissible as evidence without proof 
46.26 	of the seal, signature or official character of the person whose name is signed to it. The 
46.27 	signature in paragraph (a), clause (a) (1) or (b) (2), can be written or in electronic format.
46.28 	(c) At least 20 days before trial, the prosecutor shall submit to the accused person or 
46.29 	the accused person's attorney notice of the contents of a report described in paragraph (a) 
46.30 	and of the requirements of subdivision 2.

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

46.32 	Sec. 12. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
46.33 		Subd. 2.Testimony at trial. (a) Except in civil proceedings, including proceedings 
46.34 	under section 169A.53, an accused person or the accused person's attorney may request, 
47.1 	by notifying the prosecuting attorney at least ten days before the trial, that the following 
47.2 	persons testify in person at the trial on behalf of the state: 
47.3 	(a) (1) a person who performed the laboratory analysis or examination for the report 
47.4 	described in subdivision 1, paragraph (a), clause (a) (1); or
47.5 	(b) (2) a person who prepared the blood sample report described in subdivision 
47.6 	1, paragraph (a), clause (b) (2).
47.7 	If a petitioner in a proceeding under section 169A.53 subpoenas a person described 
47.8 	in paragraph (a) clause (1) or (b) (2), to testify at the proceeding, the petitioner is not 
47.9 	required to pay the person witness fees under section 357.22 in excess of $100. 
47.10 	(b) If the accused person or the accused person's attorney does not comply with 
47.11 	the ten-day requirement described in paragraph (a), the prosecutor is not required to 
47.12 	produce the person who performed the analysis or examination or prepared the report. 
47.13 	In this case, the accused person's right to confront that witness is waived and the report 
47.14 	shall be admitted into evidence.

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

47.16 	Sec. 13. REVISOR'S INSTRUCTION.
 47.17 	(a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135, 
47.18 	subdivision 2, the revisor of statutes shall change the references in column A to the 
47.19 	references in column B.

47.20		Column A
	Column B
	
47.21		609.21, subdivision 1
	609.21, subdivision 1a, paragraph (a)
	
47.22		609.21, subdivision 2
	609.21, subdivision 1a, paragraph (b)
	
47.23		609.21, subdivision 2a
	609.21, subdivision 1a, paragraph (c)
	
47.24		609.21, subdivision 2b
	609.21, subdivision 1a, paragraph (d)
	
47.25		609.21, subdivision 4
	609.21, subdivision 1a, paragraph (b)
	
47.26 	(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall 
47.27 	replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a 
47.28 	reference to Minnesota Statutes, section 609.21, subdivision 1b.
47.29 	(c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the 
47.30 	reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to 
47.31 	Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
47.32 	(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota 
47.33 	Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references 
47.34 	to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a, 
48.1 	clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and 
48.2 	subdivision 4, clauses (2) to (6).

48.3 	EFFECTIVE DATE. This section is effective August 1, 2007.

48.4 	Sec. 14.  REPEALER.
 48.5 		Subdivision 1.Verify auto insurance.  Minnesota Statutes 2006, section 169.796, 
48.6 	subdivision 3, is repealed.
48.7 		Subd. 2.Suspension of mailed demands. Laws 2005, First Special Session chapter 
48.8 	6, article 3, section 91, is repealed.
48.9 		Subd. 3.Criminal vehicular operation.  Minnesota Statutes 2006, section 609.21, 
48.10 	subdivisions 2, 2a, 2b, 3, and 4, are repealed.

48.11 	EFFECTIVE DATE. Subdivisions 1 and 2 are effective the day following final 
48.12 	enactment. Subdivision 3 is effective August 1, 2007.

48.13 	ARTICLE 4
48.14 	CRIME VICTIMS

48.15 	Section 1. [299A.786] LEGAL ADVOCACY TRAFFICKING VICTIMS; GRANT.
48.16 	(a) The commissioner of public safety shall award a grant for ten weekly 
48.17 	international trafficking screening clinics that are staffed by attorneys from a nonprofit 
48.18 	organization that provides free legal, medical, dental, mental health, shelter, and vocational 
48.19 	counseling services and English language classes to trafficking victims in the state.
48.20 	(b) The grant applicant shall prepare and submit to the commissioner of public 
48.21 	safety a written grant proposal detailing the screening clinic free services, including 
48.22 	components of the services offered.

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

48.24 	Sec. 2. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:
48.25 		Subdivision 1.Formulation of policies. (a) The commissioner shall formulate 
48.26 	policies to effectuate the purposes of this chapter and shall:
48.27 	(1) exercise leadership under the direction of the governor in the development of 
48.28 	human rights policies and programs, and make recommendations to the governor and the 
48.29 	legislature for their consideration and implementation;
48.30 	(2) establish and maintain a principal office in St. Paul, and any other necessary 
48.31 	branch offices at any location within the state;
49.1 	(3) meet and function at any place within the state;
49.2 	(4) employ attorneys, clerks, and other employees and agents as the commissioner 
49.3 	may deem necessary and prescribe their duties;
49.4 	(5) to the extent permitted by federal law and regulation, utilize the records of the 
49.5 	Department of Employment and Economic Development of the state when necessary 
49.6 	to effectuate the purposes of this chapter;
49.7 	(6) obtain upon request and utilize the services of all state governmental departments 
49.8 	and agencies;
49.9 	(7) adopt suitable rules for effectuating the purposes of this chapter;
49.10 	(8) issue complaints, receive and investigate charges alleging unfair discriminatory 
49.11 	practices, and determine whether or not probable cause exists for hearing;
49.12 	(9) subpoena witnesses, administer oaths, take testimony, and require the production 
49.13 	for examination of any books or papers relative to any matter under investigation or in 
49.14 	question as the commissioner deems appropriate to carry out the purposes of this chapter;
49.15 	(10) attempt, by means of education, conference, conciliation, and persuasion to 
49.16 	eliminate unfair discriminatory practices as being contrary to the public policy of the state;
49.17 	(11) develop and conduct programs of formal and informal education designed to 
49.18 	eliminate discrimination and intergroup conflict by use of educational techniques and 
49.19 	programs the commissioner deems necessary;
49.20 	(12) make a written report of the activities of the commissioner to the governor 
49.21 	each year;
49.22 	(13) accept gifts, bequests, grants, or other payments public and private to help 
49.23 	finance the activities of the department;
49.24 	(14) create such local and statewide advisory committees as will in the 
49.25 	commissioner's judgment aid in effectuating the purposes of the Department of Human 
49.26 	Rights;
49.27 	(15) develop such programs as will aid in determining the compliance throughout 
49.28 	the state with the provisions of this chapter, and in the furtherance of such duties, conduct 
49.29 	research and study discriminatory practices based upon race, color, creed, religion, 
49.30 	national origin, sex, age, disability, marital status, status with regard to public assistance, 
49.31 	familial status, sexual orientation, or other factors and develop accurate data on the nature 
49.32 	and extent of discrimination and other matters as they may affect housing, employment, 
49.33 	public accommodations, schools, and other areas of public life;
49.34 	(16) develop and disseminate technical assistance to persons subject to the provisions 
49.35 	of this chapter, and to agencies and officers of governmental and private agencies;
50.1 	(17) provide staff services to such advisory committees as may be created in aid of 
50.2 	the functions of the Department of Human Rights;
50.3 	(18) make grants in aid to the extent that appropriations are made available for that 
50.4 	purpose in aid of carrying out duties and responsibilities; and
50.5 	(19) cooperate and consult with the commissioner of labor and industry regarding 
50.6 	the investigation of violations of, and resolution of complaints regarding section 363A.08, 
50.7 	subdivision 7. 
50.8 	In performing these duties, the commissioner shall give priority to those duties in 
50.9 	clauses (8), (9), and (10) and to the duties in section 363A.36. 
50.10 	(b) All gifts, bequests, grants, or other payments, public and private, accepted under 
50.11 	paragraph (a), clause (13), must be deposited in the state treasury and credited to a special 
50.12 	account. Money in the account is appropriated to the commissioner of human rights to 
50.13 	help finance activities of the department.

50.14 	Sec. 3. [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO 
50.15 	TERMINATE LEASE.
50.16 		Subdivision 1.Right to terminate; procedure. A tenant to a residential lease who 
50.17 	is a victim of domestic abuse and fears imminent domestic abuse against the tenant or the 
50.18 	tenant's children by remaining in the leased premises may terminate a lease agreement 
50.19 	without penalty or liability, except as provided by this section, by providing written notice 
50.20 	to the landlord stating that the tenant fears imminent domestic abuse and indicating 
50.21 	the specific date the tenant intends to vacate the premises. The written notice must be 
50.22 	delivered by mail, fax, or in person, and be accompanied by one of the following:
50.23 	(1) an order for protection under chapter 518B; or
50.24 	(2) a no contact order, currently in effect, issued under section 518B.01, subdivision 
50.25 	22, or chapter 609.
50.26 		Subd. 2.Confidentiality of information. Information provided to the landlord by 
50.27 	the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the 
50.28 	landlord as confidential. The information may not be entered into any shared database 
50.29 	or provided to any entity except when required for use in an eviction proceeding, upon 
50.30 	the consent of the victim, or as otherwise required by law.
50.31 		Subd. 3.Liability for rent; termination of tenancy. (a) A tenant terminating a 
50.32 	lease pursuant to subdivision 1 is responsible for one month's rent following the vacation 
50.33 	of the premises and is relieved of any contractual obligation for payment of rent or any 
50.34 	other charges for the remaining term of the lease.
51.1 	(b) This section does not affect a tenant's liability for delinquent, unpaid rent or 
51.2 	other sums owed to the landlord before the lease was terminated by the tenant under this 
51.3 	section. The return or retention of the security deposit is subject to the provisions of 
51.4 	section 504B.178.
51.5 	(c) The tenancy terminates, including the right of possession of the premises, when 
51.6 	the tenant surrenders the keys to the premises to the landlord. The one month's rent is due 
51.7 	and payable on or before the date the tenant vacates the premises, as indicated in their 
51.8 	written notice pursuant to subdivision 1. For purposes of this section, the provisions of 
51.9 	section 504B.178 commence upon the first day of the month following either:
51.10 	(1) the date the tenant vacates the premises; or
51.11 	(2) the date the tenant pays the one month's rent, whichever occurs first.
51.12 	(d) The provisions of this subdivision do not apply until written notice meeting the 
51.13 	requirements of subdivision 1 is delivered to the landlord.
51.14 		Subd. 4.Multiple tenants. Notwithstanding the release of a tenant from a lease 
51.15 	agreement under this section, if there are any remaining tenants residing in the premises 
51.16 	the tenancy shall continue for those remaining tenants. A perpetrator who has been 
51.17 	excluded from the premises under court order remains liable under the lease with any 
51.18 	other tenant of the premises for rent or damage to the premises.
51.19 		Subd. 5.Waiver prohibited. A residential tenant may not waive, and a landlord 
51.20 	may not require the residential tenant to waive, the resident tenant's rights under this 
51.21 	section.
51.22 		Subd. 6.Definition. For purposes of this section, "domestic abuse" has the meaning 
51.23 	given in section 518B.01, subdivision 2.

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

51.25 	Sec. 4. Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to read:
51.26 		Subd. 6a.Subsequent orders and extensions. (a) Upon application, notice to 
51.27 	all parties, and hearing, the court may extend the relief granted in an existing order for 
51.28 	protection or, if a petitioner's order for protection is no longer in effect when an application 
51.29 	for subsequent relief is made, grant a new order. The court may extend the terms of an 
51.30 	existing order or, if an order is no longer in effect, grant a new order upon a showing that:
51.31 	(1) the respondent has violated a prior or existing order for protection;
51.32 	(2) the petitioner is reasonably in fear of physical harm from the respondent;
51.33 	(3) the respondent has engaged in acts of harassment or stalking within the meaning 
51.34 	of section 609.749, subdivision 2; or 
52.1 	(4) the respondent is incarcerated and about to be released, or has recently been 
52.2 	released from incarceration.
52.3 	A petitioner does not need to show that physical harm is imminent to obtain an 
52.4 	extension or a subsequent order under this subdivision.
52.5 	(b) If the court extends relief in an existing order for protection or grants a new 
52.6 	order, the court may order the respondent to provide the following information to the 
52.7 	court for purposes of service of process: the respondent's home address, the respondent's 
52.8 	employment address, and the names and locations of the respondent's parents, siblings, 
52.9 	children, or other close relatives.

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

52.11 	Sec. 5. Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
52.12 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
52.13 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
52.14 	before any person who has authority to receive evidence, except as provided in this 
52.15 	subdivision:
52.16 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
52.17 	wife for or against her husband without his consent, nor can either, during the marriage or 
52.18 	afterwards, without the consent of the other, be examined as to any communication made 
52.19 	by one to the other during the marriage. This exception does not apply to a civil action or 
52.20 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
52.21 	committed by one against the other or against a child of either or against a child under the 
52.22 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
52.23 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
52.24 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
52.25 	neglect, dependency, or termination of parental rights.
52.26 	(b) An attorney cannot, without the consent of the attorney's client, be examined as 
52.27 	to any communication made by the client to the attorney or the attorney's advice given 
52.28 	thereon in the course of professional duty; nor can any employee of the attorney be 
52.29 	examined as to the communication or advice, without the client's consent.
52.30 	(c) A member of the clergy or other minister of any religion shall not, without the 
52.31 	consent of the party making the confession, be allowed to disclose a confession made to 
52.32 	the member of the clergy or other minister in a professional character, in the course of 
52.33 	discipline enjoined by the rules or practice of the religious body to which the member of 
52.34 	the clergy or other minister belongs; nor shall a member of the clergy or other minister of 
52.35 	any religion be examined as to any communication made to the member of the clergy or 
53.1 	other minister by any person seeking religious or spiritual advice, aid, or comfort or advice 
53.2 	given thereon in the course of the member of the clergy's or other minister's professional 
53.3 	character, without the consent of the person.
53.4 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the 
53.5 	consent of the patient, be allowed to disclose any information or any opinion based thereon 
53.6 	which the professional acquired in attending the patient in a professional capacity, and 
53.7 	which was necessary to enable the professional to act in that capacity; after the decease 
53.8 	of the patient, in an action to recover insurance benefits, where the insurance has been 
53.9 	in existence two years or more, the beneficiaries shall be deemed to be the personal 
53.10 	representatives of the deceased person for the purpose of waiving this privilege, and no 
53.11 	oral or written waiver of the privilege shall have any binding force or effect except when 
53.12 	made upon the trial or examination where the evidence is offered or received.
53.13 	(e) A public officer shall not be allowed to disclose communications made to the 
53.14 	officer in official confidence when the public interest would suffer by the disclosure.
53.15 	(f) Persons of unsound mind and persons intoxicated at the time of their production 
53.16 	for examination are not competent witnesses if they lack capacity to remember or to relate 
53.17 	truthfully facts respecting which they are examined.
53.18 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social 
53.19 	worker engaged in a psychological or social assessment or treatment of an individual 
53.20 	at the individual's request shall not, without the consent of the professional's client, be 
53.21 	allowed to disclose any information or opinion based thereon which the professional has 
53.22 	acquired in attending the client in a professional capacity, and which was necessary to 
53.23 	enable the professional to act in that capacity. Nothing in this clause exempts licensed 
53.24 	social workers from compliance with the provisions of sections 626.556 and 626.557. 
53.25 	(h) An interpreter for a person disabled in communication shall not, without the 
53.26 	consent of the person, be allowed to disclose any communication if the communication 
53.27 	would, if the interpreter were not present, be privileged. For purposes of this section, a 
53.28 	"person disabled in communication" means a person who, because of a hearing, speech 
53.29 	or other communication disorder, or because of the inability to speak or comprehend the 
53.30 	English language, is unable to understand the proceedings in which the person is required 
53.31 	to participate. The presence of an interpreter as an aid to communication does not destroy 
53.32 	an otherwise existing privilege.
53.33 	(i) Licensed chemical dependency counselors shall not disclose information or 
53.34 	an opinion based on the information which they acquire from persons consulting them 
53.35 	in their professional capacities, and which was necessary to enable them to act in that 
53.36 	capacity, except that they may do so:
54.1 	(1) when informed consent has been obtained in writing, except in those 
54.2 	circumstances in which not to do so would violate the law or would result in clear and 
54.3 	imminent danger to the client or others;
54.4 	(2) when the communications reveal the contemplation or ongoing commission 
54.5 	of a crime; or
54.6 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
54.7 	against the licensed professional whom that person consulted.
54.8 	(j) A parent or the parent's minor child may not be examined as to any communication 
54.9 	made in confidence by the minor to the minor's parent. A communication is confidential if 
54.10 	made out of the presence of persons not members of the child's immediate family living 
54.11 	in the same household. This exception may be waived by express consent to disclosure 
54.12 	by a parent entitled to claim the privilege or by the child who made the communication 
54.13 	or by failure of the child or parent to object when the contents of a communication are 
54.14 	demanded. This exception does not apply to a civil action or proceeding by one spouse 
54.15 	against the other or by a parent or child against the other, nor to a proceeding to commit 
54.16 	either the child or parent to whom the communication was made or to place the person or 
54.17 	property or either under the control of another because of an alleged mental or physical 
54.18 	condition, nor to a criminal action or proceeding in which the parent is charged with a 
54.19 	crime committed against the person or property of the communicating child, the parent's 
54.20 	spouse, or a child of either the parent or the parent's spouse, or in which a child is charged 
54.21 	with a crime or act of delinquency committed against the person or property of a parent 
54.22 	or a child of a parent, nor to an action or proceeding for termination of parental rights, 
54.23 	nor any other action or proceeding on a petition alleging child abuse, child neglect, 
54.24 	abandonment or nonsupport by a parent.
54.25 	(k) Sexual assault counselors may not be compelled to testify about allowed to 
54.26 	disclose any opinion or information received from or about the victim without the consent 
54.27 	of the victim. However, a counselor may be compelled to identify or disclose information 
54.28 	in investigations or proceedings related to neglect or termination of parental rights if the 
54.29 	court determines good cause exists. In determining whether to compel disclosure, the 
54.30 	court shall weigh the public interest and need for disclosure against the effect on the 
54.31 	victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing 
54.32 	in this clause exempts sexual assault counselors from compliance with the provisions 
54.33 	of sections 626.556 and 626.557. 
54.34 	"Sexual assault counselor" for the purpose of this section means a person who has 
54.35 	undergone at least 40 hours of crisis counseling training and works under the direction 
55.1 	of a supervisor in a crisis center, whose primary purpose is to render advice, counseling, 
55.2 	or assistance to victims of sexual assault.
55.3 	(l) A person cannot be examined as to any communication or document, including 
55.4 	worknotes, made or used in the course of or because of mediation pursuant to an 
55.5 	agreement to mediate. This does not apply to the parties in the dispute in an application 
55.6 	to a court by a party to have a mediated settlement agreement set aside or reformed. 
55.7 	A communication or document otherwise not privileged does not become privileged 
55.8 	because of this paragraph. This paragraph is not intended to limit the privilege accorded 
55.9 	to communication during mediation by the common law.
55.10 	(m) A child under ten years of age is a competent witness unless the court finds that 
55.11 	the child lacks the capacity to remember or to relate truthfully facts respecting which the 
55.12 	child is examined. A child describing any act or event may use language appropriate for 
55.13 	a child of that age.
55.14 	(n) A communication assistant for a telecommunications relay system for 
55.15 	communication-impaired persons shall not, without the consent of the person making the 
55.16 	communication, be allowed to disclose communications made to the communication 
55.17 	assistant for the purpose of relaying.

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

55.19 	Sec. 6. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
55.20 		Subd. 5.Restraining order. (a) The court may grant a restraining order ordering 
55.21 	the respondent to cease or avoid the harassment of another person or to have no contact 
55.22 	with that person if all of the following occur:
55.23 	(1) the petitioner has filed a petition under subdivision 3;
55.24 	(2) the sheriff has served respondent with a copy of the temporary restraining order 
55.25 	obtained under subdivision 4, and with notice of the right to request a hearing, or service 
55.26 	has been made by publication under subdivision 3, paragraph (b); and
55.27 	(3) the court finds at the hearing that there are reasonable grounds to believe that 
55.28 	the respondent has engaged in harassment.
55.29 	A restraining order may be issued only against the respondent named in the petition; 
55.30 	except that if the respondent is an organization, the order may be issued against and apply 
55.31 	to all of the members of the organization. Relief granted by the restraining order must be 
55.32 	for a fixed period of not more than two years. When a referee presides at the hearing on 
55.33 	the petition, the restraining order becomes effective upon the referee's signature.
56.1 	If the petitioner has had one or more restraining orders in effect against the 
56.2 	respondent, the court may order the respondent to provide the following information to the 
56.3 	court for purposes of service of process: the respondent's home address, the respondent's 
56.4 	employment address, and the names and locations of the respondent's parents, siblings, 
56.5 	children, or other close relatives.
56.6 	(b) An order issued under this subdivision must be personally served upon the 
56.7 	respondent. If personal service cannot be made, the court may order service by alternate 
56.8 	means, or by publication, which publication must be made as in other actions. The 
56.9 	application for alternate service must include the last known location of the respondent; 
56.10 	the petitioner's most recent contacts with the respondent; the last known location of the 
56.11 	respondent's employment; the names and locations of the respondent's parents, siblings, 
56.12 	children, and other close relatives; the names and locations of other persons who are likely 
56.13 	to know the respondent's whereabouts; and a description of efforts to locate those persons. 
56.14 	The court shall consider the length of time the respondent's location has been unknown, 
56.15 	the likelihood that the respondent's location will become known, the nature of the relief 
56.16 	sought, and the nature of efforts made to locate the respondent. The court shall order 
56.17 	service by first class mail, forwarding address requested, to any addresses where there is a 
56.18 	reasonable possibility that mail or information will be forwarded or communicated to the 
56.19 	respondent. The court may also order publication, within or without the state, but only if it 
56.20 	might reasonably succeed in notifying the respondent of the proceeding. Service shall be 
56.21 	deemed complete 14 days after mailing or 14 days after court-ordered publication.

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

56.23 	Sec. 7. Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:
56.24 		Subd. 2.Victim's spouse or next of kin. An employer must allow a victim of a 
56.25 	heinous violent crime, as well as the victim's spouse or next of kin, reasonable time off 
56.26 	from work to attend criminal proceedings related to the victim's case.

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

56.28 	Sec. 8. Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
56.29 		Subd. 7.Definition. As used in this section, "heinous crime" "violent crime" means
56.30 	a violation or attempt to violate any of the following: section 609.185; 609.19; 609.195; 
56.31 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2241; 609.2242; 
56.32 	609.2245; 609.2247; 609.228; 609.23; 609.231; 609.2325; 609.233; 609.235; 609.24; 
56.33 	609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 
57.1 	609.267; 609.2671; 609.2672; 609.268; 609.282; 609.342; 609.343; 609.344; 609.345; 
57.2 	609.3451; 609.3453; 609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582, 
57.3 	subdivision 1, paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
57.4 	(1) a violation or attempted violation of section 609.185 or 609.19;
57.5 	(2) a violation of section 609.195 or 609.221; or
57.6 	(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed 
57.7 	with force or violence or if the complainant was a minor at the time of the offense.

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

57.9 	Sec. 9. [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL 
57.10 	CONDUCT COMPLAINTS; LIMITATIONS.
57.11 		Subdivision 1.Polygraph prohibition. No law enforcement agency or prosecutor 
57.12 	shall  require that a complainant of a criminal sexual conduct offense submit to a polygraph 
57.13 	examination as part of or a condition to proceeding with the investigation, charging, 
57.14 	or prosecution of such offense.
57.15 		Subd. 2.Law enforcement inquiry. A law enforcement agency or prosecutor may 
57.16 	not ask that a complainant of a criminal sexual conduct offense submit to a polygraph 
57.17 	examination as part of the investigation, charging, or prosecution of such offense unless 
57.18 	the complainant has been referred to, and had the opportunity to exercise the option of 
57.19 	consulting with a sexual assault counselor as defined in section 595.02, subdivision 1, 
57.20 	paragraph (k).
57.21 		Subd. 3.Informed consent requirement. At the request of the complainant, a law 
57.22 	enforcement agency may conduct a polygraph examination of the complainant only with 
57.23 	the complainant's written, informed consent as provided in this subdivision.
57.24 		Subd. 4.Informed consent. To consent to a polygraph, a complainant must be 
57.25 	informed in writing that:
57.26 	(1) the taking of the polygraph examination is voluntary and solely at the victim's 
57.27 	request;
57.28 	(2) a law enforcement agency or prosecutor may not ask or require that the 
57.29 	complainant submit to a polygraph examination;
57.30 	(3) the results of the examination are not admissible in court; and
57.31 	(4) the complainant's refusal to take a polygraph examination may not be used 
57.32 	as a basis by the law enforcement agency or prosecutor not to investigate, charge, or 
57.33 	prosecute the offender.
57.34 		Subd. 5.Polygraph refusal. A complainant's refusal to submit to a polygraph 
57.35 	examination shall not prevent the investigation, charging, or prosecution of the offense.
58.1 		Subd. 6.Definitions. For the purposes of this section, the following terms have 
58.2 	the meanings given.
58.3 	(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 
58.4 	609.344, 609.345, or 609.3451.
58.5 	(b) "Complainant" means a person reporting to have been subjected to criminal 
58.6 	sexual conduct.
58.7 	(c) "Polygraph examination" means any mechanical or electrical instrument or 
58.8 	device of any type used or allegedly used to examine, test, or question individuals for 
58.9 	the purpose of determining truthfulness.

58.10 	EFFECTIVE DATE. This section is effective July 1, 2008.

58.11 	Sec. 10. Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:
58.12 		Subdivision 1.Grants authorized. The Crime Victim and Witness Advisory 
58.13 	Council commissioner of public safety shall make grants to prosecutors and victim 
58.14 	assistance programs for the purpose of providing emergency assistance to victims. As 
58.15 	used in this section, "emergency assistance" includes but is not limited to:
58.16 	(1) replacement of necessary property that was lost, damaged, or stolen as a result 
58.17 	of the crime;
58.18 	(2) purchase and installation of necessary home security devices;
58.19 	(3) transportation to locations related to the victim's needs as a victim, such as 
58.20 	medical facilities and facilities of the criminal justice system;
58.21 	(4) cleanup of the crime scene; and
58.22 	(5) reimbursement for reasonable travel and living expenses the victim incurred to 
58.23 	attend court proceedings that were held at a location other than the place where the crime 
58.24 	occurred due to a change of venue; and
58.25 	(6) reimbursement of towing and storage fees incurred due to impoundment of a 
58.26 	recovered stolen vehicle.

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

58.28 	Sec. 11. Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:
58.29 		Subd. 2.Application for grants. (a) A city or county attorney's office or victim 
58.30 	assistance program may apply to the council commissioner of public safety for a grant 
58.31 	for any of the purposes described in subdivision 1 or for any other emergency assistance 
58.32 	purpose approved by the council commissioner. The application must be on forms and 
58.33 	pursuant to procedures developed by the council commissioner. The application must 
59.1 	describe the type or types of intended emergency assistance, estimate the amount of 
59.2 	money required, and include any other information deemed necessary by the council
59.3 	commissioner.
59.4 	(b) A city or county attorney's office or victim assistance program that applies for a 
59.5 	grant for the purpose described in subdivision 1, clause (6), must make the application 
59.6 	on a separate form and pursuant to procedures developed by the commissioner. The 
59.7 	application must estimate the amount of money required for reimbursement costs, estimate 
59.8 	the amount of money required for administrative costs, and include any other information 
59.9 	deemed necessary by the commissioner. An applicant may not spend in any fiscal year 
59.10 	more than five percent of the grant awarded for administrative costs.

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

59.12 	Sec. 12. Minnesota Statutes 2006, section 611A.675, is amended by adding a 
59.13 	subdivision to read:
59.14 		Subd. 2a.Awards; limitations. (a) No award may be granted under subdivision 
59.15 	1, clause (6), to a victim that fails to provide proof of insurance stating that security 
59.16 	had been provided for the vehicle at the time the vehicle was stolen. As used in this 
59.17 	paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision 
59.18 	1, paragraph (g).
59.19 	(b) An award paid to a victim under subdivision 1, clause (6), shall compensate the 
59.20 	victim for actual costs incurred but shall not exceed $300. 

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

59.22 	Sec. 13. Minnesota Statutes 2006, section 611A.675, subdivision 3, is amended to read:
59.23 		Subd. 3.Reporting by local agencies required. A city or county attorney's office 
59.24 	or victim assistance program that receives a grant under this section shall file an annual 
59.25 	report with the council commissioner of public safety itemizing the expenditures made 
59.26 	during the preceding year, the purpose of those expenditures, and the ultimate disposition, 
59.27 	if any, of each assisted victim's criminal case.

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

59.29 	Sec. 14. Minnesota Statutes 2006, section 611A.675, subdivision 4, is amended to read:
59.30 		Subd. 4.Report to legislature. On or before February 1, 1999, the council shall 
59.31 	report to the chairs of the senate Crime Prevention and house of representatives Judiciary 
59.32 	Committees on the implementation, use, and administration of the grant program created 
60.1 	under this section. By February 1, 2008, the commissioner of public safety shall report to 
60.2 	the chairs and ranking members of the senate and house committees and divisions having 
60.3 	jurisdiction over criminal justice policy and funding on the implementation, use, and 
60.4 	administration of the grant programs created under this section.

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

60.6 	Sec. 15. PHOTOGRAPH AND NO CONTACT ORDERS.
 60.7 	The state court administrator shall convene a multidisciplinary implementation work 
60.8 	group to study the attachment of photographs to criminal no contact orders and report their 
60.9 	recommendations to the appropriate committees of the house of representatives and senate 
60.10 	in charge of criminal justice policy by June 30, 2008.

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

60.12 	ARTICLE 5
60.13 	COURTS AND PUBLIC DEFENDERS

60.14 	Section 1. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
60.15 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten 
60.16 	judicial districts composed of the following named counties, respectively, in each of which 
60.17 	districts judges shall be chosen as hereinafter specified:
60.18 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 3336 judges; 
60.19 	and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and 
60.20 	Glencoe and one other shall be maintained at the place designated by the chief judge 
60.21 	of the district;
60.22 	2. Ramsey; 26 judges;
60.23 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, 
60.24 	Mower, and Fillmore; 23 24 judges; and permanent chambers shall be maintained in 
60.25 	Faribault, Albert Lea, Austin, Rochester, and Winona;
60.26 	4. Hennepin; 60 judges;
60.27 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
60.28 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and 
60.29 	permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, 
60.30 	and Mankato;
60.31 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
61.1 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, 
61.2 	and Wadena; 27 judges; and permanent chambers shall be maintained in Moorhead, 
61.3 	Fergus Falls, Little Falls, and St. Cloud;
61.4 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, 
61.5 	Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent 
61.6 	chambers shall be maintained in Morris, Montevideo, and Willmar;
61.7 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, 
61.8 	Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
61.9 	Koochiching; 22 23 judges; and permanent chambers shall be maintained in Crookston, 
61.10 	Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
61.11 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 43
61.12 	 44 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other 
61.13 	places designated by the chief judge of the district.

61.14 	EFFECTIVE DATE. This section is effective January 1, 2008.

61.15 	Sec. 2. Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
61.16 		Subdivision 1.Definitions. As used in this section and section 3.736 the terms 
61.17 	defined in this section have the meanings given them. 
61.18 	(1) "State" includes each of the departments, boards, agencies, commissions, courts, 
61.19 	and officers in the executive, legislative, and judicial branches of the state of Minnesota 
61.20 	and includes but is not limited to the Housing Finance Agency, the Minnesota Office of 
61.21 	Higher Education, the Higher Education Facilities Authority, the Health Technology 
61.22 	Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron 
61.23 	Range Resources and Rehabilitation Board, the State Agricultural Society, the University 
61.24 	of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state 
61.25 	penal institutions. It does not include a city, town, county, school district, or other local 
61.26 	governmental body corporate and politic.
61.27 	(2) "Employee of the state" means all present or former officers, members, directors, 
61.28 	or employees of the state, members of the Minnesota National Guard, members of a 
61.29 	bomb disposal unit approved by the commissioner of public safety and employed by a 
61.30 	municipality defined in section 466.01 when engaged in the disposal or neutralization of 
61.31 	bombs or other similar hazardous explosives, as defined in section 299C.063, outside the 
61.32 	jurisdiction of the municipality but within the state, or persons acting on behalf of the state 
61.33 	in an official capacity, temporarily or permanently, with or without compensation. It does 
61.34 	not include either an independent contractor except, for purposes of this section and 
61.35 	section 3.736 only, a guardian ad litem acting under court appointment, or members of the 
62.1 	Minnesota National Guard while engaged in training or duty under United States Code, 
62.2 	title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December 
62.3 	31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and 
62.4 	section 3.736 only, "employee of the state" includes a district public defender or assistant 
62.5 	district public defender in the Second or Fourth Judicial District and a member of the 
62.6 	Health Technology Advisory Committee. 
62.7 	(3) "Scope of office or employment" means that the employee was acting on behalf 
62.8 	of the state in the performance of duties or tasks lawfully assigned by competent authority.
62.9 	(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25. 

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

62.11 	Sec. 3. Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
62.12 		Subdivision 1.General rule. The state will pay compensation for injury to or loss 
62.13 	of property or personal injury or death caused by an act or omission of an employee of 
62.14 	the state while acting within the scope of office or employment or a peace officer who is 
62.15 	not acting on behalf of a private employer and who is acting in good faith under section 
62.16 	629.40, subdivision 4, under circumstances where the state, if a private person, would be 
62.17 	liable to the claimant, whether arising out of a governmental or proprietary function. 
62.18 	Nothing in this section waives the defense of judicial, quasi-judicial, or legislative 
62.19 	immunity except to the extent provided in subdivision 8. 

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

62.21 	Sec. 4. Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
62.22 		Subd. 4.Ranges for other judicial positions. Salaries or salary ranges are provided 
62.23 	for the following positions in the judicial branch of government. The appointing authority 
62.24 	of any position for which a salary range has been provided shall fix the individual salary 
62.25 	within the prescribed range, considering the qualifications and overall performance of the 
62.26 	employee. The Supreme Court shall set the salary of the state court administrator and the 
62.27 	salaries of district court administrators. The salary of the state court administrator or a 
62.28 	district court administrator may not exceed the salary of a district court judge. If district 
62.29 	court administrators die, the amounts of their unpaid salaries for the months in which 
62.30 	their deaths occur must be paid to their estates. The salary of the state public defender 
62.31 	shall be fixed by the State Board of Public Defense but must not exceed the salary of a 
62.32 	district court judge.

62.33		Salary or Range
	
62.34		Effective
	
63.1		July 1, 1994
	
63.2
63.3
63.4	Board on Judicial 
Standards executive 
director
	$44,000-60,000

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

63.6 	Sec. 5. [72A.329] DIRECT LIABILITY OF INSURER.
63.7 	Any bond or policy of insurance covering liability to others for negligence makes 
63.8 	the insurer liable, up to the amounts stated in the bond or policy, to the persons entitled to 
63.9 	recover against the insured for the death of any person or for injury to persons or property, 
63.10 	irrespective of whether the liability is presently established or is contingent and to become 
63.11 	fixed or certain by final judgment against the insured.

63.12 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to bonds 
63.13 	or policies of insurance issued, renewed, or in place on or after that date.

63.14 	Sec. 6. Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
63.15 		Subd. 6.Termination of jurisdiction. The court may dismiss the petition or 
63.16 	otherwise terminate its jurisdiction on its own motion or on the motion or petition of any 
63.17 	interested party at any time. Unless terminated by the court, and except as otherwise 
63.18 	provided in this subdivision, the jurisdiction of the court shall continue until the individual 
63.19 	becomes 19 years of age if the court determines it is in the best interest of the individual 
63.20 	to do so. Court jurisdiction under section 260C.007, subdivision 6, clause (14), may 
63.21 	not continue past the child's 18th birthday.

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

63.23 	Sec. 7. Minnesota Statutes 2006, section 270A.03, subdivision 5, is amended to read:
63.24 		Subd. 5.Debt. "Debt" means a legal obligation of a natural person to pay a fixed 
63.25 	and certain amount of money, which equals or exceeds $25 and which is due and payable 
63.26 	to a claimant agency. The term includes criminal fines imposed under section 609.10 or 
63.27 	609.125, fines imposed for petty misdemeanors as defined in section 609.02, subdivision 
63.28 	4a, and restitution. The term also includes the co-payment for the appointment of a district 
63.29 	public defender imposed under section 611.17, paragraph (c). A debt may arise under a 
63.30 	contractual or statutory obligation, a court order, or other legal obligation, but need not 
63.31 	have been reduced to judgment.
64.1 	A debt includes any legal obligation of a current recipient of assistance which is 
64.2 	based on overpayment of an assistance grant where that payment is based on a client 
64.3 	waiver or an administrative or judicial finding of an intentional program violation; 
64.4 	or where the debt is owed to a program wherein the debtor is not a client at the time 
64.5 	notification is provided to initiate recovery under this chapter and the debtor is not a 
64.6 	current recipient of food support, transitional child care, or transitional medical assistance.
64.7 	A debt does not include any legal obligation to pay a claimant agency for medical 
64.8 	care, including hospitalization if the income of the debtor at the time when the medical 
64.9 	care was rendered does not exceed the following amount:
64.10 	(1) for an unmarried debtor, an income of $8,800 or less;
64.11 	(2) for a debtor with one dependent, an income of $11,270 or less;
64.12 	(3) for a debtor with two dependents, an income of $13,330 or less;
64.13 	(4) for a debtor with three dependents, an income of $15,120 or less;
64.14 	(5) for a debtor with four dependents, an income of $15,950 or less; and
64.15 	(6) for a debtor with five or more dependents, an income of $16,630 or less.
64.16 	The income amounts in this subdivision shall be adjusted for inflation for debts 
64.17 	incurred in calendar years 2001 and thereafter. The dollar amount of each income level 
64.18 	that applied to debts incurred in the prior year shall be increased in the same manner 
64.19 	as provided in section 1(f) of the Internal Revenue Code of 1986, as amended through 
64.20 	December 31, 2000, except that for the purposes of this subdivision the percentage increase 
64.21 	shall be determined from the year starting September 1, 1999, and ending August 31, 2000, 
64.22 	as the base year for adjusting for inflation for debts incurred after December 31, 2000.
64.23 	Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the 
64.24 	dollar amount of the premium authorized under section 256L.15, subdivision 1a.

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

64.26 	Sec. 8. Minnesota Statutes 2006, section 302A.781, is amended by adding a 
64.27 	subdivision to read:
64.28 		Subd. 5.Other claims preserved. In addition to the claims in subdivision 4, all 
64.29 	other statutory and common law rights of persons who may bring claims of injury to a 
64.30 	person, including death, are not affected by dissolution under this chapter.

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

64.32 	Sec. 9. Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
65.1 		Subdivision 1.Coverage.  (a) Employees enumerated in paragraph (c), clauses (2), 
65.2 	(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan 
65.3 	Council and are eligible for coverage under the general state employees retirement plan 
65.4 	under chapter 352, are participants in the unclassified plan under this chapter unless the 
65.5 	employee gives notice to the executive director of the Minnesota State Retirement System 
65.6 	within one year following the commencement of employment in the unclassified service 
65.7 	that the employee desires coverage under the general state employees retirement plan. 
65.8 	For the purposes of this chapter, an employee who does not file notice with the executive 
65.9 	director is deemed to have exercised the option to participate in the unclassified plan.
65.10 	(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified 
65.11 	program under this chapter unless the person was eligible to elect different coverage under 
65.12 	section 3A.07 and elected retirement coverage by the applicable alternative retirement 
65.13 	plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified 
65.14 	program under this chapter for judicial employment in excess of the service credit limit in 
65.15 	section 490.121, subdivision 22.
65.16 	(c) Enumerated employees and referenced persons are:
65.17 	(1) the governor, the lieutenant governor, the secretary of state, the state auditor, 
65.18 	and the attorney general;
65.19 	(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary 
65.20 	of State, State Auditor, Attorney General;
65.21 	(3) an employee of the State Board of Investment;
65.22 	(4) the head of a department, division, or agency created by statute in the unclassified 
65.23 	service, an acting department head subsequently appointed to the position, or an employee 
65.24 	enumerated in section 15A.0815 or 15A.083, subdivision 4;
65.25 	(5) a member of the legislature;
65.26 	(6) a full-time unclassified employee of the legislature or a commission or agency of 
65.27 	the legislature who is appointed without a limit on the duration of the employment or a 
65.28 	temporary legislative employee having shares in the supplemental retirement fund as a 
65.29 	result of former employment covered by this chapter, whether or not eligible for coverage 
65.30 	under the Minnesota State Retirement System;
65.31 	(7) a person who is employed in a position established under section 43A.08, 
65.32 	subdivision 1, clause (3), or in a position authorized under a statute creating or establishing 
65.33 	a department or agency of the state, which is at the deputy or assistant head of department 
65.34 	or agency or director level;
66.1 	(8) the regional administrator, or executive director of the Metropolitan Council, 
66.2 	general counsel, division directors, operations managers, and other positions as designated 
66.3 	by the council, all of which may not exceed 27 positions at the council and the chair;
66.4 	(9) the executive director, associate executive director, and not to exceed nine 
66.5 	positions of the Minnesota Office of Higher Education in the unclassified service, as 
66.6 	designated by the Minnesota Office of Higher Education before January 1, 1992, or 
66.7 	subsequently redesignated with the approval of the board of directors of the Minnesota 
66.8 	State Retirement System, unless the person has elected coverage by the individual 
66.9 	retirement account plan under chapter 354B;
66.10 	(10) the clerk of the appellate courts appointed under article VI, section 2, of the 
66.11 	Constitution of the state of Minnesota, the state court administrator and judicial district 
66.12 	administrators;
66.13 	(11) the chief executive officers of correctional facilities operated by the Department 
66.14 	of Corrections and of hospitals and nursing homes operated by the Department of Human 
66.15 	Services;
66.16 	(12) an employee whose principal employment is at the state ceremonial house;
66.17 	(13) an employee of the Minnesota Educational Computing Corporation;
66.18 	(14) an employee of the State Lottery who is covered by the managerial plan 
66.19 	established under section 43A.18, subdivision 3; and
66.20 	(15) a judge who has exceeded the service credit limit in section 490.121, 
66.21 	subdivision 22.

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

66.23 	Sec. 10. [357.42] DRUG COURT FEES.
66.24 	(a) When a court establishes a drug court process, the court may establish one or 
66.25 	more fees for services provided to defendants participating in the process.
66.26 	(b) In each fiscal year, the court shall deposit the drug court participation fees in 
66.27 	the special revenue fund and credit the fees to a separate account for the trial courts. 
66.28 	The balance in this account is appropriated to the trial courts and does not cancel but is 
66.29 	available until expended. Expenditures from this account must be made for drug court 
66.30 	purposes.

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

66.32 	Sec. 11. Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
67.1 		Subd. 2.Expense payments. A judge shall be paid travel and subsistence expenses 
67.2 	for travel from the judge's place of residence to and from the judge's permanent chambers 
67.3 	only for a period of two years after July 1, 1977, or the date the judge initially assumes 
67.4 	office, whichever is later as provided by Judicial Council policy.

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

67.6 	Sec. 12. Minnesota Statutes 2006, section 484.83, is amended to read:
67.7 	484.83 REINSTATEMENT OF FORFEITED SUMS.
67.8 		Subdivision 1.Abandonment of fees. All sums deposited with the court 
67.9 	administrator to cover fees shall be deemed abandoned if the fees are not disbursed or 
67.10 	the services covered by the fees are not performed and the person entitled to refund of 
67.11 	the fees does not file a written demand for refund with the court administrator within 
67.12 	six months from the date of trial, dismissal, or striking of the cause as to jury fees and 
67.13 	from the date of deposit as to other fees.
67.14 		Subd. 2.Bail forfeitures. Any bail not forfeited by court order shall be deemed 
67.15 	abandoned and forfeited if the person entitled to refund does not file a written demand 
67.16 	for refund with the court administrator within six months from the date when the person 
67.17 	became entitled to the refund.
67.18 		Subd. 3.Reinstated forfeited sums. A district court judge may order any sums 
67.19 	forfeited to be reinstated and the commissioner of finance shall then refund accordingly. 
67.20 	The commissioner of finance shall reimburse the court administrator if the court 
67.21 	administrator refunds the deposit upon a judge's order and obtains a receipt to be used 
67.22 	as a voucher.

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

67.24 	Sec. 13. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION 
67.25 	OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
67.26 		Subdivision 1.Abandonment of deposits and bail. (a) Any bail deposited with the 
67.27 	court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by 
67.28 	court order shall be deemed abandoned and forfeited if the person entitled to refund does 
67.29 	not file a written demand for refund with the court administrator within six months from 
67.30 	the date when the person became entitled to the refund.
67.31 	(b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated 
67.32 	for cause and the court administrator shall then refund accordingly. The receipting 
67.33 	municipality or subdivision of government shall reimburse the court administrator if the 
68.1 	court administrator refunds the deposit upon such an order and obtains a receipt to be 
68.2 	used as a voucher.
68.3 		Subd. 2.Disposition of forfeited sums. All sums collected on any bail, bond, or 
68.4 	recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth 
68.5 	Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the 
68.6 	support of the law library of the county. The receipt of the county treasurer to the court 
68.7 	administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds, 
68.8 	during any calendar year equal $2,500, all sums in excess of that amount shall be paid 
68.9 	to the municipality or subdivision of government in which the violation occurred. The 
68.10 	payments shall be made periodically but not before six months from the date of the order 
68.11 	for forfeiture. During that six-month period, but not thereafter, any judge may set aside 
68.12 	the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered 
68.13 	forfeited exists unless the forfeiture is not set aside within the six-month period. For the 
68.14 	purpose of determining when the $2,500 shall have accrued to the county law library, the 
68.15 	final forfeiture shall be deemed to occur at the end of the six-month period.

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

68.17 	Sec. 14. Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
68.18 		Subdivision 1.Summons and writ. (a) The state court administrator shall develop a 
68.19 	uniform form for the summons and writ of recovery of premises and order to vacate 
68.20 	may be substantially in the forms in paragraphs (b) and (c).
68.21 	(b)
68.22 	FORM OF SUMMONS

68.23	State of Minnesota ........) 
		
68.24	)
	ss.
	
68.25	County of ........) 
		
68.26 	Whereas, ..............., of ..........., has filed with the undersigned, a judge of county 
68.27 	stated, a complaint against ..............., of .........., a copy of which is attached: You 
68.28 	are hereby summoned to appear before the undersigned on the .......... day of .........., 
68.29 	year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint 
68.30 	and to further be dealt with according to law.

68.31		Dated at ........, this ........ day of ........, year ......
	
68.32		........, 
........	
68.33		Judge of ........court. 
........	
68.34 	(c)
68.35 	FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE

69.1	State of Minnesota ........) 
		
69.2	)
	ss.
	
69.3	County of ........)
		
69.4 	The State of Minnesota, to the Sheriff of the County:
69.5 	Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held 
69.6 	at ..............., in the county of ....................., on the ............... day of ..............., year 
69.7 	..............., before ..............., a judge of the county, recovered a judgment against ..............., 
69.8 	the ..............., to have recovery of the following premises (describe here the property 
69.9 	as in the complaint): ..................
69.10 	Therefore, you are commanded that, taking with you the force of the county, if 
69.11 	necessary, you cause ................. to be immediately removed from the premises, and the 
69.12 	plaintiff to recover the premises. You are also commanded that from the personal property 
69.13 	of ........................ within the county that you seize and sell, the plaintiff be paid ............ . 
69.14 	dollars, as the costs assessed against the defendant, together with 25 cents for this writ. 
69.15 	You are ordered to return this writ within 30 days. 

69.16		Dated at ....., this ..... day of ....., year ....
	
69.17		........, 
........	
69.18		Judge of  ........court. 
........	

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

69.20 	Sec. 15. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
69.21 		Subdivision 1.Permissive appointment of guardian ad litem. In all proceedings 
69.22 	for child custody or for dissolution or legal separation where custody or parenting time 
69.23 	with a minor child is in issue, the court may appoint a guardian ad litem from a panel 
69.24 	established by the court to represent the interests of the child. The guardian ad litem shall 
69.25 	advise the court with respect to custody, support, and parenting time.

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

69.27 	Sec. 16. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
69.28 		Subd. 2.Required appointment of guardian ad litem. In all proceedings for child 
69.29 	custody or for marriage dissolution or legal separation in which custody or parenting time 
69.30 	with a minor child is an issue, if the court has reason to believe that the minor child is a 
69.31 	victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
69.32 	and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian 
69.33 	ad litem shall represent the interests of the child and advise the court with respect to 
70.1 	custody, support, and parenting time. If the child is represented by a guardian ad litem in 
70.2 	any other pending proceeding, the court may appoint that guardian to represent the child 
70.3 	in the custody or parenting time proceeding. No guardian ad litem need be appointed if 
70.4 	the alleged domestic child abuse or neglect is before the court on a juvenile dependency 
70.5 	and neglect petition. Nothing in this subdivision requires the court to appoint a guardian 
70.6 	ad litem in any proceeding for child custody, marriage dissolution, or legal separation in 
70.7 	which an allegation of domestic child abuse or neglect has not been made. 

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

70.9 	Sec. 17. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
70.10 		Subd. 3.Income cap on determining basic support. (a) The basic support 
70.11 	obligation for parents with a combined parental income for determining child support in 
70.12 	excess of the income limit currently in effect under subdivision 2 must be the same dollar 
70.13 	amount as provided for the parties with a combined parental income for determining child 
70.14 	support equal to the income in effectlimit under subdivision 2.
70.15 	(b) A court may order a basic support obligation in a child support order in an 
70.16 	amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability 
70.17 	or other substantial, demonstrated need for the additional support for those reasons set 
70.18 	forth in section 518A.43 and that the additional support will directly benefit the child.
70.19 	(c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of 
70.20 	every even-numbered year to reflect cost-of-living changes. The Supreme Court must 
70.21 	select the index for the adjustment from the indices listed in section 518A.75, subdivision 
70.22 	1. The state court administrator must make the changes in the dollar amounts required 
70.23 	by this paragraph available to courts and the public on or before April 30 of the year in 
70.24 	which the amount is to change.

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

70.26 	Sec. 18. [540.19] NEGLIGENCE ACTIONS; INSURERS.
70.27 		Subdivision 1.Direct action. In any action for damages caused by negligence, 
70.28 	any insurer which:
70.29 	(1) has an interest in the outcome of the controversy adverse to the plaintiff or any 
70.30 	of the parties to the controversy;
70.31 	(2) by its policy of insurance assumes or reserves the right to control the prosecution, 
70.32 	defense, or settlement of the claim or action; or
71.1 	(3) by its policy agrees to prosecute or defend the action brought by plaintiff or any 
71.2 	of the parties to the action, or agrees to engage counsel to prosecute or defend the action 
71.3 	or agrees to pay the costs of the litigation, 
71.4 	is by this section made a proper party defendant in any action brought by plaintiff in this 
71.5 	state on account of any claim against the insured. If the policy of insurance was issued 
71.6 	or delivered outside this state, the insurer is by this subdivision made a proper party 
71.7 	defendant only if the accident, injury, or negligence occurred in this state.
71.8 		Subd. 2.Other parties; impleading. If an insurer is made a party defendant 
71.9 	pursuant to this section and it appears at any time before or during the trial that there is or 
71.10 	may be a cross issue between the insurer and the insured or any issue between any other 
71.11 	person and the insurer involving the question of the insurer's liability if judgment should 
71.12 	be rendered against the insured, the court may, upon motion of any defendant in the action, 
71.13 	cause the person who may be liable upon such cross issue to be made a party defendant 
71.14 	to the action and all the issues involved in the controversy determined in the trial of the 
71.15 	action or any third party may be impleaded. Nothing in this subdivision prohibits the trial 
71.16 	court from directing and conducting separate trials on the issue of liability to the plaintiff 
71.17 	or other party seeking affirmative relief and on the issue of whether the insurance policy in 
71.18 	question affords coverage. Any party may move for separate trials. If the court orders 
71.19 	separate trials, the court shall specify in its order the sequence in which the trials are to 
71.20 	be conducted.

71.21 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
71.22 	actions commenced on or after that date.

71.23 	Sec. 19. Minnesota Statutes 2006, section 549.09, subdivision 1, is amended to read:
71.24 		Subdivision 1.When owed; rate. (a) When a judgment or award is for the recovery 
71.25 	of money, including a judgment for the recovery of taxes, interest from the time of 
71.26 	the verdict, award, or report until judgment is finally entered shall be computed by the 
71.27 	court administrator or arbitrator as provided in paragraph (c) and added to the judgment 
71.28 	or award.
71.29 	(b) Except as otherwise provided by contract or allowed by law, preverdict, 
71.30 	preaward, or prereport interest on pecuniary damages shall be computed as provided 
71.31 	in paragraph (c) from the time of the commencement of the action or a demand for 
71.32 	arbitration, or the time of a written notice of claim, whichever occurs first, except as 
71.33 	provided herein. The action must be commenced within two years of a written notice of 
71.34 	claim for interest to begin to accrue from the time of the notice of claim. If either party 
72.1 	serves a written offer of settlement, the other party may serve a written acceptance or a 
72.2 	written counteroffer within 30 days. After that time, interest on the judgment or award 
72.3 	shall be calculated by the judge or arbitrator in the following manner. The prevailing 
72.4 	party shall receive interest on any judgment or award from the time of commencement 
72.5 	of the action or a demand for arbitration, or the time of a written notice of claim, or as 
72.6 	to special damages from the time when special damages were incurred, if later, until the 
72.7 	time of verdict, award, or report only if the amount of its offer is closer to the judgment or 
72.8 	award than the amount of the opposing party's offer. If the amount of the losing party's 
72.9 	offer was closer to the judgment or award than the prevailing party's offer, the prevailing 
72.10 	party shall receive interest only on the amount of the settlement offer or the judgment or 
72.11 	award, whichever is less, and only from the time of commencement of the action or a 
72.12 	demand for arbitration, or the time of a written notice of claim, or as to special damages 
72.13 	from when the special damages were incurred, if later, until the time the settlement offer 
72.14 	was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers 
72.15 	and counteroffers. For the purposes of clause (2), the amount of settlement offer must 
72.16 	be allocated between past and future damages in the same proportion as determined by 
72.17 	the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict, 
72.18 	preaward, or prereport interest shall not be awarded on the following:
72.19 	(1) judgments, awards, or benefits in workers' compensation cases, but not including 
72.20 	third-party actions;
72.21 	(2) judgments or awards for future damages;
72.22 	(3) punitive damages, fines, or other damages that are noncompensatory in nature;
72.23 	(4) judgments or awards not in excess of the amount specified in section 491A.01; 
72.24 	and 
72.25 	(5) that portion of any verdict, award, or report which is founded upon interest, or 
72.26 	costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
72.27 	(c) The interest shall be computed as simple interest per annum. The rate of interest 
72.28 	shall be based on the secondary market yield of one year United States Treasury bills, 
72.29 	calculated on a bank discount basis as provided in this section.
72.30 	On or before the 20th day of December of each year the state court administrator 
72.31 	shall determine the rate from the one-year constant maturity treasury yield for the most 
72.32 	recent calendar month, reported on a monthly basis in the latest statistical release of the 
72.33 	board of governors of the Federal Reserve System. This yield, rounded to the nearest one 
72.34 	percent, or four ten percent, whichever is greater, shall be the annual interest rate during 
72.35 	the succeeding calendar year. The state court administrator shall communicate the interest 
73.1 	rates to the court administrators and sheriffs for use in computing the interest on verdicts 
73.2 	and shall make the interest rates available to arbitrators.
73.3 	When a judgment creditor, or the judgment creditor's attorney or agent, has received 
73.4 	a payment after entry of judgment, whether the payment is made voluntarily by or on 
73.5 	behalf of the judgment debtor, or is collected by legal process other than execution levy 
73.6 	where a proper return has been filed with the court administrator, the judgment creditor, 
73.7 	or the judgment creditor's attorney, before applying to the court administrator for an 
73.8 	execution shall file with the court administrator an affidavit of partial satisfaction. The 
73.9 	affidavit must state the dates and amounts of payments made upon the judgment after the 
73.10 	most recent affidavit of partial satisfaction filed, if any; the part of each payment that 
73.11 	is applied to taxable disbursements and to accrued interest and to the unpaid principal 
73.12 	balance of the judgment; and the accrued, but the unpaid interest owing, if any, after 
73.13 	application of each payment.
73.14 	(d) This section does not apply to arbitrations between employers and employees 
73.15 	under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from 
73.16 	awarding interest under chapter 179 or under section 179A.16 for essential employees.

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

73.18 	Sec. 20. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision 
73.19 	to read:
73.20 		Subd. 7a.Copy costs. The court administrator shall provide a person who is 
73.21 	proceeding in forma pauperis with copies of the person's court file without charge.

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

73.23 	Sec. 21. Minnesota Statutes 2006, section 590.05, is amended to read:
73.24 	590.05 INDIGENT PETITIONERS.
73.25 	A person financially unable to obtain counsel who desires to pursue the remedy 
73.26 	provided in section 590.01 may apply for representation by the state public defender. 
73.27 	The state public defender shall represent such person under the applicable provisions 
73.28 	of sections 611.14 to 611.27, if the person has not already had a direct appeal of the 
73.29 	conviction. If, however, the person pled guilty and received a presumptive sentence or a 
73.30 	downward departure in sentence, and the state public defender reviewed the person's case 
73.31 	and determined that there was no basis for an appeal of the conviction or of the sentence, 
73.32 	then the state public defender may decline to represent the person in a postconviction 
73.33 	remedy case. The state public defender may represent, without charge, all other persons 
74.1 	pursuing a postconviction remedy under section 590.01, who are financially unable 
74.2 	to obtain counsel.

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

74.4 	Sec. 22. [604.18] GOOD FAITH INSURANCE PRACTICES.
74.5 		Subdivision 1.Required conduct. (a) An insurer shall act in good faith in 
74.6 	connection with any matter involving a claim under an insurance policy.
74.7 	(b) An insurer does not act in good faith if the insurer delays or denies benefits 
74.8 	offered or paid without an objectively reasonable basis for its offer, delay, or denial. An 
74.9 	insurer also does not act in good faith if the insurer engages in any fraud, false pretense, 
74.10 	false promise, misrepresentation, misleading statement, or deceptive practice that others 
74.11 	rely on in connection with any matter involving a claim under an insurance policy.
74.12 	(c) For purposes of this section:
74.13 	(1) "insurance policy" means an insurance policy or contract issued, executed, 
74.14 	renewed, maintained, or delivered in this state, other than a workers' compensation 
74.15 	insurance policy or contract or other policy or contract of a health carrier as defined in 
74.16 	section 62A.011; and 
74.17 	(2) "insurer" means an insurance company: (i) incorporated or organized in this 
74.18 	state; or (ii) admitted to do business in this state but not incorporated or organized in 
74.19 	this state. The term does not include a political subdivision providing self-insurance or 
74.20 	establishing a pool under section 471.981, subdivision 3.
74.21 		Subd. 2.Penalties and remedies. A person violating subdivision 1 is acting against 
74.22 	the public interest and is liable to the injured party for costs, damages, and reasonable 
74.23 	attorney fees.
74.24 		Subd. 3.Insurance producers; liability limited. A licensed insurance producer 
74.25 	is not liable under this section for errors, acts, or omissions attributed to the insurer that 
74.26 	appointed the producer to transact business on its behalf, except to the extent the producer 
74.27 	has caused or contributed to the error, act, or omission.
74.28 		Subd. 4.Report to commissioner. An insurer shall promptly report to the 
74.29 	commissioner of commerce the date and disposition of every settlement and award against 
74.30 	the insurer for a violation of subdivision 1.

74.31 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to causes 
74.32 	of action commenced or pending on or after that date.

74.33 	Sec. 23. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
75.1 		Subd. 8.Fine and surcharge collection. (a) A defendant's obligation to pay 
75.2 	court-ordered fines, surcharges, court costs, restitution, and fees shall survive for a period 
75.3 	of six years from the date of the expiration of the defendant's stayed sentence for the 
75.4 	offense for which the fines, surcharges, court costs, restitution, and fees were imposed, or 
75.5 	six years from the imposition or due date of the fines, surcharges, court costs, restitution,
75.6 	and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's 
75.7 	stay of sentence imposition or execution.
75.8 	(b) The six-year period relating to a defendant's obligation to pay restitution under 
75.9 	paragraph (a) does not limit the victim's right to collect restitution through other means 
75.10 	such as a civil judgment.

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

75.12 	Sec. 24. Minnesota Statutes 2006, section 611.14, is amended to read:
75.13 	611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
75.14 	The following persons who are financially unable to obtain counsel are entitled to be 
75.15 	represented by a public defender:
75.16 	(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a 
75.17 	person charged under sections 629.01 to 629.29; 
75.18 	(2) a person appealing from a conviction of a felony or gross misdemeanor, or 
75.19 	a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction 
75.20 	proceeding and who has not already had a direct appeal of the conviction, but if the person 
75.21 	pled guilty and received a presumptive sentence or a downward departure in sentence, 
75.22 	and the state public defender reviewed the person's case and determined that there was no 
75.23 	basis for an appeal of the conviction or of the sentence, then the state public defender may 
75.24 	decline to represent the person in a postconviction remedy case;
75.25 	(3) a person who is entitled to be represented by counsel under section 609.14, 
75.26 	subdivision 2; or 
75.27 	(4) a minor ten years of age or older who is entitled to be represented by counsel 
75.28 	under section 260B.163, subdivision 4, or 260C.163, subdivision 3. 

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

75.30 	Sec. 25. Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:
75.31 		Subd. 6.Reimbursement schedule guidelines. In determining a defendant's 
75.32 	reimbursement schedule, the court may derive a specific dollar amount per month 
76.1 	by multiplying the defendant's net income by the percent indicated by the following 
76.2 	guidelines:

76.3
76.4	Net Income Per Month 
of Defendant
		Number of Dependents Not 
Including Defendant
				
76.5
76.6			4 or 
more
		3
		2
		1
		0
	
76.7
76.8	$200 and Below
		Percentage based on the ability of the defendant to 
pay as determined by the court.
	
76.9	$200 - 350
		8%
		9.5%
		11%
		12.5%
		14%
	
76.10	$351 - 500
		9%
		11%
		12.5%
		14%
		15%
	
76.11	$501 - 650
		10%
		12%
		14%
		15%
		17%
	
76.12	$651 - 800
		11%
		13.5%
		15.5%
		17%
		19%
	
76.13	$801 and above
		12%
		14.5%
		17%
		19%
		20%
	
76.14 	"Net income" shall have the meaning given it in section 518.551, subdivision 5. 

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

76.16 	Sec. 26. Minnesota Statutes 2006, section 611.215, subdivision 1, is amended to read:
76.17 		Subdivision 1.Structure; membership. (a) The State Board of Public Defense 
76.18 	is a part of, but is not subject to the administrative control of, the judicial branch of 
76.19 	government. The State Board of Public Defense shall consist of seven members including:
76.20 	(1) four attorneys admitted to the practice of law, well acquainted with the defense 
76.21 	of persons accused of crime, but not employed as prosecutors, appointed by the Supreme 
76.22 	Court; and
76.23 	(2) three public members appointed by the governor.
76.24 	After the expiration of the terms of persons appointed to the board before March 
76.25 	1, 1991, The appointing authorities may not appoint a person who is a judge to be a 
76.26 	member of the State Board of Public Defense, other than as a member of the ad hoc 
76.27 	Board of Public Defense.
76.28 	(b) All members shall demonstrate an interest in maintaining a high quality, 
76.29 	independent defense system for those who are unable to obtain adequate representation. 
76.30 	Appointments to the board shall include qualified women and members of minority 
76.31 	groups. At least three members of the board shall be from judicial districts other than the 
76.32 	First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal 
76.33 	of members shall be as provided in section 15.0575. The chair shall be elected by the 
76.34 	members from among the membership for a term of two years. 
76.35 	(c) In addition, the State Board of Public Defense shall consist of a nine-member ad 
76.36 	hoc board when considering the appointment of district public defenders under section 
76.37 	611.26, subdivision 2. The terms of chief district public defenders currently serving shall 
77.1 	terminate in accordance with the staggered term schedule set forth in section 611.26, 
77.2 	subdivision 2. 

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

77.4 	Sec. 27. Minnesota Statutes 2006, section 611.215, subdivision 1a, is amended to read:
77.5 		Subd. 1a.Chief administrator. The State Board of Public Defense, with the advice 
77.6 	of the state public defender, shall appoint a chief administrator who must be chosen 
77.7 	solely on the basis of training, experience, and other qualifications, and who will serve 
77.8 	at the pleasure of the state public defender State Board of Public Defense. The chief 
77.9 	administrator need not be licensed to practice law. The chief administrator shall attend all 
77.10 	meetings of the board, but may not vote, and shall:
77.11 	(1) enforce all resolutions, rules, regulations, or orders of the board;
77.12 	(2) present to the board and the state public defender plans, studies, and reports 
77.13 	prepared for the board's and the state public defender's purposes and recommend to the 
77.14 	board and the state public defender for adoption measures necessary to enforce or carry 
77.15 	out the powers and duties of the board and the state public defender, or to efficiently 
77.16 	administer the affairs of the board and the state public defender;
77.17 	(3) keep the board fully advised as to its financial condition, and prepare and submit 
77.18 	to the board its annual budget and other financial information as it may request;
77.19 	(4) recommend to the board the adoption of rules and regulations necessary for the 
77.20 	efficient operation of the board and its functions; and
77.21 	(5) perform other duties prescribed by the board and the state public defender.

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

77.23 	Sec. 28. Minnesota Statutes 2006, section 611.23, is amended to read:
77.24 	611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; 
77.25 	SALARY.
77.26 	The state public defender is responsible to the State Board of Public Defense. The 
77.27 	state public defender shall supervise the operation, activities, policies, and procedures 
77.28 	of the statewide public defender system. When requested by a district public defender 
77.29 	or appointed counsel, the state public defender may assist the district public defender, 
77.30 	appointed counsel, or an organization designated in section 611.216 in the performance 
77.31 	of duties, including trial representation in matters involving legal conflicts of interest or 
77.32 	other special circumstances, and assistance with legal research and brief preparation.
77.33 	The state public defender shall be appointed by the State Board of Public Defense for a 
78.1 	term of four years, except as otherwise provided in this section, and until a successor is 
78.2 	appointed and qualified. The state public defender shall be a full-time qualified attorney, 
78.3 	licensed to practice law in this state, serve in the unclassified service of the state, and 
78.4 	be removed only for cause by the appointing authority. Vacancies in the office shall be 
78.5 	filled by the appointing authority for the unexpired term. The salary of the state public 
78.6 	defender shall be fixed by the State Board of Public Defense but must not exceed the 
78.7 	salary of a district court judge. Terms of the state public defender shall commence on July 
78.8 	1. The state public defender shall devote full time to the performance of duties and shall 
78.9 	not engage in the general practice of law.

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

78.11 	Sec. 29. Minnesota Statutes 2006, section 611.24, is amended to read:
78.12 	611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF 
78.13 	OFFICE; ASSISTANTS.
78.14 	The state public defender shall supervise the operation, activities, policies and 
78.15 	procedures of the state public defender system. The state public defender shall employ or 
78.16 	retain assistant state public defenders, a chief administrator, a deputy state (a) Beginning 
78.17 	January 1, 2007, and for every four years after that date, the State Board of Public Defense 
78.18 	shall appoint a chief appellate public defender in charge of appellate services, who shall 
78.19 	employ or retain assistant state public defenders and other personnel as may be necessary 
78.20 	to discharge the functions of the office. The chief appellate public defender shall serve a 
78.21 	four-year term and may be removed only for cause upon the order of the State Board of 
78.22 	Public Defense. The chief appellate public defender shall be a full-time qualified attorney, 
78.23 	licensed to practice law in this state, and serve in the unclassified service of the state. 
78.24 	Vacancies in the office shall be filled by the appointing authority for the unexpired term.
78.25 	(b) An assistant state public defender shall be a qualified attorney, licensed to 
78.26 	practice law in this state, serve in the unclassified service of the state if employed, and 
78.27 	serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed 
78.28 	reasonable compensation for comparable services performed for other governmental 
78.29 	agencies or departments. Retained or part-time employed assistant state public defenders 
78.30 	may engage in the general practice of law. The compensation of the chief appellate public 
78.31 	defender and the compensation of each assistant state public defender shall be set by the 
78.32 	State Board of Public Defense. The chief appellate public defender shall devote full time 
78.33 	to the performance of duties and shall not engage in the general practice of law.
79.1 	(c) The incumbent deputy state public defender as of December 31, 2006, shall be 
79.2 	appointed as the chief appellate public defender for the four-year term beginning on 
79.3 	January 1, 2007.

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

79.5 	Sec. 30. Minnesota Statutes 2006, section 611.25, subdivision 1, is amended to read:
79.6 		Subdivision 1.Representation. (a) The state chief appellate public defender shall 
79.7 	represent, without charge:
79.8 	(1) a defendant or other person appealing from a conviction of a felony or gross 
79.9 	misdemeanor;
79.10 	(2) a person convicted of a felony or gross misdemeanor who is pursuing a 
79.11 	postconviction proceeding and who has not already had a direct appeal of the conviction, 
79.12 	but if the person pled guilty and received a presumptive sentence or a downward departure 
79.13 	in sentence, and the state public defender reviewed the person's case and determined that 
79.14 	there was no basis for an appeal of the conviction or of the sentence, then the state public 
79.15 	defender may decline to represent the person in a postconviction remedy case; and
79.16 	(3) a child who is appealing from a delinquency adjudication or from an extended 
79.17 	jurisdiction juvenile conviction.
79.18 	(b) The state chief appellate public defender may represent, without charge, all other 
79.19 	persons pursuing a postconviction remedy under section 590.01, who are financially 
79.20 	unable to obtain counsel. 
79.21 	(c) The state public defender shall represent any other person, who is financially 
79.22 	unable to obtain counsel, when directed to do so by the Supreme Court or the Court of 
79.23 	Appeals, except that The state chief appellate public defender shall not represent a person 
79.24 	in any action or proceeding in which a party is seeking a monetary judgment, recovery or 
79.25 	award. When requested by a district public defender or appointed counsel, the state public 
79.26 	defender may assist the district public defender, appointed counsel, or an organization 
79.27 	designated in section 611.216 in the performance of duties, including trial representation in 
79.28 	matters involving legal conflicts of interest or other special circumstances, and assistance 
79.29 	with legal research and brief preparation. When the state public defender is directed by a 
79.30 	court to represent a defendant or other person, the state public defender may assign the 
79.31 	representation to any district public defender.

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

79.33 	Sec. 31. Minnesota Statutes 2006, section 611.26, subdivision 2, is amended to read:
80.1 		Subd. 2.Appointment; terms. The state Board of Public Defense shall appoint a 
80.2 	chief district public defender for each judicial district. When appointing a chief district 
80.3 	public defender, the state Board of Public Defense membership shall be increased to 
80.4 	include two residents of the district appointed by the chief judge of the district to reflect 
80.5 	the characteristics of the population served by the public defender in that district. The 
80.6 	additional members shall serve only in the capacity of selecting the district public 
80.7 	defender. The ad hoc state Board of Public Defense shall appoint a chief district public 
80.8 	defender only after requesting and giving reasonable time to receive any recommendations 
80.9 	from the public, the local bar association, and the judges of the district. Each chief district 
80.10 	public defender shall be a qualified attorney licensed to practice law in this state. The chief 
80.11 	district public defender shall be appointed for a term of four years, beginning January 1, 
80.12 	pursuant to the following staggered term schedule: (1) in 2000 2008, the second and 
80.13 	eighth districts; (2) in 2001 2009, the first, third, fourth, and tenth districts; (3) in 2002
80.14 	2010, the fifth and ninth districts; and (4) in 1999 2011, the sixth and seventh districts. 
80.15 	The chief district public defenders shall serve for four-year terms and may be removed for 
80.16 	cause upon the order of the state Board of Public Defense. Vacancies in the office shall 
80.17 	be filled by the appointing authority for the unexpired term. The chief district public 
80.18 	defenders shall devote full time to the performance of duties and shall not engage in the 
80.19 	general practice of law.

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

80.21 	Sec. 32. Minnesota Statutes 2006, section 611.26, subdivision 7, is amended to read:
80.22 		Subd. 7.Other employment. Chief district public defenders and Assistant district 
80.23 	public defenders may engage in the general practice of law where not employed on a 
80.24 	full-time basis.

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

80.26 	Sec. 33. Minnesota Statutes 2006, section 611.27, subdivision 3, is amended to read:
80.27 		Subd. 3.Transcript use. If the state chief appellate public defender or a district 
80.28 	public defender deems it necessary to make a motion for a new trial, to take an appeal, 
80.29 	or other postconviction proceedings in order to properly represent a defendant or other 
80.30 	person whom that public defender had been directed to represent, that public defender 
80.31 	may use the transcripts of the testimony and other proceedings filed with the court 
80.32 	administrator of the district court as provided by section 243.49.

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

81.1 	Sec. 34. Minnesota Statutes 2006, section 611.27, subdivision 13, is amended to read:
81.2 		Subd. 13.Public defense services; correctional facility inmates. All billings for 
81.3 	services rendered and ordered under subdivision 7 shall require the approval of the chief 
81.4 	district public defender before being forwarded on a monthly basis to the state public 
81.5 	defender. In cases where adequate representation cannot be provided by the district public 
81.6 	defender and where counsel has been appointed under a court order, the state public 
81.7 	defender shall forward to the commissioner of finance all billings for services rendered 
81.8 	under the court order. The commissioner shall pay for services from county criminal 
81.9 	justice aid retained by the commissioner of revenue for that purpose under section 
81.10 	477A.0121, subdivision 4, or from county program aid retained by the commissioner of 
81.11 	revenue for that purpose under section 477A.0124, subdivision 1, clause (4), or 477A.03, 
81.12 	subdivision 2b, paragraph (a). 
81.13 	The costs of appointed counsel and associated services in cases arising from new 
81.14 	criminal charges brought against indigent inmates who are incarcerated in a Minnesota 
81.15 	state correctional facility are the responsibility of the state Board of Public Defense. In 
81.16 	such cases the state public defender may follow the procedures outlined in this section for 
81.17 	obtaining court-ordered counsel.

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

81.19 	Sec. 35. Minnesota Statutes 2006, section 611.27, subdivision 15, is amended to read:
81.20 		Subd. 15.Costs of transcripts. In appeal cases and postconviction cases where the 
81.21 	state appellate public defender's office does not have sufficient funds to pay for transcripts 
81.22 	and other necessary expenses because it has spent or committed all of the transcript funds 
81.23 	in its annual budget, the state public defender may forward to the commissioner of finance 
81.24 	all billings for transcripts and other necessary expenses. The commissioner shall pay for 
81.25 	these transcripts and other necessary expenses from county criminal justice aid retained 
81.26 	by the commissioner of revenue under section 477A.0121, subdivision 4, or from county 
81.27 	program aid retained by the commissioner of revenue for that purpose under section 
81.28 	477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a). 

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

81.30 	Sec. 36. Minnesota Statutes 2006, section 611.35, is amended to read:
81.31 	611.35 REIMBURSEMENT OF PUBLIC DEFENDER AND APPOINTIVE
81.32 	APPOINTED COUNSEL.
82.1 		Subdivision 1.Reimbursement; civil obligation. Any person who is represented 
82.2 	by a public defender or appointive appointed counsel shall, if financially able to pay, 
82.3 	reimburse the governmental unit chargeable with the compensation of such public 
82.4 	defender or appointive appointed counsel for the actual costs to the governmental unit in 
82.5 	providing the services of the public defender or appointive appointed counsel. The court in 
82.6 	hearing such matter shall ascertain the amount of such costs to be charged to the defendant 
82.7 	and shall direct reimbursement over a period of not to exceed six months, unless the court 
82.8 	for good cause shown shall extend the period of reimbursement. If a term of probation is 
82.9 	imposed as a part of a sentence, reimbursement of costs as required by this chapter must 
82.10 	not be made a condition of probation. Reimbursement of costs as required by this chapter 
82.11 	is a civil obligation and must not be made a condition of a criminal sentence.
82.12 		Subd. 2.Civil action. The county attorney may commence a civil action to recover 
82.13 	such cost remaining unpaid at the expiration of six months unless the court has extended 
82.14 	the reimbursement period and shall, if it appears that such recipient of public defender or 
82.15 	appointive appointed counsel services is about to leave the jurisdiction of the court or sell 
82.16 	or otherwise dispose of assets out of which reimbursement may be obtained, commence 
82.17 	such action forthwith. The county attorney may compromise and settle any claim for 
82.18 	reimbursement with the approval of the court which heard the matter. No determination or 
82.19 	action shall be taken later than two years after the termination of the duties of the public 
82.20 	defender or appointive appointed counsel.

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

82.22 	Sec. 37. Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to 
82.23 	read:

82.24	Sec. 4.DISTRICT COURTS
 	$
	118,470,000
	$
	128,842,000
	
82.25 	Carlton County Extraordinary Expenses.
82.26 	$300,000 the first year is to reimburse 
82.27 	Carlton county for extraordinary expenses 
82.28 	related to homicide trials. This is a onetime 
82.29 	appropriation.
82.30 	New Judge Units. $774,000 the first year 
82.31 	and $1,504,000 the second year are for an 
82.32 	increase in judgeship units, including one 
82.33 	trial court judge unit beginning October 1, 
82.34 	2001, in the tenth judicial district, one trial 
83.1 	court judge unit beginning April 1, 2002, in 
83.2 	the third judicial district, one trial court judge 
83.3 	unit beginning July 1, 2002, in the tenth 
83.4 	judicial district, one trial court judge unit 
83.5 	beginning January 1, 2003, in the seventh 
83.6 	judicial district, and one trial court judge 
83.7 	unit beginning January 1, 2003, in the first 
83.8 	judicial district. Each judge unit consists of a 
83.9 	judge, law clerk, and court reporter.
83.10 	Alternative Dispute Resolution Programs.
83.11 	A portion of this appropriation may be 
83.12 	used for the alternative dispute resolution 
83.13 	programs authorized by article 5, section 18.
83.14 	Supplemental Funding for Certain 
83.15 	Mandated Costs. $4,533,000 the first 
83.16 	year and $6,032,000 the second year are to 
83.17 	supplement funding for guardians ad litem, 
83.18 	interpreters, rule 20 and civil commitment 
83.19 	examinations, and in forma pauperis costs in 
83.20 	the fifth, seventh, eighth, and ninth judicial 
83.21 	districts.
83.22 	Trial Court Infrastructure Staff. $684,000 
83.23 	the first year and $925,000 the second year 
83.24 	are for infrastructure staff.
83.25 	Court Effectiveness Initiatives; 
83.26 	Community Courts and Screener 
83.27 	Collectors. $835,000 the first year and 
83.28 	$765,000 the second year are for court 
83.29 	effectiveness initiatives. Of this amount, 
83.30 	$125,000 each year is for continued funding 
83.31 	of the community court in the fourth judicial 
83.32 	district and $125,000 each year is for 
83.33 	continued funding of the community court 
83.34 	in the second judicial district. These are 
83.35 	onetime appropriations.
84.1 	The second judicial district and fourth 
84.2 	judicial district shall each report quarterly to 
84.3 	the chairs and ranking minority members of 
84.4 	the legislative committees and divisions with 
84.5 	jurisdiction over criminal justice funding on:
84.6 	(1) how money appropriated for this initiative 
84.7 	was spent; and
84.8 	(2) the cooperation of other criminal justice 
84.9 	agencies and county units of government in 
84.10 	the community courts' efforts.
84.11 	The first report is due on October 1, 2001. 
84.12 	None of this appropriation may be used 
84.13 	for the purpose of complying with these 
84.14 	reporting requirements.
84.15 	Of this amount, $585,000 the first year and 
84.16 	$515,000 the second year are for screener 
84.17 	collector programs.
84.18 	The fifth, seventh, and ninth judicial district 
84.19 	courts shall implement screener collector 
84.20 	programs to enhance the collection of 
84.21 	overdue fine revenue by at least ten percent in 
84.22 	each location serviced by a screener collector. 
84.23 	By August 15, 2002, and annually thereafter, 
84.24 	the state court administrator shall report to 
84.25 	the chairs and ranking minority members 
84.26 	of the house of representatives and senate 
84.27 	committees with jurisdiction over criminal 
84.28 	justice policy and funding issues on the total 
84.29 	amount of fines collected, the amount of 
84.30 	overdue fines collected for the two preceding 
84.31 	fiscal years, and the expenditures associated 
84.32 	with the screener collector program.
84.33 	Ninth District County and Support Pilot 
84.34 	Projects. Up to $99,000 each year may 
84.35 	be used for the ninth judicial district to 
85.1 	implement the pilot projects on the six-month 
85.2 	review of child custody, parenting time, and 
85.3 	support orders, and on the accounting for 
85.4 	child support by obligees.

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

85.6 	Sec. 38. Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to 
85.7 	read:

85.8	Sec. 2.SUPREME COURT
 	$
	38,806,000
	$
	36,439,000
	
85.9 	Report on Court Fees. The state court 
85.10 	administrator shall review and report back 
85.11 	on the financial consequences of policy 
85.12 	changes made in the following areas: (1) 
85.13 	criminal and traffic offender surcharges; (2) 
85.14 	public defender co-pays; and (3) the use 
85.15 	of revenue recapture to collect the public 
85.16 	defender co-pay. The report shall also list 
85.17 	the local governmental units that employ 
85.18 	administrative procedures to collect fines 
85.19 	for ordinance violations. The state court 
85.20 	administrator must submit the report to the 
85.21 	chairs and ranking minority members on the 
85.22 	committees that have jurisdiction over court 
85.23 	funding by January 15 of each year.
85.24 	$5,000 each year is for a contingent account 
85.25 	for expenses necessary for the normal 
85.26 	operation of the court for which no other 
85.27 	reimbursement is provided.
85.28 	Legal Services to Low-Income Clients in 
85.29 	Family Law Matters. Of this appropriation, 
85.30 	$877,000 each year is to improve the 
85.31 	access of low-income clients to legal 
85.32 	representation in family law matters. This 
85.33 	appropriation must be distributed under 
85.34 	Minnesota Statutes, section 480.242, to 
86.1 	the qualified legal services programs 
86.2 	described in Minnesota Statutes, section 
86.3 	480.242, subdivision 2, paragraph (a). Any 
86.4 	unencumbered balance remaining in the first 
86.5 	year does not cancel and is available in the 
86.6 	second year.
86.7 	Of this appropriation, $355,000 in fiscal 
86.8 	year 2005 is for the implementation of 
86.9 	the Minnesota Child Support Act and is 
86.10 	contingent upon its enactment. This is a 
86.11 	onetime appropriation.

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

86.13 	Sec. 39. PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
 86.14 	The State Board of Public Defense and the Hennepin County Board of 
86.15 	Commissioners shall jointly prepare a report to the legislature on the history of the 
86.16 	funding of the public defender's office in the Fourth Judicial District provided by the state 
86.17 	and Hennepin County. The report must compare the costs and services provided by the 
86.18 	Fourth Judicial District Public Defender's Office to the costs and services provided by the 
86.19 	state Board of Public Defense in all other public defender district offices. The report must 
86.20 	detail the amount of funding provided by Hennepin County to the Fourth Judicial District 
86.21 	Public Defender's Office and the amount necessary for the state to assume the full costs of 
86.22 	the public defender duties in the Fourth Judicial District as in the other judicial districts 
86.23 	throughout the state. The report must also recommend specific legislation that would 
86.24 	provide for an appropriate resolution of the state and local funding of the Fourth Judicial 
86.25 	District Public Defender's Office. The report must be completed by October 1, 2007, and 
86.26 	be submitted to the commissioner of finance, the chairs and ranking minority members of 
86.27 	the senate and house committees and divisions with jurisdiction over finance, judiciary, 
86.28 	judiciary finance, and public safety finance, and the house Ways and Means Committee.

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

86.30 	Sec. 40. REPORT.
 86.31 	The commissioner of commerce shall monitor compliance with the good faith 
86.32 	obligations of insurers imposed by Minnesota Statutes, section 604.18 and prepare a 
86.33 	compliance report and submit it to the house and senate standing committees with 
87.1 	jurisdiction over insurance matters on January 1 of each year. The commissioner shall 
87.2 	also submit a copy of the report to the state court administrator to assist the administrator 
87.3 	in monitoring the impact on the state court system of the enactment of Minnesota 
87.4 	Statutes, section 604.18. The report must also include the information received by the 
87.5 	commissioner under Minnesota Statutes, section 604.18, subdivision 3.

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

87.7 	Sec. 41.  REPEALER.
 87.8 	Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; and 611.20, 
87.9 	subdivision 5, are repealed.

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

87.11 	ARTICLE 6
87.12 	CORRECTIONS

87.13 	Section 1. Minnesota Statutes 2006, section 16A.72, is amended to read:
87.14 	16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
87.15 	All income, including fees or receipts of any nature, shall be credited to the general 
87.16 	fund, except:
87.17 	(1) federal aid;
87.18 	(2) contributions, or reimbursements received for any account of any division or 
87.19 	department for which an appropriation is made by law;
87.20 	(3) income to the University of Minnesota;
87.21 	(4) income to revolving funds now established in institutions under the control of the 
87.22 	commissioners of corrections or human services;
87.23 	(5) investment earnings resulting from the master lease program, except that the 
87.24 	amount credited to another fund or account may not exceed the amount of the additional 
87.25 	expense incurred by that fund or account through participation in the master lease program;
87.26 	(6) investment earnings resulting from any gift, donation, devise, endowment, trust, 
87.27 	or court ordered or approved escrow account or trust fund, which should be credited to the 
87.28 	fund or account and appropriated for the purpose for which it was received;
87.29 	(7) receipts from the operation of patients' and inmates' stores and patients' vending 
87.30 	machines, which shall be deposited in the social welfare fund, or in the case of prison 
87.31 	industries in the correctional revolving fund, in each institution for the benefit of the 
87.32 	patients and inmates;
88.1 	(8) money received in payment for services of inmate labor employed in the 
88.2 	industries carried on in the state correctional facilities which receipts shall be credited to 
88.3 	the current expense fund of those facilities income to prison industries which shall be 
88.4 	credited to the correctional industries revolving fund;
88.5 	(9) as provided in sections 16B.57 and 85.22; 
88.6 	(10) income to the Minnesota Historical Society;
88.7 	(11) the percent of income collected by a private collection agency and retained by 
88.8 	the collection agency as its collection fee; or
88.9 	(12) as otherwise provided by law.

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

88.11 	Sec. 2. Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:
88.12 		Subd. 2.Public entities; purchases from corrections industries. (a) The 
88.13 	commissioner of corrections, in consultation with the commissioner of administration, 
88.14 	shall prepare updated lists of the items available for purchase from Department of 
88.15 	Corrections industries and annually forward a copy of the most recent list to all public 
88.16 	entities within the state. A public entity that is supported in whole or in part with funds 
88.17 	from the state treasury may purchase items directly from corrections industries. The bid 
88.18 	solicitation process is not required for these purchases.
88.19 	(b) The commissioner of administration shall develop a contract or contracts 
88.20 	to enable public entities to purchase items directly from corrections industries. The 
88.21 	commissioner of administration, in consultation with the commissioner of corrections, 
88.22 	shall determine the fair market price for listed items. The commissioner of administration 
88.23 	shall require that all requests for bids or proposals, for items provided by corrections 
88.24 	industries, be forwarded to the commissioner of corrections to enable corrections industries 
88.25 	to submit bids. The commissioner of corrections shall consult with the commissioner of 
88.26 	administration prior to introducing new products to the state agency market.
88.27 	(c) No public entity may evade the intent of this section by adopting slight variations 
88.28 	in specifications, when Minnesota corrections industry items meet the reasonable needs 
88.29 	and specifications of the public entity.
88.30 	(d) The commissioners of administration and corrections shall develop annual 
88.31 	performance measures outlining goals to maximize inmate work program participation. 
88.32 	The commissioners of administration and corrections shall appoint cochairs for a task 
88.33 	force whose purpose is to determine additional methods to achieve the performance 
88.34 	goals for public entity purchasing. The task force shall include representatives from the 
88.35 	Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and 
89.1 	Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association 
89.2 	of Counties, and administrators with purchasing responsibilities from the Minnesota state 
89.3 	Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources, 
89.4 	Human Services, Health, and Employment and Economic Development. Notwithstanding 
89.5 	section 15.059, the task force created in this paragraph expires on June 30, 2003.
89.6 	(e) If performance goals for public entity purchasing are not achieved in two 
89.7 	consecutive fiscal years, public entities shall purchase items available from corrections 
89.8 	industries. The commissioner of administration shall be responsible for notifying public 
89.9 	entities of this requirement.

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

89.11 	Sec. 3. Minnesota Statutes 2006, section 16C.23, subdivision 2, is amended to read:
89.12 		Subd. 2.Surplus property. "Surplus property" means state or federal commodities, 
89.13 	equipment, materials, supplies, books, printed matter, buildings, and other personal or real 
89.14 	property that is obsolete, unused, not needed for a public purpose, or ineffective for current 
89.15 	use. Surplus property does not include products manufactured by or held in inventory by 
89.16 	prison industries for sale to the general public in the normal course of its business.

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

89.18 	Sec. 4. Minnesota Statutes 2006, section 241.018, is amended to read:
89.19 	241.018 PER DIEM CALCULATION.
89.20 		Subdivision 1.State correctional facilities. (a) The commissioner of corrections 
89.21 	shall develop a uniform method to calculate the average department-wide per diem cost 
89.22 	of incarcerating offenders at state adult correctional facilities. In addition to other costs 
89.23 	currently factored into the per diem, it must include an appropriate percentage of capitol 
89.24 	costs for all adult correctional facilities and 65 percent of the department's management 
89.25 	services budget.
89.26 	(b) The commissioner also shall use this method of calculating per diem costs 
89.27 	for offenders in each state adult correctional facility. When calculating the per diem 
89.28 	cost of incarcerating offenders at a particular facility, the commissioner shall include 
89.29 	an appropriate percentage of capital costs for the facility and an appropriate prorated 
89.30 	amount, given the facility's population, of 65 percent of the department's management 
89.31 	services budget.
90.1 	(c) The commissioner shall ensure that these new per diem methods are used in 
90.2 	all future annual performance reports to the legislature and are also reflected in the 
90.3 	department's biennial budget document.
90.4 		Subd. 2.Local correctional facilities. (a) The commissioner of corrections shall 
90.5 	develop a uniform method to calculate the average per diem cost of incarcerating offenders 
90.6 	in county and regional jail facilities licensed by the commissioner under section 241.021, 
90.7 	subdivision 1, paragraph (a).
90.8 	(b) Each county and regional jail in the state must annually provide the commissioner 
90.9 	with a per diem calculation based on the formula the commissioner promulgates pursuant 
90.10 	to paragraph (a).
90.11 	(c) The commissioner shall include the county and regional jail per diem data 
90.12 	collected under paragraph (b) in the Department of Correction's annual performance report 
90.13 	to the legislature mandated by section 241.016.

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

90.15 	Sec. 5. Minnesota Statutes 2006, section 241.27, subdivision 1, is amended to read:
90.16 		Subdivision 1.Establishment of Minnesota correctional industries; MINNCOR 
90.17 	industries. For the purpose of providing adequate, regular and suitable employment, 
90.18 	vocationaleducational training, and to aid the inmates of state correctional facilities, 
90.19 	the commissioner of corrections may establish, equip, maintain and operate at any 
90.20 	correctional facility under the commissioner's control such industrial and commercial 
90.21 	activities as may be deemed necessary and suitable to the profitable employment, 
90.22 	vocationaleducational training and development of proper work habits of the inmates of 
90.23 	state correctional facilities. The industrial and commercial activities authorized by this 
90.24 	section are designated MINNCOR industries and shall be for the primary purpose of 
90.25 	sustaining and ensuring MINNCOR industries' self-sufficiency, providing vocational
90.26 	educational training, meaningful employment and the teaching of proper work habits to 
90.27 	the inmates of correctional facilities under the control of the commissioner of corrections, 
90.28 	and not solely as competitive business ventures. The net profits from these activities shall 
90.29 	be used for the benefit of the inmates as it relates to education, self-sufficiency skills, and 
90.30 	transition services and not to fund non-inmate-related activities or mandates. Prior to the 
90.31 	establishment of any industrial and commercial activity, the commissioner of corrections 
90.32 	may consult with representatives of business, industry, organized labor, the state 
90.33 	Department of Education, the state Apprenticeship Council, the state Department of Labor 
90.34 	and Industry, the Department of Employment Security, the Department of Administration, 
90.35 	and such other persons and bodies as the commissioner may feel are qualified to determine 
91.1 	the quantity and nature of the goods, wares, merchandise and services to be made or 
91.2 	provided, and the types of processes to be used in their manufacture, processing, repair, 
91.3 	and production consistent with the greatest opportunity for the reform and vocational
91.4 	educational training of the inmates, and with the best interests of the state, business, 
91.5 	industry and labor.
91.6 	The commissioner of corrections shall, at all times in the conduct of any industrial 
91.7 	or commercial activity authorized by this section, utilize inmate labor to the greatest 
91.8 	extent feasible, provided, however, that the commissioner may employ all administrative, 
91.9 	supervisory and other skilled workers necessary to the proper instruction of the inmates 
91.10 	and the profitable and efficient operation of the industrial and commercial activities 
91.11 	authorized by this section.
91.12 	Additionally, the commissioner of corrections may authorize the director of any 
91.13 	correctional facility under the commissioner's control to accept work projects from outside 
91.14 	sources for processing, fabrication or repair, provided that preference shall be given to the 
91.15 	performance of such work projects for state departments and agencies.

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

91.17 	Sec. 6. Minnesota Statutes 2006, section 241.27, subdivision 2, is amended to read:
91.18 		Subd. 2.Revolving fund; use of fund. There is established in the Department 
91.19 	of Corrections under the control of the commissioner of corrections the Minnesota 
91.20 	correctional industries revolving fund to which shall be transferred the revolving funds 
91.21 	authorized in Minnesota Statutes 1978, sections 243.41 and 243.85, clause (f), and any 
91.22 	other industrial revolving funds heretofore established at any state correctional facility 
91.23 	under the control of the commissioner of corrections. The revolving fund established 
91.24 	shall be used for the conduct of the industrial and commercial activities now or hereafter 
91.25 	established at any state correctional facility, including but not limited to the purchase of 
91.26 	equipment, raw materials, the payment of salaries, wages and other expenses necessary 
91.27 	and incident thereto. The purchase of services, materials, and commodities used in and 
91.28 	held for resale are not subject to the competitive bidding procedures of section 16C.06, but 
91.29 	are subject to all other provisions of chapters 16B and 16C, unless otherwise identified. 
91.30 	When practical, purchases must be made from small targeted group businesses designated 
91.31 	under section 16C.16. Additionally, the expenses of inmate vocational educational
91.32 	training, self-sufficiency skills, transition services, and the inmate release fund may be 
91.33 	financed from the correctional industries revolving fund in an amount to be determined 
91.34 	by the commissioner or the MINNCOR chief executive officer as duly appointed by the 
91.35 	commissioner. The proceeds and income from all industrial and commercial activities 
92.1 	conducted at state correctional facilities shall be deposited in the correctional industries 
92.2 	revolving fund subject to disbursement as hereinabove provided. The commissioner of 
92.3 	corrections may request that money in the fund be invested pursuant to section 11A.25; 
92.4 	the proceeds from the investment not currently needed shall be accounted for separately 
92.5 	and credited to the fund. 

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

92.7 	Sec. 7. Minnesota Statutes 2006, section 241.27, subdivision 3, is amended to read:
92.8 		Subd. 3.Disbursement from fund. The correctional industries revolving fund 
92.9 	shall be deposited in the state treasury and paid out only on proper vouchers as may be 
92.10 	authorized and approved by the commissioner of corrections, and in the same manner and 
92.11 	under the same restrictions as are now provided by law for the disbursement of funds by 
92.12 	the commissioner. An amount deposited in the state treasury equal to six months of net 
92.13 	operating cash as determined by the prior 12 months of revenue and cash flow statements, 
92.14 	shall be restricted for use only by correctional industries as described under subdivision 
92.15 	2. For purposes of this subdivision, "net operating cash" means net income minus sales 
92.16 	plus cost of goods sold. Cost of goods sold include all direct costs of correctional industry 
92.17 	products attributable to their production. The commissioner of corrections is authorized 
92.18 	to keep and maintain at any correctional facility under the commissioner's control a 
92.19 	contingent fund, as provided in section 241.13; but the contingent fund shall at all times 
92.20 	be covered and protected by a proper and sufficient bond to be duly approved as by law 
92.21 	now provided. 

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

92.23 	Sec. 8. Minnesota Statutes 2006, section 241.27, subdivision 4, is amended to read:
92.24 		Subd. 4.Revolving fund; borrowing. The commissioner of corrections is 
92.25 	authorized, when in the commissioner's judgment it becomes necessary in order to meet 
92.26 	current demands on the correctional industries revolving fund, to borrow sums of money 
92.27 	as may be necessary. The sums so borrowed shall not exceed, in any one year, 50 percent 
92.28 	of the total of the net worth of correctional industries six months of net operating cash as 
92.29 	determined by the previous 12 months of the correctional industries' revenue and cash 
92.30 	flow statements.
92.31 	When the commissioner of corrections shall certify to the commissioner of finance 
92.32 	that, in the commissioner's judgment, it is necessary to borrow a specified sum of money 
92.33 	in order to meet the current demands on the correctional industries revolving fund, and the 
93.1 	commissioner of finance may, in the commissioner's discretion, transfer and credit to the 
93.2 	correctional industries revolving fund, from any moneys in the state treasury not required 
93.3 	for immediate disbursement, the whole or such part of the amount so certified as they 
93.4 	deem advisable, which sum so transferred shall be repaid by the commissioner from the 
93.5 	revolving fund to the fund from which transferred, at such time as shall be specified by the 
93.6 	commissioner of finance, together with interest thereon at such rate as shall be specified 
93.7 	by the commissioner of finance, not exceeding four percent per annum. When any transfer 
93.8 	shall so have been made to the correctional industries revolving fund, the commissioner 
93.9 	of finance shall notify the commissioner of corrections of the amount so transferred to 
93.10 	the credit of the correctional industries revolving fund, the date when the same is to be 
93.11 	repaid, and the rate of interest so to be paid.

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

93.13 	Sec. 9. Minnesota Statutes 2006, section 241.278, is amended to read:
93.14 	241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY 
93.15 	JAIL INMATES.
93.16 	The commissioner of corrections, in the interest of inmate rehabilitation or to 
93.17 	promote programs under section 241.275, subdivision 2, may enter into interagency 
93.18 	agreements with state, county, or municipal agencies, or contract with nonprofit agencies 
93.19 	to manage, fund, or partially fund the cost of programs that use state or county jail 
93.20 	inmates as a work force. The commissioner is authorized to receive funds via these 
93.21 	agreements and these funds are appropriated to the commissioner for community service 
93.22 	programming or when prison industries are party to the agreement, shall be deposited in 
93.23 	the Minnesota correctional industries revolving fund for use as described under section 
93.24 	241.27, subdivision 2.

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

93.26 	Sec. 10. Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:
93.27 		Subd. 3.Transfer. If the licensed mental health professional finds the person to be a 
93.28 	person who is mentally ill and in need of short-term care, the examining licensed mental
93.29 	health care professional may recommend transfer by the commissioner of corrections to 
93.30 	the mental health unit established pursuant to subdivision 1.

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

94.1 	Sec. 11. Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
94.2 		Subd. 4.Commitment. If the examining licensed mental health care professional or 
94.3 	licensed mental health professional finds the person to be a person who is mentally ill and 
94.4 	in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision 
94.5 	3 refuses to voluntarily participate in the treatment program at the mental health unit, the 
94.6 	director of psychological services of the institution or the mental health professional shall 
94.7 	initiate proceedings for judicial commitment as provided in section 253B.07. Upon the 
94.8 	recommendation of the licensed mental health professional and upon completion of the 
94.9 	hearing and consideration of the record, the court may commit the person to the mental 
94.10 	health unit established in subdivision 1 or to another hospital. A person confined in a state 
94.11 	correctional institution for adults who has been adjudicated to be a person who is mentally 
94.12 	ill and in need of treatment may be committed to the commissioner of corrections and 
94.13 	placed in the mental health unit established in subdivision 1. 

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

94.15 	Sec. 12. Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:
94.16 		Subd. 6.Rules and regulations. The county may promulgate rules and regulations 
94.17 	for the proper operation and maintenance of each facility and the proper care and discipline 
94.18 	of inmates detained in the facility. These rules and regulations may, among other things, 
94.19 	provide for the diminution of sentences of inmates for good behavior, but in no event to 
94.20 	exceed a total of five days for each 30 day sentence in accordance with section 643.29.

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

94.22 	Sec. 13. Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:
94.23 		Subd. 7.Confinement of inmates from other counties. The county may accept 
94.24 	an inmate for confinement at a county correction facility when the inmate is committed 
94.25 	to the facility by order of a judge of a municipality or county outside Ramsey County if 
94.26 	the county is paid the amount of compensation for board, confinement, and maintenance 
94.27 	of the inmate that it determines. No compensation of this kind may be in an amount less 
94.28 	than the actual per diem cost per person confined. A county outside Ramsey County or 
94.29 	a municipality outside Ramsey County may enter into and agree with Ramsey County 
94.30 	for the incarceration of prisoners.

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

94.32 	Sec. 14. Minnesota Statutes 2006, section 401.15, subdivision 1, is amended to read:
95.1 		Subdivision 1.Certified statements; determinations; adjustments. On or before
95.2 	Within 60 days of the end of each calendar quarter, participating counties which have 
95.3 	received the payments authorized by section 401.14 shall submit to the commissioner 
95.4 	certified statements detailing the amounts expended and costs incurred in furnishing the 
95.5 	correctional services provided in sections 401.01 to 401.16. Upon receipt of certified 
95.6 	statements, the commissioner shall, in the manner provided in sections 401.10 and 
95.7 	401.12, determine the amount each participating county is entitled to receive, making any 
95.8 	adjustments necessary to rectify any disparity between the amounts received pursuant to 
95.9 	the estimate provided in section 401.14 and the amounts actually expended. If the amount 
95.10 	received pursuant to the estimate is greater than the amount actually expended during the 
95.11 	quarter, the commissioner may withhold the difference from any subsequent monthly 
95.12 	payments made pursuant to section 401.14. Upon certification by the commissioner of 
95.13 	the amount a participating county is entitled to receive under the provisions of section 
95.14 	401.14 or of this subdivision the commissioner of finance shall thereupon issue a state 
95.15 	warrant to the chief fiscal officer of each participating county for the amount due together 
95.16 	with a copy of the certificate prepared by the commissioner. 

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

95.18 	Sec. 15. Minnesota Statutes 2006, section 641.15, is amended by adding a subdivision 
95.19 	to read:
95.20 		Subd. 3a.Intake procedure; approved mental health screening. As part of its 
95.21 	intake procedure for new prisoners, the sheriff or local corrections shall use a mental 
95.22 	health screening tool approved by the commissioner of corrections in consultation with 
95.23 	the commissioner of human services to identify persons who may have mental illness.

95.24 	EFFECTIVE DATE. This section is effective August 1, 2007.

95.25 	Sec. 16. Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
95.26 		Subd. 2.Withdrawal. A county board may withdraw from cooperation in a regional 
95.27 	jail system if the county boards of all of the other cooperating counties decide, by majority 
95.28 	vote, to allow the withdrawal in accordance with the terms of a joint powers agreement. 
95.29 	With the approval of the county board of each cooperating county, the regional jail board 
95.30 	shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital 
95.31 	cost, debt service, or lease rental payments made by the county prior to withdrawal, in 
95.32 	excess of its proportionate share of benefits from the regional jail prior to withdrawal, and 
95.33 	the time and manner of making the payments. The payments shall be deemed additional 
96.1 	payments of capital cost, debt service, or lease rentals to be made proportionately by the 
96.2 	remaining counties and, when received, shall be deposited in and paid from the regional 
96.3 	jail fund; provided that:
96.4 	(a)(1) payments shall not be made from any amounts in the regional jail fund 
96.5 	which are needed for maintenance and operation expenses or lease rentals currently due 
96.6 	and payable; and
96.7 	(b)(2) the withdrawing county shall remain obligated for the payment of its 
96.8 	proportionate share of any lease rentals due and payable after its withdrawal, in the 
96.9 	event and up to the amount of any lease payment not made when due by one or more of 
96.10 	the other cooperating counties.

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

96.12 	Sec. 17. DISCIPLINARY CONFINEMENT; PROTOCOL.
 96.13 	The commissioner of corrections shall develop a protocol that is fair, firm, and 
96.14 	consistent so that inmates have an opportunity to be released from disciplinary confinement 
96.15 	in a timely manner. For those inmates in disciplinary confinement who are nearing their 
96.16 	release date, the commissioner of corrections shall, when possible, develop a reentry plan.

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

96.18 	Sec. 18.  REPEALER.
 96.19 	Minnesota Statutes 2006, sections 241.021, subdivision 5; and 241.85, subdivision 
96.20 	2, are repealed.

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

96.22 	ARTICLE 7
96.23 	OFFENDER RE-ENTRY POLICY

96.24 	Section 1. Minnesota Statutes 2006, section 241.016, subdivision 1, is amended to read:
96.25 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
96.26 	performance report to the chairs and ranking minority members of the senate and house 
96.27 	committees and divisions having jurisdiction over criminal justice funding by January 
96.28 	15, 2005, and every other year thereafter. The issuance and content of the report must 
96.29 	include the following:
96.30 	(1) department strategic mission, goals, and objectives;
97.1 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
97.2 	per diem, reported in a standard calculated method as outlined in the departmental policies 
97.3 	and procedures; 
97.4 	(3) department annual statistics as outlined in the departmental policies and 
97.5 	procedures; and
97.6 	(4) information about prison-based mental health programs, including, but not 
97.7 	limited to, the availability of these programs, participation rates, and completion rates.
97.8 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
97.9 	basis. In addition, each year the department shall, on an alternating basis, complete a 
97.10 	recidivism analysis of adult facilities, juvenile services, and the community services 
97.11 	divisions and include a three-year recidivism analysis in the report described in paragraph 
97.12 	(a). When appropriate, The recidivism analysis must include: (1) assess education 
97.13 	programs, vocational programs, treatment programs, including mental health programs, 
97.14 	industry, and employment; and (2) assess statewide re-entry policies and funding, 
97.15 	including postrelease treatment, education, training, and supervision. In addition, when 
97.16 	reporting recidivism for the department's adult and juvenile facilities, the department shall 
97.17 	report on the extent to which offenders it has assessed as chemically dependent commit 
97.18 	new offenses, with separate recidivism rates reported for persons completing and not 
97.19 	completing the department's treatment programs.

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

97.21 	Sec. 2. [241.86] FIVE-YEAR DEMONSTRATION PROJECT FOR HIGH-RISK 
97.22 	ADULTS.
97.23 		Subdivision 1.Definition. For purposes of this section, "high-risk adult" means an 
97.24 	adult with a history of some combination of substance abuse, mental illness, chronic 
97.25 	unemployment, incarceration, or homelessness. High-risk adults are considered to be very 
97.26 	likely to enter or reenter state or county correctional programs or chemical or mental 
97.27 	health programs.
97.28 		Subd. 2.Establishment. (a) The Department of Corrections shall contract with 
97.29 	one nonprofit entity to conduct this five-year demonstration project and document the 
97.30 	effectiveness of this model. Initially, the demonstration will operate in the Twin Cities 
97.31 	metropolitan area.
97.32 	(b) The contractor must, at a minimum, meet the following criteria:
97.33 	(1) be an incorporated, nonprofit organization that is capable of managing and 
97.34 	operating a multidisciplinary model for providing high-risk adults with housing, short-term 
97.35 	work, health care, behavioral health care, and community reengagement;
98.1 	(2) demonstrate an ability to organize and manage an alliance of nonprofit 
98.2 	organizations providing services to high-risk adults;
98.3 	(3) have organizational leaders with a demonstrated ability to organize, manage, 
98.4 	and lead service teams consisting of workers from multiple service providers that deliver 
98.5 	direct support to high-risk adults;
98.6 	(4) have experience with providing a comprehensive set of housing, work, health 
98.7 	care, behavioral health care, and community reengagement services to high-risk adults; and
98.8 	(5) be a recipient of foundation and other private funds for the refinement and testing 
98.9 	of a demonstration of this type.
98.10 		Subd. 3.Scope of the five-year demonstration project. The contractor undertaking 
98.11 	this five-year demonstration project shall, as part of this project:
98.12 	(1) enroll up to 500 eligible high-risk adults over the five-year demonstration project 
98.13 	period, starting December 1, 2007, and ending December 31, 2012;
98.14 	(2) using best practices derived from research and testing, provide or assist in 
98.15 	arranging access to services for high-risk adults enrolled in the demonstration project, 
98.16 	including, at a minimum, housing, behavioral health services, health care, employment, 
98.17 	and community and family reengagement;
98.18 	(3) maximize the performance of existing services and programs by coordinating 
98.19 	access to and the delivery of these services; and
98.20 	(4) define conditions under which enrollees are considered to be in good standing 
98.21 	and allowed to remain in the demonstration project. These conditions may include, but 
98.22 	are not limited to:
98.23 	(i) living in stable and safe housing;
98.24 	(ii) working and earning an income;
98.25 	(iii) paying child support, if appropriate;
98.26 	(iv) participating in treatment programs, if appropriate; and
98.27 	(v) no arrests.
98.28 		Subd. 4.Payment. The commissioner shall pay from grant funds for this 
98.29 	demonstration project, to the entity under contract, a monthly flat fee of $1,600 for every 
98.30 	enrollee who is in good standing in the demonstration project.
98.31 		Subd. 5.Report. (a) The entity shall submit annually a report to the commissioners 
98.32 	of corrections, human services, employment and economic development, and housing 
98.33 	finance and the legislature on or before January 15 of each year, beginning January 15, 
98.34 	2008. The report must include:
98.35 	(1) the number of participants who have been enrolled and the number currently 
98.36 	participating in the demonstration project;
99.1 	(2) a description of the services provided to enrollees over the past year and over the 
99.2 	duration of the demonstration project to date;
99.3 	(3) an accounting of the costs associated with the enrollees over the past year and 
99.4 	over the duration of the demonstration project to date; and
99.5 	(4) any other information requested by the commissioners of corrections, housing, 
99.6 	employment and economic development, and human services and the legislature.
99.7 	(b) The report shall include recommendations on improving and expanding the 
99.8 	project to other geographical areas of the state.
99.9 	(c) The report shall include an update on the status of the independent evaluation 
99.10 	required in subdivision 7.
99.11 		Subd. 6.Independent evaluation. An independent evaluator selected by the 
99.12 	commissioner of corrections, in consultation with the contractor conducting the project, 
99.13 	must conduct an evaluation of the project. The independent evaluator must complete and 
99.14 	submit a report of findings and recommendations to the commissioners of corrections, 
99.15 	housing finance, human services, education, and employment and economic development 
99.16 	and the legislature. This independent evaluation must be developed and implemented 
99.17 	concurrently with the five-year demonstration project, beginning on December 1, 2007. 
99.18 	The final report to the legislature is due on or before January 15, 2013.
99.19 		Subd. 7.Sunset. This section expires December 31, 2013.

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

99.21 	Sec. 3. [299A.82] MENTORING GRANT FOR CHILDREN OF 
99.22 	INCARCERATED PARENTS.
99.23 		Subdivision 1.Mentoring grant. The commissioner of corrections shall award 
99.24 	grants to nonprofit organizations that provide one-to-one mentoring relationships to 
99.25 	youth enrolled between the ages of seven to 13 whose parent or other significant family 
99.26 	member is incarcerated in a county workhouse, county jail, state prison, or other type of 
99.27 	correctional facility or is subject to correctional supervision. The intent of the grant is 
99.28 	to provide children with adult mentors to strengthen developmental outcomes, including 
99.29 	enhanced self-confidence and esteem; improved academic performance; and improved 
99.30 	relationships with peers, family, and other adults that may prevent them from entering the 
99.31 	juvenile justice system.
99.32 		Subd. 2.Grant criteria. As a condition of receiving the grant, the grant recipient 
99.33 	must:
99.34 	(1) collaborate with other organizations that have a demonstrated history of 
99.35 	providing services to youth and families in disadvantaged situations; 
100.1 	(2) implement procedures to ensure that 100 percent of the mentors pose no safety 
100.2 	risk to the child and have the skills to participate in a mentoring relationship;
100.3 	(3) provide enhanced training to mentors focusing on asset building and family 
100.4 	dynamics when a parent is incarcerated; and 
100.5 	(4) provide an individual family plan and aftercare.
100.6 		Subd. 3.Program evaluation. The grant recipient must submit an evaluation plan 
100.7 	to the commissioner delineating the program and student outcome goals and activities 
100.8 	implemented to achieve the stated outcomes. The goals must be clearly stated and 
100.9 	measurable. The grant recipient must collect, analyze, and report on participation and 
100.10 	outcome data that enable the department to verify that the program goals were met.

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

100.12 	Sec. 4. LEGISLATIVE WORKING GROUP ON OFFENDER RE-ENTRY.
 100.13 	(a) The chairs of the house of representatives Public Safety Finance Committee and 
100.14 	the senate Public Safety Budget Division, or their designees, shall co-chair an offender 
100.15 	re-entry working group.  The working group shall review, examine, and, where the group 
100.16 	deems necessary, formulate legislative proposals addressing the following issues:
100.17 	(1) the Department of Corrections' role in offender re-entry, including prerelease and 
100.18 	postrelease planning, education, treatment, housing, and employment;
100.19 	(2) housing for offenders upon release from prison, including offender housing plans 
100.20 	and the need for and placement of halfway houses;
100.21 	(3) the Department of Human Services and the Department of Housing Finance 
100.22 	Administration's role in assisting recently released offenders with housing and mental 
100.23 	health services;
100.24 	(4) prerelease and postrelease offender drug treatment policies, programs, and 
100.25 	funding;
100.26 	(5) drug sentencing, including an assessment of the costs and benefits of adjusting 
100.27 	drug weight thresholds in controlled substance offenses in Minnesota Statutes, chapter 
100.28 	152, and the proportionality of Minnesota's drug sentences as compared to sentences for 
100.29 	other Minnesota offenses and drug sentences in other states in the upper midwest;
100.30 	(6) creation of an early discharge committee to recommend the release of offenders 
100.31 	who make significant and measurable progress in treatment, education, job skill training, 
100.32 	and overall behavior before their term of imprisonment expires;
100.33 	(7) defining the class of offenders who are eligible for early release, if an early 
100.34 	discharge committee is recommended;
100.35 	(8) establishing re-entry courts to oversee postprison supervision of offenders;
101.1 	(9) how the current system of probation supervision affects recidivism and if the 
101.2 	system needs to be reformed;
101.3 	(10) the need for and value of collateral employment sanctions associated with 
101.4 	certain offenses;
101.5 	(11) juvenile offender re-entry;
101.6 	(12) extending tax credits to businesses that employ offenders recently released 
101.7 	from prison; and
101.8 	(13) any other matter relevant to promoting successful offender re-entry.
101.9 	(b) At the invitation of the co-chairs, the group shall include members of the house 
101.10 	of representatives and senate and representatives from the Department of Corrections, 
101.11 	the Sentencing Guidelines Commission, the courts, law enforcement, probation, county 
101.12 	attorneys, the Board of Public Defense, Private Criminal Defense Bar, and the Minnesota 
101.13 	Comprehensive Offender Re-entry Plan Steering Committee.
101.14 	(c) The house of representatives co-chair shall convene and lead the first session of 
101.15 	the working group on or before August 1, 2007. The co-chairs or their designees shall 
101.16 	alternate leading working group sessions. The group shall meet at least twice a month.
101.17 	(d) The working group shall develop policy recommendations by November 1, 2007, 
101.18 	and prepare draft legislation on or before December 15, 2007.
101.19 	(e) Legislative staff is authorized to assist the working group, as the co-chairs deem 
101.20 	necessary.
101.21 	(f) The working group expires on December 15, 2007.

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

101.23 	Sec. 5. RE-ENTRY GRANT ADDRESSING DOMESTIC VIOLENCE AND 
101.24 	INTIMATE PARTNER VIOLENCE.
 101.25 		Subdivision 1.Re-entry grant. The commissioner of corrections shall award a 
101.26 	grant to a nonprofit having a section 501(c)(3) status with the Internal Revenue Service 
101.27 	or a public or private institution of higher education that has expertise in addressing the 
101.28 	intersection between offender re-entry and domestic violence. The intent of the grant is 
101.29 	to provide services to re-entering offenders and their intimate partners to: (1) reduce the 
101.30 	incidence of domestic violence among offenders re-entering the community; (2) reduce 
101.31 	occurrences of domestic violence, serious injury, and death experienced by intimate 
101.32 	partners who are in relationships with offenders recently released from jail or prison; and 
101.33 	(3) reduce criminal recidivism due to domestic violence.
101.34 		Subd. 2.Grant criteria. As a condition of receiving the grant, the grant recipient 
101.35 	must:
102.1 	(1) subcontract with at least one community-based domestic abuse counseling 
102.2 	or educational program and at least one crime victim service provider to provide 
102.3 	comprehensive services to recently released offenders and their intimate partners;
102.4 	(2) train the organizations selected pursuant to clause (1) on research-based practices 
102.5 	and best practices in addressing the intersection of offender re-entry and domestic 
102.6 	violence; and
102.7 	(3) serve as liaison to the department of corrections and provide technical assistance, 
102.8 	training, and coordination to the organizations selected pursuant to clause (1) in 
102.9 	implementing policies that address the intersection of offender re-entry and domestic 
102.10 	violence.
102.11 		Subd. 3.Program evaluation. The grant recipient must rigorously evaluate the 
102.12 	effectiveness of its intervention and work with subcontracted organizations to collect data. 
102.13 	The grant recipient must submit an evaluation plan to the commissioner of corrections 
102.14 	delineating project goals and specific activities performed to achieve those goals.

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

102.16 	Sec. 6. PILOT PROJECT.
 102.17 	(a) The commissioner of corrections shall issue a grant to a nonprofit organization to 
102.18 	establish a pilot project to provide employment services to ex-criminal offenders living 
102.19 	in the North Minneapolis community. The pilot project must provide the ex-offender 
102.20 	participants with a continuum of employment services that identifies their needs; 
102.21 	intervenes with them through case management if they are struggling; and provides them 
102.22 	with work readiness, skill training, chemical and mental health referrals, housing support, 
102.23 	job placement, work experience, and job retention support. The pilot project shall work 
102.24 	with community corrections officials, faith-based organizations, and businesses to create 
102.25 	an array of support opportunities for the participants.
102.26 	(b) By January 15, 2010, the commissioner of corrections shall report to the chairs 
102.27 	and ranking minority members of the senate and house of representatives committees and 
102.28 	divisions having jurisdiction over criminal justice policy and funding on the activities 
102.29 	conducted by the grant recipient and the effectiveness of the pilot project.

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

102.31 	ARTICLE 8
102.32 	PUBLIC SAFETY AND LAW ENFORCEMENT

102.33 	Section 1. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
103.1 		Subdivision 1.Criminal history data. (a) Definition. For purposes of this 
103.2 	subdivision, "criminal history data" means all data maintained in criminal history 
103.3 	records compiled by the Bureau of Criminal Apprehension and disseminated through 
103.4 	the criminal justice information system, including, but not limited to fingerprints, 
103.5 	photographs, identification data, arrest data, prosecution data, criminal court data, custody 
103.6 	and supervision data. 
103.7 	(b)  Classification. Criminal history data maintained by agencies, political 
103.8 	subdivisions and statewide systems are classified as private, pursuant to section 13.02, 
103.9 	subdivision 12, except that data created, collected, or maintained by the Bureau of 
103.10 	Criminal Apprehension that identify an individual who was convicted of a crime, the 
103.11 	offense of which the individual was convicted, associated court disposition and sentence 
103.12 	information, controlling agency, and confinement information are public data for 15 years 
103.13 	following the discharge of the sentence imposed for the offense. When an innocent party's 
103.14 	name is associated with a criminal history, and a determination has been made through a 
103.15 	fingerprint verification that the innocent party is not the subject of the criminal history, the 
103.16 	name may be redacted from the public criminal history data. The name shall be retained in 
103.17 	the criminal history and classified as private data.
103.18 	The Bureau of Criminal Apprehension shall provide to the public at the central office 
103.19 	of the bureau the ability to inspect in person, at no charge, through a computer monitor the 
103.20 	criminal conviction data classified as public under this subdivision.
103.21 	(c)  Limitation. Nothing in paragraph (a) or (b) shall limit public access to data 
103.22 	made public by section 13.82. 

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

103.24 	Sec. 2. Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
103.25 		Subdivision 1.Definition. As used in this section, "crime against the person" means 
103.26 	a violation of any of the following or a similar law of another state or of the United States: 
103.27 	section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 
103.28 	609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247;609.235; 
103.29 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1; 
103.30 	609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section 
103.31 	609.229; 609.377; 609.749; or 624.713.

103.32 	EFFECTIVE DATE. This section is effective the day following final enactment, 
103.33 	and applies retroactively to crimes committed on or after August 1, 2005.

104.1 	Sec. 3. Minnesota Statutes 2006, section 244.05, is amended by adding a subdivision 
104.2 	to read:
104.3 		Subd. 2a.Random searches. (a) This subdivision applies to inmates who were 
104.4 	convicted of and imprisoned for a violent crime, as defined in section 609.1095, involving 
104.5 	the sale, use, or possession of a controlled substance or a dangerous weapon.
104.6 	(b) When an inmate is released on supervised release or parole, the inmate, as a 
104.7 	condition of release, consents to a search of the inmate's person and any motor vehicle 
104.8 	driven by the inmate. The search may be conducted on demand by any parole or 
104.9 	supervised release agent or peace officer.

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

104.11 	Sec. 4. Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
104.12 		Subd. 2.Membership. The oversight council shall consist of the following 
104.13 	individuals or their designees:
104.14 	(1) the director of the office of special investigations as the representative of the 
104.15 	commissioner of corrections;
104.16 	(2) the superintendent of the Bureau of Criminal Apprehension as the representative 
104.17 	of the commissioner of public safety;
104.18 	(3) the attorney general;
104.19 	(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, 
104.20 	two of which must be selected from cities with populations greater than 200,000;
104.21 	(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each 
104.22 	district, two of which must be selected from counties with populations greater than 
104.23 	500,000;
104.24 	(6) the United States attorney for the district of Minnesota;
104.25 	(7) two county attorneys, selected by the Minnesota County Attorneys Association;
104.26 	(8) a command-level representative of a gang strike force;
104.27 	(9) a representative from a drug task force, selected by the Minnesota State 
104.28 	Association of Narcotics Investigators;
104.29 	(10) a representative from the United States Drug Enforcement Administration;
104.30 	(11) a representative from the United States Bureau of Alcohol, Tobacco, and 
104.31 	Firearms;
104.32 	(12) a representative from the Federal Bureau of Investigation;
104.33 	(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement 
104.34 	Association; and
104.35 	(14) two additional members who may be selected by the oversight council;
105.1 	(15) a senator who serves on the committee having jurisdiction over criminal justice 
105.2 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
105.3 	and Administration; and
105.4 	(16) a representative who serves on the committee having jurisdiction over criminal 
105.5 	justice policy, chosen by the speaker of the house of representatives.
105.6 	The oversight council may adopt procedures to govern its conduct as necessary and may 
105.7 	select a chair from among its members. The legislative members of the council may not 
105.8 	vote on matters before the council.

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

105.10 	Sec. 5. Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
105.11 		Subd. 2.Task force. (a) The policy group shall appoint A task force to shall assist 
105.12 	them the policy group in their its duties. The task force shall monitor, review, and report to 
105.13 	the policy group on CriMNet-related projects and provide oversight to ongoing operations 
105.14 	as directed by the policy group. The task force shall consist of the following members:
105.15 	(1) two sheriffs recommended members appointed by the Minnesota Sheriffs 
105.16 	Association, at least one of whom must be a sheriff;
105.17 	(2) two police chiefs recommended members appointed by the Minnesota Chiefs of 
105.18 	Police Association, at least one of whom must be a chief of police;
105.19 	(3) two county attorneys recommended members appointed by the Minnesota 
105.20 	County Attorneys Association, at least one of whom must be a county attorney;
105.21 	(4) two city attorneys recommended members appointed by the Minnesota League 
105.22 	of Cities representing the interests of city attorneys, at least one of whom must be a city 
105.23 	attorney;
105.24 	(5) two public defenders members appointed by the Board of Public Defense, at least 
105.25 	one of whom must be a public defender;
105.26 	(6) two district judges appointed by the Judicial Council, one of whom is currently 
105.27 	assigned to the juvenile court at least one of whom has experience dealing with juvenile 
105.28 	court matters;
105.29 	(7) two community corrections administrators recommended appointed by the 
105.30 	Minnesota Association of Counties, representing the interests of local corrections, at least
105.31 	one of whom represents a community corrections act county;
105.32 	(8) two probation officers appointed by the commissioner of corrections in 
105.33 	consultation with the president of the Minnesota Association of Community Corrections 
105.34 	Act Counties and the president of the Minnesota Association of County Probation Officers;
106.1 	(9) four public members appointed by the governor for a term of six years, one of 
106.2 	whom has been a victim of crime represents the interests of victims, and two who of whom
106.3 	are representatives of the private business community who have expertise in integrated 
106.4 	information systems and who for the purpose of meetings of the full task force may be 
106.5 	compensated pursuant to section 15.059;
106.6 	(10) two court administrators members appointed by the Minnesota Association for 
106.7 	Court Management, at least one of whom must be a court administrator;
106.8 	(11) one member of the house of representatives appointed by the speaker of the 
106.9 	house;
106.10 	(12) one member of the senate appointed by the majority leader;
106.11 	(13) one member appointed by the attorney general or a designee;
106.12 	(14) two individuals recommended elected officials appointed by the Minnesota 
106.13 	League of Cities, one of whom works or resides in greater Minnesota and one of whom 
106.14 	works or resides in the seven-county metropolitan area;
106.15 	(15) two individuals recommended elected officials appointed by the Minnesota 
106.16 	Association of Counties, one of whom works or resides in greater Minnesota and one of 
106.17 	whom works or resides in the seven-county metropolitan area;
106.18 	(16) the director of the Sentencing Guidelines Commission or a designee;
106.19 	(17) one member appointed by the state chief information officer;
106.20 	(18) one member appointed by the commissioner of public safety;
106.21 	(19) one member appointed by the commissioner of corrections;
106.22 	(20) one member appointed by the commissioner of administration; and
106.23 	(21) one member appointed by the chief justice of the Supreme Court.
106.24 	(b) In making these appointments, the appointing authority shall select members 
106.25 	with expertise in integrated data systems or best practices.
106.26 	(c) The commissioner of public safety may appoint additional, nonvoting members 
106.27 	to the task force as necessary from time to time.

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

106.29 	Sec. 6. Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
106.30 		Subd. 5.Review of funding and grant requests. (a) The Criminal and Juvenile 
106.31 	Justice Information Policy Group shall review the funding requests for criminal justice 
106.32 	information systems from state, county, and municipal government agencies. The policy 
106.33 	group shall review the requests for compatibility to statewide criminal justice information 
106.34 	system standards. The review shall be forwarded to the chairs and ranking minority 
107.1 	members of the house and senate committees and divisions with jurisdiction over criminal 
107.2 	justice funding and policy.
107.3 	(b) The CriMNet program office, in consultation with the Criminal and Juvenile 
107.4 	Justice Information Task Force and with the approval of the policy group, shall create 
107.5 	the requirements for any grant request and determine the integration priorities for the 
107.6 	grant period. The CriMNet program office shall also review the requests submitted for 
107.7 	compatibility to statewide criminal justice information systems standards.
107.8 	(c) The task force shall review funding requests for criminal justice information 
107.9 	systems grants and make recommendations to the policy group. The policy group shall 
107.10 	review the recommendations of the task force and shall make a final recommendation 
107.11 	for criminal justice information systems grants to be made by the commissioner of 
107.12 	public safety. Within the limits of available state appropriations and federal grants, the 
107.13 	commissioner of public safety shall make grants for projects that have been recommended 
107.14 	by the policy group.
107.15 	(d) The policy group may approve grants only if the applicant provides an 
107.16 	appropriate share of matching funds as determined by the policy group to help pay up to 
107.17 	one-half of the costs of the grant request. The matching requirement must be constant for 
107.18 	all counties applicants within each grant offering. The policy group shall adopt policies 
107.19 	concerning the use of in-kind resources to satisfy the match requirement and the sources 
107.20 	from which matching funds may be obtained. Local operational or technology staffing 
107.21 	costs may be considered as meeting this match requirement. Each grant recipient shall 
107.22 	certify to the policy group that it has not reduced funds from local, county, federal, or 
107.23 	other sources which, in the absence of the grant, would have been made available to the 
107.24 	grant recipient to improve or integrate criminal justice technology.
107.25 	(e) All grant recipients shall submit to the CriMNet program office all requested 
107.26 	documentation including grant status, financial reports, and a final report evaluating how 
107.27 	the grant funds improved the agency's criminal justice integration priorities. The CriMNet 
107.28 	program office shall establish the recipient's reporting dates at the time funds are awarded.

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

107.30 	Sec. 7. [299F.850] CIGARETTE FIRE SAFETY DEFINITIONS.
107.31 		Subdivision 1.Scope. The terms used in sections 299F.850 to 299F.858 have the 
107.32 	meanings given them in this section.
107.33 		Subd. 2.Agent. "Agent" means any person licensed by the commissioner of 
107.34 	revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
108.1 		Subd. 3.Cigarette. "Cigarette" means any roll for smoking made wholly or in part 
108.2 	of tobacco, the wrapper or cover of which is made of paper or any other substance or 
108.3 	material except tobacco.
108.4 		Subd. 4.Manufacturer. "Manufacturer" means:
108.5 	(1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes 
108.6 	to be manufactured or produced anywhere that the manufacturer intends to be sold in the 
108.7 	state, including cigarettes intended to be sold in the United States through an importer;
108.8 	(2) the first purchaser anywhere that intends to resell in the United States cigarettes 
108.9 	manufactured anywhere that the original manufacturer or maker does not intend to be sold 
108.10 	in the United States; or
108.11 	(3) any entity that becomes a successor of an entity described in clause (1) or (2).
108.12 		Subd. 5.Quality control and quality assurance program. "Quality control and 
108.13 	quality assurance program" means the laboratory procedures implemented to ensure that 
108.14 	operator bias, systematic and nonsystematic methodological errors, and equipment-related 
108.15 	problems do not affect the results of the testing. This program ensures that the testing 
108.16 	repeatability remains within the required repeatability values stated in section 299F.851, 
108.17 	subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with 
108.18 	sections 299F.850 to 299F.858.
108.19 		Subd. 6.Repeatability. "Repeatability" means the range of values within which the 
108.20 	repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
108.21 		Subd. 7.Retail dealer. "Retail dealer" means any person, other than a wholesale 
108.22 	dealer, engaged in selling cigarettes or tobacco products.
108.23 		Subd. 8.Sale. "Sale" means any transfer of title or possession or both, exchange 
108.24 	or barter, conditional or otherwise, in any manner or by any means whatever or any 
108.25 	agreement therefore. In addition to cash and credit sales, the giving of cigarettes as 
108.26 	samples, prizes, or gifts and the exchanging of cigarettes for any consideration other 
108.27 	than money, are considered sales.
108.28 		Subd. 9.Sell. "Sell" means to make a sale or to offer or agree to make a sale.
108.29 		Subd. 10.Wholesale dealer. "Wholesale dealer" means any person (1) who sells 
108.30 	cigarettes or tobacco products to retail dealers or other persons for purposes of resale or 
108.31 	(2) who owns, operates, or maintains one or more cigarette or tobacco product vending 
108.32 	machines in, at, or upon premises owned or occupied by any other person.

108.33 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
108.34 	following the date of its final enactment.

108.35 	Sec. 8. [299F.851] TEST METHOD AND PERFORMANCE STANDARD.
109.1 		Subdivision 1.Requirements. (a) Except as provided in this subdivision, no 
109.2 	cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons 
109.3 	located in this state unless (1) the cigarettes have been tested in accordance with the test 
109.4 	method and have met the performance standard specified in this section, (2) a written 
109.5 	certification has been filed by the manufacturer with the state fire marshal in accordance 
109.6 	with section 299F.852, and (3) the cigarettes have been marked in accordance with section 
109.7 	299F.853.
109.8 	(b) Testing of cigarettes must be conducted in accordance with the American 
109.9 	Society of Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for 
109.10 	Measuring the Ignition Strength of Cigarettes."
109.11 	(c) Testing must be conducted on ten layers of filter paper.
109.12 	(d) No more than 25 percent of the cigarettes tested in a test trial in accordance 
109.13 	with this section may exhibit full-length burns. Forty replicate tests comprise a complete 
109.14 	test trial for each cigarette tested.
109.15 	(e) The performance standard required by this subdivision must only be applied to a 
109.16 	complete test trial.
109.17 	(f) Written certifications must be based upon testing conducted by a laboratory that 
109.18 	has been accredited pursuant to standard ISO/IEC 17025 of the International Organization 
109.19 	for Standardization (ISO), or other comparable accreditation standard required by the 
109.20 	state fire marshal.
109.21 	(g) Laboratories conducting testing in accordance with this section shall implement a 
109.22 	quality control and quality assurance program that includes a procedure that will determine 
109.23 	the repeatability of the testing results. The repeatability value must be no greater than 0.19.
109.24 	(h) This subdivision does not require additional testing if cigarettes are tested 
109.25 	consistent with sections 299F.850 to 299F.858 for any other purpose.
109.26 	(i) Testing performed or sponsored by the state fire marshal to determine a cigarette's 
109.27 	compliance with the performance standard required must be conducted in accordance 
109.28 	with this section.
109.29 		Subd. 2.Permeability bands. Each cigarette listed in a certification submitted 
109.30 	pursuant to section 299F.852 that uses lowered permeability bands in the cigarette paper 
109.31 	to achieve compliance with the performance standard set forth in this section must have 
109.32 	at least two nominally identical bands on the paper surrounding the tobacco column. At 
109.33 	least one complete band must be located at least 15 millimeters from the lighting end of 
109.34 	the cigarette. For cigarettes on which the bands are positioned by design, there must 
109.35 	be at least two bands fully located at least 15 millimeters from the lighting end and ten 
110.1 	millimeters from the filter end of the tobacco column, or ten millimeters from the labeled 
110.2 	end of the tobacco column for nonfiltered cigarettes.
110.3 		Subd. 3.Equivalent test methods. A manufacturer of a cigarette that the state 
110.4 	fire marshal determines cannot be tested in accordance with the test method prescribed 
110.5 	in subdivision 1, paragraph (b), shall propose a test method and performance standard 
110.6 	for the cigarette to the state fire marshal. Upon approval of the proposed test method 
110.7 	and a determination by the state fire marshal that the performance standard proposed by 
110.8 	the manufacturer is equivalent to the performance standard prescribed in subdivision 1, 
110.9 	paragraph (d), the manufacturer may employ such test method and performance standard 
110.10 	to certify the cigarette pursuant to section 299F.852. If the state fire marshal determines 
110.11 	that another state has enacted reduced cigarette ignition propensity standards that include 
110.12 	a test method and performance standard that are the same as those contained in this 
110.13 	subdivision, and the state fire marshal finds that the officials responsible for implementing 
110.14 	those requirements have approved the proposed alternative test method and performance 
110.15 	standard for a particular cigarette proposed by a manufacturer as meeting the fire safety 
110.16 	standards of that state's law or regulation under a legal provision comparable to this 
110.17 	subdivision, then the state fire marshal shall authorize that manufacturer to employ the 
110.18 	alternative test method and performance standard to certify that cigarette for sale in this 
110.19 	state, unless the state fire marshal demonstrates a reasonable basis why the alternative 
110.20 	test should not be accepted under sections 299F.850 to 299F.858. All other applicable 
110.21 	requirements of this section apply to the manufacturer.
110.22 		Subd. 4.Civil penalty. Each manufacturer shall maintain copies of the reports of all 
110.23 	tests conducted on all cigarettes offered for sale for a period of three years, and shall make 
110.24 	copies of these reports available to the state fire marshal and the attorney general upon 
110.25 	written request. Any manufacturer who fails to make copies of these reports available 
110.26 	within 60 days of receiving a written request is subject to a civil penalty not to exceed 
110.27 	$10,000 for each day after the 60th day that the manufacturer does not make such copies 
110.28 	available.
110.29 		Subd. 5.Future ASTM Standards. The state fire marshal may adopt a subsequent 
110.30 	ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon 
110.31 	a finding that the subsequent method does not result in a change in the percentage of 
110.32 	full-length burns exhibited by any tested cigarette when compared to the percentage of 
110.33 	full-length burns the same cigarette would exhibit when tested in accordance with ASTM 
110.34 	Standard E2187-04 and the performance standard in subdivision 1, paragraph (d).
110.35 		Subd. 6.Report to legislature. The state fire marshal shall review the effectiveness 
110.36 	of this section and report findings every three years to the legislature and, if appropriate, 
111.1 	make recommendations for legislation to improve the effectiveness of this section. The 
111.2 	report and legislative recommendations must be submitted no later than January 2 of each 
111.3 	three-year period.
111.4 		Subd. 7.Inventory before state standards. The requirements of subdivision 1 do 
111.5 	not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes 
111.6 	on or after the effective date of this section if the wholesale or retail dealer can establish 
111.7 	that state tax stamps were affixed to the cigarettes before the effective date of this section, 
111.8 	and if the wholesale or retail dealer can establish that the inventory was purchased before 
111.9 	the effective date of this section in comparable quantity to the inventory purchased during 
111.10 	the same period of the previous year.
111.11 		Subd. 8.Implementation. This section must be implemented in accordance with 
111.12 	the implementation and substance of the New York "Fire Safety Standards for Cigarettes."

111.13 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
111.14 	following the date of its final enactment.

111.15 	Sec. 9. [299F.852] CERTIFICATION AND PRODUCT CHANGE.
111.16 		Subdivision 1.Attestation. Each manufacturer shall submit to the state fire marshal 
111.17 	a written certification attesting that:
111.18 	(1) each cigarette listed in the certification has been tested in accordance with 
111.19 	section 299F.851; and
111.20 	(2) each cigarette listed in the certification meets the performance standard set forth 
111.21 	in section 299F.851, subdivision 1, paragraph (d).
111.22 		Subd. 2.Description. Each cigarette listed in the certification must be described 
111.23 	with the following information:
111.24 	(1) brand, or trade name on the package;
111.25 	(2) style, such as light or ultra light;
111.26 	(3) length in millimeters;
111.27 	(4) circumference in millimeters;
111.28 	(5) flavor, such as menthol or chocolate, if applicable;
111.29 	(6) filter or nonfilter;
111.30 	(7) package description, such as soft pack or box;
111.31 	(8) marking approved in accordance with section 299F.853;
111.32 	(9) the name, address, and telephone number of the laboratory, if different than the 
111.33 	manufacturer that conducted the test; and
111.34 	(10) the date that the testing occurred.
112.1 		Subd. 3.Information availability. The certifications must be made available to the 
112.2 	attorney general for purposes consistent with this section and the commissioner of revenue 
112.3 	for the purposes of ensuring compliance with this subdivision.
112.4 		Subd. 4.Recertification. Each cigarette certified under this subdivision must be 
112.5 	recertified every three years.
112.6 		Subd. 5.Fee. For each cigarette listed in a certification, a manufacturer shall pay 
112.7 	to the state fire marshal a $250 fee, to be deposited into a dedicated account in the fire 
112.8 	marshal's budget.
112.9 		Subd. 6.Retesting. If a manufacturer has certified a cigarette pursuant to this 
112.10 	section, and thereafter makes any change to the cigarette that is likely to alter its 
112.11 	compliance with the reduced cigarette ignition propensity standards required by sections 
112.12 	299F.850 to 299F.858, that cigarette must not be sold or offered for sale in this state 
112.13 	until the manufacturer retests the cigarette in accordance with the testing standards set 
112.14 	forth in section 299F.851 and maintains records of that retesting as required by section 
112.15 	299F.851. Any altered cigarette that does not meet the performance standard set forth in 
112.16 	section 299F.851 may not be sold in this state.

112.17 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
112.18 	following the date of its final enactment.

112.19 	Sec. 10. [299F.853] MARKING AND CIGARETTE PACKAGING.
112.20 	(a) Cigarettes that are certified by a manufacturer in accordance with section 
112.21 	299F.852 must be marked to indicate compliance with the requirements of section 
112.22 	299F.851. The marking must be in eight-point type or larger and consist of:
112.23 	(1) modification of the product UPC code to include a visible mark printed at 
112.24 	or around the area of the UPC code, which may consist of alphanumeric or symbolic 
112.25 	characters permanently stamped, engraved, embossed, or printed in conjunction with 
112.26 	the UPC;
112.27 	(2) any visible combination of alphanumeric or symbolic characters permanently 
112.28 	stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
112.29 	(3) printed, stamped, engraved, or embossed text that indicates that the cigarettes 
112.30 	meet the standards of sections 299F.850 to 299F.858.
112.31 	(b) A manufacturer shall use only one marking and shall apply this marking 
112.32 	uniformly for all brands marketed by that manufacturer and all packages, including but 
112.33 	not limited to packs, cartons, and cases.
112.34 	(c) The state fire marshal must be notified as to the marking that is selected.
113.1 	(d) Prior to the certification of any cigarette, a manufacturer shall present its 
113.2 	proposed marking to the state fire marshal for approval. Upon receipt of the request, 
113.3 	the state fire marshal shall approve or disapprove the marking offered, except that the 
113.4 	state fire marshal shall approve any marking in use and approved for sale in New York 
113.5 	pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings 
113.6 	are deemed approved if the state fire marshal fails to act within ten business days of 
113.7 	receiving a request for approval.
113.8 	(e) No manufacturer shall modify its approved marking unless the modification has 
113.9 	been approved by the state fire marshal in accordance with this section.
113.10 	(f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall 
113.11 	provide a copy of the certifications to all wholesale dealers and agents to which they sell 
113.12 	cigarettes, and shall also provide sufficient copies of an illustration of the package marking 
113.13 	utilized by the manufacturer pursuant to this section for each retail dealer to which the 
113.14 	wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a 
113.15 	copy of these package markings received from manufacturers to all retail dealers to whom 
113.16 	they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire 
113.17 	marshal, the commissioner of revenue, the attorney general, and their employees to inspect 
113.18 	markings of cigarette packaging marked in accordance with this section.

113.19 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
113.20 	following the date of its final enactment.

113.21 	Sec. 11. [299F.854] PENALTIES AND REMEDIES.
113.22 		Subdivision 1.Wholesale. (a) A manufacturer, wholesale dealer, agent, or any other 
113.23 	person or entity who knowingly sells or offers to sell cigarettes, other than through retail 
113.24 	sale, in violation of section 299F.851 is liable to a civil penalty:
113.25 	(1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
113.26 	(2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
113.27 	(b) However, the penalty against any such person or entity for a violation under 
113.28 	paragraph (a) must not exceed $100,000 during any 30-day period.
113.29 		Subd. 2.Retail. (a) A retail dealer who knowingly sells cigarettes in violation of 
113.30 	section 299F.851 is liable to a civil penalty:
113.31 	(1) for a first offense, not to exceed $500, and for a subsequent offense, not to exceed 
113.32 	$2,000, per each sale or offer for sale of such cigarettes, if the total number sold or offered 
113.33 	for sale does not exceed 1,000 cigarettes; or
114.1 	(2) for a first offense, not to exceed $1,000, and for a subsequent offense, not to 
114.2 	exceed $5,000, per each sale or offer for sale of such cigarettes, if the total number sold or 
114.3 	offered for sale exceeds 1,000 cigarettes.
114.4 	(b) However, the penalty against any retail dealer must not exceed $25,000 during 
114.5 	any 30-day period.
114.6 		Subd. 3.False certification. In addition to any penalty prescribed by law, any 
114.7 	corporation, partnership, sole proprietor, limited partnership, or association engaged in 
114.8 	the manufacture of cigarettes that knowingly makes a false certification pursuant to 
114.9 	subdivision 3 is, for a first offense, liable to a civil penalty of at least $75,000, and for a 
114.10 	subsequent offense a civil penalty not to exceed $250,000 for each false certification.
114.11 		Subd. 4.Violation of other provision. Any person violating any other provision 
114.12 	in sections 299F.850 to 299F.858 is liable to a civil penalty for a first offense not to 
114.13 	exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for 
114.14 	each violation.
114.15 		Subd. 5.Forfeiture. Cigarettes that have been sold or offered for sale that do 
114.16 	not comply with the performance standard required by section 299F.851 are subject to 
114.17 	forfeiture under section 297F.21 and, upon judgment of forfeiture, must be destroyed; 
114.18 	provided, however, that before destroying any cigarettes seized in accordance with section 
114.19 	297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the 
114.20 	cigarette brand must be permitted to inspect the cigarette.
114.21 		Subd. 6.Remedies. In addition to any other remedy provided by law, the state fire 
114.22 	marshal or attorney general may institute a civil action in district court for a violation of 
114.23 	this section, including petitioning for injunctive relief or to recover any costs or damages 
114.24 	suffered by the state because of a violation under this section, including enforcement costs 
114.25 	relating to the specific violation and attorney fees. Each violation of sections 299F.850 to 
114.26 	299F.858 or of rules adopted under sections 299F.850 to 299F.858 constitutes a separate 
114.27 	civil violation for which the state fire marshal or attorney general may obtain relief.

114.28 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
114.29 	following the date of its final enactment.

114.30 	Sec. 12. [299F.855] IMPLEMENTATION.
114.31 		Subdivision 1.Rules. The commissioner of public safety, in consultation with the 
114.32 	state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the 
114.33 	purposes of sections 299F.850 to 299F.858.
114.34 		Subd. 2.Commissioner of revenue. The commissioner of revenue in the regular 
114.35 	course of conducting inspections of wholesale dealers, agents, and retail dealers, as 
115.1 	authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are 
115.2 	marked as required by section 299F.853. If the cigarettes are not marked as required, the 
115.3 	commissioner of revenue shall notify the state fire marshal.

115.4 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
115.5 	following the date of its final enactment.

115.6 	Sec. 13. [299F.856] INSPECTION.
115.7 	To enforce sections 299F.850 to 299F.858, the attorney general and the state fire 
115.8 	marshal may examine the books, papers, invoices, and other records of any person in 
115.9 	possession, control, or occupancy of any premises where cigarettes are placed, stored, 
115.10 	sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in 
115.11 	the possession, control, or occupancy of any premises where cigarettes are placed, sold, 
115.12 	or offered for sale is hereby directed and required to give the attorney general and the 
115.13 	state fire marshal the means, facilities, and opportunity for the examinations authorized 
115.14 	by this section.

115.15 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
115.16 	following the date of its final enactment.

115.17 	Sec. 14. [299F.858] SALE OUTSIDE OF MINNESOTA.
115.18 	Sections 299F.850 to 299F.858 do not prohibit any person or entity from 
115.19 	manufacturing or selling cigarettes that do not meet the requirements of section 299F.851 
115.20 	if the cigarettes are or will be stamped for sale in another state or are packaged for sale 
115.21 	outside the United States and that person or entity has taken reasonable steps to ensure 
115.22 	that such cigarettes will not be sold or offered for sale to persons located in Minnesota.

115.23 	EFFECTIVE DATE. This section is effective the first day of the 19th month 
115.24 	following the date of its final enactment.

115.25 	Sec. 15. Minnesota Statutes 2006, section 325E.21, is amended to read:
115.26 	325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS 
115.27 	AND, REPORTS, AND REGISTRATION.
115.28 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in 
115.29 	this subdivision have the meanings given.
115.30 	(b) "Person" means an individual, partnership, limited partnership, limited liability 
115.31 	company, corporation, or other entity.
116.1 	(c) "Scrap metal" means:
116.2 	(1) wire and cable commonly and customarily used by communication and electric 
116.3 	utilities; and
116.4 	(2) copper, aluminum, or any other metal purchased primarily for its reuse or 
116.5 	recycling value as raw metal, including metal that is combined with other materials 
116.6 	at the time of purchase.
116.7 	(d) "Scrap metal dealer" or "dealer" means a person engaged in the business of 
116.8 	buying and selling scrap metal, but does not include a person engaged exclusively in the 
116.9 	business of buying or selling new or used motor vehicles or motor vehicle parts, paper or 
116.10 	wood products, rags or furniture, or secondhand machinery.
116.11 	(e) "Municipality" means any town, home rule charter or statutory city, or county 
116.12 	that has one or more scrap metal dealers within its jurisdiction.
116.13 	(f) "Law enforcement agency" means a duly authorized municipal, county, state, or 
116.14 	federal law enforcement agency.
116.15 		Subdivision 1. Subd. 1a.Purchase or acquisition record required. (a) Every 
116.16 	person, firm or corporation scrap metal dealer, including an agent, employee, or 
116.17 	representative thereof of the dealer, engaging in the business of buying and selling wire 
116.18 	and cable commonly and customarily used by communication and electric utilities shall 
116.19 	keep a written record, in the English language, legibly written in ink or typewriting, at the 
116.20 	time of each purchase or acquisition, of scrap metal. The record must include:
116.21 	(1) an accurate account or description, including the weight if customarily purchased 
116.22 	by weight, of such wire and cable commonly and customarily used by communication and 
116.23 	electric utilities the scrap metal purchased or acquired,;
116.24 	(2) the date, time, and place of the receipt of the same,;
116.25 	(3) the name and address of the person selling or delivering the same and;
116.26 	(4) the number of the check used to purchase the scrap metal;
116.27 	(5) the number of the person's driver's license of such person, Minnesota 
116.28 	identification card number, or other identification document number of an identification 
116.29 	document issued for identification purposes by any state, federal, or foreign government if 
116.30 	the document includes the applicant's photograph, full name, birth date, and signature; and
116.31 	(6) the license plate number and description of the vehicle used by the person when 
116.32 	delivering the scrap metal, and any identifying marks on the vehicle, such as a business 
116.33 	name, decals, or markings, if applicable. 
116.34 	Such (b) The record, as well as such wire and cable commonly and customarily used 
116.35 	by communication and electric utilities the scrap metal purchased or received, shall at all 
116.36 	reasonable times be open to the inspection of any sheriff or deputy sheriff of the county, 
117.1 	or of any police officer in any incorporated city or statutory city, in which such business 
117.2 	may be carried on law enforcement agency. 
117.3 	Such (c) The person shall not be required to furnish or keep such record of any 
117.4 	property purchased from merchants, manufacturers or wholesale dealers, having an 
117.5 	established place of business, or of any goods purchased at open sale from any bankrupt 
117.6 	stock, but a bill of sale or other evidence of open or legitimate purchase of such the
117.7 	property shall be obtained and kept by such the person which must be shown upon demand 
117.8 	to the sheriff or deputy sheriff of the county, or to any police officer in any incorporated 
117.9 	city or statutory city, in which such business may be carried on. The provisions of 
117.10 	this subdivision and of subdivision 2 shall not apply to or include any person, firm or 
117.11 	corporation engaged exclusively in the business of buying or selling motor vehicles, 
117.12 	new or used, paper or wood products, rags or furniture, secondhand machinery any law 
117.13 	enforcement agency.
117.14 	(d) Except as otherwise provided in this section, a scrap metal dealer may not 
117.15 	disclose personal information concerning a customer without the customer's consent 
117.16 	unless the disclosure is made in response to a request from a law enforcement agency. 
117.17 	For purposes of this paragraph, "personal information" is any individually identifiable 
117.18 	information gathered in connection with a record under paragraph (a). Data collected by 
117.19 	a law enforcement agency under this paragraph are private data on individuals to the 
117.20 	extent that it would reveal the identity of persons who are customers of a scrap metal 
117.21 	dealer, and public data to the extent that it describes property in a regulated transaction 
117.22 	with a scrap metal dealer.
117.23 		Subd. 2.Sheriff's copy of record required. It shall be the duty of every such 
117.24 	person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or 
117.25 	mail to the office of the sheriff of the county in which business is conducted, not later than 
117.26 	the second business day of each week, a legible and correct copy of the record required 
117.27 	in subdivision 1 of the entries during the preceding week. In the event such person, firm 
117.28 	or corporation has not made any purchases or acquisitions required to be recorded under 
117.29 	subdivision 1 hereof during the preceding week no report need be submitted to the sheriff 
117.30 	under this subdivision.
117.31 		Subd. 3.Retention required. Records required to be maintained by subdivision 
117.32 	1 hereof 1a shall be retained by the person making them for a period of three years.
117.33 		Subd. 3.Payment by check required. A scrap metal dealer shall pay for all 
117.34 	scrap metal purchases only by check for purchases greater than $100. For purposes of 
117.35 	this section, "check" means a check, draft, or other negotiable or nonnegotiable order of 
117.36 	withdrawal which is drawn against funds held by a financial institution.
118.1 		Subd. 4.Video security cameras required. (a) The scrap metal dealer shall install 
118.2 	and maintain at each licensed location video surveillance cameras, still digital cameras, 
118.3 	or similar devices positioned to record or photograph a frontal view showing the face of 
118.4 	each seller or prospective seller of scrap metal who enters the licensed location. The scrap 
118.5 	metal dealer shall also photograph the seller's or prospective seller's vehicle, including 
118.6 	license plate, either by video camera or still digital camera, so that an accurate and 
118.7 	complete description of it may be obtained from the recordings made by the cameras. The 
118.8 	video camera or still digital camera must be kept in operating condition. The camera must 
118.9 	record and display the accurate date and time. The video camera must be turned on at 
118.10 	all times when the licensed location is open for business and at any other time when 
118.11 	scrap metal is purchased.
118.12 	(b) If the scrap metal dealer does not purchase some or any scrap metal at a specific 
118.13 	business location, the dealer need not comply with this subdivision with respect to those 
118.14 	purchases.
118.15 		Subd. 5.Registration required. Every scrap metal dealer must register with, pay 
118.16 	an annual fee of $50 to, and actively participate in, the Minnesota Crime Alert Network 
118.17 	under the Minnesota Bureau of Criminal Apprehension. The scrap metal dealer also must 
118.18 	implement aggressive management practices to minimize the purchase of stolen materials. 
118.19 	Scrap processors should develop a training program for scale operators and receiving 
118.20 	personnel on how to identify suspicious materials.
118.21 		Subd. 6.Criminal penalty. A scrap metal dealer, or the agent, employee, or 
118.22 	representative of the dealer, who intentionally violates a provision of this section is guilty 
118.23 	of a misdemeanor.
118.24 		Subd. 7.Exemption. A scrap metal dealer may purchase aluminum cans without 
118.25 	complying with subdivisions 1a to 5.
118.26 		Subd. 8.Property held by law enforcement. (a) Whenever a law enforcement 
118.27 	official from any agency has reason to believe that property in the possession of a dealer 
118.28 	is stolen or is evidence of a crime and notifies a dealer not to sell an item, the item 
118.29 	must not be sold or removed from the premises. The investigative hold must be made 
118.30 	within 72 hours and remains in effect for not more than 90 days from the date of initial 
118.31 	notification, or until the investigative order is canceled, or until an order to confiscate 
118.32 	is issued, whichever comes first.
118.33 	(b) If an item is identified as stolen or evidence in a criminal case, the law 
118.34 	enforcement official may:
118.35 	(1) physically confiscate and remove it from the dealer, pursuant to a written order 
118.36 	from the law enforcement official; or
119.1 	(2) place the item on hold or extend the hold as provided in this section and leave 
119.2 	it in the shop.
119.3 	(c) When an item is confiscated, the person doing so shall provide identification 
119.4 	upon request of the dealer, and shall provide the dealer the name and telephone number of 
119.5 	the confiscating agency and investigator, and the case number related to the confiscation.
119.6 	(d) A dealer may request confiscated property be returned in accordance with 
119.7 	section 626.04.
119.8 	(e) When an order to hold or confiscate is no longer necessary, the law enforcement 
119.9 	official shall so notify the dealer.

119.10 	EFFECTIVE DATE. This section is effective August 1, 2007.

119.11 	Sec. 16. Minnesota Statutes 2006, section 609.135, is amended by adding a subdivision 
119.12 	to read:
119.13 		Subd. 9.Random searches. (a) This subdivision applies to offenders who are 
119.14 	convicted of a violent crime, as defined in section 609.1095, involving the sale, use, or 
119.15 	possession of a controlled substance or a dangerous weapon.
119.16 	(b) When an offender is placed on probation, the offender, as a condition of being 
119.17 	released on probation, consents to a search of the offender's person and any motor vehicle 
119.18 	driven by the offender. The search may be conducted on demand by any probation 
119.19 	officer or peace officer.

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

119.21 	Sec. 17. Minnesota Statutes 2006, section 641.05, is amended to read:
119.22 	641.05 RECORD OF INMATES; RETURN TO COURT.
119.23 	(a) Every sheriff shall, at the expense of the county, maintain a permanent record of 
119.24 	all persons committed to any jail under the sheriff's charge. It shall contain the name of 
119.25 	every person committed, by what authority, residence, date of commitment, and, if for a 
119.26 	criminal offense, a description of the person, when and by what authority liberated, and, 
119.27 	in case of escape, the time and manner thereof. At the opening of each term of district 
119.28 	court the sheriff shall make a certified transcript therefrom to such court, showing all 
119.29 	cases therein not previously disposed of.
119.30 	(b) Upon intake into the jail facility, the name of the committed person shall be 
119.31 	checked against the Bureau of Criminal Apprehension predatory offender registration 
119.32 	database to determine whether the person is a registered offender. In the event that the 
119.33 	person is registered, the sheriff or designee shall notify the bureau of the person's admission 
120.1 	into the jail facility. At the time of discharge from the facility, the sheriff or designee will 
120.2 	provide the person with a change of information form for the purposes of reporting the 
120.3 	address where the person will be living upon release from the facility. Every sheriff who 
120.4 	intentionally neglects or refuses to so report shall be guilty of a gross misdemeanor.

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

120.6 	Sec. 18. REPEAL BY PREEMPTION.
 120.7 	Minnesota Statutes, sections 299F.850 to 299F.858, are repealed if a federal reduced 
120.8 	cigarette ignition propensity standard that preempts this act is adopted and becomes 
120.9 	effective.

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

120.11 	ARTICLE 9
120.12 	EMERGENCY COMMUNICATIONS

120.13 	Section 1. Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
120.14 		Subd. 4.Use of furnished information. (a) Names, addresses, and telephone 
120.15 	numbers provided to a 911 system under subdivision 3 are private data and may be used 
120.16 	only foridentifying: (1) to identify the location or identity, or both, of a person calling 
120.17 	a 911 public safety answering point; or (2) by a public safety answering point to notify 
120.18 	the public of an emergency. The information furnished under subdivision 3 may not be 
120.19 	used or disclosed by 911 system agencies, their agents, or their employees for any other 
120.20 	purpose except under a court order.
120.21 	(b) For purposes of paragraph (a), the term "emergency" means a situation in which 
120.22 	property or human life is in jeopardy and the prompt notification of the public by the 
120.23 	public safety answering point is essential.
120.24 	(c) A telecommunications service provider that participates or cooperates with the 
120.25 	public safety answering point in the notification of the public is exempt from liability 
120.26 	pursuant to section 403.07, subdivision 5.

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

120.28 	Sec. 2. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
120.29 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each 
120.30 	customer of a wireless or wire-line switched or packet-based telecommunications service 
120.31 	provider connected to the public switched telephone network that furnishes service capable 
121.1 	of originating a 911 emergency telephone call is assessed a fee based upon the number 
121.2 	of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
121.3 	maintenance and related improvements for trunking and central office switching equipment 
121.4 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
121.5 	of the commissioner related to managing the 911 emergency telecommunications service 
121.6 	program, to make distributions provided for in section 403.113, and to offset the costs, 
121.7 	including administrative and staffing costs, incurred by the State Patrol Division of the 
121.8 	Department of Public Safety in handling 911 emergency calls made from wireless phones.
121.9 	(b) Money remaining in the 911 emergency telecommunications service account 
121.10 	after all other obligations are paid must not cancel and is carried forward to subsequent 
121.11 	years and may be appropriated from time to time to the commissioner to provide financial 
121.12 	assistance to counties for the improvement of local emergency telecommunications 
121.13 	services. The improvements may include providing access to 911 service for 
121.14 	telecommunications service subscribers currently without access and upgrading existing 
121.15 	911 service to include automatic number identification, local location identification, 
121.16 	automatic location identification, and other improvements specified in revised county 
121.17 	911 plans approved by the commissioner.
121.18 	(c) The fee may not be less than eight cents nor more than 65 cents a month until 
121.19 	June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 
121.20 	2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and 
121.21 	not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for 
121.22 	each customer access line or other basic access service, including trunk equivalents as 
121.23 	designated by the Public Utilities Commission for access charge purposes and including 
121.24 	wireless telecommunications services. With the approval of the commissioner of finance, 
121.25 	the commissioner of public safety shall establish the amount of the fee within the limits 
121.26 	specified and inform the companies and carriers of the amount to be collected. When the 
121.27 	revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
121.28 	defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
121.29 	no longer needed. The commissioner shall provide companies and carriers a minimum of 
121.30 	45 days' notice of each fee change. The fee must be the same for all customers.
121.31 	(d) The fee must be collected by each wireless or wire-line telecommunications 
121.32 	service provider subject to the fee. Fees are payable to and must be submitted to the 
121.33 	commissioner monthly before the 25th of each month following the month of collection, 
121.34 	except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
121.35 	less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
122.1 	to a 911 emergency telecommunications service account in the special revenue fund. The 
122.2 	money in the account may only be used for 911 telecommunications services.
122.3 	(e) This subdivision does not apply to customers of interexchange carriers.
122.4 	(f) The installation and recurring charges for integrating wireless 911 calls into 
122.5 	enhanced 911 systems are eligible for payment by the commissioner if the 911 service 
122.6 	provider is included in the statewide design plan and the charges are made pursuant to 
122.7 	contract.
122.8 	(g) Competitive local exchanges carriers holding certificates of authority from the 
122.9 	Public Utilities Commission are eligible to receive payment for recurring 911 services.

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

122.11 	Sec. 3. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to 
122.12 	read:
122.13 		Subd. 1a.Fee collection declaration. If the commissioner disputes the 
122.14 	accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or 
122.15 	packet-based telecommunications service provider, the wireless, wire-line, or packet-based 
122.16 	telecommunications service provider shall submit a sworn declaration signed by an officer 
122.17 	of the company certifying, under penalty of perjury, that the information provided with 
122.18 	the fee submission is true and correct. The sworn declaration must specifically describe 
122.19 	and affirm that the 911 fee computation is complete and accurate. When a wireless, 
122.20 	wire-line, or packet-based telecommunications service provider fails to provide a sworn 
122.21 	declaration within 90 days of notice by the commissioner that the fee submission is 
122.22 	disputed, the commissioner may estimate the amount due from the wireless, wire-line, or 
122.23 	packet-based telecommunications service provider and refer that amount for collection 
122.24 	under section 16D.04.

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

122.26 	Sec. 4. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to 
122.27 	read:
122.28 		Subd. 1b.Fee audit. If the commissioner determines that an audit is necessary 
122.29 	to document the fee submission and sworn declaration in subdivision 1a, the wireless, 
122.30 	wire-line, or packet-based telecommunications service provider must contract with an 
122.31 	independent certified public accountant to conduct an audit. The audit must be conducted 
122.32 	in accordance with generally accepted auditing standards.

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

123.1 	Sec. 5. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
123.2 		Subdivision 1.Allocation of operating costs. The current costs of the board 
123.3 	in implementing the regionwide public safety radio communication plan system and 
123.4 	the first and second phase systems shall be allocated among and paid by the following 
123.5 	users, all in accordance with the regionwide public safety radio system communication 
123.6 	plan adopted by the board:
123.7 	(1) the state of Minnesota for its operations using the system in the metropolitan 
123.8 	counties;
123.9 	(2) all local government units using the system; and
123.10 	(3) other eligible users of the system. (a) The ongoing costs of the commissioner 
123.11 	not otherwise appropriated in operating the statewide public safety radio communication 
123.12 	system shall be allocated among and paid by the following users, all in accordance with 
123.13 	the statewide public safety radio communication system plan under section 403.36:
123.14 	(1) the state of Minnesota for its operations using the system;
123.15 	(2) all local government units using the system; and
123.16 	(3) other eligible users of the system.
123.17 	(b) Each local government and other eligible users of the system shall pay to 
123.18 	the commissioner all sums charged under this section, at the times and in the manner 
123.19 	determined by the commissioner. The governing body of each local government shall 
123.20 	take all action necessary to provide the money required for these payments and to make 
123.21 	the payments when due.

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

123.23 	Sec. 6.  REPEALER.
 123.24 	Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.

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