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 
1.6 	or establishing various provisions relating to public safety; providing for 
1.7 	residency documentation; regulating corrections, the courts, and emergency 
1.8 	communications; regulating scrap metal dealers; modifying certain law 
1.9 	enforcement, insurance, human services, and public defense provisions; 
1.10 	providing immunity from certain civil liability; establishing reduced ignition 
1.11 	propensity standards for cigarettes; providing conditional repeals of certain 
1.12 	laws; providing penalties;amending Minnesota Statutes 2006, sections 2.722, 
1.13 	subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1; 13.87, subdivision 1; 
1.14 	15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2; 16C.23, subdivision 2; 
1.15 	168.012, subdivision 1; 169.13, by adding a subdivision; 169.471, subdivision 2; 
1.16 	169A.275, by adding a subdivision; 169A.51, subdivision 7; 171.09, subdivision 
1.17 	1; 171.12, by adding a subdivision; 171.55; 241.016, subdivision 1; 241.018; 
1.18 	241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, subdivisions 3, 4; 243.167, 
1.19 	subdivision 1; 243.55, subdivision 1; 244.05, by adding a subdivision; 245.041; 
1.20 	253B.09, subdivision 3a; 260B.007, by adding a subdivision; 260B.125, 
1.21 	subdivision 1; 260B.130, subdivision 1; 260B.141, subdivision 4; 260B.198, 
1.22 	subdivision 6; 260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641, 
1.23 	subdivision 2; 299C.65, subdivisions 2, 5; 302A.781, by adding a subdivision; 
1.24 	325E.21; 352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 
1.25 	6, 7; 401.15, subdivision 1; 403.07, subdivision 4; 403.11, subdivision 1, by 
1.26 	adding subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83; 
1.27 	504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 
1.28 	518B.01, subdivisions 6a, 22; 548.091, subdivision 1a; 549.09, subdivision 
1.29 	1; 563.01, by adding a subdivision; 590.05; 595.02, subdivision 1; 609.02, 
1.30 	subdivision 16; 609.055; 609.135, subdivision 8, by adding a subdivision; 
1.31 	609.15, subdivision 1; 609.21, subdivisions 1, 4a, 5, by adding subdivisions; 
1.32 	609.221, subdivision 2; 609.2232; 609.341, subdivision 11; 609.344, subdivision 
1.33 	1; 609.345, subdivision 1; 609.3451, subdivision 3; 609.3455, subdivision 4, 
1.34 	by adding a subdivision; 609.352; 609.505, subdivision 2; 609.581, by adding 
1.35 	subdivisions; 609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748, 
1.36 	subdivisions 1, 5; 609.75, subdivision 8, by adding subdivisions; 611.14; 611.20, 
1.37 	subdivision 6; 611.215, subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision 
1.38 	1; 611.26, subdivisions 2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036, 
1.39 	subdivisions 2, 7; 611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision; 
2.1 	626.5572, subdivision 21; 634.15, subdivisions 1, 2; 641.05; 641.15, by adding a 
2.2 	subdivision; 641.265, subdivision 2; Laws 2001, First Special Session chapter 8, 
2.3 	article 4, section 4; Laws 2003, First Special Session chapter 2, article 1, section 
2.4 	2; proposing coding for new law in Minnesota Statutes, chapters 72A; 171; 
2.5 	241; 299A; 299F; 357; 484; 504B; 540; 604; 609; 611A; repealing Minnesota 
2.6 	Statutes 2006, sections 169.796, subdivision 3; 241.021, subdivision 5; 241.85, 
2.7 	subdivision 2; 260B.173; 403.31, subdivision 6; 480.175, subdivision 3; 609.21, 
2.8 	subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; Laws 2005, First 
2.9 	Special Session chapter 6, article 3, section 91.
2.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.11 	ARTICLE 1
2.12 	APPROPRIATIONS

2.13	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
2.14 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.15 	in this act.

2.16			2008
		2009
		Total
	
2.17	General
	$
	926,123,000
	$
	963,963,000
	$
	1,890,086,000
	
2.18
2.19	State Government Special 
Revenue
		55,688,000
		50,392,000
		106,080,000
	
2.20	Environmental Fund
		69,000
		71,000
		140,000
	
2.21	Special Revenue Fund
		11,968,000
		15,007,000
		26,975,000
	
2.22	Trunk Highway
		367,000
		374,000
		741,000
	
2.23	Total
	$
	994,215,000
	$
	1,029,807,000
	$
	2,024,022,000

2.24	Sec. 2. PUBLIC SAFETY APPROPRIATIONS.

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

2.34				APPROPRIATIONS
	
2.35				Available for the Year
	
2.36				Ending June 30
	
2.37					2008
		2009

2.38	Sec. 3. SUPREME COURT

3.1	Subdivision 1.Total Appropriation
 	$
	44,112,000
	$
	45,443,000
	
3.2 	The amounts that may be spent for each 
3.3 	purpose are specified in the following 
3.4 	subdivisions.

3.5	Subd. 2.Judicial Salaries
 					
3.6 	Effective July 1, 2007, and July 1, 2008, 
3.7 	the salaries of judges of the Supreme Court, 
3.8 	Court of Appeals, and district court are 
3.9 	increased by two percent.

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

3.15	Subd. 4.Civil Legal Services
 		12,820,000
		12,820,000
	
3.16 	Legal services to low-income clients in 
3.17 	family law matters. Of this appropriation, 
3.18 	$877,000 each year is to improve the 
3.19 	access of low-income clients to legal 
3.20 	representation in family law matters. This 
3.21 	appropriation must be distributed under 
3.22 	Minnesota Statutes, section 480.242, to 
3.23 	the qualified legal services programs 
3.24 	described in Minnesota Statutes, section 
3.25 	480.242, subdivision 2, paragraph (a). Any 
3.26 	unencumbered balance remaining in the first 
3.27 	year does not cancel and is available in the 
3.28 	second year.

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

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

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

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

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

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

5.10	Sec. 10. PUBLIC SAFETY

5.11	Subdivision 1.Total Appropriation
 	$
	154,029,000
	$
	154,693,000

5.12	Appropriations by Fund
	
5.13		2008
	2009
	
5.14	General
	91,114,000
	93,999,000
	
5.15	Special Revenue
	6,791,000
	9,857,000
	
5.16
5.17	State Government 
Special Revenue
	55,688,000
	50,392,000
	
5.18	Environmental
	69,000
	71,000
	
5.19	Trunk Highway
	367,000
	374,000
	
5.20 	The amounts that may be spent for each 
5.21 	purpose are specified in the following 
5.22 	subdivisions.

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

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

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

6.28	Appropriations by Fund
	
6.29	General
	44,555,000
	46,179,000
	
6.30	Special Revenue
	445,000
	461,000
	
6.31
6.32	State Government 
Special Revenue
	7,000
	7,000
	
6.33	Trunk Highway
	367,000
	374,000
	
6.34 	Cooperative investigation of 
6.35 	cross-jurisdictional criminal activity.
6.36 	$93,000 each year is appropriated from the 
7.1 	Bureau of Criminal Apprehension account in 
7.2 	the special revenue fund for grants to local 
7.3 	officials for the cooperative investigation of 
7.4 	cross-jurisdictional criminal activity. Any 
7.5 	unencumbered balance remaining in the first 
7.6 	year does not cancel but is available for the 
7.7 	second year.
7.8 	Laboratory activities. $352,000 the first 
7.9 	year and $368,000 the second year are 
7.10 	appropriated from the Bureau of Criminal 
7.11 	Apprehension account in the special revenue 
7.12 	fund for laboratory activities.
7.13 	DWI lab analysis. Notwithstanding 
7.14 	Minnesota Statutes, section 161.20, 
7.15 	subdivision 3, $367,000 the first year and 
7.16 	$374,000 the second year are appropriated 
7.17 	from the trunk highway fund for laboratory 
7.18 	analysis related to driving-while-impaired 
7.19 	cases.
7.20 	CriMNet justice information integration.
7.21 	$3,135,000 the first year and $3,460,000 the 
7.22 	second year are for statewide information 
7.23 	integration priorities. The base for this 
7.24 	appropriation in fiscal year 2010 shall be 
7.25 	$2,032,000.
7.26 	Policy group; report. The criminal and 
7.27 	juvenile justice information policy group 
7.28 	must study funding sources other than the 
7.29 	general fund for new CriMNet costs and 
7.30 	should present its ideas to the house and 
7.31 	senate committees having jurisdiction over 
7.32 	criminal justice issues by January 15, 2008.
7.33 	Forensic scientists. $1,018,000 the first 
7.34 	year and $1,769,000 the second year are for 
7.35 	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
 		42,054,000
		43,355,000
	
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. $988,000 the first year and 
10.35 	$967,000 the second year are to hire new 
11.1 	peace officers and for peace officer overtime 
11.2 	pay under Minnesota Statutes, section 
11.3 	299A.62, subdivision 1, paragraph (b), 
11.4 	clauses (1) and (2). The commissioner shall 
11.5 	award the grants based on the procedures 
11.6 	set forth under section 299A.62. Of this 
11.7 	amount, at least $238,000 the first year and 
11.8 	$217,000 the second year must be awarded 
11.9 	to two cities in Hennepin County that are not 
11.10 	cities of the first class and have the highest 
11.11 	part 1 and part 2 crime rates per 100,000 
11.12 	inhabitants in the county as calculated by 
11.13 	the latest Bureau of Criminal Apprehension 
11.14 	report. This is a onetime appropriation.
11.15 	Auto theft emergency grant. $75,000 
11.16 	each year is appropriated from the general 
11.17 	fund to the commissioner of public safety 
11.18 	to fund grants awarded under Minnesota 
11.19 	Statutes, section 611A.675, subdivision 1, 
11.20 	clause (6). This amount shall be added to the 
11.21 	department's base budget.
11.22 	Youth intervention programs. $1,000,000 
11.23 	each year is for youth intervention programs 
11.24 	under Minnesota Statutes, section 299A.73. 
11.25 	The commissioner shall use this money to 
11.26 	make grants to help existing programs serve 
11.27 	unmet needs in their communities and to 
11.28 	fund new programs in underserved areas of 
11.29 	the state. This appropriation is added to the 
11.30 	base budget and is available until expended.
11.31 	Trafficking legal clinics. $150,000 each 
11.32 	year is appropriated from the general fund 
11.33 	to the commissioner of public safety to 
11.34 	distribute to the grantees described in 
12.1 	Minnesota Statutes, section 299A.786. This 
12.2 	is a onetime appropriation.
12.3 	Administration costs. Up to 2.5 percent 
12.4 	of the grant funds appropriated in this 
12.5 	subdivision may be used to administer the 
12.6 	grant program.

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

15.8	Subd. 8.ARMER Public Safety
 				186,000,000
	
15.9 	Radio and communication system. The 
15.10 	appropriations in this subdivision are from 
15.11 	the 911 revenue bond proceeds account 
15.12 	for the purposes indicated, to be available 
15.13 	until the project is completed or abandoned, 
15.14 	subject to Minnesota Statutes, section 
15.15 	16A.642.
15.16 	The appropriations are to the commissioner 
15.17 	of public safety for transfer to the 
15.18 	commissioner of transportation to construct 
15.19 	the system backbone of the public safety 
15.20 	radio and communication system plan under 
15.21 	Minnesota Statutes, section 403.36.
15.22 	$62,000,000 of this appropriation is for 
15.23 	the second year. $62,000,000 of this 
15.24 	appropriation is available on or after July 1, 
15.25 	2009. $62,000,000 of this appropriation is 
15.26 	available on or after July 1, 2010.
15.27 	The commissioner of public safety and the 
15.28 	commissioner of transportation shall certify 
15.29 	to the chairs of the house Public Safety 
15.30 	Finance Division of the Finance Committee 
15.31 	and the senate Public Safety Budget Division 
15.32 	of the Finance Committee that the detailed 
15.33 	design has been completed and that the 
15.34 	financial analysis finds that sufficient revenue 
15.35 	will be generated by proposed changes in the 
16.1 	911 fee to cover all estimated debt service 
16.2 	on revenue bonds proposed to be issued to 
16.3 	complete the system before the appropriation 
16.4 	is made available. The commissioner of 
16.5 	finance shall not approve any fee increase 
16.6 	under Minnesota Statutes, section 403.11, 
16.7 	subdivision 1, paragraph (c), until this 
16.8 	certification is made.
16.9 	Bond sale authorization. To provide the 
16.10 	money appropriated in this subdivision, 
16.11 	the commissioner of finance shall sell and 
16.12 	issue bonds of the state in an amount up to 
16.13 	$186,000,000 in the manner, upon the terms, 
16.14 	and with the effect prescribed by Minnesota 
16.15 	Statutes, section 403.275.

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

17.21
17.22	Sec. 12. BOARD OF PRIVATE DETECTIVES 
AND PROTECTIVE AGENT SERVICES
 	$
	128,000
	$
	130,000

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

19.23	Sec. 14. DEPARTMENT OF CORRECTIONS

19.24	Subdivision 1.Total Appropriation
 	$
	462,529,000
	$
	483,263,000

19.25	Appropriations by Fund
	
19.26		2008
	2009
	
19.27	General
	461,639,000
	482,373,000
	
19.28	Special Revenue
	890,000
	890,000
	
19.29 	The amounts that may be spent for each 
19.30 	purpose are specified in the following 
19.31 	subdivisions.

19.32	Subd. 2.Correctional Institutions
 		323,523,000
		338,610,000

19.33	Appropriations by Fund
	
19.34	General
	322,943,000
	338,030,000
	
19.35	Special Revenue
	580,000
	580,000
	
20.1 	Contracts for beds at Rush City. If the 
20.2 	commissioner contracts with other states, 
20.3 	local units of government, or the federal 
20.4 	government to rent beds in the Rush City 
20.5 	Correctional Facility, the commissioner shall 
20.6 	charge a per diem under the contract, to the 
20.7 	extent possible, that is equal to or greater 
20.8 	than the per diem cost of housing Minnesota 
20.9 	inmates in the facility.
20.10 	Notwithstanding any law to the contrary, the 
20.11 	commissioner may use per diems collected 
20.12 	under contracts for beds at MCF-Rush City 
20.13 	to operate the state correctional system.
20.14 	Offender re-entry services. $400,000 
20.15 	each year is for increased funding for 
20.16 	expansion of offender re-entry services in the 
20.17 	institutions and staffing for the Department 
20.18 	of Corrections MCORP program.
20.19 	Health services. $900,000 the first year and 
20.20 	$1,300,000 the second year are for increases 
20.21 	in health services.

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

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

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

24.22	Appropriations by Fund
	
24.23	General
	17,314,000
	17,544,000
	
24.24	Special Revenue
	210,000
	210,000

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

25.12 	ARTICLE 2
25.13 	GENERAL CRIME

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

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

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

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

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

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

27.33 	Sec. 4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
28.1 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
28.2 	another person is guilty of criminal sexual conduct in the third degree if any of the 
28.3 	following circumstances exists:
28.4 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
28.5 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
28.6 	act by the complainant shall be a defense;
28.7 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
28.8 	than 24 months older than the complainant. In any such case if the actor is no more 
28.9 	than 120 months older than the complainant, it shall be an affirmative defense, which 
28.10 	must be proved by a preponderance of the evidence, that the actor reasonably believes 
28.11 	the complainant to be 16 years of age or older. In all other cases, mistake as to the 
28.12 	complainant's age shall not be a defense. If the actor in such a case is no more than 48 
28.13 	months but more than 24 months older than the complainant, the actor may be sentenced 
28.14 	to imprisonment for not more than five years. Consent by the complainant is not a defense;
28.15 	(c) the actor uses force or coercion to accomplish the penetration;
28.16 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
28.17 	mentally incapacitated, or physically helpless;
28.18 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
28.19 	more than 48 months older than the complainant and in a position of authority over the 
28.20 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
28.21 	complainant is a defense;
28.22 	(f) the actor has a significant relationship to the complainant and the complainant 
28.23 	was at least 16 but under 18 years of age at the time of the sexual penetration. Neither 
28.24 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
28.25 	(g) the actor has a significant relationship to the complainant, the complainant was at 
28.26 	least 16 but under 18 years of age at the time of the sexual penetration, and:
28.27 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
28.28 	(ii) the complainant suffered personal injury; or
28.29 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
28.30 	time.
28.31 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
28.32 	is a defense;
28.33 	(h) the actor is a psychotherapist and the complainant is a patient of the 
28.34 	psychotherapist and the sexual penetration occurred:
28.35 	(i) during the psychotherapy session; or
29.1 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
29.2 	relationship exists.
29.3 	Consent by the complainant is not a defense;
29.4 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
29.5 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
29.6 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
29.7 	and the sexual penetration occurred by means of therapeutic deception. Consent by the 
29.8 	complainant is not a defense;
29.9 	(k) the actor accomplishes the sexual penetration by means of deception or false 
29.10 	representation that the penetration is for a bona fide medical purpose. Consent by the 
29.11 	complainant is not a defense;
29.12 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
29.13 	married to the actor, and:
29.14 	(i) the sexual penetration occurred during the course of a meeting in which the 
29.15 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
29.16 	actor in private; or
29.17 	(ii) the sexual penetration occurred during a period of time in which the complainant 
29.18 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
29.19 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
29.20 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
29.21 	city, or privately operated adult or juvenile correctional system, including, but not limited 
29.22 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
29.23 	a resident of a facility or under supervision of the correctional system. Consent by the 
29.24 	complainant is not a defense; or
29.25 	(n) the actor provides or is an agent of an entity that provides special transportation 
29.26 	service, the complainant used the special transportation service, and the sexual penetration 
29.27 	occurred during or immediately before or after the actor transported the complainant. 
29.28 	Consent by the complainant is not a defense.; or
29.29 	(o) the actor performs massage or other bodywork for hire, the complainant was a 
29.30 	user of one of those services, and nonconsensual sexual penetration occurred during or 
29.31 	immediately before or after the actor performed or was hired to perform one of those 
29.32 	services for the complainant.

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

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

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

31.34 	Sec. 6. Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to read:
32.1 		Subd. 3.Felony. A person is guilty of a felony and may be sentenced to 
32.2 	imprisonment for not more than five years or to payment of a fine of not more than $10,000, 
32.3 	or both, if the person violates subdivision 1, clause (2) this section, after having been 
32.4 	previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2)
32.5 	this section; sections 609.342 to 609.345; section 609.3453; section 617.23, subdivision 2, 
32.6 	clause (1); section 617.247; or a statute from another state in conformity with subdivision 
32.7 	1, clause (2), or section 617.23, subdivision 2, clause (1) with one of these statutes. 

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

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

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

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

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

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

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

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

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

35.7 	Sec. 11. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
35.8 	to read:
35.9 		Subd. 5.Government building. "Government building" means a building that 
35.10 	is owned,  leased, controlled, or operated by a governmental entity for a governmental 
35.11 	purpose.

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

35.14 	Sec. 12. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
35.15 	to read:
35.16 		Subd. 6.Religious establishment. "Religious establishment" means a building 
35.17 	used for worship services by a religious organization and clearly identified as such by a 
35.18 	posted  sign or other means.

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

35.21 	Sec. 13. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
35.22 	to read:
35.23 		Subd. 7.School building. "School building" means a public or private preschool, 
35.24 	elementary school, middle school, secondary school, or postsecondary school building.

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

35.27 	Sec. 14. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
35.28 	to read:
36.1 		Subd. 8.Historic property. "Historic property" means any property identified 
36.2 	as a historic site or historic place by sections 138.661 to 138.664 and clearly identified 
36.3 	as such by a posted sign or other means.

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

36.6 	Sec. 15. Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:
36.7 		Subd. 2.Burglary in the second degree. (a) Whoever enters a building without 
36.8 	consent and with intent to commit a crime, or enters a building without consent and 
36.9 	commits a crime while in the building, either directly or as an accomplice, commits 
36.10 	burglary in the second degree and may be sentenced to imprisonment for not more than 
36.11 	ten years or to payment of a fine of not more than $20,000, or both, if:
36.12 	(a) (1) the building is a dwelling;
36.13 	(b) (2) the portion of the building entered contains a banking business or other 
36.14 	business of receiving securities or other valuable papers for deposit or safekeeping and 
36.15 	the entry is with force or threat of force;
36.16 	(c) (3) the portion of the building entered contains a pharmacy or other lawful 
36.17 	business or practice in which controlled substances are routinely held or stored, and the 
36.18 	entry is forcible; or
36.19 	(d) (4) when entering or while in the building, the burglar possesses a tool to gain 
36.20 	access to money or property.
36.21 	(b) Whoever enters a government building, religious establishment, historic property, 
36.22 	or school building without consent and with intent to commit a crime under section 609.52 
36.23 	or 609.595, or enters a government building, religious establishment, historic property, or 
36.24 	school building without consent and commits a crime under section 609.52 or 609.595 
36.25 	while in the building, either directly or as an accomplice, commits burglary in the second 
36.26 	degree and may be sentenced to imprisonment for not more than ten years or to payment 
36.27 	of a fine of not more  than $20,000, or both.

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

36.30 	Sec. 16. [609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR 
36.31 	TELECOMMUNICATIONS EQUIPMENT.
36.32 		Subdivision 1.Crime. Whoever intentionally and without consent from one 
36.33 	authorized to give consent causes any damage or takes, removes, severs, or breaks:
37.1 	(1) any line erected or maintained for the purpose of transmitting electricity for 
37.2 	light, heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected 
37.3 	therewith, any wire, cable, or current thereof;
37.4 	(2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained 
37.5 	for the purpose of transporting, conveying, or distributing gas or other hazardous liquids 
37.6 	for light, heat, power, or any other purpose, or any part thereof, or any valve, meter, 
37.7 	holder, compressor, machinery, appurtenance, equipment, or apparatus connected with any 
37.8 	such main or pipeline; or
37.9 	(3) any machinery, equipment, and fixtures used in receiving, initiating, 
37.10 	amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring 
37.11 	telecommunications services, such as computers, transformers, amplifiers, routers, 
37.12 	repeaters, multiplexers, and other items performing comparable functions; and machinery, 
37.13 	equipment, and fixtures used in the transportation of telecommunications services, 
37.14 	radio transmitters and receivers, satellite equipment, microwave equipment, and other 
37.15 	transporting media including wire, cable, fiber, poles, and conduit;
37.16 	is guilty of a crime and may be sentenced as provided in subdivision 2.
37.17 		Subd. 2.Penalty. Whoever violates subdivision 1 is guilty of a felony and may 
37.18 	be sentenced to imprisonment for not more than five years or to payment of a fine of 
37.19 	not more than $10,000, or both.

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

37.22 	Sec. 17. [609.5935] TAMPERING WITH GAS AND ELECTRICAL LINES.
37.23 	Whoever intentionally and without claim of right, takes, removes, breaks, or severs, 
37.24 	a line or any part connected to a line that is used for supplying or transporting gas or 
37.25 	electricity without the consent of one authorized to give consent and in a manner that 
37.26 	creates a substantial risk of death or bodily harm or serious property damage is guilty of a 
37.27 	felony and may be sentenced to imprisonment for not more than 20 years or to payment of 
37.28 	a fine of not more than $100,000, or both.

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

37.31 	Sec. 18. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
37.32 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
37.33 	intentionally causes damage to physical property of another without the latter's consent 
38.1 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
38.2 	not more than $10,000, or both, if:
38.3 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
38.4 	harm; or
38.5 	(2) the property damaged belongs to a common carrier and the damage impairs the 
38.6 	service to the public rendered by the carrier; or
38.7 	(3) the damage reduces the value of the property by more than $500 $1,000 measured 
38.8 	by the cost of repair and replacement; or
38.9 	(4) the damage reduces the value of the property by more than $250 $500 measured 
38.10 	by the cost of repair and replacement and the defendant has been convicted within the 
38.11 	preceding three years of an offense under this subdivision or subdivision 2.
38.12 	In any prosecution under clause (3), the value of any property damaged by the 
38.13 	defendant in violation of that clause within any six-month period may be aggregated and 
38.14 	the defendant charged accordingly in applying the provisions of this section; provided that 
38.15 	when two or more offenses are committed by the same person in two or more counties, the 
38.16 	accused may be prosecuted in any county in which one of the offenses was committed for 
38.17 	all of the offenses aggregated under this paragraph.

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

38.20 	Sec. 19. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
38.21 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
38.22 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
38.23 	person's physical property without the other person's consent may be sentenced to 
38.24 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
38.25 	or both, if the damage reduces the value of the property by more than $250 $500 but not 
38.26 	more than $500 $1,000 as measured by the cost of repair and replacement.
38.27 	(b) Whoever intentionally causes damage to another person's physical property 
38.28 	without the other person's consent because of the property owner's or another's actual or 
38.29 	perceived race, color, religion, sex, sexual orientation, disability as defined in section 
38.30 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
38.31 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
38.32 	value of the property by not more than $250 $500. 
38.33 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
38.34 	defendant in violation of that paragraph within any six-month period may be aggregated 
38.35 	and the defendant charged accordingly in applying this section. When two or more 
39.1 	offenses are committed by the same person in two or more counties, the accused may 
39.2 	be prosecuted in any county in which one of the offenses was committed for all of the 
39.3 	offenses aggregated under this paragraph.

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

39.6 	Sec. 20. Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:
39.7 		Subdivision 1.Definition. For the purposes of this section, the following terms have 
39.8 	the meanings given them in this subdivision.
39.9 	(a) "Harassment" includes:
39.10 	(1) a single incident of physical or sexual assault or repeated incidents of intrusive or 
39.11 	unwanted acts, words, or gestures that have a substantial adverse effect or are intended to 
39.12 	have a substantial adverse effect on the safety, security, or privacy of another, regardless 
39.13 	of the relationship between the actor and the intended target;
39.14 	(2) targeted residential picketing; and
39.15 	(3) a pattern of attending public events after being notified that the actor's presence 
39.16 	at the event is harassing to another.; and
39.17 	(4) a single incident of posing as another person or persons through the use of the 
39.18 	Internet or a computer, computer program, computer network, or computer system, 
39.19 	without express authorization in order to harass or defame another person or persons.
39.20 	(b) "Respondent" includes any adults or juveniles alleged to have engaged in 
39.21 	harassment or organizations alleged to have sponsored or promoted harassment.
39.22 	(c) "Targeted residential picketing" includes the following acts when committed on 
39.23 	more than one occasion:
39.24 	(1) marching, standing, or patrolling by one or more persons directed solely at a 
39.25 	particular residential building in a manner that adversely affects the safety, security, or 
39.26 	privacy of an occupant of the building; or
39.27 	(2) marching, standing, or patrolling by one or more persons which prevents an 
39.28 	occupant of a residential building from gaining access to or exiting from the property on 
39.29 	which the residential building is located.

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

39.32 	Sec. 21. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
40.1 		Subd. 5.Restraining order. (a) The court may grant a restraining order ordering 
40.2 	the respondent to cease or avoid the harassment of another person or to have no contact 
40.3 	with that person if all of the following occur:
40.4 	(1) the petitioner has filed a petition under subdivision 3;
40.5 	(2) the sheriff has served respondent with a copy of the temporary restraining order 
40.6 	obtained under subdivision 4, and with notice of the right to request a hearing, or service 
40.7 	has been made by publication under subdivision 3, paragraph (b); and
40.8 	(3) the court finds at the hearing that there are reasonable grounds to believe that 
40.9 	the respondent has engaged in harassment.
40.10 	Except as provided in paragraph (c), a restraining order may be issued only against the 
40.11 	respondent named in the petition; except that and if the respondent is an organization, the 
40.12 	order may be issued against and apply to all of the members of the organization. Relief 
40.13 	granted by the restraining order must be for a fixed period of not more than two years. 
40.14 	When a referee presides at the hearing on the petition, the restraining order becomes 
40.15 	effective upon the referee's signature.
40.16 	(b) An order issued under this subdivision must be personally served upon the 
40.17 	respondent.
40.18 	(c) If the harassment involves communication through the use of the Internet or 
40.19 	a computer, computer program, computer network, or computer system, a restraining 
40.20 	order may also be issued against private computer networks, including Internet service 
40.21 	providers or computer bulletin board systems, that are publishing harassing information. 
40.22 	A restraining order issued under this paragraph may direct the respondent or a private 
40.23 	computer network to remove or correct the harassing information. A restraining order 
40.24 	issued under this paragraph may be served by mail upon any private computer network 
40.25 	affected.

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

40.28 	Sec. 22. Minnesota Statutes 2006, section 609.75, subdivision 8, is amended to read:
40.29 		Subd. 8.Video game of chance. A video game of chance is a game or device 
40.30 	that does not meet the requirements of subdivision 8a and which simulates one or more 
40.31 	games commonly referred to as poker, blackjack, craps, hi-lo, roulette, or other common 
40.32 	gambling forms, though not offering any type of pecuniary award or gain to players. The 
40.33 	term also includes any video game having one or more of the following characteristics:
40.34 	(1) it is primarily a game of chance, and has no substantial elements of skill involved;
41.1 	(2) it awards game credits or replays and contains a meter or device that records 
41.2 	unplayed credits or replays. A video game that simulates horse racing that does not 
41.3 	involve a prize payout is not a video game of chance.

41.4 	Sec. 23. Minnesota Statutes 2006, section 609.75, is amended by adding a subdivision 
41.5 	to read:
41.6 		Subd. 8a.Amusement games. A game which is not designed and manufactured 
41.7 	primarily for use in connection with gambling is not a "video game of chance" if it:
41.8 	(1) does not reward the player with valuable consideration other than extended play 
41.9 	or replays or merchandise of nominal value contained within the device;
41.10 	(2) does not contain a meter or other device that records unplayed credits or replays; 
41.11 	and
41.12 	(3) is not used and is not designed, nor been altered or converted to use in the 
41.13 	playing phases of any gambling activity.

41.14 	Sec. 24. Minnesota Statutes 2006, section 609.75, is amended by adding a subdivision 
41.15 	to read:
41.16 		Subd. 8b.Inspection; citation. Any person who possesses or intends to possess 
41.17 	any type, category, or model of video game for purposes of offering play of the game 
41.18 	for a consideration may request the director of alcohol and gambling enforcement to 
41.19 	examine the machine and to determine whether or not the machine meets the definition of 
41.20 	an amusement game as set forth in subdivision 8a. The director of alcohol and gambling 
41.21 	enforcement shall conduct the examination and make a determination as requested. A 
41.22 	person making a request under this subdivision shall reimburse the division for the 
41.23 	services performed. In addition to the powers set forth in section 299L.03, the director 
41.24 	of alcohol and gambling enforcement has the power to issue citations, pursuant to a fine 
41.25 	schedule established by the director, to any person who uses an amusement game to 
41.26 	commit a violation of section 609.76. No fine shall exceed $25,000. Fines collected 
41.27 	pursuant to this subdivision are appropriated to the commissioner of public safety to be 
41.28 	used for enforcement of this subdivision.

41.29 	Sec. 25.  REPEALER.
 41.30 	Minnesota Statutes 2006, section 609.805, is repealed.

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

42.1 	ARTICLE 3
42.2 	DWI AND DRIVING RELATED PROVISIONS

42.3 	Section 1. Minnesota Statutes 2006, section 169.13, is amended by adding a 
42.4 	subdivision to read:
42.5 		Subd. 2a.Careless driving resulting in death. (a) A person who drives, operates, 
42.6 	or halts a vehicle, anywhere in this state, carelessly or heedlessly in disregard of the rights 
42.7 	of others or in a manner that endangers or is likely to endanger any property or any person, 
42.8 	including any driver or passenger of a vehicle or other person, that results in the death of a 
42.9 	person, is guilty of a gross misdemeanor.
42.10 	(b) Nothing in this subdivision or section 609.035 limits the power of the state to 
42.11 	punish a person for conduct that constitutes a crime under any other law of this state.

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

42.14 	Sec. 2. Minnesota Statutes 2006, section 169.471, subdivision 2, is amended to read:
42.15 		Subd. 2.Use of headphones in vehicle.  (a) No person, while operating a motor 
42.16 	vehicle, shall wear headphones or earphones that are used in both ears simultaneously for 
42.17 	purposes of receiving or listening to broadcasts or reproductions from radios, tape decks, 
42.18 	or other sound-producing or transmitting devices.
42.19 	(b) Paragraph (a) does not prohibit: 
42.20 	(1) the use of a hearing aid device by a person who needs the device; or
42.21 	(2) the use of a communication headset by a firefighter while operating a fire 
42.22 	department emergency vehicle in response to an emergency.; or
42.23 	(3) the use of a communication headset by an emergency medical services person 
42.24 	while operating an ambulance subject to section 144E.101.

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

42.26 	Sec. 3. Minnesota Statutes 2006, section 169A.275, is amended by adding a 
42.27 	subdivision to read:
42.28 		Subd. 7.Exception. (a) A judge is not required to sentence a person as provided 
42.29 	in this section if the judge requires the person as a condition of probation to drive only 
42.30 	motor vehicles equipped with an ignition interlock device meeting the standards described 
42.31 	in section 171.306.
42.32 	(b) This subdivision expires July 1, 2009.

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

43.3 	Sec. 4. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
43.4 		Subd. 7.Requirements for conducting tests; liability. (a) Only a physician, 
43.5 	medical technician, emergency medical technician-paramedic, registered nurse, medical 
43.6 	technologist, medical laboratory technician, phlebotomist, or laboratory assistant acting 
43.7 	at the request of a peace officer may withdraw blood for the purpose of determining the 
43.8 	presence of alcohol, a controlled substance or its metabolite, or a hazardous substance. 
43.9 	This limitation does not apply to the taking of a breath or urine sample.
43.10 	(b) The person tested has the right to have someone of the person's own choosing 
43.11 	administer a chemical test or tests in addition to any administered at the direction of a 
43.12 	peace officer; provided, that the additional test sample on behalf of the person is obtained 
43.13 	at the place where the person is in custody, after the test administered at the direction of a 
43.14 	peace officer, and at no expense to the state. The failure or inability to obtain an additional 
43.15 	test or tests by a person does not preclude the admission in evidence of the test taken at 
43.16 	the direction of a peace officer unless the additional test was prevented or denied by the 
43.17 	peace officer.
43.18 	(c) The physician, medical technician, emergency medical technician-paramedic, 
43.19 	medical technologist, medical laboratory technician, laboratory assistant, phlebotomist, 
43.20 	or registered nurse drawing blood at the request of a peace officer for the purpose of 
43.21 	determining the concentration of alcohol, a controlled substance or its metabolite, or a 
43.22 	hazardous substance is in no manner liable in any civil or criminal action except for 
43.23 	negligence in drawing the blood. The person administering a breath test must be fully 
43.24 	trained in the administration of breath tests pursuant to training given by the commissioner 
43.25 	of public safety.

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

43.28 	Sec. 5. [171.028] DOCUMENTING RESIDENCY; RULES AND REGULATIONS.
43.29 		Subdivision 1.Permanent state rules. (a) Adopted exempt Minnesota Rules, part 
43.30 	7410.0400, subparts 2 and 3, as published in the State Register on July 8, 2002, shall 
43.31 	become permanent on the day following final enactment of this section. These rules 
43.32 	may subsequently be amended by the commissioner under chapter 14, to administer the 
43.33 	provisions of this chapter.
44.1 	(b) The documents specified in Minnesota Rules, part 7410.0400, subparts 2 and 
44.2 	3, or successor rules, are subject to the variance procedures and criteria in Minnesota 
44.3 	Rules, part 7410.0600, or successor rules.
44.4 		Subd. 2.Incorporation of federal regulations. As authorized by Public Law 
44.5 	107-296, rules relating to identity and residency documentation standards adopted in Code 
44.6 	of Federal Regulations by the United States Department of Homeland Security may be 
44.7 	incorporated by reference by the commissioner. These rules may be subsequently amended 
44.8 	by the commissioner under chapter 14 to administer the provisions of this chapter.
44.9 		Subd. 3.Non-English documents; translation. All documents submitted to the 
44.10 	department in a language other than English must be accompanied by a translation of 
44.11 	that document into the English language.
44.12 		Subd. 4.Proof of residency required at time of application. Proof of residency in 
44.13 	the United States is required at the time of application for an initial permit, driver's license, 
44.14 	or identification card. The applicant must attest to a residence address in Minnesota and 
44.15 	demonstrate proof of either lawful short-term admission to the United States, permanent 
44.16 	United States resident status, indefinite authorized presence status, or United States 
44.17 	citizenship.
44.18 		Subd. 5.Proof of residency at renewal. (a) Proof of residency is required at the 
44.19 	time of application for renewal of a driver's license, permit, or identification card.
44.20 	(b) A person with permanent United States resident status, indefinite authorized 
44.21 	presence status, or United States citizenship must attest to a residence address in 
44.22 	Minnesota.
44.23 	(c) A person with lawful short-term admission to the United States must attest to a 
44.24 	residence address in Minnesota and provide proof of lawful short-term admission status to 
44.25 	the United States.
44.26 		Subd. 6.Documents not sufficient to prove residency. The presentation of a 
44.27 	driver's license, permit, or identification card from another jurisdiction or another United 
44.28 	States state is not acceptable as proof of permanent United States resident status, indefinite 
44.29 	authorized presence status, lawful short-term admission to the United States, or United 
44.30 	States citizenship.
44.31 		Subd. 7.Documents sufficient to prove residency. To demonstrate permanent 
44.32 	United States resident status, indefinite authorized presence status, lawful short-term 
44.33 	admission, or United States citizenship, an applicant must attest to a Minnesota residence 
44.34 	address on the application form and present a primary document specified in Minnesota 
44.35 	Rules, part 7410.0400, subpart 2, or successor rules.
45.1 		Subd. 8.Evidence required when name changed. If there has been a change 
45.2 	in the individual's legal full name as it appears on the presented document specified in 
45.3 	Minnesota Rules, part 7410.0400, subpart 2, or successor rules, the individual must also 
45.4 	present evidence of a change of name as specified in Minnesota Rules, part 7410.0500, 
45.5 	or successor rules.
45.6 		Subd. 9.Lawful short-term admission status. (a) If the lawful admission period 
45.7 	indicated on the federal primary document presented expires in 30 days or more from 
45.8 	the date of application for the state driver's license, permit, or identification card, the 
45.9 	department shall issue to the applicant a driver's license, permit, or identification card 
45.10 	with a status check date that coincides with the lawful admission period on the federal 
45.11 	primary document presented.
45.12 	(b) The department shall not issue a driver's license, permit, or identification card if 
45.13 	an individual has no lawful admission status to the United States or if the lawful short-term 
45.14 	admission period expires in 30 days or less.
45.15 		Subd. 10.Status check date. A status check date that coincides with the federal 
45.16 	lawful admission period indicated on the federal primary document presented must be 
45.17 	indicated on the driver's license, permit, or identification card issued.
45.18 		Subd. 11.Reissuance. (a) The department shall reissue a driver's license, permit, or 
45.19 	identification card with a new status check date if the applicant presents an employment 
45.20 	authorization card (I-688B, I-766 series) or notice of action (I-797A series) issued by 
45.21 	the United States Department of Homeland Security to the commissioner to indicate 
45.22 	extension of the lawful admission period.
45.23 	(b) If the applicant presents an accepted application from the United States 
45.24 	Department of Homeland Security for an extension of or change in the federal lawful 
45.25 	admission period, the department shall reissue the driver's license, permit, or identification 
45.26 	card with a status check date extension of six months from the date of the federal receipt 
45.27 	for the extension or change in order to provide a grace period while the application for 
45.28 	the extension is processed.
45.29 	(c) The department shall reissue a driver's license, permit, or identification card 
45.30 	without a status check date if (1) the applicant presents a subsequent federal document 
45.31 	indicating permanent United States resident status, indefinite authorized presence status, 
45.32 	or United States citizenship, and (2) the applicant pays the duplicate fee as specified 
45.33 	in section 171.06.

45.34 	Sec. 6. Minnesota Statutes 2006, section 171.09, subdivision 1, is amended to read:
46.1 		Subdivision 1.Authority; violations. (a) The commissioner, when good cause 
46.2 	appears, may impose restrictions suitable to the licensee's driving ability or other 
46.3 	restrictions applicable to the licensee as the commissioner may determine to be appropriate 
46.4 	to assure the safe operation of a motor vehicle by the licensee.
46.5 	(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant 
46.6 	for a commercial driver's license either does not successfully complete the air brake 
46.7 	component of the knowledge test, or does not successfully complete the skills test 
46.8 	in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal 
46.9 	Regulations, title 49, part 384, the department shall indicate on the class C, class B, 
46.10 	or class A commercial driver's license, if issued, that the individual is restricted from 
46.11 	operating a commercial motor vehicle equipped with air brakes.
46.12 	(c) Upon receiving satisfactory evidence of any violation of the restrictions on the 
46.13 	license, the commissioner may suspend or revoke the license. A license suspension under 
46.14 	this section is subject to section 171.18, subdivisions 2 and 3.
46.15 	(d) A person who drives, operates, or is in physical control of a motor vehicle while 
46.16 	in violation of the restrictions imposed in a restricted driver's license issued to that person 
46.17 	under this section is guilty of a crime as follows:
46.18 	(1) if the restriction relates to the possession or consumption of alcohol or controlled 
46.19 	substances, the person is guilty of a gross misdemeanor; or
46.20 	(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.
46.21 	(e) Following ten years with no repeat violation of chapter 169A or section 609.21 
46.22 	by a person subject to a no alcohol restriction under section 171.09, the commissioner 
46.23 	shall issue to the person a driver's license card not containing a no alcohol label. The 
46.24 	omission of an alcohol label on the driver's license card does not prohibit the charging of a 
46.25 	person with an offense related to this section.

46.26 	Sec. 7. Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision 
46.27 	to read:
46.28 		Subd. 9.Driving record disclosure to law enforcement. The commissioner 
46.29 	shall also furnish driving records, without charge, to chiefs of police, county sheriffs, 
46.30 	prosecuting attorneys, and other law enforcement agencies with the power to arrest.

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

46.32 	Sec. 8. [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
46.33 		Subdivision 1.Pilot project established; reports. The commissioner shall 
46.34 	conduct a two-year ignition interlock device pilot project as provided in this section. The 
47.1 	commissioner shall select one metropolitan county and one rural county to participate 
47.2 	in the pilot project. The pilot project must begin on July 1, 2007, and continue until 
47.3 	June 30, 2009. The commissioner shall submit two preliminary reports by February 1, 
47.4 	2008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs 
47.5 	and ranking minority members of the senate and house of representatives committees 
47.6 	having jurisdiction over criminal justice policy and funding. The reports must evaluate the 
47.7 	successes and failures of the pilot project, provide information on participation rates, and 
47.8 	make recommendations on continuing the project.
47.9 		Subd. 2.Performance standards; certification. The commissioner shall determine 
47.10 	appropriate performance standards and a certification process for ignition interlock 
47.11 	devices for the pilot project. Only devices certified by the commissioner as meeting the 
47.12 	performance standards may be used in the pilot project.
47.13 		Subd. 3.Pilot project components. (a) Under the pilot project, the commissioner 
47.14 	shall issue a driver's license to an individual whose driver's license has been revoked 
47.15 	under chapter 169A for a repeat impaired driving incident if the person qualifies under this 
47.16 	section and agrees to all of the conditions of the project.
47.17 	(b) The commissioner must flag the person's driver's license record to indicate the 
47.18 	person's participation in the program. The license must authorize the person to drive only 
47.19 	vehicles having functioning ignition interlock devices conforming with the requirements 
47.20 	of subdivision 2.
47.21 	(c) Notwithstanding any statute or rule to the contrary, the commissioner has 
47.22 	authority to and shall determine the appropriate period for which a person participating in 
47.23 	the ignition interlock pilot program shall be subject to this program, and when the person 
47.24 	is eligible to be issued:
47.25 	(1) a limited driver's license subject to the ignition interlock restriction;
47.26 	(2) full driving privileges subject to the ignition interlock restriction; and
47.27 	(3) a driver's license without an ignition interlock restriction.
47.28 	(d) A person participating in this pilot project shall agree to participate in any 
47.29 	treatment recommended by a chemical use assessment.
47.30 	(e) The commissioner shall determine guidelines for participation in the project. 
47.31 	A person participating in the project shall sign a written agreement accepting these 
47.32 	guidelines and agreeing to comply with them.
47.33 	(f) It is a misdemeanor for a person who is licensed under this section for driving a 
47.34 	vehicle equipped with an ignition interlock device:
47.35 	(1) to start or attempt to start, or to operate or attempt to operate, the vehicle while 
47.36 	the person has any amount of alcohol in the person's body; or
48.1 	(2) to drive, operate or be in physical control of a motor vehicle other than a vehicle 
48.2 	properly equipped with an ignition interlock device.

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

48.4 	Sec. 9. Minnesota Statutes 2006, section 171.55, is amended to read:
48.5 	171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
48.6 	The commissioner shall give the same effect for driver licensing purposes to conduct 
48.7 	reported from a licensing authority or court in another state or province or territory 
48.8 	of Canada that the commissioner would give to conduct reported from a court or other 
48.9 	agency of this state, whether or not the other state or province or territory of Canada is a 
48.10 	party to the Driver License Compact in section 171.50. The conduct to be given effect by 
48.11 	the commissioner includes a report of conviction for an offense enumerated in section 
48.12 	171.50, article IV, or an offense described in sections 171.17 and 171.18. 

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

48.15 	Sec. 10. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
48.16 		Subdivision 1.Criminal vehicular homicide operation; crime described. A 
48.17 	person is guilty of criminal vehicular homicide resulting in death and may be sentenced to 
48.18 	imprisonment for not more than ten years or to payment of a fine of not more than $20,000, 
48.19 	or both operation and may be sentenced as provided in subdivision 1a, if the person causes 
48.20 	injury to or the death of a human being not constituting murder or manslaughteranother 
48.21 	as a result of operating a motor vehicle:
48.22 	(1) in a grossly negligent manner;
48.23 	(2) in a negligent manner while under the influence of:
48.24 	(i) alcohol;
48.25 	(ii) a controlled substance; or
48.26 	(iii) any combination of those elements;
48.27 	(3) while having an alcohol concentration of 0.08 or more;
48.28 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
48.29 	two hours of the time of driving;
48.30 	(5) in a negligent manner while knowingly under the influence of a hazardous 
48.31 	substance;
49.1 	(6) in a negligent manner while any amount of a controlled substance listed in 
49.2 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
49.3 	present in the person's body; or
49.4 	(7) where the driver who causes the accident leaves the scene of the accident in 
49.5 	violation of section 169.09, subdivision 1 or 6.  

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

49.8 	Sec. 11. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision 
49.9 	to read:
49.10 		Subd. 1a.Criminal penalties. (a) A person who violates subdivision 1 and causes 
49.11 	the death of a human being not constituting murder or manslaughter or the death of an 
49.12 	unborn child may be sentenced to imprisonment for not more than ten years or to payment 
49.13 	of a fine of not more than $20,000, or both.
49.14 	(b) A person who violates subdivision 1 and causes great bodily harm to another not 
49.15 	constituting attempted murder or assault or great bodily harm to an unborn child who is 
49.16 	subsequently born alive may be sentenced to imprisonment for not more than five years or 
49.17 	to payment of a fine of not more than $10,000, or both.
49.18 	(c) A person who violates subdivision 1 and causes substantial bodily harm to 
49.19 	another may be sentenced to imprisonment for not more than three years or to payment of 
49.20 	a fine of not more than $10,000, or both.
49.21 	(d) A person who violates subdivision 1 and causes bodily harm to another may be 
49.22 	sentenced to imprisonment for not more than one year or to payment of a fine of not 
49.23 	more than $3,000, or both.

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

49.26 	Sec. 12. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision 
49.27 	to read:
49.28 		Subd. 1b.Conviction not bar to punishment for other crimes. A prosecution 
49.29 	for or a conviction of a crime under this section relating to causing death or injury to an 
49.30 	unborn child is not a bar to conviction of or punishment for any other crime committed by 
49.31 	the defendant as part of the same conduct.

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

50.1 	Sec. 13. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
50.2 		Subd. 4a.Affirmative defense. It shall be an affirmative defense to a charge under 
50.3 	subdivision 1, clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4, 
50.4 	clause (6), that the defendant used the controlled substance according to the terms of a 
50.5 	prescription issued for the defendant in accordance with sections 152.11 and 152.12. 

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

50.8 	Sec. 14. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
50.9 		Subd. 5.Definitions. For purposes of this section, the terms defined in this 
50.10 	subdivision have the meanings given them.
50.11 	(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and 
50.12 	includes attached trailers. 
50.13 	(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4. 
50.14 	(c) "Hazardous substance" means any chemical or chemical compound that is listed 
50.15 	as a hazardous substance in rules adopted under chapter 182.

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

50.18 	Sec. 15. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
50.19 		Subdivision 1.Certificates of analysis; blood sample reports; chain of custody.
 50.20 	(a) In any hearing or trial of a criminal offense or petty misdemeanor or proceeding 
50.21 	pursuant to section 169A.53, subdivision 3, the following documents shall be admissible 
50.22 	in evidence: 
50.23 	(a) (1) a report of the facts and results of any laboratory analysis or examination if it 
50.24 	is prepared and attested by the person performing the laboratory analysis or examination 
50.25 	in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the 
50.26 	bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau 
50.27 	of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol, 
50.28 	Tobacco and Firearms, or the federal Drug Enforcement Administration;
50.29 	(b) (2) a report of a blood sample withdrawn under the implied consent law if:
50.30 	(i) The report was prepared by the person who administered the test;
50.31 	(ii) The person who withdrew the blood sample was competent to administer the test 
50.32 	under section 169A.51, subdivision 7; and 
51.1 	(iii) The report was prepared consistent with any applicable rules promulgated 
51.2 	by the commissioner of public safety; and
51.3 	(c) (3) a verified chain of custody of a specimen while under the control of a 
51.4 	laboratory described in clause (a)(1).
51.5 	(b) A report described in paragraph (a), clause (a)(1), purported to be signed by the 
51.6 	person performing the analysis or examination in a laboratory named in that clause, or a 
51.7 	blood sample report described in paragraph (a), clause (b) (2), purported to be signed by 
51.8 	the person who withdrew the blood sample shall be admissible as evidence without proof 
51.9 	of the seal, signature or official character of the person whose name is signed to it. The 
51.10 	signature in paragraph (a), clause (a) (1) or (b) (2), can be written or in electronic format.
51.11 	(c) At least 20 days before trial, the prosecutor shall submit to the accused person or 
51.12 	the accused person's attorney notice of the contents of a report described in paragraph (a) 
51.13 	and of the requirements of subdivision 2.

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

51.15 	Sec. 16. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
51.16 		Subd. 2.Testimony at trial. (a) Except in civil proceedings, including proceedings 
51.17 	under section 169A.53, an accused person or the accused person's attorney may request, 
51.18 	by notifying the prosecuting attorney at least ten days before the trial, that the following 
51.19 	persons testify in person at the trial on behalf of the state: 
51.20 	(a) (1) a person who performed the laboratory analysis or examination for the report 
51.21 	described in subdivision 1, paragraph (a), clause (a) (1); or
51.22 	(b) (2) a person who prepared the blood sample report described in subdivision 
51.23 	1, paragraph (a), clause (b) (2).
51.24 	If a petitioner in a proceeding under section 169A.53 subpoenas a person described 
51.25 	in paragraph (a) clause (1) or (b) (2), to testify at the proceeding, the petitioner is not 
51.26 	required to pay the person witness fees under section 357.22 in excess of $100. 
51.27 	(b) If the accused person or the accused person's attorney does not comply with 
51.28 	the ten-day requirement described in paragraph (a), the prosecutor is not required to 
51.29 	produce the person who performed the analysis or examination or prepared the report. 
51.30 	In this case, the accused person's right to confront that witness is waived and the report 
51.31 	shall be admitted into evidence.

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

51.33 	Sec. 17. REVISOR'S INSTRUCTION.
 52.1 	(a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135, 
52.2 	subdivision 2, the revisor of statutes shall change the references in column A to the 
52.3 	references in column B.

52.4		Column A
	Column B
	
52.5		609.21, subdivision 1
	609.21, subdivision 1a, paragraph (a)
	
52.6		609.21, subdivision 2
	609.21, subdivision 1a, paragraph (b)
	
52.7		609.21, subdivision 2a
	609.21, subdivision 1a, paragraph (c)
	
52.8		609.21, subdivision 2b
	609.21, subdivision 1a, paragraph (d)
	
52.9		609.21, subdivision 4
	609.21, subdivision 1a, paragraph (b)
	
52.10 	(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall 
52.11 	replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a 
52.12 	reference to Minnesota Statutes, section 609.21, subdivision 1b.
52.13 	(c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the 
52.14 	reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to 
52.15 	Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
52.16 	(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota 
52.17 	Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references 
52.18 	to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a, 
52.19 	clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and 
52.20 	subdivision 4, clauses (2) to (6).

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

52.22 	Sec. 18.  REPEALER.
 52.23 		Subdivision 1.Verify auto insurance.  Minnesota Statutes 2006, section 169.796, 
52.24 	subdivision 3, is repealed.
52.25 		Subd. 2.Suspension of mailed demands. Laws 2005, First Special Session chapter 
52.26 	6, article 3, section 91, is repealed.
52.27 		Subd. 3.Criminal vehicular operation.  Minnesota Statutes 2006, section 609.21, 
52.28 	subdivisions 2, 2a, 2b, 3, and 4, are repealed.

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

52.31 	ARTICLE 4
52.32 	CRIME VICTIMS

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

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

53.9 	Sec. 2. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:
53.10 		Subdivision 1.Formulation of policies. (a) The commissioner shall formulate 
53.11 	policies to effectuate the purposes of this chapter and shall:
53.12 	(1) exercise leadership under the direction of the governor in the development of 
53.13 	human rights policies and programs, and make recommendations to the governor and the 
53.14 	legislature for their consideration and implementation;
53.15 	(2) establish and maintain a principal office in St. Paul, and any other necessary 
53.16 	branch offices at any location within the state;
53.17 	(3) meet and function at any place within the state;
53.18 	(4) employ attorneys, clerks, and other employees and agents as the commissioner 
53.19 	may deem necessary and prescribe their duties;
53.20 	(5) to the extent permitted by federal law and regulation, utilize the records of the 
53.21 	Department of Employment and Economic Development of the state when necessary 
53.22 	to effectuate the purposes of this chapter;
53.23 	(6) obtain upon request and utilize the services of all state governmental departments 
53.24 	and agencies;
53.25 	(7) adopt suitable rules for effectuating the purposes of this chapter;
53.26 	(8) issue complaints, receive and investigate charges alleging unfair discriminatory 
53.27 	practices, and determine whether or not probable cause exists for hearing;
53.28 	(9) subpoena witnesses, administer oaths, take testimony, and require the production 
53.29 	for examination of any books or papers relative to any matter under investigation or in 
53.30 	question as the commissioner deems appropriate to carry out the purposes of this chapter;
53.31 	(10) attempt, by means of education, conference, conciliation, and persuasion to 
53.32 	eliminate unfair discriminatory practices as being contrary to the public policy of the state;
53.33 	(11) develop and conduct programs of formal and informal education designed to 
53.34 	eliminate discrimination and intergroup conflict by use of educational techniques and 
53.35 	programs the commissioner deems necessary;
54.1 	(12) make a written report of the activities of the commissioner to the governor 
54.2 	each year;
54.3 	(13) accept gifts, bequests, grants, or other payments public and private to help 
54.4 	finance the activities of the department;
54.5 	(14) create such local and statewide advisory committees as will in the 
54.6 	commissioner's judgment aid in effectuating the purposes of the Department of Human 
54.7 	Rights;
54.8 	(15) develop such programs as will aid in determining the compliance throughout 
54.9 	the state with the provisions of this chapter, and in the furtherance of such duties, conduct 
54.10 	research and study discriminatory practices based upon race, color, creed, religion, 
54.11 	national origin, sex, age, disability, marital status, status with regard to public assistance, 
54.12 	familial status, sexual orientation, or other factors and develop accurate data on the nature 
54.13 	and extent of discrimination and other matters as they may affect housing, employment, 
54.14 	public accommodations, schools, and other areas of public life;
54.15 	(16) develop and disseminate technical assistance to persons subject to the provisions 
54.16 	of this chapter, and to agencies and officers of governmental and private agencies;
54.17 	(17) provide staff services to such advisory committees as may be created in aid of 
54.18 	the functions of the Department of Human Rights;
54.19 	(18) make grants in aid to the extent that appropriations are made available for that 
54.20 	purpose in aid of carrying out duties and responsibilities; and
54.21 	(19) cooperate and consult with the commissioner of labor and industry regarding 
54.22 	the investigation of violations of, and resolution of complaints regarding section 363A.08, 
54.23 	subdivision 7. 
54.24 	In performing these duties, the commissioner shall give priority to those duties in 
54.25 	clauses (8), (9), and (10) and to the duties in section 363A.36. 
54.26 	(b) All gifts, bequests, grants, or other payments, public and private, accepted under 
54.27 	paragraph (a), clause (13), must be deposited in the state treasury and credited to a special 
54.28 	account. Money in the account is appropriated to the commissioner of human rights to 
54.29 	help finance activities of the department.

54.30 	Sec. 3. [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO 
54.31 	TERMINATE LEASE.
54.32 		Subdivision 1.Right to terminate; procedure. A tenant to a residential lease who 
54.33 	is a victim of domestic abuse and fears imminent domestic abuse against the tenant or the 
54.34 	tenant's children by remaining in the leased premises may terminate a lease agreement 
54.35 	without penalty or liability, except as provided by this section, by providing written notice 
55.1 	to the landlord stating that the tenant fears imminent domestic abuse and indicating 
55.2 	the specific date the tenant intends to vacate the premises. The written notice must be 
55.3 	delivered by mail, fax, or in person, and be accompanied by one of the following:
55.4 	(1) an order for protection under chapter 518B; or
55.5 	(2) a no contact order, currently in effect, issued under section 518B.01, subdivision 
55.6 	22, or chapter 609.
55.7 		Subd. 2.Confidentiality of information. Information provided to the landlord by 
55.8 	the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the 
55.9 	landlord as confidential. The information may not be entered into any shared database 
55.10 	or provided to any entity except when required for use in an eviction proceeding, upon 
55.11 	the consent of the victim, or as otherwise required by law.
55.12 		Subd. 3.Liability for rent; termination of tenancy. (a) A tenant terminating a 
55.13 	lease pursuant to subdivision 1 is responsible for one month's rent following the vacation 
55.14 	of the premises and is relieved of any contractual obligation for payment of rent or any 
55.15 	other charges for the remaining term of the lease.
55.16 	(b) This section does not affect a tenant's liability for delinquent, unpaid rent or 
55.17 	other sums owed to the landlord before the lease was terminated by the tenant under this 
55.18 	section. The return or retention of the security deposit is subject to the provisions of 
55.19 	section 504B.178.
55.20 	(c) The tenancy terminates, including the right of possession of the premises, when 
55.21 	the tenant surrenders the keys to the premises to the landlord. The one month's rent is due 
55.22 	and payable on or before the date the tenant vacates the premises, as indicated in their 
55.23 	written notice pursuant to subdivision 1. For purposes of this section, the provisions of 
55.24 	section 504B.178 commence upon the first day of the month following either:
55.25 	(1) the date the tenant vacates the premises; or
55.26 	(2) the date the tenant pays the one month's rent, whichever occurs first.
55.27 	(d) The provisions of this subdivision do not apply until written notice meeting the 
55.28 	requirements of subdivision 1 is delivered to the landlord.
55.29 		Subd. 4.Multiple tenants. Notwithstanding the release of a tenant from a lease 
55.30 	agreement under this section, if there are any remaining tenants residing in the premises 
55.31 	the tenancy shall continue for those remaining tenants. A perpetrator who has been 
55.32 	excluded from the premises under court order remains liable under the lease with any 
55.33 	other tenant of the premises for rent or damage to the premises.
55.34 		Subd. 5.Waiver prohibited. A residential tenant may not waive, and a landlord 
55.35 	may not require the residential tenant to waive, the resident tenant's rights under this 
55.36 	section.
56.1 		Subd. 6.Definition. For purposes of this section, "domestic abuse" has the meaning 
56.2 	given in section 518B.01, subdivision 2.

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

56.4 	Sec. 4. Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to read:
56.5 		Subd. 6a.Subsequent orders and extensions. (a) Upon application, notice to 
56.6 	all parties, and hearing, the court may extend the relief granted in an existing order for 
56.7 	protection or, if a petitioner's order for protection is no longer in effect when an application 
56.8 	for subsequent relief is made, grant a new order. The court may extend the terms of an 
56.9 	existing order or, if an order is no longer in effect, grant a new order upon a showing that:
56.10 	(1) the respondent has violated a prior or existing order for protection;
56.11 	(2) the petitioner is reasonably in fear of physical harm from the respondent;
56.12 	(3) the respondent has engaged in acts of harassment or stalking within the meaning 
56.13 	of section 609.749, subdivision 2; or 
56.14 	(4) the respondent is incarcerated and about to be released, or has recently been 
56.15 	released from incarceration.
56.16 	A petitioner does not need to show that physical harm is imminent to obtain an 
56.17 	extension or a subsequent order under this subdivision.
56.18 	(b) If the court extends relief in an existing order for protection or grants a new 
56.19 	order, the court may order the respondent to provide the following information to the 
56.20 	court for purposes of service of process: the respondent's home address, the respondent's 
56.21 	employment address, and the names and locations of the respondent's parents, siblings, 
56.22 	children, or other close relatives.

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

56.24 	Sec. 5. Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
56.25 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
56.26 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
56.27 	before any person who has authority to receive evidence, except as provided in this 
56.28 	subdivision:
56.29 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
56.30 	wife for or against her husband without his consent, nor can either, during the marriage or 
56.31 	afterwards, without the consent of the other, be examined as to any communication made 
56.32 	by one to the other during the marriage. This exception does not apply to a civil action or 
56.33 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
57.1 	committed by one against the other or against a child of either or against a child under the 
57.2 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
57.3 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
57.4 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
57.5 	neglect, dependency, or termination of parental rights.
57.6 	(b) An attorney cannot, without the consent of the attorney's client, be examined as 
57.7 	to any communication made by the client to the attorney or the attorney's advice given 
57.8 	thereon in the course of professional duty; nor can any employee of the attorney be 
57.9 	examined as to the communication or advice, without the client's consent.
57.10 	(c) A member of the clergy or other minister of any religion shall not, without the 
57.11 	consent of the party making the confession, be allowed to disclose a confession made to 
57.12 	the member of the clergy or other minister in a professional character, in the course of 
57.13 	discipline enjoined by the rules or practice of the religious body to which the member of 
57.14 	the clergy or other minister belongs; nor shall a member of the clergy or other minister of 
57.15 	any religion be examined as to any communication made to the member of the clergy or 
57.16 	other minister by any person seeking religious or spiritual advice, aid, or comfort or advice 
57.17 	given thereon in the course of the member of the clergy's or other minister's professional 
57.18 	character, without the consent of the person.
57.19 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the 
57.20 	consent of the patient, be allowed to disclose any information or any opinion based thereon 
57.21 	which the professional acquired in attending the patient in a professional capacity, and 
57.22 	which was necessary to enable the professional to act in that capacity; after the decease 
57.23 	of the patient, in an action to recover insurance benefits, where the insurance has been 
57.24 	in existence two years or more, the beneficiaries shall be deemed to be the personal 
57.25 	representatives of the deceased person for the purpose of waiving this privilege, and no 
57.26 	oral or written waiver of the privilege shall have any binding force or effect except when 
57.27 	made upon the trial or examination where the evidence is offered or received.
57.28 	(e) A public officer shall not be allowed to disclose communications made to the 
57.29 	officer in official confidence when the public interest would suffer by the disclosure.
57.30 	(f) Persons of unsound mind and persons intoxicated at the time of their production 
57.31 	for examination are not competent witnesses if they lack capacity to remember or to relate 
57.32 	truthfully facts respecting which they are examined.
57.33 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social 
57.34 	worker engaged in a psychological or social assessment or treatment of an individual 
57.35 	at the individual's request shall not, without the consent of the professional's client, be 
57.36 	allowed to disclose any information or opinion based thereon which the professional has 
58.1 	acquired in attending the client in a professional capacity, and which was necessary to 
58.2 	enable the professional to act in that capacity. Nothing in this clause exempts licensed 
58.3 	social workers from compliance with the provisions of sections 626.556 and 626.557. 
58.4 	(h) An interpreter for a person disabled in communication shall not, without the 
58.5 	consent of the person, be allowed to disclose any communication if the communication 
58.6 	would, if the interpreter were not present, be privileged. For purposes of this section, a 
58.7 	"person disabled in communication" means a person who, because of a hearing, speech 
58.8 	or other communication disorder, or because of the inability to speak or comprehend the 
58.9 	English language, is unable to understand the proceedings in which the person is required 
58.10 	to participate. The presence of an interpreter as an aid to communication does not destroy 
58.11 	an otherwise existing privilege.
58.12 	(i) Licensed chemical dependency counselors shall not disclose information or 
58.13 	an opinion based on the information which they acquire from persons consulting them 
58.14 	in their professional capacities, and which was necessary to enable them to act in that 
58.15 	capacity, except that they may do so:
58.16 	(1) when informed consent has been obtained in writing, except in those 
58.17 	circumstances in which not to do so would violate the law or would result in clear and 
58.18 	imminent danger to the client or others;
58.19 	(2) when the communications reveal the contemplation or ongoing commission 
58.20 	of a crime; or
58.21 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
58.22 	against the licensed professional whom that person consulted.
58.23 	(j) A parent or the parent's minor child may not be examined as to any communication 
58.24 	made in confidence by the minor to the minor's parent. A communication is confidential if 
58.25 	made out of the presence of persons not members of the child's immediate family living 
58.26 	in the same household. This exception may be waived by express consent to disclosure 
58.27 	by a parent entitled to claim the privilege or by the child who made the communication 
58.28 	or by failure of the child or parent to object when the contents of a communication are 
58.29 	demanded. This exception does not apply to a civil action or proceeding by one spouse 
58.30 	against the other or by a parent or child against the other, nor to a proceeding to commit 
58.31 	either the child or parent to whom the communication was made or to place the person or 
58.32 	property or either under the control of another because of an alleged mental or physical 
58.33 	condition, nor to a criminal action or proceeding in which the parent is charged with a 
58.34 	crime committed against the person or property of the communicating child, the parent's 
58.35 	spouse, or a child of either the parent or the parent's spouse, or in which a child is charged 
58.36 	with a crime or act of delinquency committed against the person or property of a parent 
59.1 	or a child of a parent, nor to an action or proceeding for termination of parental rights, 
59.2 	nor any other action or proceeding on a petition alleging child abuse, child neglect, 
59.3 	abandonment or nonsupport by a parent.
59.4 	(k) Sexual assault counselors may not be compelled to testify about allowed to 
59.5 	disclose any opinion or information received from or about the victim without the consent 
59.6 	of the victim. However, a counselor may be compelled to identify or disclose information 
59.7 	in investigations or proceedings related to neglect or termination of parental rights if the 
59.8 	court determines good cause exists. In determining whether to compel disclosure, the 
59.9 	court shall weigh the public interest and need for disclosure against the effect on the 
59.10 	victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing 
59.11 	in this clause exempts sexual assault counselors from compliance with the provisions 
59.12 	of sections 626.556 and 626.557. 
59.13 	"Sexual assault counselor" for the purpose of this section means a person who has 
59.14 	undergone at least 40 hours of crisis counseling training and works under the direction 
59.15 	of a supervisor in a crisis center, whose primary purpose is to render advice, counseling, 
59.16 	or assistance to victims of sexual assault.
59.17 	(l) A person cannot be examined as to any communication or document, including 
59.18 	worknotes, made or used in the course of or because of mediation pursuant to an 
59.19 	agreement to mediate. This does not apply to the parties in the dispute in an application 
59.20 	to a court by a party to have a mediated settlement agreement set aside or reformed. 
59.21 	A communication or document otherwise not privileged does not become privileged 
59.22 	because of this paragraph. This paragraph is not intended to limit the privilege accorded 
59.23 	to communication during mediation by the common law.
59.24 	(m) A child under ten years of age is a competent witness unless the court finds that 
59.25 	the child lacks the capacity to remember or to relate truthfully facts respecting which the 
59.26 	child is examined. A child describing any act or event may use language appropriate for 
59.27 	a child of that age.
59.28 	(n) A communication assistant for a telecommunications relay system for 
59.29 	communication-impaired persons shall not, without the consent of the person making the 
59.30 	communication, be allowed to disclose communications made to the communication 
59.31 	assistant for the purpose of relaying.

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

59.33 	Sec. 6. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
60.1 		Subd. 5.Restraining order. (a) The court may grant a restraining order ordering 
60.2 	the respondent to cease or avoid the harassment of another person or to have no contact 
60.3 	with that person if all of the following occur:
60.4 	(1) the petitioner has filed a petition under subdivision 3;
60.5 	(2) the sheriff has served respondent with a copy of the temporary restraining order 
60.6 	obtained under subdivision 4, and with notice of the right to request a hearing, or service 
60.7 	has been made by publication under subdivision 3, paragraph (b); and
60.8 	(3) the court finds at the hearing that there are reasonable grounds to believe that 
60.9 	the respondent has engaged in harassment.
60.10 	A restraining order may be issued only against the respondent named in the petition; 
60.11 	except that if the respondent is an organization, the order may be issued against and apply 
60.12 	to all of the members of the organization. Relief granted by the restraining order must be 
60.13 	for a fixed period of not more than two years. When a referee presides at the hearing on 
60.14 	the petition, the restraining order becomes effective upon the referee's signature.
60.15 	If the petitioner has had one or more restraining orders in effect against the 
60.16 	respondent, the court may order the respondent to provide the following information to the 
60.17 	court for purposes of service of process: the respondent's home address, the respondent's 
60.18 	employment address, and the names and locations of the respondent's parents, siblings, 
60.19 	children, or other close relatives.
60.20 	(b) An order issued under this subdivision must be personally served upon the 
60.21 	respondent. If personal service cannot be made, the court may order service by alternate 
60.22 	means, or by publication, which publication must be made as in other actions. The 
60.23 	application for alternate service must include the last known location of the respondent; 
60.24 	the petitioner's most recent contacts with the respondent; the last known location of the 
60.25 	respondent's employment; the names and locations of the respondent's parents, siblings, 
60.26 	children, and other close relatives; the names and locations of other persons who are likely 
60.27 	to know the respondent's whereabouts; and a description of efforts to locate those persons. 
60.28 	The court shall consider the length of time the respondent's location has been unknown, 
60.29 	the likelihood that the respondent's location will become known, the nature of the relief 
60.30 	sought, and the nature of efforts made to locate the respondent. The court shall order 
60.31 	service by first class mail, forwarding address requested, to any addresses where there is a 
60.32 	reasonable possibility that mail or information will be forwarded or communicated to the 
60.33 	respondent. The court may also order publication, within or without the state, but only if it 
60.34 	might reasonably succeed in notifying the respondent of the proceeding. Service shall be 
60.35 	deemed complete 14 days after mailing or 14 days after court-ordered publication.

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

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

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

61.7 	Sec. 8. Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
61.8 		Subd. 7.Definition. As used in this section, "heinous crime" "violent crime" means
61.9 	a violation or attempt to violate any of the following: section 609.185; 609.19; 609.195; 
61.10 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2241; 609.2242; 
61.11 	609.2245; 609.2247; 609.228; 609.23; 609.231; 609.2325; 609.233; 609.235; 609.24; 
61.12 	609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 
61.13 	609.267; 609.2671; 609.2672; 609.268; 609.282; 609.342; 609.343; 609.344; 609.345; 
61.14 	609.3451; 609.3453; 609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582, 
61.15 	subdivision 1, paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
61.16 	(1) a violation or attempted violation of section 609.185 or 609.19;
61.17 	(2) a violation of section 609.195 or 609.221; or
61.18 	(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed 
61.19 	with force or violence or if the complainant was a minor at the time of the offense.

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

61.21 	Sec. 9. [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL 
61.22 	CONDUCT COMPLAINTS; LIMITATIONS.
61.23 		Subdivision 1.Polygraph prohibition. No law enforcement agency or prosecutor 
61.24 	shall  require that a complainant of a criminal sexual conduct offense submit to a polygraph 
61.25 	examination as part of or a condition to proceeding with the investigation, charging, 
61.26 	or prosecution of such offense.
61.27 		Subd. 2.Law enforcement inquiry. A law enforcement agency or prosecutor may 
61.28 	not ask that a complainant of a criminal sexual conduct offense submit to a polygraph 
61.29 	examination as part of the investigation, charging, or prosecution of such offense unless 
61.30 	the complainant has been referred to, and had the opportunity to exercise the option of 
61.31 	consulting with a sexual assault counselor as defined in section 595.02, subdivision 1, 
61.32 	paragraph (k).
62.1 		Subd. 3.Informed consent requirement. At the request of the complainant, a law 
62.2 	enforcement agency may conduct a polygraph examination of the complainant only with 
62.3 	the complainant's written, informed consent as provided in this subdivision.
62.4 		Subd. 4.Informed consent. To consent to a polygraph, a complainant must be 
62.5 	informed in writing that:
62.6 	(1) the taking of the polygraph examination is voluntary and solely at the victim's 
62.7 	request;
62.8 	(2) a law enforcement agency or prosecutor may not ask or require that the 
62.9 	complainant submit to a polygraph examination;
62.10 	(3) the results of the examination are not admissible in court; and
62.11 	(4) the complainant's refusal to take a polygraph examination may not be used 
62.12 	as a basis by the law enforcement agency or prosecutor not to investigate, charge, or 
62.13 	prosecute the offender.
62.14 		Subd. 5.Polygraph refusal. A complainant's refusal to submit to a polygraph 
62.15 	examination shall not prevent the investigation, charging, or prosecution of the offense.
62.16 		Subd. 6.Definitions. For the purposes of this section, the following terms have 
62.17 	the meanings given.
62.18 	(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 
62.19 	609.344, 609.345, or 609.3451.
62.20 	(b) "Complainant" means a person reporting to have been subjected to criminal 
62.21 	sexual conduct.
62.22 	(c) "Polygraph examination" means any mechanical or electrical instrument or 
62.23 	device of any type used or allegedly used to examine, test, or question individuals for 
62.24 	the purpose of determining truthfulness.

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

62.26 	Sec. 10. Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:
62.27 		Subdivision 1.Grants authorized. The Crime Victim and Witness Advisory 
62.28 	Council commissioner of public safety shall make grants to prosecutors and victim 
62.29 	assistance programs for the purpose of providing emergency assistance to victims. As 
62.30 	used in this section, "emergency assistance" includes but is not limited to:
62.31 	(1) replacement of necessary property that was lost, damaged, or stolen as a result 
62.32 	of the crime;
62.33 	(2) purchase and installation of necessary home security devices;
62.34 	(3) transportation to locations related to the victim's needs as a victim, such as 
62.35 	medical facilities and facilities of the criminal justice system;
63.1 	(4) cleanup of the crime scene; and
63.2 	(5) reimbursement for reasonable travel and living expenses the victim incurred to 
63.3 	attend court proceedings that were held at a location other than the place where the crime 
63.4 	occurred due to a change of venue; and
63.5 	(6) reimbursement of towing and storage fees incurred due to impoundment of a 
63.6 	recovered stolen vehicle.

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

63.8 	Sec. 11. Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:
63.9 		Subd. 2.Application for grants. (a) A city or county attorney's office or victim 
63.10 	assistance program may apply to the council commissioner of public safety for a grant 
63.11 	for any of the purposes described in subdivision 1 or for any other emergency assistance 
63.12 	purpose approved by the council commissioner. The application must be on forms and 
63.13 	pursuant to procedures developed by the council commissioner. The application must 
63.14 	describe the type or types of intended emergency assistance, estimate the amount of 
63.15 	money required, and include any other information deemed necessary by the council
63.16 	commissioner.
63.17 	(b) A city or county attorney's office or victim assistance program that applies for a 
63.18 	grant for the purpose described in subdivision 1, clause (6), must make the application 
63.19 	on a separate form and pursuant to procedures developed by the commissioner. The 
63.20 	application must estimate the amount of money required for reimbursement costs, estimate 
63.21 	the amount of money required for administrative costs, and include any other information 
63.22 	deemed necessary by the commissioner. An applicant may not spend in any fiscal year 
63.23 	more than five percent of the grant awarded for administrative costs.

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

63.25 	Sec. 12. Minnesota Statutes 2006, section 611A.675, is amended by adding a 
63.26 	subdivision to read:
63.27 		Subd. 2a.Awards; limitations. (a) No award may be granted under subdivision 
63.28 	1, clause (6), to a victim that fails to provide proof of insurance stating that security 
63.29 	had been provided for the vehicle at the time the vehicle was stolen. As used in this 
63.30 	paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision 
63.31 	1, paragraph (g).
63.32 	(b) An award paid to a victim under subdivision 1, clause (6), shall compensate the 
63.33 	victim for actual costs incurred but shall not exceed $300. 

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

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

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

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

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

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

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

64.24 	ARTICLE 5
64.25 	COURTS AND PUBLIC DEFENDERS

64.26 	Section 1. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
64.27 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten 
64.28 	judicial districts composed of the following named counties, respectively, in each of which 
64.29 	districts judges shall be chosen as hereinafter specified:
65.1 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 3336 judges; 
65.2 	and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and 
65.3 	Glencoe and one other shall be maintained at the place designated by the chief judge 
65.4 	of the district;
65.5 	2. Ramsey; 26 judges;
65.6 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, 
65.7 	Mower, and Fillmore; 23 24 judges; and permanent chambers shall be maintained in 
65.8 	Faribault, Albert Lea, Austin, Rochester, and Winona;
65.9 	4. Hennepin; 60 judges;
65.10 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
65.11 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and 
65.12 	permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, 
65.13 	and Mankato;
65.14 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
65.15 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, 
65.16 	and Wadena; 27 judges; and permanent chambers shall be maintained in Moorhead, 
65.17 	Fergus Falls, Little Falls, and St. Cloud;
65.18 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, 
65.19 	Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent 
65.20 	chambers shall be maintained in Morris, Montevideo, and Willmar;
65.21 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, 
65.22 	Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
65.23 	Koochiching; 22 23 judges; and permanent chambers shall be maintained in Crookston, 
65.24 	Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
65.25 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 43
65.26 	 44 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other 
65.27 	places designated by the chief judge of the district.

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

65.29 	Sec. 2. Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
65.30 		Subdivision 1.Definitions. As used in this section and section 3.736 the terms 
65.31 	defined in this section have the meanings given them. 
65.32 	(1) "State" includes each of the departments, boards, agencies, commissions, courts, 
65.33 	and officers in the executive, legislative, and judicial branches of the state of Minnesota 
65.34 	and includes but is not limited to the Housing Finance Agency, the Minnesota Office of 
65.35 	Higher Education, the Higher Education Facilities Authority, the Health Technology 
66.1 	Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron 
66.2 	Range Resources and Rehabilitation Board, the State Agricultural Society, the University 
66.3 	of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state 
66.4 	penal institutions. It does not include a city, town, county, school district, or other local 
66.5 	governmental body corporate and politic.
66.6 	(2) "Employee of the state" means all present or former officers, members, directors, 
66.7 	or employees of the state, members of the Minnesota National Guard, members of a 
66.8 	bomb disposal unit approved by the commissioner of public safety and employed by a 
66.9 	municipality defined in section 466.01 when engaged in the disposal or neutralization of 
66.10 	bombs or other similar hazardous explosives, as defined in section 299C.063, outside the 
66.11 	jurisdiction of the municipality but within the state, or persons acting on behalf of the state 
66.12 	in an official capacity, temporarily or permanently, with or without compensation. It does 
66.13 	not include either an independent contractor except, for purposes of this section and 
66.14 	section 3.736 only, a guardian ad litem acting under court appointment, or members of the 
66.15 	Minnesota National Guard while engaged in training or duty under United States Code, 
66.16 	title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December 
66.17 	31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and 
66.18 	section 3.736 only, "employee of the state" includes a district public defender or assistant 
66.19 	district public defender in the Second or Fourth Judicial District and a member of the 
66.20 	Health Technology Advisory Committee. 
66.21 	(3) "Scope of office or employment" means that the employee was acting on behalf 
66.22 	of the state in the performance of duties or tasks lawfully assigned by competent authority.
66.23 	(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25. 

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

66.25 	Sec. 3. Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
66.26 		Subdivision 1.General rule. The state will pay compensation for injury to or loss 
66.27 	of property or personal injury or death caused by an act or omission of an employee of 
66.28 	the state while acting within the scope of office or employment or a peace officer who is 
66.29 	not acting on behalf of a private employer and who is acting in good faith under section 
66.30 	629.40, subdivision 4, under circumstances where the state, if a private person, would be 
66.31 	liable to the claimant, whether arising out of a governmental or proprietary function. 
66.32 	Nothing in this section waives the defense of judicial, quasi-judicial, or legislative 
66.33 	immunity except to the extent provided in subdivision 8. 

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

67.1 	Sec. 4. Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
67.2 		Subd. 4.Ranges for other judicial positions. Salaries or salary ranges are provided 
67.3 	for the following positions in the judicial branch of government. The appointing authority 
67.4 	of any position for which a salary range has been provided shall fix the individual salary 
67.5 	within the prescribed range, considering the qualifications and overall performance of the 
67.6 	employee. The Supreme Court shall set the salary of the state court administrator and the 
67.7 	salaries of district court administrators. The salary of the state court administrator or a 
67.8 	district court administrator may not exceed the salary of a district court judge. If district 
67.9 	court administrators die, the amounts of their unpaid salaries for the months in which 
67.10 	their deaths occur must be paid to their estates. The salary of the state public defender 
67.11 	shall be fixed by the State Board of Public Defense but must not exceed the salary of a 
67.12 	district court judge.

67.13		Salary or Range
	
67.14		Effective
	
67.15		July 1, 1994
	
67.16
67.17
67.18	Board on Judicial 
Standards executive 
director
	$44,000-60,000

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

67.20 	Sec. 5. [72A.329] DIRECT LIABILITY OF INSURER.
67.21 	Any bond or policy of insurance covering liability to others for negligence makes 
67.22 	the insurer liable, up to the amounts stated in the bond or policy, to the persons entitled to 
67.23 	recover against the insured for the death of any person or for injury to persons or property, 
67.24 	irrespective of whether the liability is presently established or is contingent and to become 
67.25 	fixed or certain by final judgment against the insured. This section does not apply to an 
67.26 	insurance policy issued by a township mutual fire insurance company or a farmers mutual 
67.27 	fire insurance company under the authority in chapter 67A.

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

67.30 	Sec. 6. Minnesota Statutes 2006, section 260B.007, is amended by adding a 
67.31 	subdivision to read:
67.32 		Subd. 21.Violent juvenile offense. "Violent juvenile offense" means any of the 
67.33 	following offenses that would be a felony if committed by an adult: sections 609.185 
67.34 	(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in 
67.35 	the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in 
68.1 	the second degree); 609.221 (assault in the first degree); 609.222 (assault in the second 
68.2 	degree); 609.223 (assault in the third degree); 609.245 (aggravated robbery); 609.25 
68.3 	(kidnapping); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal 
68.4 	sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third 
68.5 	degree); 609.345 (criminal sexual conduct in the fourth degree); and 609.377 (malicious 
68.6 	punishment of a child).

68.7 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
68.8 	offenses committed on or after that date.

68.9 	Sec. 7. Minnesota Statutes 2006, section 260B.125, subdivision 1, is amended to read:
68.10 		Subdivision 1.Order. When a child is alleged to have committed, after becoming 
68.11 	13 years of age, a violent juvenile offense as defined in section 260B.007, subdivision 21, 
68.12 	or after becoming 14 years of age, an offense that would be a felony if committed by an 
68.13 	adult, the juvenile court may enter an order certifying the proceeding for action under the 
68.14 	laws and court procedures controlling adult criminal violations.

68.15 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
68.16 	offenses committed on or after that date.

68.17 	Sec. 8. Minnesota Statutes 2006, section 260B.130, subdivision 1, is amended to read:
68.18 		Subdivision 1.Designation. A proceeding involving a child alleged to have 
68.19 	committed a felony offense is an extended jurisdiction juvenile prosecution if:
68.20 	(1) the child was 14 13 to 17 years old at the time of the alleged offense, a 
68.21 	certification hearing was held, and the court designated the proceeding an extended 
68.22 	jurisdiction juvenile prosecution;
68.23 	(2) the child was 16 or 17 years old at the time of the alleged offense; the child is 
68.24 	alleged to have committed an offense for which the Sentencing Guidelines and applicable 
68.25 	statutes presume a commitment to prison or to have committed any felony in which the 
68.26 	child allegedly used a firearm; and the prosecutor designated in the delinquency petition 
68.27 	that the proceeding is an extended jurisdiction juvenile prosecution; or
68.28 	(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor 
68.29 	requested that the proceeding be designated an extended jurisdiction juvenile prosecution, 
68.30 	a hearing was held on the issue of designation, and the court designated the proceeding an 
68.31 	extended jurisdiction juvenile prosecution; or
68.32 	(4) the child was 13 years old at the time of the alleged offense, the alleged offense 
68.33 	is a violent juvenile offense as defined in section 260B.007, subdivision 21, the prosecutor 
69.1 	requested that the proceeding be designated an extended jurisdiction juvenile prosecution, 
69.2 	a hearing was held on the issue of designation, and the court designated the proceeding an 
69.3 	extended jurisdiction juvenile prosecution.

69.4 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
69.5 	offenses committed on or after that date.

69.6 	Sec. 9. Minnesota Statutes 2006, section 260B.141, subdivision 4, is amended to read:
69.7 		Subd. 4.Delinquency petition; extended jurisdiction juvenile. When a prosecutor 
69.8 	files a delinquency petition alleging that a child committed a felony offense for which 
69.9 	there is a presumptive commitment to prison according to the Sentencing Guidelines 
69.10 	and applicable statutes or in which the child used a firearm, after reaching the age of 
69.11 	16 years, the prosecutor shall indicate in the petition whether the prosecutor designates 
69.12 	the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a 
69.13 	delinquency petition alleging that a child aged 13 years committed a violent juvenile 
69.14 	offense as defined in section 260B.007, subdivision 21, or a child aged 14 to 17 years 
69.15 	committed a felony offense, the prosecutor may request that the court designate the 
69.16 	proceeding an extended jurisdiction juvenile prosecution.

69.17 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
69.18 	offenses committed on or after that date.

69.19 	Sec. 10. Minnesota Statutes 2006, section 260B.198, subdivision 6, is amended to read:
69.20 		Subd. 6.Expungement. Except when legal custody is transferred under the 
69.21 	provisions of subdivision 1, clause (d), or a child is adjudicated delinquent for committing 
69.22 	a violent juvenile offense as defined in section 260B.007, subdivision 21, the court may 
69.23 	expunge the adjudication of delinquency at any time that it deems advisable.

69.24 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
69.25 	offenses committed on or after that date.

69.26 	Sec. 11. Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
69.27 		Subd. 6.Termination of jurisdiction. The court may dismiss the petition or 
69.28 	otherwise terminate its jurisdiction on its own motion or on the motion or petition of any 
69.29 	interested party at any time. Unless terminated by the court, and except as otherwise 
69.30 	provided in this subdivision, the jurisdiction of the court shall continue until the individual 
69.31 	becomes 19 years of age if the court determines it is in the best interest of the individual 
70.1 	to do so. Court jurisdiction under section 260C.007, subdivision 6, clause (14), may 
70.2 	not continue past the child's 18th birthday.

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

70.4 	Sec. 12. Minnesota Statutes 2006, section 270A.03, subdivision 5, is amended to read:
70.5 		Subd. 5.Debt. "Debt" means a legal obligation of a natural person to pay a fixed 
70.6 	and certain amount of money, which equals or exceeds $25 and which is due and payable 
70.7 	to a claimant agency. The term includes criminal fines imposed under section 609.10 or 
70.8 	609.125, fines imposed for petty misdemeanors as defined in section 609.02, subdivision 
70.9 	4a, and restitution. The term also includes the co-payment for the appointment of a district 
70.10 	public defender imposed under section 611.17, paragraph (c). A debt may arise under a 
70.11 	contractual or statutory obligation, a court order, or other legal obligation, but need not 
70.12 	have been reduced to judgment.
70.13 	A debt includes any legal obligation of a current recipient of assistance which is 
70.14 	based on overpayment of an assistance grant where that payment is based on a client 
70.15 	waiver or an administrative or judicial finding of an intentional program violation; 
70.16 	or where the debt is owed to a program wherein the debtor is not a client at the time 
70.17 	notification is provided to initiate recovery under this chapter and the debtor is not a 
70.18 	current recipient of food support, transitional child care, or transitional medical assistance.
70.19 	A debt does not include any legal obligation to pay a claimant agency for medical 
70.20 	care, including hospitalization if the income of the debtor at the time when the medical 
70.21 	care was rendered does not exceed the following amount:
70.22 	(1) for an unmarried debtor, an income of $8,800 or less;
70.23 	(2) for a debtor with one dependent, an income of $11,270 or less;
70.24 	(3) for a debtor with two dependents, an income of $13,330 or less;
70.25 	(4) for a debtor with three dependents, an income of $15,120 or less;
70.26 	(5) for a debtor with four dependents, an income of $15,950 or less; and
70.27 	(6) for a debtor with five or more dependents, an income of $16,630 or less.
70.28 	The income amounts in this subdivision shall be adjusted for inflation for debts 
70.29 	incurred in calendar years 2001 and thereafter. The dollar amount of each income level 
70.30 	that applied to debts incurred in the prior year shall be increased in the same manner 
70.31 	as provided in section 1(f) of the Internal Revenue Code of 1986, as amended through 
70.32 	December 31, 2000, except that for the purposes of this subdivision the percentage increase 
70.33 	shall be determined from the year starting September 1, 1999, and ending August 31, 2000, 
70.34 	as the base year for adjusting for inflation for debts incurred after December 31, 2000.
71.1 	Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the 
71.2 	dollar amount of the premium authorized under section 256L.15, subdivision 1a.

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

71.4 	Sec. 13. Minnesota Statutes 2006, section 302A.781, is amended by adding a 
71.5 	subdivision to read:
71.6 		Subd. 5.Other claims preserved. In addition to the claims in subdivision 4, all 
71.7 	other statutory and common law rights of persons who may bring claims of injury to a 
71.8 	person, including death, are not affected by dissolution under this chapter.

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

71.10 	Sec. 14. Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
71.11 		Subdivision 1.Coverage.  (a) Employees enumerated in paragraph (c), clauses (2), 
71.12 	(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan 
71.13 	Council and are eligible for coverage under the general state employees retirement plan 
71.14 	under chapter 352, are participants in the unclassified plan under this chapter unless the 
71.15 	employee gives notice to the executive director of the Minnesota State Retirement System 
71.16 	within one year following the commencement of employment in the unclassified service 
71.17 	that the employee desires coverage under the general state employees retirement plan. 
71.18 	For the purposes of this chapter, an employee who does not file notice with the executive 
71.19 	director is deemed to have exercised the option to participate in the unclassified plan.
71.20 	(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified 
71.21 	program under this chapter unless the person was eligible to elect different coverage under 
71.22 	section 3A.07 and elected retirement coverage by the applicable alternative retirement 
71.23 	plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified 
71.24 	program under this chapter for judicial employment in excess of the service credit limit in 
71.25 	section 490.121, subdivision 22.
71.26 	(c) Enumerated employees and referenced persons are:
71.27 	(1) the governor, the lieutenant governor, the secretary of state, the state auditor, 
71.28 	and the attorney general;
71.29 	(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary 
71.30 	of State, State Auditor, Attorney General;
71.31 	(3) an employee of the State Board of Investment;
72.1 	(4) the head of a department, division, or agency created by statute in the unclassified 
72.2 	service, an acting department head subsequently appointed to the position, or an employee 
72.3 	enumerated in section 15A.0815 or 15A.083, subdivision 4;
72.4 	(5) a member of the legislature;
72.5 	(6) a full-time unclassified employee of the legislature or a commission or agency of 
72.6 	the legislature who is appointed without a limit on the duration of the employment or a 
72.7 	temporary legislative employee having shares in the supplemental retirement fund as a 
72.8 	result of former employment covered by this chapter, whether or not eligible for coverage 
72.9 	under the Minnesota State Retirement System;
72.10 	(7) a person who is employed in a position established under section 43A.08, 
72.11 	subdivision 1, clause (3), or in a position authorized under a statute creating or establishing 
72.12 	a department or agency of the state, which is at the deputy or assistant head of department 
72.13 	or agency or director level;
72.14 	(8) the regional administrator, or executive director of the Metropolitan Council, 
72.15 	general counsel, division directors, operations managers, and other positions as designated 
72.16 	by the council, all of which may not exceed 27 positions at the council and the chair;
72.17 	(9) the executive director, associate executive director, and not to exceed nine 
72.18 	positions of the Minnesota Office of Higher Education in the unclassified service, as 
72.19 	designated by the Minnesota Office of Higher Education before January 1, 1992, or 
72.20 	subsequently redesignated with the approval of the board of directors of the Minnesota 
72.21 	State Retirement System, unless the person has elected coverage by the individual 
72.22 	retirement account plan under chapter 354B;
72.23 	(10) the clerk of the appellate courts appointed under article VI, section 2, of the 
72.24 	Constitution of the state of Minnesota, the state court administrator and judicial district 
72.25 	administrators;
72.26 	(11) the chief executive officers of correctional facilities operated by the Department 
72.27 	of Corrections and of hospitals and nursing homes operated by the Department of Human 
72.28 	Services;
72.29 	(12) an employee whose principal employment is at the state ceremonial house;
72.30 	(13) an employee of the Minnesota Educational Computing Corporation;
72.31 	(14) an employee of the State Lottery who is covered by the managerial plan 
72.32 	established under section 43A.18, subdivision 3; and
72.33 	(15) a judge who has exceeded the service credit limit in section 490.121, 
72.34 	subdivision 22.

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

73.1 	Sec. 15. [357.42] DRUG COURT FEES.
73.2 	(a) When a court establishes a drug court process, the court may establish one or 
73.3 	more fees for services provided to defendants participating in the process.
73.4 	(b) In each fiscal year, the court shall deposit the drug court participation fees in 
73.5 	the special revenue fund and credit the fees to a separate account for the trial courts. 
73.6 	The balance in this account is appropriated to the trial courts and does not cancel but is 
73.7 	available until expended. Expenditures from this account must be made for drug court 
73.8 	purposes.

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

73.10 	Sec. 16. Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
73.11 		Subd. 2.Expense payments. A judge shall be paid travel and subsistence expenses 
73.12 	for travel from the judge's place of residence to and from the judge's permanent chambers 
73.13 	only for a period of two years after July 1, 1977, or the date the judge initially assumes 
73.14 	office, whichever is later as provided by Judicial Council policy.

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

73.16 	Sec. 17. Minnesota Statutes 2006, section 484.83, is amended to read:
73.17 	484.83 REINSTATEMENT OF FORFEITED SUMS.
73.18 		Subdivision 1.Abandonment of fees. All sums deposited with the court 
73.19 	administrator to cover fees shall be deemed abandoned if the fees are not disbursed or 
73.20 	the services covered by the fees are not performed and the person entitled to refund of 
73.21 	the fees does not file a written demand for refund with the court administrator within 
73.22 	six months from the date of trial, dismissal, or striking of the cause as to jury fees and 
73.23 	from the date of deposit as to other fees.
73.24 		Subd. 2.Bail forfeitures. Any bail not forfeited by court order shall be deemed 
73.25 	abandoned and forfeited if the person entitled to refund does not file a written demand 
73.26 	for refund with the court administrator within six months from the date when the person 
73.27 	became entitled to the refund.
73.28 		Subd. 3.Reinstated forfeited sums. A district court judge may order any sums 
73.29 	forfeited to be reinstated and the commissioner of finance shall then refund accordingly. 
73.30 	The commissioner of finance shall reimburse the court administrator if the court 
73.31 	administrator refunds the deposit upon a judge's order and obtains a receipt to be used 
73.32 	as a voucher.

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

74.2 	Sec. 18. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION 
74.3 	OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
74.4 		Subdivision 1.Abandonment of deposits and bail. (a) Any bail deposited with the 
74.5 	court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by 
74.6 	court order shall be deemed abandoned and forfeited if the person entitled to refund does 
74.7 	not file a written demand for refund with the court administrator within six months from 
74.8 	the date when the person became entitled to the refund.
74.9 	(b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated 
74.10 	for cause and the court administrator shall then refund accordingly. The receipting 
74.11 	municipality or subdivision of government shall reimburse the court administrator if the 
74.12 	court administrator refunds the deposit upon such an order and obtains a receipt to be 
74.13 	used as a voucher.
74.14 		Subd. 2.Disposition of forfeited sums. All sums collected on any bail, bond, or 
74.15 	recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth 
74.16 	Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the 
74.17 	support of the law library of the county. The receipt of the county treasurer to the court 
74.18 	administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds, 
74.19 	during any calendar year equal $2,500, all sums in excess of that amount shall be paid 
74.20 	to the municipality or subdivision of government in which the violation occurred. The 
74.21 	payments shall be made periodically but not before six months from the date of the order 
74.22 	for forfeiture. During that six-month period, but not thereafter, any judge may set aside 
74.23 	the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered 
74.24 	forfeited exists unless the forfeiture is not set aside within the six-month period. For the 
74.25 	purpose of determining when the $2,500 shall have accrued to the county law library, the 
74.26 	final forfeiture shall be deemed to occur at the end of the six-month period.

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

74.28 	Sec. 19. Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
74.29 		Subdivision 1.Summons and writ. (a) The state court administrator shall develop a 
74.30 	uniform form for the summons and writ of recovery of premises and order to vacate 
74.31 	may be substantially in the forms in paragraphs (b) and (c).
74.32 	(b)
74.33 	FORM OF SUMMONS

75.1	State of Minnesota ........) 
		
75.2	)
	ss.
	
75.3	County of ........) 
		
75.4 	Whereas, ..............., of ..........., has filed with the undersigned, a judge of county 
75.5 	stated, a complaint against ..............., of .........., a copy of which is attached: You 
75.6 	are hereby summoned to appear before the undersigned on the .......... day of .........., 
75.7 	year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint 
75.8 	and to further be dealt with according to law.

75.9		Dated at ........, this ........ day of ........, year ......
	
75.10		........, 
........	
75.11		Judge of ........court. 
........	
75.12 	(c)
75.13 	FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE

75.14	State of Minnesota ........) 
		
75.15	)
	ss.
	
75.16	County of ........)
		
75.17 	The State of Minnesota, to the Sheriff of the County:
75.18 	Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held 
75.19 	at ..............., in the county of ....................., on the ............... day of ..............., year 
75.20 	..............., before ..............., a judge of the county, recovered a judgment against ..............., 
75.21 	the ..............., to have recovery of the following premises (describe here the property 
75.22 	as in the complaint): ..................
75.23 	Therefore, you are commanded that, taking with you the force of the county, if 
75.24 	necessary, you cause ................. to be immediately removed from the premises, and the 
75.25 	plaintiff to recover the premises. You are also commanded that from the personal property 
75.26 	of ........................ within the county that you seize and sell, the plaintiff be paid ............ . 
75.27 	dollars, as the costs assessed against the defendant, together with 25 cents for this writ. 
75.28 	You are ordered to return this writ within 30 days. 

75.29		Dated at ....., this ..... day of ....., year ....
	
75.30		........, 
........	
75.31		Judge of  ........court. 
........	

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

75.33 	Sec. 20. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
75.34 		Subdivision 1.Permissive appointment of guardian ad litem. In all proceedings 
75.35 	for child custody or for dissolution or legal separation where custody or parenting time 
76.1 	with a minor child is in issue, the court may appoint a guardian ad litem from a panel 
76.2 	established by the court to represent the interests of the child. The guardian ad litem shall 
76.3 	advise the court with respect to custody, support, and parenting time.

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

76.5 	Sec. 21. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
76.6 		Subd. 2.Required appointment of guardian ad litem. In all proceedings for child 
76.7 	custody or for marriage dissolution or legal separation in which custody or parenting time 
76.8 	with a minor child is an issue, if the court has reason to believe that the minor child is a 
76.9 	victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
76.10 	and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian 
76.11 	ad litem shall represent the interests of the child and advise the court with respect to 
76.12 	custody, support, and parenting time. If the child is represented by a guardian ad litem in 
76.13 	any other pending proceeding, the court may appoint that guardian to represent the child 
76.14 	in the custody or parenting time proceeding. No guardian ad litem need be appointed if 
76.15 	the alleged domestic child abuse or neglect is before the court on a juvenile dependency 
76.16 	and neglect petition. Nothing in this subdivision requires the court to appoint a guardian 
76.17 	ad litem in any proceeding for child custody, marriage dissolution, or legal separation in 
76.18 	which an allegation of domestic child abuse or neglect has not been made. 

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

76.20 	Sec. 22. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
76.21 		Subd. 3.Income cap on determining basic support. (a) The basic support 
76.22 	obligation for parents with a combined parental income for determining child support in 
76.23 	excess of the income limit currently in effect under subdivision 2 must be the same dollar 
76.24 	amount as provided for the parties with a combined parental income for determining child 
76.25 	support equal to the income in effectlimit under subdivision 2.
76.26 	(b) A court may order a basic support obligation in a child support order in an 
76.27 	amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability 
76.28 	or other substantial, demonstrated need for the additional support for those reasons set 
76.29 	forth in section 518A.43 and that the additional support will directly benefit the child.
76.30 	(c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of 
76.31 	every even-numbered year to reflect cost-of-living changes. The Supreme Court must 
76.32 	select the index for the adjustment from the indices listed in section 518A.75, subdivision 
76.33 	1. The state court administrator must make the changes in the dollar amounts required 
77.1 	by this paragraph available to courts and the public on or before April 30 of the year in 
77.2 	which the amount is to change.

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

77.4 	Sec. 23. [540.19] NEGLIGENCE ACTIONS; INSURERS.
77.5 		Subdivision 1.Direct action. In any action for damages caused by negligence, 
77.6 	any insurer which:
77.7 	(1) has an interest in the outcome of the controversy adverse to the plaintiff or any 
77.8 	of the parties to the controversy;
77.9 	(2) by its policy of insurance assumes or reserves the right to control the prosecution, 
77.10 	defense, or settlement of the claim or action; or
77.11 	(3) by its policy agrees to prosecute or defend the action brought by plaintiff or any 
77.12 	of the parties to the action, or agrees to engage counsel to prosecute or defend the action 
77.13 	or agrees to pay the costs of the litigation, 
77.14 	is by this section made a proper party defendant in any action brought by plaintiff in this 
77.15 	state on account of any claim against the insured. If the policy of insurance was issued 
77.16 	or delivered outside this state, the insurer is by this subdivision made a proper party 
77.17 	defendant only if the accident, injury, or negligence occurred in this state.
77.18 		Subd. 2.Other parties; impleading. If an insurer is made a party defendant 
77.19 	pursuant to this section and it appears at any time before or during the trial that there is or 
77.20 	may be a cross issue between the insurer and the insured or any issue between any other 
77.21 	person and the insurer involving the question of the insurer's liability if judgment should 
77.22 	be rendered against the insured, the court may, upon motion of any defendant in the action, 
77.23 	cause the person who may be liable upon such cross issue to be made a party defendant 
77.24 	to the action and all the issues involved in the controversy determined in the trial of the 
77.25 	action or any third party may be impleaded. Nothing in this subdivision prohibits the trial 
77.26 	court from directing and conducting separate trials on the issue of liability to the plaintiff 
77.27 	or other party seeking affirmative relief and on the issue of whether the insurance policy in 
77.28 	question affords coverage. Any party may move for separate trials. If the court orders 
77.29 	separate trials, the court shall specify in its order the sequence in which the trials are to 
77.30 	be conducted.

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

77.33 	Sec. 24. Minnesota Statutes 2006, section 548.091, subdivision 1a, is amended to read:
78.1 		Subd. 1a.Child support judgment by operation of law. (a) Any payment or 
78.2 	installment of support required by a judgment or decree of dissolution or legal separation, 
78.3 	determination of parentage, an order under chapter 518C, an order under section 256.87, 
78.4 	or an order under section 260B.331 or 260C.331, that is not paid or withheld from the 
78.5 	obligor's income as required under section 518A.53, or which is ordered as child support 
78.6 	by judgment, decree, or order by a court in any other state, is a judgment by operation of 
78.7 	law on and after the date it is due, is entitled to full faith and credit in this state and any 
78.8 	other state, and shall be entered and docketed by the court administrator on the filing of 
78.9 	affidavits as provided in subdivision 2a. Except as otherwise provided by paragraph (b), 
78.10 	interest accrues from the date the unpaid amount due is greater than the current support 
78.11 	due at the annual rate provided in section 549.09, subdivision 1, plus two percent, not to 
78.12 	exceed an annual rate of 18 percent rate of six percent annually. A payment or installment 
78.13 	of support that becomes a judgment by operation of law between the date on which a party 
78.14 	served notice of a motion for modification under section 518A.39, subdivision 2, and the 
78.15 	date of the court's order on modification may be modified under that subdivision.
78.16 	(b) Notwithstanding the provisions of section 549.09, upon motion to the court and 
78.17 	upon proof by the obligor of 12 consecutive months of complete and timely payments 
78.18 	of both current support and court-ordered paybacks of a child support debt or arrearage, 
78.19 	the court may order interest on the remaining debt or arrearage to stop accruing. Timely 
78.20 	payments are those made in the month in which they are due. If, after that time, the obligor 
78.21 	fails to make complete and timely payments of both current support and court-ordered 
78.22 	paybacks of child support debt or arrearage, the public authority or the obligee may move 
78.23 	the court for the reinstatement of interest as of the month in which the obligor ceased 
78.24 	making complete and timely payments.
78.25 	The court shall provide copies of all orders issued under this section to the public 
78.26 	authority. The state court administrator shall prepare and make available to the court and 
78.27 	the parties forms to be submitted by the parties in support of a motion under this paragraph.
78.28 	(c) Notwithstanding the provisions of section 549.09, upon motion to the court, 
78.29 	the court may order interest on a child support debt or arrearage to stop accruing where 
78.30 	the court finds that the obligor is:
78.31 	(1) unable to pay support because of a significant physical or mental disability;
78.32 	(2) a recipient of Supplemental Security Income (SSI), Title II Older Americans 
78.33 	Survivor's Disability Insurance (OASDI), other disability benefits, or public assistance 
78.34 	based upon need; or
79.1 	(3) institutionalized or incarcerated for at least 30 days for an offense other than 
79.2 	nonsupport of the child or children involved, and is otherwise financially unable to pay 
79.3 	support.
79.4 	(d) If the conditions in paragraph (c) no longer exist, upon motion to the court, the 
79.5 	court may order interest accrual to resume retroactively from the date of service of the 
79.6 	motion to resume the accrual of interest.

79.7 	Sec. 25. Minnesota Statutes 2006, section 549.09, subdivision 1, is amended to read:
79.8 		Subdivision 1.When owed; rate. (a) When a judgment or award is for the recovery 
79.9 	of money, including a judgment for the recovery of taxes, interest from the time of 
79.10 	the verdict, award, or report until judgment is finally entered shall be computed by the 
79.11 	court administrator or arbitrator as provided in paragraph (c) and added to the judgment 
79.12 	or award.
79.13 	(b) Except as otherwise provided by contract or allowed by law, preverdict, 
79.14 	preaward, or prereport interest on pecuniary damages shall be computed as provided 
79.15 	in paragraph (c) from the time of the commencement of the action or a demand for 
79.16 	arbitration, or the time of a written notice of claim, whichever occurs first, except as 
79.17 	provided herein. The action must be commenced within two years of a written notice of 
79.18 	claim for interest to begin to accrue from the time of the notice of claim. If either party 
79.19 	serves a written offer of settlement, the other party may serve a written acceptance or a 
79.20 	written counteroffer within 30 days. After that time, interest on the judgment or award 
79.21 	shall be calculated by the judge or arbitrator in the following manner. The prevailing 
79.22 	party shall receive interest on any judgment or award from the time of commencement 
79.23 	of the action or a demand for arbitration, or the time of a written notice of claim, or as 
79.24 	to special damages from the time when special damages were incurred, if later, until the 
79.25 	time of verdict, award, or report only if the amount of its offer is closer to the judgment or 
79.26 	award than the amount of the opposing party's offer. If the amount of the losing party's 
79.27 	offer was closer to the judgment or award than the prevailing party's offer, the prevailing 
79.28 	party shall receive interest only on the amount of the settlement offer or the judgment or 
79.29 	award, whichever is less, and only from the time of commencement of the action or a 
79.30 	demand for arbitration, or the time of a written notice of claim, or as to special damages 
79.31 	from when the special damages were incurred, if later, until the time the settlement offer 
79.32 	was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers 
79.33 	and counteroffers. For the purposes of clause (2), the amount of settlement offer must 
79.34 	be allocated between past and future damages in the same proportion as determined by 
80.1 	the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict, 
80.2 	preaward, or prereport interest shall not be awarded on the following:
80.3 	(1) judgments, awards, or benefits in workers' compensation cases, but not including 
80.4 	third-party actions;
80.5 	(2) judgments or awards for future damages;
80.6 	(3) punitive damages, fines, or other damages that are noncompensatory in nature;
80.7 	(4) judgments or awards not in excess of the amount specified in section 491A.01; 
80.8 	and 
80.9 	(5) that portion of any verdict, award, or report which is founded upon interest, or 
80.10 	costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
80.11 	(c) The interest shall be computed as simple interest per annum. The rate of interest 
80.12 	shall be based on the secondary market yield of one year United States Treasury bills, 
80.13 	calculated on a bank discount basis as provided in this section.
80.14 	On or before the 20th day of December of each year the state court administrator 
80.15 	shall determine the rate from the one-year constant maturity treasury yield for the most 
80.16 	recent calendar month, reported on a monthly basis in the latest statistical release of the 
80.17 	board of governors of the Federal Reserve System. This yield, rounded to the nearest 
80.18 	one percent, or four ten percent, whichever is greater, shall be the annual interest rate 
80.19 	during the succeeding calendar year. Notwithstanding this section, the annual interest 
80.20 	rate applicable to child support judgments is established in section 548.091, subdivision 
80.21 	1a. The state court administrator shall communicate the interest rates to the court 
80.22 	administrators and sheriffs for use in computing the interest on verdicts and shall make 
80.23 	the interest rates available to arbitrators.
80.24 	When a judgment creditor, or the judgment creditor's attorney or agent, has received 
80.25 	a payment after entry of judgment, whether the payment is made voluntarily by or on 
80.26 	behalf of the judgment debtor, or is collected by legal process other than execution levy 
80.27 	where a proper return has been filed with the court administrator, the judgment creditor, 
80.28 	or the judgment creditor's attorney, before applying to the court administrator for an 
80.29 	execution shall file with the court administrator an affidavit of partial satisfaction. The 
80.30 	affidavit must state the dates and amounts of payments made upon the judgment after the 
80.31 	most recent affidavit of partial satisfaction filed, if any; the part of each payment that 
80.32 	is applied to taxable disbursements and to accrued interest and to the unpaid principal 
80.33 	balance of the judgment; and the accrued, but the unpaid interest owing, if any, after 
80.34 	application of each payment.
81.1 	(d) This section does not apply to arbitrations between employers and employees 
81.2 	under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from 
81.3 	awarding interest under chapter 179 or under section 179A.16 for essential employees.

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

81.5 	Sec. 26. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision 
81.6 	to read:
81.7 		Subd. 7a.Copy costs. The court administrator shall provide a person who is 
81.8 	proceeding in forma pauperis with copies of the person's court file without charge.

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

81.10 	Sec. 27. Minnesota Statutes 2006, section 590.05, is amended to read:
81.11 	590.05 INDIGENT PETITIONERS.
81.12 	A person financially unable to obtain counsel who desires to pursue the remedy 
81.13 	provided in section 590.01 may apply for representation by the state public defender. 
81.14 	The state public defender shall represent such person under the applicable provisions 
81.15 	of sections 611.14 to 611.27, if the person has not already had a direct appeal of the 
81.16 	conviction. If, however, the person pled guilty and received a presumptive sentence or a 
81.17 	downward departure in sentence, and the state public defender reviewed the person's case 
81.18 	and determined that there was no basis for an appeal of the conviction or of the sentence, 
81.19 	then the state public defender may decline to represent the person in a postconviction 
81.20 	remedy case. The state public defender may represent, without charge, all other persons 
81.21 	pursuing a postconviction remedy under section 590.01, who are financially unable 
81.22 	to obtain counsel.

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

81.24 	Sec. 28. [604.18] GOOD FAITH INSURANCE PRACTICES.
81.25 		Subdivision 1.Required conduct. (a) An insurer shall act in good faith in 
81.26 	connection with any matter involving a claim under an insurance policy.
81.27 	(b) An insurer does not act in good faith if the insurer delays or denies benefits 
81.28 	offered or paid without an objectively reasonable basis for its offer, delay, or denial. An 
81.29 	insurer also does not act in good faith if the insurer engages in any fraud, false pretense, 
81.30 	false promise, misrepresentation, misleading statement, or deceptive practice that others 
81.31 	rely on in connection with any matter involving a claim under an insurance policy.
82.1 	(c) For purposes of this section:
82.2 	(1) "insurance policy" means an insurance policy or contract issued, executed, 
82.3 	renewed, maintained, or delivered in this state, other than a workers' compensation 
82.4 	insurance policy or contract or other policy or contract of a health carrier as defined in 
82.5 	section 62A.011, or a policy issued by a township mutual fire insurance company or a 
82.6 	farmers mutual fire insurance company under the authority in chapter 67A; and
82.7 	(2) "insurer" means an insurance company: (i) incorporated or organized in this 
82.8 	state; or (ii) admitted to do business in this state but not incorporated or organized in 
82.9 	this state. The term does not include a political subdivision providing self-insurance or 
82.10 	establishing a pool under section 471.981, subdivision 3.
82.11 		Subd. 2.Penalties and remedies. A person violating subdivision 1 is acting against 
82.12 	the public interest and is liable to the injured party for costs, damages, and reasonable 
82.13 	attorney fees.
82.14 		Subd. 3.Insurance producers; liability limited. A licensed insurance producer 
82.15 	is not liable under this section for errors, acts, or omissions attributed to the insurer that 
82.16 	appointed the producer to transact business on its behalf, except to the extent the producer 
82.17 	has caused or contributed to the error, act, or omission.
82.18 		Subd. 4.Report to commissioner. An insurer shall promptly report to the 
82.19 	commissioner of commerce the date and disposition of every settlement and award against 
82.20 	the insurer for a violation of subdivision 1.

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

82.23 	Sec. 29. [604.19] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION.
82.24 		Subdivision 1.Definitions. (a) For purposes of this section the following terms 
82.25 	have the meanings given.
82.26 	(b) "Long-term consumption" means the cumulative effect of the consumption of 
82.27 	food or nonalcoholic beverages, and not the effect of a single instance of consumption.
82.28 	(c) "Party" means an individual, corporation, company, association, firm, partnership, 
82.29 	society, joint stock company, or any other entity, including any governmental entity.
82.30 		Subd. 2.Immunity from civil liability. A producer, grower, manufacturer, packer, 
82.31 	distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended 
82.32 	for human consumption, or an association of one or more of such entities, must not be 
82.33 	subject to civil liability based on any individual's or group of individuals' purchase or 
82.34 	consumption of food or nonalcoholic beverages in cases where liability arises from weight 
82.35 	gain, obesity, or a health condition associated with weight gain or obesity and resulting 
83.1 	from the individual's or group of individuals' long-term purchase or consumption of a 
83.2 	food or nonalcoholic beverage.
83.3 		Subd. 3.Actions permitted. Subdivision 2 does not apply to a claim of weight 
83.4 	gain or obesity that is based on:
83.5 	(1) a material violation of an adulteration or misbranding requirement prescribed 
83.6 	by state or federal statute, rule, or regulation and the claimed injury was proximately 
83.7 	caused by the violation; or
83.8 	(2) any other material violation of federal or state law applicable to the 
83.9 	manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the 
83.10 	violation is knowing and willful or negligent, and the claimed injury was proximately 
83.11 	caused by the violation.

83.12 	EFFECTIVE DATE. This section is effective the day following final enactment 
83.13 	and applies to any action brought by any party on or after the effective date.

83.14 	Sec. 30. Minnesota Statutes 2006, section 609.055, is amended to read:
83.15 	609.055 LIABILITY OF CHILDREN.
83.16 		Subdivision 1.General rule. Children under the age of 14 13 years are incapable of 
83.17 	committing crime.
83.18 		Subd. 2.Adult prosecution. (a) Except as otherwise provided in paragraph (b), 
83.19 	children of the age of 13 years may be prosecuted for a violent juvenile offense, as defined 
83.20 	in section 260B.007, subdivision 21, and children of the age of 14 years or over but under 
83.21 	18 years may be prosecuted for a felony offense, if the alleged violation is duly certified 
83.22 	for prosecution under the laws and court procedures controlling adult criminal violations 
83.23 	or may be designated an extended jurisdiction juvenile in accordance with the provisions 
83.24 	of chapter 260B. A child who is 16 years of age or older but under 18 years of age is 
83.25 	capable of committing a crime and may be prosecuted for a felony if:
83.26 	(1) the child has been previously certified on a felony charge pursuant to a hearing 
83.27 	under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a 
83.28 	hearing, or prosecuted pursuant to this subdivision; and 
83.29 	(2) the child was convicted of the felony offense or offenses for which the child was 
83.30 	prosecuted or of a lesser included felony offense.
83.31 	(b) A child who is alleged to have committed murder in the first degree after 
83.32 	becoming 16 years of age is capable of committing a crime and may be prosecuted for 
83.33 	the felony. This paragraph does not apply to a child alleged to have committed attempted 
83.34 	murder in the first degree after becoming 16 years of age.

84.1 	EFFECTIVE DATE. This section is effective August 1, 2007, and applies to 
84.2 	offenses committed on or after that date.

84.3 	Sec. 31. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
84.4 		Subd. 8.Fine and surcharge collection. (a) A defendant's obligation to pay 
84.5 	court-ordered fines, surcharges, court costs, restitution, and fees shall survive for a period 
84.6 	of six years from the date of the expiration of the defendant's stayed sentence for the 
84.7 	offense for which the fines, surcharges, court costs, restitution, and fees were imposed, or 
84.8 	six years from the imposition or due date of the fines, surcharges, court costs, restitution,
84.9 	and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's 
84.10 	stay of sentence imposition or execution.
84.11 	(b) The six-year period relating to a defendant's obligation to pay restitution under 
84.12 	paragraph (a) does not limit the victim's right to collect restitution through other means 
84.13 	such as a civil judgment.

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

84.15 	Sec. 32. Minnesota Statutes 2006, section 611.14, is amended to read:
84.16 	611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
84.17 	The following persons who are financially unable to obtain counsel are entitled to be 
84.18 	represented by a public defender:
84.19 	(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a 
84.20 	person charged under sections 629.01 to 629.29; 
84.21 	(2) a person appealing from a conviction of a felony or gross misdemeanor, or 
84.22 	a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction 
84.23 	proceeding and who has not already had a direct appeal of the conviction, but if the person 
84.24 	pled guilty and received a presumptive sentence or a downward departure in sentence, 
84.25 	and the state public defender reviewed the person's case and determined that there was no 
84.26 	basis for an appeal of the conviction or of the sentence, then the state public defender may 
84.27 	decline to represent the person in a postconviction remedy case;
84.28 	(3) a person who is entitled to be represented by counsel under section 609.14, 
84.29 	subdivision 2; or 
84.30 	(4) a minor ten years of age or older who is entitled to be represented by counsel 
84.31 	under section 260B.163, subdivision 4, or 260C.163, subdivision 3. 

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

85.1 	Sec. 33. Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:
85.2 		Subd. 6.Reimbursement schedule guidelines. In determining a defendant's 
85.3 	reimbursement schedule, the court may derive a specific dollar amount per month 
85.4 	by multiplying the defendant's net income by the percent indicated by the following 
85.5 	guidelines:

85.6
85.7	Net Income Per Month 
of Defendant
		Number of Dependents Not 
Including Defendant
				
85.8
85.9			4 or 
more
		3
		2
		1
		0
	
85.10
85.11	$200 and Below
		Percentage based on the ability of the defendant to 
pay as determined by the court.
	
85.12	$200 - 350
		8%
		9.5%
		11%
		12.5%
		14%
	
85.13	$351 - 500
		9%
		11%
		12.5%
		14%
		15%
	
85.14	$501 - 650
		10%
		12%
		14%
		15%
		17%
	
85.15	$651 - 800
		11%
		13.5%
		15.5%
		17%
		19%
	
85.16	$801 and above
		12%
		14.5%
		17%
		19%
		20%
	
85.17 	"Net income" shall have the meaning given it in section 518.551, subdivision 5. 

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

85.19 	Sec. 34. Minnesota Statutes 2006, section 611.215, subdivision 1, is amended to read:
85.20 		Subdivision 1.Structure; membership. (a) The State Board of Public Defense 
85.21 	is a part of, but is not subject to the administrative control of, the judicial branch of 
85.22 	government. The State Board of Public Defense shall consist of seven members including:
85.23 	(1) four attorneys admitted to the practice of law, well acquainted with the defense 
85.24 	of persons accused of crime, but not employed as prosecutors, appointed by the Supreme 
85.25 	Court; and
85.26 	(2) three public members appointed by the governor.
85.27 	After the expiration of the terms of persons appointed to the board before March 
85.28 	1, 1991, The appointing authorities may not appoint a person who is a judge to be a 
85.29 	member of the State Board of Public Defense, other than as a member of the ad hoc 
85.30 	Board of Public Defense.
85.31 	(b) All members shall demonstrate an interest in maintaining a high quality, 
85.32 	independent defense system for those who are unable to obtain adequate representation. 
85.33 	Appointments to the board shall include qualified women and members of minority 
85.34 	groups. At least three members of the board shall be from judicial districts other than the 
85.35 	First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal 
85.36 	of members shall be as provided in section 15.0575. The chair shall be elected by the 
85.37 	members from among the membership for a term of two years. 
86.1 	(c) In addition, the State Board of Public Defense shall consist of a nine-member ad 
86.2 	hoc board when considering the appointment of district public defenders under section 
86.3 	611.26, subdivision 2. The terms of chief district public defenders currently serving shall 
86.4 	terminate in accordance with the staggered term schedule set forth in section 611.26, 
86.5 	subdivision 2. 

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

86.7 	Sec. 35. Minnesota Statutes 2006, section 611.215, subdivision 1a, is amended to read:
86.8 		Subd. 1a.Chief administrator. The State Board of Public Defense, with the advice 
86.9 	of the state public defender, shall appoint a chief administrator who must be chosen 
86.10 	solely on the basis of training, experience, and other qualifications, and who will serve 
86.11 	at the pleasure of the state public defender State Board of Public Defense. The chief 
86.12 	administrator need not be licensed to practice law. The chief administrator shall attend all 
86.13 	meetings of the board, but may not vote, and shall:
86.14 	(1) enforce all resolutions, rules, regulations, or orders of the board;
86.15 	(2) present to the board and the state public defender plans, studies, and reports 
86.16 	prepared for the board's and the state public defender's purposes and recommend to the 
86.17 	board and the state public defender for adoption measures necessary to enforce or carry 
86.18 	out the powers and duties of the board and the state public defender, or to efficiently 
86.19 	administer the affairs of the board and the state public defender;
86.20 	(3) keep the board fully advised as to its financial condition, and prepare and submit 
86.21 	to the board its annual budget and other financial information as it may request;
86.22 	(4) recommend to the board the adoption of rules and regulations necessary for the 
86.23 	efficient operation of the board and its functions; and
86.24 	(5) perform other duties prescribed by the board and the state public defender.

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

86.26 	Sec. 36. Minnesota Statutes 2006, section 611.23, is amended to read:
86.27 	611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; 
86.28 	SALARY.
86.29 	The state public defender is responsible to the State Board of Public Defense. The 
86.30 	state public defender shall supervise the operation, activities, policies, and procedures 
86.31 	of the statewide public defender system. When requested by a district public defender 
86.32 	or appointed counsel, the state public defender may assist the district public defender, 
86.33 	appointed counsel, or an organization designated in section 611.216 in the performance 
87.1 	of duties, including trial representation in matters involving legal conflicts of interest or 
87.2 	other special circumstances, and assistance with legal research and brief preparation.
87.3 	The state public defender shall be appointed by the State Board of Public Defense for a 
87.4 	term of four years, except as otherwise provided in this section, and until a successor is 
87.5 	appointed and qualified. The state public defender shall be a full-time qualified attorney, 
87.6 	licensed to practice law in this state, serve in the unclassified service of the state, and 
87.7 	be removed only for cause by the appointing authority. Vacancies in the office shall be 
87.8 	filled by the appointing authority for the unexpired term. The salary of the state public 
87.9 	defender shall be fixed by the State Board of Public Defense but must not exceed the 
87.10 	salary of a district court judge. Terms of the state public defender shall commence on July 
87.11 	1. The state public defender shall devote full time to the performance of duties and shall 
87.12 	not engage in the general practice of law.

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

87.14 	Sec. 37. Minnesota Statutes 2006, section 611.24, is amended to read:
87.15 	611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF 
87.16 	OFFICE; ASSISTANTS.
87.17 	The state public defender shall supervise the operation, activities, policies and 
87.18 	procedures of the state public defender system. The state public defender shall employ or 
87.19 	retain assistant state public defenders, a chief administrator, a deputy state (a) Beginning 
87.20 	January 1, 2007, and for every four years after that date, the State Board of Public Defense 
87.21 	shall appoint a chief appellate public defender in charge of appellate services, who shall 
87.22 	employ or retain assistant state public defenders and other personnel as may be necessary 
87.23 	to discharge the functions of the office. The chief appellate public defender shall serve a 
87.24 	four-year term and may be removed only for cause upon the order of the State Board of 
87.25 	Public Defense. The chief appellate public defender shall be a full-time qualified attorney, 
87.26 	licensed to practice law in this state, and serve in the unclassified service of the state. 
87.27 	Vacancies in the office shall be filled by the appointing authority for the unexpired term.
87.28 	(b) An assistant state public defender shall be a qualified attorney, licensed to 
87.29 	practice law in this state, serve in the unclassified service of the state if employed, and 
87.30 	serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed 
87.31 	reasonable compensation for comparable services performed for other governmental 
87.32 	agencies or departments. Retained or part-time employed assistant state public defenders 
87.33 	may engage in the general practice of law. The compensation of the chief appellate public 
87.34 	defender and the compensation of each assistant state public defender shall be set by the 
88.1 	State Board of Public Defense. The chief appellate public defender shall devote full time 
88.2 	to the performance of duties and shall not engage in the general practice of law.
88.3 	(c) The incumbent deputy state public defender as of December 31, 2006, shall be 
88.4 	appointed as the chief appellate public defender for the four-year term beginning on 
88.5 	January 1, 2007.

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

88.7 	Sec. 38. Minnesota Statutes 2006, section 611.25, subdivision 1, is amended to read:
88.8 		Subdivision 1.Representation. (a) The state chief appellate public defender shall 
88.9 	represent, without charge:
88.10 	(1) a defendant or other person appealing from a conviction of a felony or gross 
88.11 	misdemeanor;
88.12 	(2) a person convicted of a felony or gross misdemeanor who is pursuing a 
88.13 	postconviction proceeding and who has not already had a direct appeal of the conviction, 
88.14 	but if the person pled guilty and received a presumptive sentence or a downward departure 
88.15 	in sentence, and the state public defender reviewed the person's case and determined that 
88.16 	there was no basis for an appeal of the conviction or of the sentence, then the state public 
88.17 	defender may decline to represent the person in a postconviction remedy case; and
88.18 	(3) a child who is appealing from a delinquency adjudication or from an extended 
88.19 	jurisdiction juvenile conviction.
88.20 	(b) The state chief appellate public defender may represent, without charge, all other 
88.21 	persons pursuing a postconviction remedy under section 590.01, who are financially 
88.22 	unable to obtain counsel. 
88.23 	(c) The state public defender shall represent any other person, who is financially 
88.24 	unable to obtain counsel, when directed to do so by the Supreme Court or the Court of 
88.25 	Appeals, except that The state chief appellate public defender shall not represent a person 
88.26 	in any action or proceeding in which a party is seeking a monetary judgment, recovery or 
88.27 	award. When requested by a district public defender or appointed counsel, the state public 
88.28 	defender may assist the district public defender, appointed counsel, or an organization 
88.29 	designated in section 611.216 in the performance of duties, including trial representation in 
88.30 	matters involving legal conflicts of interest or other special circumstances, and assistance 
88.31 	with legal research and brief preparation. When the state public defender is directed by a 
88.32 	court to represent a defendant or other person, the state public defender may assign the 
88.33 	representation to any district public defender.

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

89.1 	Sec. 39. Minnesota Statutes 2006, section 611.26, subdivision 2, is amended to read:
89.2 		Subd. 2.Appointment; terms. The state Board of Public Defense shall appoint a 
89.3 	chief district public defender for each judicial district. When appointing a chief district 
89.4 	public defender, the state Board of Public Defense membership shall be increased to 
89.5 	include two residents of the district appointed by the chief judge of the district to reflect 
89.6 	the characteristics of the population served by the public defender in that district. The 
89.7 	additional members shall serve only in the capacity of selecting the district public 
89.8 	defender. The ad hoc state Board of Public Defense shall appoint a chief district public 
89.9 	defender only after requesting and giving reasonable time to receive any recommendations 
89.10 	from the public, the local bar association, and the judges of the district. Each chief district 
89.11 	public defender shall be a qualified attorney licensed to practice law in this state. The chief 
89.12 	district public defender shall be appointed for a term of four years, beginning January 1, 
89.13 	pursuant to the following staggered term schedule: (1) in 2000 2008, the second and 
89.14 	eighth districts; (2) in 2001 2009, the first, third, fourth, and tenth districts; (3) in 2002
89.15 	2010, the fifth and ninth districts; and (4) in 1999 2011, the sixth and seventh districts. 
89.16 	The chief district public defenders shall serve for four-year terms and may be removed for 
89.17 	cause upon the order of the state Board of Public Defense. Vacancies in the office shall 
89.18 	be filled by the appointing authority for the unexpired term. The chief district public 
89.19 	defenders shall devote full time to the performance of duties and shall not engage in the 
89.20 	general practice of law.

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

89.22 	Sec. 40. Minnesota Statutes 2006, section 611.26, subdivision 7, is amended to read:
89.23 		Subd. 7.Other employment. Chief district public defenders and Assistant district 
89.24 	public defenders may engage in the general practice of law where not employed on a 
89.25 	full-time basis.

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

89.27 	Sec. 41. Minnesota Statutes 2006, section 611.27, subdivision 3, is amended to read:
89.28 		Subd. 3.Transcript use. If the state chief appellate public defender or a district 
89.29 	public defender deems it necessary to make a motion for a new trial, to take an appeal, 
89.30 	or other postconviction proceedings in order to properly represent a defendant or other 
89.31 	person whom that public defender had been directed to represent, that public defender 
89.32 	may use the transcripts of the testimony and other proceedings filed with the court 
89.33 	administrator of the district court as provided by section 243.49.

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

90.2 	Sec. 42. Minnesota Statutes 2006, section 611.27, subdivision 13, is amended to read:
90.3 		Subd. 13.Public defense services; correctional facility inmates. All billings for 
90.4 	services rendered and ordered under subdivision 7 shall require the approval of the chief 
90.5 	district public defender before being forwarded on a monthly basis to the state public 
90.6 	defender. In cases where adequate representation cannot be provided by the district public 
90.7 	defender and where counsel has been appointed under a court order, the state public 
90.8 	defender shall forward to the commissioner of finance all billings for services rendered 
90.9 	under the court order. The commissioner shall pay for services from county criminal 
90.10 	justice aid retained by the commissioner of revenue for that purpose under section 
90.11 	477A.0121, subdivision 4, or from county program aid retained by the commissioner of 
90.12 	revenue for that purpose under section 477A.0124, subdivision 1, clause (4), or 477A.03, 
90.13 	subdivision 2b, paragraph (a). 
90.14 	The costs of appointed counsel and associated services in cases arising from new 
90.15 	criminal charges brought against indigent inmates who are incarcerated in a Minnesota 
90.16 	state correctional facility are the responsibility of the state Board of Public Defense. In 
90.17 	such cases the state public defender may follow the procedures outlined in this section for 
90.18 	obtaining court-ordered counsel.

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

90.20 	Sec. 43. Minnesota Statutes 2006, section 611.27, subdivision 15, is amended to read:
90.21 		Subd. 15.Costs of transcripts. In appeal cases and postconviction cases where the 
90.22 	state appellate public defender's office does not have sufficient funds to pay for transcripts 
90.23 	and other necessary expenses because it has spent or committed all of the transcript funds 
90.24 	in its annual budget, the state public defender may forward to the commissioner of finance 
90.25 	all billings for transcripts and other necessary expenses. The commissioner shall pay for 
90.26 	these transcripts and other necessary expenses from county criminal justice aid retained 
90.27 	by the commissioner of revenue under section 477A.0121, subdivision 4, or from county 
90.28 	program aid retained by the commissioner of revenue for that purpose under section 
90.29 	477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a). 

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

91.1 	Sec. 44. Minnesota Statutes 2006, section 611.35, is amended to read:
91.2 	611.35 REIMBURSEMENT OF PUBLIC DEFENDER AND APPOINTIVE
91.3 	APPOINTED COUNSEL.
91.4 		Subdivision 1.Reimbursement; civil obligation. Any person who is represented 
91.5 	by a public defender or appointive appointed counsel shall, if financially able to pay, 
91.6 	reimburse the governmental unit chargeable with the compensation of such public 
91.7 	defender or appointive appointed counsel for the actual costs to the governmental unit in 
91.8 	providing the services of the public defender or appointive appointed counsel. The court in 
91.9 	hearing such matter shall ascertain the amount of such costs to be charged to the defendant 
91.10 	and shall direct reimbursement over a period of not to exceed six months, unless the court 
91.11 	for good cause shown shall extend the period of reimbursement. If a term of probation is 
91.12 	imposed as a part of a sentence, reimbursement of costs as required by this chapter must 
91.13 	not be made a condition of probation. Reimbursement of costs as required by this chapter 
91.14 	is a civil obligation and must not be made a condition of a criminal sentence.
91.15 		Subd. 2.Civil action. The county attorney may commence a civil action to recover 
91.16 	such cost remaining unpaid at the expiration of six months unless the court has extended 
91.17 	the reimbursement period and shall, if it appears that such recipient of public defender or 
91.18 	appointive appointed counsel services is about to leave the jurisdiction of the court or sell 
91.19 	or otherwise dispose of assets out of which reimbursement may be obtained, commence 
91.20 	such action forthwith. The county attorney may compromise and settle any claim for 
91.21 	reimbursement with the approval of the court which heard the matter. No determination or 
91.22 	action shall be taken later than two years after the termination of the duties of the public 
91.23 	defender or appointive appointed counsel.

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

91.25 	Sec. 45. Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to 
91.26 	read:

91.27	Sec. 4.DISTRICT COURTS
 	$
	118,470,000
	$
	128,842,000
	
91.28 	Carlton County Extraordinary Expenses.
91.29 	$300,000 the first year is to reimburse 
91.30 	Carlton county for extraordinary expenses 
91.31 	related to homicide trials. This is a onetime 
91.32 	appropriation.
91.33 	New Judge Units. $774,000 the first year 
91.34 	and $1,504,000 the second year are for an 
92.1 	increase in judgeship units, including one 
92.2 	trial court judge unit beginning October 1, 
92.3 	2001, in the tenth judicial district, one trial 
92.4 	court judge unit beginning April 1, 2002, in 
92.5 	the third judicial district, one trial court judge 
92.6 	unit beginning July 1, 2002, in the tenth 
92.7 	judicial district, one trial court judge unit 
92.8 	beginning January 1, 2003, in the seventh 
92.9 	judicial district, and one trial court judge 
92.10 	unit beginning January 1, 2003, in the first 
92.11 	judicial district. Each judge unit consists of a 
92.12 	judge, law clerk, and court reporter.
92.13 	Alternative Dispute Resolution Programs.
92.14 	A portion of this appropriation may be 
92.15 	used for the alternative dispute resolution 
92.16 	programs authorized by article 5, section 18.
92.17 	Supplemental Funding for Certain 
92.18 	Mandated Costs. $4,533,000 the first 
92.19 	year and $6,032,000 the second year are to 
92.20 	supplement funding for guardians ad litem, 
92.21 	interpreters, rule 20 and civil commitment 
92.22 	examinations, and in forma pauperis costs in 
92.23 	the fifth, seventh, eighth, and ninth judicial 
92.24 	districts.
92.25 	Trial Court Infrastructure Staff. $684,000 
92.26 	the first year and $925,000 the second year 
92.27 	are for infrastructure staff.
92.28 	Court Effectiveness Initiatives; 
92.29 	Community Courts and Screener 
92.30 	Collectors. $835,000 the first year and 
92.31 	$765,000 the second year are for court 
92.32 	effectiveness initiatives. Of this amount, 
92.33 	$125,000 each year is for continued funding 
92.34 	of the community court in the fourth judicial 
92.35 	district and $125,000 each year is for 
93.1 	continued funding of the community court 
93.2 	in the second judicial district. These are 
93.3 	onetime appropriations.
93.4 	The second judicial district and fourth 
93.5 	judicial district shall each report quarterly to 
93.6 	the chairs and ranking minority members of 
93.7 	the legislative committees and divisions with 
93.8 	jurisdiction over criminal justice funding on:
93.9 	(1) how money appropriated for this initiative 
93.10 	was spent; and
93.11 	(2) the cooperation of other criminal justice 
93.12 	agencies and county units of government in 
93.13 	the community courts' efforts.
93.14 	The first report is due on October 1, 2001. 
93.15 	None of this appropriation may be used 
93.16 	for the purpose of complying with these 
93.17 	reporting requirements.
93.18 	Of this amount, $585,000 the first year and 
93.19 	$515,000 the second year are for screener 
93.20 	collector programs.
93.21 	The fifth, seventh, and ninth judicial district 
93.22 	courts shall implement screener collector 
93.23 	programs to enhance the collection of 
93.24 	overdue fine revenue by at least ten percent in 
93.25 	each location serviced by a screener collector. 
93.26 	By August 15, 2002, and annually thereafter, 
93.27 	the state court administrator shall report to 
93.28 	the chairs and ranking minority members 
93.29 	of the house of representatives and senate 
93.30 	committees with jurisdiction over criminal 
93.31 	justice policy and funding issues on the total 
93.32 	amount of fines collected, the amount of 
93.33 	overdue fines collected for the two preceding 
93.34 	fiscal years, and the expenditures associated 
93.35 	with the screener collector program.
94.1 	Ninth District County and Support Pilot 
94.2 	Projects. Up to $99,000 each year may 
94.3 	be used for the ninth judicial district to 
94.4 	implement the pilot projects on the six-month 
94.5 	review of child custody, parenting time, and 
94.6 	support orders, and on the accounting for 
94.7 	child support by obligees.

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

94.9 	Sec. 46. Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to 
94.10 	read:

94.11	Sec. 2.SUPREME COURT
 	$
	38,806,000
	$
	36,439,000
	
94.12 	Report on Court Fees. The state court 
94.13 	administrator shall review and report back 
94.14 	on the financial consequences of policy 
94.15 	changes made in the following areas: (1) 
94.16 	criminal and traffic offender surcharges; (2) 
94.17 	public defender co-pays; and (3) the use 
94.18 	of revenue recapture to collect the public 
94.19 	defender co-pay. The report shall also list 
94.20 	the local governmental units that employ 
94.21 	administrative procedures to collect fines 
94.22 	for ordinance violations. The state court 
94.23 	administrator must submit the report to the 
94.24 	chairs and ranking minority members on the 
94.25 	committees that have jurisdiction over court 
94.26 	funding by January 15 of each year.
94.27 	$5,000 each year is for a contingent account 
94.28 	for expenses necessary for the normal 
94.29 	operation of the court for which no other 
94.30 	reimbursement is provided.
94.31 	Legal Services to Low-Income Clients in 
94.32 	Family Law Matters. Of this appropriation, 
94.33 	$877,000 each year is to improve the 
94.34 	access of low-income clients to legal 
95.1 	representation in family law matters. This 
95.2 	appropriation must be distributed under 
95.3 	Minnesota Statutes, section 480.242, to 
95.4 	the qualified legal services programs 
95.5 	described in Minnesota Statutes, section 
95.6 	480.242, subdivision 2, paragraph (a). Any 
95.7 	unencumbered balance remaining in the first 
95.8 	year does not cancel and is available in the 
95.9 	second year.
95.10 	Of this appropriation, $355,000 in fiscal 
95.11 	year 2005 is for the implementation of 
95.12 	the Minnesota Child Support Act and is 
95.13 	contingent upon its enactment. This is a 
95.14 	onetime appropriation.

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

95.16 	Sec. 47. PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
 95.17 	The State Board of Public Defense and the Hennepin County Board of 
95.18 	Commissioners shall jointly prepare a report to the legislature on the history of the 
95.19 	funding of the public defender's office in the Fourth Judicial District provided by the state 
95.20 	and Hennepin County. The report must compare the costs and services provided by the 
95.21 	Fourth Judicial District Public Defender's Office to the costs and services provided by the 
95.22 	state Board of Public Defense in all other public defender district offices. The report must 
95.23 	detail the amount of funding provided by Hennepin County to the Fourth Judicial District 
95.24 	Public Defender's Office and the amount necessary for the state to assume the full costs of 
95.25 	the public defender duties in the Fourth Judicial District as in the other judicial districts 
95.26 	throughout the state. The report must also recommend specific legislation that would 
95.27 	provide for an appropriate resolution of the state and local funding of the Fourth Judicial 
95.28 	District Public Defender's Office. The report must be completed by October 1, 2007, and 
95.29 	be submitted to the commissioner of finance, the chairs and ranking minority members of 
95.30 	the senate and house committees and divisions with jurisdiction over finance, judiciary, 
95.31 	judiciary finance, and public safety finance, and the house Ways and Means Committee.

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

95.33 	Sec. 48. REPORT.
 96.1 	The commissioner of commerce shall monitor compliance with the good faith 
96.2 	obligations of insurers imposed by Minnesota Statutes, section 604.18 and prepare a 
96.3 	compliance report and submit it to the house and senate standing committees with 
96.4 	jurisdiction over insurance matters on January 1 of each year. The commissioner shall 
96.5 	also submit a copy of the report to the state court administrator to assist the administrator 
96.6 	in monitoring the impact on the state court system of the enactment of Minnesota 
96.7 	Statutes, section 604.18. The report must also include the information received by the 
96.8 	commissioner under Minnesota Statutes, section 604.18, subdivision 3.

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

96.10 	Sec. 49.  REPEALER.
 96.11 	Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; and 611.20, 
96.12 	subdivision 5, are repealed.

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

96.14 	ARTICLE 6
96.15 	CORRECTIONS

96.16 	Section 1. Minnesota Statutes 2006, section 16A.72, is amended to read:
96.17 	16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
96.18 	All income, including fees or receipts of any nature, shall be credited to the general 
96.19 	fund, except:
96.20 	(1) federal aid;
96.21 	(2) contributions, or reimbursements received for any account of any division or 
96.22 	department for which an appropriation is made by law;
96.23 	(3) income to the University of Minnesota;
96.24 	(4) income to revolving funds now established in institutions under the control of the 
96.25 	commissioners of corrections or human services;
96.26 	(5) investment earnings resulting from the master lease program, except that the 
96.27 	amount credited to another fund or account may not exceed the amount of the additional 
96.28 	expense incurred by that fund or account through participation in the master lease program;
96.29 	(6) investment earnings resulting from any gift, donation, devise, endowment, trust, 
96.30 	or court ordered or approved escrow account or trust fund, which should be credited to the 
96.31 	fund or account and appropriated for the purpose for which it was received;
96.32 	(7) receipts from the operation of patients' and inmates' stores and patients' vending 
96.33 	machines, which shall be deposited in the social welfare fund, or in the case of prison 
97.1 	industries in the correctional revolving fund, in each institution for the benefit of the 
97.2 	patients and inmates;
97.3 	(8) money received in payment for services of inmate labor employed in the 
97.4 	industries carried on in the state correctional facilities which receipts shall be credited to 
97.5 	the current expense fund of those facilities income to prison industries which shall be 
97.6 	credited to the correctional industries revolving fund;
97.7 	(9) as provided in sections 16B.57 and 85.22; 
97.8 	(10) income to the Minnesota Historical Society;
97.9 	(11) the percent of income collected by a private collection agency and retained by 
97.10 	the collection agency as its collection fee; or
97.11 	(12) as otherwise provided by law.

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

97.13 	Sec. 2. Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:
97.14 		Subd. 2.Public entities; purchases from corrections industries. (a) The 
97.15 	commissioner of corrections, in consultation with the commissioner of administration, 
97.16 	shall prepare updated lists of the items available for purchase from Department of 
97.17 	Corrections industries and annually forward a copy of the most recent list to all public 
97.18 	entities within the state. A public entity that is supported in whole or in part with funds 
97.19 	from the state treasury may purchase items directly from corrections industries. The bid 
97.20 	solicitation process is not required for these purchases.
97.21 	(b) The commissioner of administration shall develop a contract or contracts 
97.22 	to enable public entities to purchase items directly from corrections industries. The 
97.23 	commissioner of administration, in consultation with the commissioner of corrections, 
97.24 	shall determine the fair market price for listed items. The commissioner of administration 
97.25 	shall require that all requests for bids or proposals, for items provided by corrections 
97.26 	industries, be forwarded to the commissioner of corrections to enable corrections industries 
97.27 	to submit bids. The commissioner of corrections shall consult with the commissioner of 
97.28 	administration prior to introducing new products to the state agency market.
97.29 	(c) No public entity may evade the intent of this section by adopting slight variations 
97.30 	in specifications, when Minnesota corrections industry items meet the reasonable needs 
97.31 	and specifications of the public entity.
97.32 	(d) The commissioners of administration and corrections shall develop annual 
97.33 	performance measures outlining goals to maximize inmate work program participation. 
97.34 	The commissioners of administration and corrections shall appoint cochairs for a task 
97.35 	force whose purpose is to determine additional methods to achieve the performance 
98.1 	goals for public entity purchasing. The task force shall include representatives from the 
98.2 	Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and 
98.3 	Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association 
98.4 	of Counties, and administrators with purchasing responsibilities from the Minnesota state 
98.5 	Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources, 
98.6 	Human Services, Health, and Employment and Economic Development. Notwithstanding 
98.7 	section 15.059, the task force created in this paragraph expires on June 30, 2003.
98.8 	(e) If performance goals for public entity purchasing are not achieved in two 
98.9 	consecutive fiscal years, public entities shall purchase items available from corrections 
98.10 	industries. The commissioner of administration shall be responsible for notifying public 
98.11 	entities of this requirement.

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

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

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

98.20 	Sec. 4. Minnesota Statutes 2006, section 241.018, is amended to read:
98.21 	241.018 PER DIEM CALCULATION.
98.22 		Subdivision 1.State correctional facilities. (a) The commissioner of corrections 
98.23 	shall develop a uniform method to calculate the average department-wide per diem cost 
98.24 	of incarcerating offenders at state adult correctional facilities. In addition to other costs 
98.25 	currently factored into the per diem, it must include an appropriate percentage of capitol 
98.26 	costs for all adult correctional facilities and 65 percent of the department's management 
98.27 	services budget.
98.28 	(b) The commissioner also shall use this method of calculating per diem costs 
98.29 	for offenders in each state adult correctional facility. When calculating the per diem 
98.30 	cost of incarcerating offenders at a particular facility, the commissioner shall include 
98.31 	an appropriate percentage of capital costs for the facility and an appropriate prorated 
98.32 	amount, given the facility's population, of 65 percent of the department's management 
98.33 	services budget.
99.1 	(c) The commissioner shall ensure that these new per diem methods are used in 
99.2 	all future annual performance reports to the legislature and are also reflected in the 
99.3 	department's biennial budget document.
99.4 		Subd. 2.Local correctional facilities. (a) The commissioner of corrections shall 
99.5 	develop a uniform method to calculate the average per diem cost of incarcerating offenders 
99.6 	in county and regional jail facilities licensed by the commissioner under section 241.021, 
99.7 	subdivision 1, paragraph (a).
99.8 	(b) Each county and regional jail in the state must annually provide the commissioner 
99.9 	with a per diem calculation based on the formula the commissioner promulgates pursuant 
99.10 	to paragraph (a).
99.11 	(c) The commissioner shall include the county and regional jail per diem data 
99.12 	collected under paragraph (b) in the Department of Correction's annual performance report 
99.13 	to the legislature mandated by section 241.016.

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

99.15 	Sec. 5. Minnesota Statutes 2006, section 241.27, subdivision 1, is amended to read:
99.16 		Subdivision 1.Establishment of Minnesota correctional industries; MINNCOR 
99.17 	industries. For the purpose of providing adequate, regular and suitable employment, 
99.18 	vocationaleducational training, and to aid the inmates of state correctional facilities, 
99.19 	the commissioner of corrections may establish, equip, maintain and operate at any 
99.20 	correctional facility under the commissioner's control such industrial and commercial 
99.21 	activities as may be deemed necessary and suitable to the profitable employment, 
99.22 	vocationaleducational training and development of proper work habits of the inmates of 
99.23 	state correctional facilities. The industrial and commercial activities authorized by this 
99.24 	section are designated MINNCOR industries and shall be for the primary purpose of 
99.25 	sustaining and ensuring MINNCOR industries' self-sufficiency, providing vocational
99.26 	educational training, meaningful employment and the teaching of proper work habits to 
99.27 	the inmates of correctional facilities under the control of the commissioner of corrections, 
99.28 	and not solely as competitive business ventures. The net profits from these activities shall 
99.29 	be used for the benefit of the inmates as it relates to education, self-sufficiency skills, and 
99.30 	transition services and not to fund non-inmate-related activities or mandates. Prior to the 
99.31 	establishment of any industrial and commercial activity, the commissioner of corrections 
99.32 	may consult with representatives of business, industry, organized labor, the state 
99.33 	Department of Education, the state Apprenticeship Council, the state Department of Labor 
99.34 	and Industry, the Department of Employment Security, the Department of Administration, 
99.35 	and such other persons and bodies as the commissioner may feel are qualified to determine 
100.1 	the quantity and nature of the goods, wares, merchandise and services to be made or 
100.2 	provided, and the types of processes to be used in their manufacture, processing, repair, 
100.3 	and production consistent with the greatest opportunity for the reform and vocational
100.4 	educational training of the inmates, and with the best interests of the state, business, 
100.5 	industry and labor.
100.6 	The commissioner of corrections shall, at all times in the conduct of any industrial 
100.7 	or commercial activity authorized by this section, utilize inmate labor to the greatest 
100.8 	extent feasible, provided, however, that the commissioner may employ all administrative, 
100.9 	supervisory and other skilled workers necessary to the proper instruction of the inmates 
100.10 	and the profitable and efficient operation of the industrial and commercial activities 
100.11 	authorized by this section.
100.12 	Additionally, the commissioner of corrections may authorize the director of any 
100.13 	correctional facility under the commissioner's control to accept work projects from outside 
100.14 	sources for processing, fabrication or repair, provided that preference shall be given to the 
100.15 	performance of such work projects for state departments and agencies.

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

100.17 	Sec. 6. Minnesota Statutes 2006, section 241.27, subdivision 2, is amended to read:
100.18 		Subd. 2.Revolving fund; use of fund. There is established in the Department 
100.19 	of Corrections under the control of the commissioner of corrections the Minnesota 
100.20 	correctional industries revolving fund to which shall be transferred the revolving funds 
100.21 	authorized in Minnesota Statutes 1978, sections 243.41 and 243.85, clause (f), and any 
100.22 	other industrial revolving funds heretofore established at any state correctional facility 
100.23 	under the control of the commissioner of corrections. The revolving fund established 
100.24 	shall be used for the conduct of the industrial and commercial activities now or hereafter 
100.25 	established at any state correctional facility, including but not limited to the purchase of 
100.26 	equipment, raw materials, the payment of salaries, wages and other expenses necessary 
100.27 	and incident thereto. The purchase of services, materials, and commodities used in and 
100.28 	held for resale are not subject to the competitive bidding procedures of section 16C.06, but 
100.29 	are subject to all other provisions of chapters 16B and 16C, unless otherwise identified. 
100.30 	When practical, purchases must be made from small targeted group businesses designated 
100.31 	under section 16C.16. Additionally, the expenses of inmate vocational educational
100.32 	training, self-sufficiency skills, transition services, and the inmate release fund may be 
100.33 	financed from the correctional industries revolving fund in an amount to be determined 
100.34 	by the commissioner or the MINNCOR chief executive officer as duly appointed by the 
100.35 	commissioner. The proceeds and income from all industrial and commercial activities 
101.1 	conducted at state correctional facilities shall be deposited in the correctional industries 
101.2 	revolving fund subject to disbursement as hereinabove provided. The commissioner of 
101.3 	corrections may request that money in the fund be invested pursuant to section 11A.25; 
101.4 	the proceeds from the investment not currently needed shall be accounted for separately 
101.5 	and credited to the fund. 

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

101.7 	Sec. 7. Minnesota Statutes 2006, section 241.27, subdivision 3, is amended to read:
101.8 		Subd. 3.Disbursement from fund. The correctional industries revolving fund 
101.9 	shall be deposited in the state treasury and paid out only on proper vouchers as may be 
101.10 	authorized and approved by the commissioner of corrections, and in the same manner and 
101.11 	under the same restrictions as are now provided by law for the disbursement of funds by 
101.12 	the commissioner. An amount deposited in the state treasury equal to six months of net 
101.13 	operating cash as determined by the prior 12 months of revenue and cash flow statements, 
101.14 	shall be restricted for use only by correctional industries as described under subdivision 
101.15 	2. For purposes of this subdivision, "net operating cash" means net income minus sales 
101.16 	plus cost of goods sold. Cost of goods sold include all direct costs of correctional industry 
101.17 	products attributable to their production. The commissioner of corrections is authorized 
101.18 	to keep and maintain at any correctional facility under the commissioner's control a 
101.19 	contingent fund, as provided in section 241.13; but the contingent fund shall at all times 
101.20 	be covered and protected by a proper and sufficient bond to be duly approved as by law 
101.21 	now provided. 

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

101.23 	Sec. 8. Minnesota Statutes 2006, section 241.27, subdivision 4, is amended to read:
101.24 		Subd. 4.Revolving fund; borrowing. The commissioner of corrections is 
101.25 	authorized, when in the commissioner's judgment it becomes necessary in order to meet 
101.26 	current demands on the correctional industries revolving fund, to borrow sums of money 
101.27 	as may be necessary. The sums so borrowed shall not exceed, in any one year, 50 percent 
101.28 	of the total of the net worth of correctional industries six months of net operating cash as 
101.29 	determined by the previous 12 months of the correctional industries' revenue and cash 
101.30 	flow statements.
101.31 	When the commissioner of corrections shall certify to the commissioner of finance 
101.32 	that, in the commissioner's judgment, it is necessary to borrow a specified sum of money 
101.33 	in order to meet the current demands on the correctional industries revolving fund, and the 
102.1 	commissioner of finance may, in the commissioner's discretion, transfer and credit to the 
102.2 	correctional industries revolving fund, from any moneys in the state treasury not required 
102.3 	for immediate disbursement, the whole or such part of the amount so certified as they 
102.4 	deem advisable, which sum so transferred shall be repaid by the commissioner from the 
102.5 	revolving fund to the fund from which transferred, at such time as shall be specified by the 
102.6 	commissioner of finance, together with interest thereon at such rate as shall be specified 
102.7 	by the commissioner of finance, not exceeding four percent per annum. When any transfer 
102.8 	shall so have been made to the correctional industries revolving fund, the commissioner 
102.9 	of finance shall notify the commissioner of corrections of the amount so transferred to 
102.10 	the credit of the correctional industries revolving fund, the date when the same is to be 
102.11 	repaid, and the rate of interest so to be paid.

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

102.13 	Sec. 9. Minnesota Statutes 2006, section 241.278, is amended to read:
102.14 	241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY 
102.15 	JAIL INMATES.
102.16 	The commissioner of corrections, in the interest of inmate rehabilitation or to 
102.17 	promote programs under section 241.275, subdivision 2, may enter into interagency 
102.18 	agreements with state, county, or municipal agencies, or contract with nonprofit agencies 
102.19 	to manage, fund, or partially fund the cost of programs that use state or county jail 
102.20 	inmates as a work force. The commissioner is authorized to receive funds via these 
102.21 	agreements and these funds are appropriated to the commissioner for community service 
102.22 	programming or when prison industries are party to the agreement, shall be deposited in 
102.23 	the Minnesota correctional industries revolving fund for use as described under section 
102.24 	241.27, subdivision 2.

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

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

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

103.1 	Sec. 11. Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
103.2 		Subd. 4.Commitment. If the examining licensed mental health care professional or 
103.3 	licensed mental health professional finds the person to be a person who is mentally ill and 
103.4 	in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision 
103.5 	3 refuses to voluntarily participate in the treatment program at the mental health unit, the 
103.6 	director of psychological services of the institution or the mental health professional shall 
103.7 	initiate proceedings for judicial commitment as provided in section 253B.07. Upon the 
103.8 	recommendation of the licensed mental health professional and upon completion of the 
103.9 	hearing and consideration of the record, the court may commit the person to the mental 
103.10 	health unit established in subdivision 1 or to another hospital. A person confined in a state 
103.11 	correctional institution for adults who has been adjudicated to be a person who is mentally 
103.12 	ill and in need of treatment may be committed to the commissioner of corrections and 
103.13 	placed in the mental health unit established in subdivision 1. 

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

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

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

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

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

103.32 	Sec. 14. Minnesota Statutes 2006, section 401.15, subdivision 1, is amended to read:
104.1 		Subdivision 1.Certified statements; determinations; adjustments. On or before
104.2 	Within 60 days of the end of each calendar quarter, participating counties which have 
104.3 	received the payments authorized by section 401.14 shall submit to the commissioner 
104.4 	certified statements detailing the amounts expended and costs incurred in furnishing the 
104.5 	correctional services provided in sections 401.01 to 401.16. Upon receipt of certified 
104.6 	statements, the commissioner shall, in the manner provided in sections 401.10 and 
104.7 	401.12, determine the amount each participating county is entitled to receive, making any 
104.8 	adjustments necessary to rectify any disparity between the amounts received pursuant to 
104.9 	the estimate provided in section 401.14 and the amounts actually expended. If the amount 
104.10 	received pursuant to the estimate is greater than the amount actually expended during the 
104.11 	quarter, the commissioner may withhold the difference from any subsequent monthly 
104.12 	payments made pursuant to section 401.14. Upon certification by the commissioner of 
104.13 	the amount a participating county is entitled to receive under the provisions of section 
104.14 	401.14 or of this subdivision the commissioner of finance shall thereupon issue a state 
104.15 	warrant to the chief fiscal officer of each participating county for the amount due together 
104.16 	with a copy of the certificate prepared by the commissioner. 

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

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

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

104.25 	Sec. 16. Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
104.26 		Subd. 2.Withdrawal. A county board may withdraw from cooperation in a regional 
104.27 	jail system if the county boards of all of the other cooperating counties decide, by majority 
104.28 	vote, to allow the withdrawal in accordance with the terms of a joint powers agreement. 
104.29 	With the approval of the county board of each cooperating county, the regional jail board 
104.30 	shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital 
104.31 	cost, debt service, or lease rental payments made by the county prior to withdrawal, in 
104.32 	excess of its proportionate share of benefits from the regional jail prior to withdrawal, and 
104.33 	the time and manner of making the payments. The payments shall be deemed additional 
105.1 	payments of capital cost, debt service, or lease rentals to be made proportionately by the 
105.2 	remaining counties and, when received, shall be deposited in and paid from the regional 
105.3 	jail fund; provided that:
105.4 	(a)(1) payments shall not be made from any amounts in the regional jail fund 
105.5 	which are needed for maintenance and operation expenses or lease rentals currently due 
105.6 	and payable; and
105.7 	(b)(2) the withdrawing county shall remain obligated for the payment of its 
105.8 	proportionate share of any lease rentals due and payable after its withdrawal, in the 
105.9 	event and up to the amount of any lease payment not made when due by one or more of 
105.10 	the other cooperating counties.

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

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

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

105.18 	Sec. 18.  REPEALER.
 105.19 	Minnesota Statutes 2006, sections 241.021, subdivision 5; and 241.85, subdivision 
105.20 	2, are repealed.

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

105.22 	ARTICLE 7
105.23 	OFFENDER RE-ENTRY POLICY

105.24 	Section 1. Minnesota Statutes 2006, section 241.016, subdivision 1, is amended to read:
105.25 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
105.26 	performance report to the chairs and ranking minority members of the senate and house 
105.27 	committees and divisions having jurisdiction over criminal justice funding by January 
105.28 	15, 2005, and every other year thereafter. The issuance and content of the report must 
105.29 	include the following:
105.30 	(1) department strategic mission, goals, and objectives;
106.1 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
106.2 	per diem, reported in a standard calculated method as outlined in the departmental policies 
106.3 	and procedures; 
106.4 	(3) department annual statistics as outlined in the departmental policies and 
106.5 	procedures; and
106.6 	(4) information about prison-based mental health programs, including, but not 
106.7 	limited to, the availability of these programs, participation rates, and completion rates.
106.8 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
106.9 	basis. In addition, each year the department shall, on an alternating basis, complete a 
106.10 	recidivism analysis of adult facilities, juvenile services, and the community services 
106.11 	divisions and include a three-year recidivism analysis in the report described in paragraph 
106.12 	(a). When appropriate, The recidivism analysis must include: (1) assess education 
106.13 	programs, vocational programs, treatment programs, including mental health programs, 
106.14 	industry, and employment; and (2) assess statewide re-entry policies and funding, 
106.15 	including postrelease treatment, education, training, and supervision. In addition, when 
106.16 	reporting recidivism for the department's adult and juvenile facilities, the department shall 
106.17 	report on the extent to which offenders it has assessed as chemically dependent commit 
106.18 	new offenses, with separate recidivism rates reported for persons completing and not 
106.19 	completing the department's treatment programs.

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

106.21 	Sec. 2. [241.86] FIVE-YEAR DEMONSTRATION PROJECT FOR HIGH-RISK 
106.22 	ADULTS.
106.23 		Subdivision 1.Definition. For purposes of this section, "high-risk adult" means an 
106.24 	adult with a history of some combination of substance abuse, mental illness, chronic 
106.25 	unemployment, incarceration, or homelessness. High-risk adults are considered to be very 
106.26 	likely to enter or reenter state or county correctional programs or chemical or mental 
106.27 	health programs.
106.28 		Subd. 2.Establishment. (a) The Department of Corrections shall contract with 
106.29 	one nonprofit entity to conduct this five-year demonstration project and document the 
106.30 	effectiveness of this model. Initially, the demonstration will operate in the Twin Cities 
106.31 	metropolitan area.
106.32 	(b) The contractor must, at a minimum, meet the following criteria:
106.33 	(1) be an incorporated, nonprofit organization that is capable of managing and 
106.34 	operating a multidisciplinary model for providing high-risk adults with housing, short-term 
106.35 	work, health care, behavioral health care, and community reengagement;
107.1 	(2) demonstrate an ability to organize and manage an alliance of nonprofit 
107.2 	organizations providing services to high-risk adults;
107.3 	(3) have organizational leaders with a demonstrated ability to organize, manage, 
107.4 	and lead service teams consisting of workers from multiple service providers that deliver 
107.5 	direct support to high-risk adults;
107.6 	(4) have experience with providing a comprehensive set of housing, work, health 
107.7 	care, behavioral health care, and community reengagement services to high-risk adults; and
107.8 	(5) be a recipient of foundation and other private funds for the refinement and testing 
107.9 	of a demonstration of this type.
107.10 		Subd. 3.Scope of the five-year demonstration project. The contractor undertaking 
107.11 	this five-year demonstration project shall, as part of this project:
107.12 	(1) enroll up to 500 eligible high-risk adults over the five-year demonstration project 
107.13 	period, starting December 1, 2007, and ending December 31, 2012;
107.14 	(2) using best practices derived from research and testing, provide or assist in 
107.15 	arranging access to services for high-risk adults enrolled in the demonstration project, 
107.16 	including, at a minimum, housing, behavioral health services, health care, employment, 
107.17 	and community and family reengagement;
107.18 	(3) maximize the performance of existing services and programs by coordinating 
107.19 	access to and the delivery of these services; and
107.20 	(4) define conditions under which enrollees are considered to be in good standing 
107.21 	and allowed to remain in the demonstration project. These conditions may include, but 
107.22 	are not limited to:
107.23 	(i) living in stable and safe housing;
107.24 	(ii) working and earning an income;
107.25 	(iii) paying child support, if appropriate;
107.26 	(iv) participating in treatment programs, if appropriate; and
107.27 	(v) no arrests.
107.28 		Subd. 4.Payment. To the extent funds are appropriated for the purposes of this 
107.29 	section, the commissioner of corrections shall pay to the entity under contract a monthly 
107.30 	fee of $1,600 for each enrollee who (1) had been in the custody of the commissioner of 
107.31 	corrections within the preceding year, and (2) is in good standing in the demonstration 
107.32 	project.
107.33 		Subd. 5.Report. (a) The entity shall submit annually a report to the commissioners 
107.34 	of corrections, human services, employment and economic development, and housing 
107.35 	finance and the legislature on or before January 15 of each year, beginning January 15, 
107.36 	2008. The report must include:
108.1 	(1) the number of participants who have been enrolled and the number currently 
108.2 	participating in the demonstration project;
108.3 	(2) a description of the services provided to enrollees over the past year and over the 
108.4 	duration of the demonstration project to date;
108.5 	(3) an accounting of the costs associated with the enrollees over the past year and 
108.6 	over the duration of the demonstration project to date; and
108.7 	(4) any other information requested by the commissioners of corrections, housing, 
108.8 	employment and economic development, and human services and the legislature.
108.9 	(b) The report shall include recommendations on improving and expanding the 
108.10 	project to other geographical areas of the state.
108.11 	(c) The report shall include an update on the status of the independent evaluation 
108.12 	required in subdivision 7.
108.13 		Subd. 6.Independent evaluation. An independent evaluator selected by the 
108.14 	commissioner of corrections, in consultation with the contractor conducting the project, 
108.15 	must conduct an evaluation of the project. The independent evaluator must complete and 
108.16 	submit a report of findings and recommendations to the commissioners of corrections, 
108.17 	housing finance, human services, education, and employment and economic development 
108.18 	and the legislature. This independent evaluation must be developed and implemented 
108.19 	concurrently with the five-year demonstration project, beginning on December 1, 2007. 
108.20 	The final report to the legislature is due on or before January 15, 2013.
108.21 		Subd. 7.Sunset. This section expires December 31, 2013.

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

108.23 	Sec. 3. [299A.82] MENTORING GRANT FOR CHILDREN OF 
108.24 	INCARCERATED PARENTS.
108.25 		Subdivision 1.Mentoring grant. The commissioner of corrections shall award 
108.26 	grants to nonprofit organizations that provide one-to-one mentoring relationships to 
108.27 	youth enrolled between the ages of seven to 13 whose parent or other significant family 
108.28 	member is incarcerated in a county workhouse, county jail, state prison, or other type of 
108.29 	correctional facility or is subject to correctional supervision. The intent of the grant is 
108.30 	to provide children with adult mentors to strengthen developmental outcomes, including 
108.31 	enhanced self-confidence and esteem; improved academic performance; and improved 
108.32 	relationships with peers, family, and other adults that may prevent them from entering the 
108.33 	juvenile justice system.
108.34 		Subd. 2.Grant criteria. As a condition of receiving the grant, the grant recipient 
108.35 	must:
109.1 	(1) collaborate with other organizations that have a demonstrated history of 
109.2 	providing services to youth and families in disadvantaged situations; 
109.3 	(2) implement procedures to ensure that 100 percent of the mentors pose no safety 
109.4 	risk to the child and have the skills to participate in a mentoring relationship;
109.5 	(3) provide enhanced training to mentors focusing on asset building and family 
109.6 	dynamics when a parent is incarcerated; and 
109.7 	(4) provide an individual family plan and aftercare.
109.8 		Subd. 3.Program evaluation. The grant recipient must submit an evaluation plan 
109.9 	to the commissioner delineating the program and student outcome goals and activities 
109.10 	implemented to achieve the stated outcomes. The goals must be clearly stated and 
109.11 	measurable. The grant recipient must collect, analyze, and report on participation and 
109.12 	outcome data that enable the department to verify that the program goals were met.

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

109.14 	Sec. 4. LEGISLATIVE WORKING GROUP ON OFFENDER RE-ENTRY.
 109.15 	(a) The chairs of the house of representatives Public Safety Finance Committee and 
109.16 	the senate Public Safety Budget Division, or their designees, shall co-chair an offender 
109.17 	re-entry working group.  The working group shall review, examine, and, where the group 
109.18 	deems necessary, formulate legislative proposals addressing the following issues:
109.19 	(1) the Department of Corrections' role in offender re-entry, including prerelease and 
109.20 	postrelease planning, education, treatment, housing, and employment;
109.21 	(2) housing for offenders upon release from prison, including offender housing plans 
109.22 	and the need for and placement of halfway houses;
109.23 	(3) the Department of Human Services and the Department of Housing Finance 
109.24 	Administration's role in assisting recently released offenders with housing and mental 
109.25 	health services;
109.26 	(4) prerelease and postrelease offender drug treatment policies, programs, and 
109.27 	funding;
109.28 	(5) drug sentencing, including an assessment of the costs and benefits of adjusting 
109.29 	drug weight thresholds in controlled substance offenses in Minnesota Statutes, chapter 
109.30 	152, and the proportionality of Minnesota's drug sentences as compared to sentences for 
109.31 	other Minnesota offenses and drug sentences in other states in the upper midwest;
109.32 	(6) creation of an early discharge committee to recommend the release of offenders 
109.33 	who make significant and measurable progress in treatment, education, job skill training, 
109.34 	and overall behavior before their term of imprisonment expires;
110.1 	(7) defining the class of offenders who are eligible for early release, if an early 
110.2 	discharge committee is recommended;
110.3 	(8) establishing re-entry courts to oversee postprison supervision of offenders;
110.4 	(9) how the current system of probation supervision affects recidivism and if the 
110.5 	system needs to be reformed;
110.6 	(10) the need for and value of collateral employment sanctions associated with 
110.7 	certain offenses;
110.8 	(11) juvenile offender re-entry;
110.9 	(12) extending tax credits to businesses that employ offenders recently released 
110.10 	from prison; and
110.11 	(13) any other matter relevant to promoting successful offender re-entry.
110.12 	(b) At the invitation of the co-chairs, the group shall include members of the house 
110.13 	of representatives and senate and representatives from the Department of Corrections, 
110.14 	the Sentencing Guidelines Commission, the courts, law enforcement, probation, county 
110.15 	attorneys, the Board of Public Defense, Private Criminal Defense Bar, and the Minnesota 
110.16 	Comprehensive Offender Re-entry Plan Steering Committee.
110.17 	(c) The house of representatives co-chair shall convene and lead the first session of 
110.18 	the working group on or before August 1, 2007. The co-chairs or their designees shall 
110.19 	alternate leading working group sessions. The group shall meet at least twice a month.
110.20 	(d) The working group shall develop policy recommendations by November 1, 2007, 
110.21 	and prepare draft legislation on or before December 15, 2007.
110.22 	(e) Legislative staff is authorized to assist the working group, as the co-chairs deem 
110.23 	necessary.
110.24 	(f) The working group expires on December 15, 2007.

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

110.26 	Sec. 5. RE-ENTRY GRANT ADDRESSING DOMESTIC VIOLENCE AND 
110.27 	INTIMATE PARTNER VIOLENCE.
 110.28 		Subdivision 1.Re-entry grant. The commissioner of corrections shall award a 
110.29 	grant to a nonprofit having a section 501(c)(3) status with the Internal Revenue Service 
110.30 	or a public or private institution of higher education that has expertise in addressing the 
110.31 	intersection between offender re-entry and domestic violence. The intent of the grant is 
110.32 	to provide services to re-entering offenders and their intimate partners to: (1) reduce the 
110.33 	incidence of domestic violence among offenders re-entering the community; (2) reduce 
110.34 	occurrences of domestic violence, serious injury, and death experienced by intimate 
111.1 	partners who are in relationships with offenders recently released from jail or prison; and 
111.2 	(3) reduce criminal recidivism due to domestic violence.
111.3 		Subd. 2.Grant criteria. As a condition of receiving the grant, the grant recipient 
111.4 	must:
111.5 	(1) subcontract with at least one community-based domestic abuse counseling 
111.6 	or educational program and at least one crime victim service provider to provide 
111.7 	comprehensive services to recently released offenders and their intimate partners;
111.8 	(2) train the organizations selected pursuant to clause (1) on research-based practices 
111.9 	and best practices in addressing the intersection of offender re-entry and domestic 
111.10 	violence; and
111.11 	(3) serve as liaison to the department of corrections and provide technical assistance, 
111.12 	training, and coordination to the organizations selected pursuant to clause (1) in 
111.13 	implementing policies that address the intersection of offender re-entry and domestic 
111.14 	violence.
111.15 		Subd. 3.Program evaluation. The grant recipient must rigorously evaluate the 
111.16 	effectiveness of its intervention and work with subcontracted organizations to collect data. 
111.17 	The grant recipient must submit an evaluation plan to the commissioner of corrections 
111.18 	delineating project goals and specific activities performed to achieve those goals.

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

111.20 	Sec. 6. PILOT PROJECT.
 111.21 	(a) The commissioner of corrections shall issue a grant to a nonprofit organization to 
111.22 	establish a pilot project to provide employment services to ex-criminal offenders living 
111.23 	in the North Minneapolis community. The pilot project must provide the ex-offender 
111.24 	participants with a continuum of employment services that identifies their needs; 
111.25 	intervenes with them through case management if they are struggling; and provides them 
111.26 	with work readiness, skill training, chemical and mental health referrals, housing support, 
111.27 	job placement, work experience, and job retention support. The pilot project shall work 
111.28 	with community corrections officials, faith-based organizations, and businesses to create 
111.29 	an array of support opportunities for the participants.
111.30 	(b) By January 15, 2010, the commissioner of corrections shall report to the chairs 
111.31 	and ranking minority members of the senate and house of representatives committees and 
111.32 	divisions having jurisdiction over criminal justice policy and funding on the activities 
111.33 	conducted by the grant recipient and the effectiveness of the pilot project.

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

112.1 	ARTICLE 8
112.2 	PUBLIC SAFETY AND LAW ENFORCEMENT

112.3 	Section 1. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
112.4 		Subdivision 1.Criminal history data. (a) Definition. For purposes of this 
112.5 	subdivision, "criminal history data" means all data maintained in criminal history 
112.6 	records compiled by the Bureau of Criminal Apprehension and disseminated through 
112.7 	the criminal justice information system, including, but not limited to fingerprints, 
112.8 	photographs, identification data, arrest data, prosecution data, criminal court data, custody 
112.9 	and supervision data. 
112.10 	(b)  Classification. Criminal history data maintained by agencies, political 
112.11 	subdivisions and statewide systems are classified as private, pursuant to section 13.02, 
112.12 	subdivision 12, except that data created, collected, or maintained by the Bureau of 
112.13 	Criminal Apprehension that identify an individual who was convicted of a crime, the 
112.14 	offense of which the individual was convicted, associated court disposition and sentence 
112.15 	information, controlling agency, and confinement information are public data for 15 years 
112.16 	following the discharge of the sentence imposed for the offense. When an innocent party's 
112.17 	name is associated with a criminal history, and a determination has been made through a 
112.18 	fingerprint verification that the innocent party is not the subject of the criminal history, the 
112.19 	name may be redacted from the public criminal history data. The name shall be retained in 
112.20 	the criminal history and classified as private data.
112.21 	The Bureau of Criminal Apprehension shall provide to the public at the central office 
112.22 	of the bureau the ability to inspect in person, at no charge, through a computer monitor the 
112.23 	criminal conviction data classified as public under this subdivision.
112.24 	(c)  Limitation. Nothing in paragraph (a) or (b) shall limit public access to data 
112.25 	made public by section 13.82. 

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

112.27 	Sec. 2. Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
112.28 		Subdivision 1.Definition. As used in this section, "crime against the person" means 
112.29 	a violation of any of the following or a similar law of another state or of the United States: 
112.30 	section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 
112.31 	609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247;609.235; 
112.32 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1;
113.1 	609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section 
113.2 	609.229; 609.377; 609.749; or 624.713.

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

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

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

113.15 	Sec. 4. Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
113.16 		Subd. 2.Membership. The oversight council shall consist of the following 
113.17 	individuals or their designees:
113.18 	(1) the director of the office of special investigations as the representative of the 
113.19 	commissioner of corrections;
113.20 	(2) the superintendent of the Bureau of Criminal Apprehension as the representative 
113.21 	of the commissioner of public safety;
113.22 	(3) the attorney general;
113.23 	(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, 
113.24 	two of which must be selected from cities with populations greater than 200,000;
113.25 	(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each 
113.26 	district, two of which must be selected from counties with populations greater than 
113.27 	500,000;
113.28 	(6) the United States attorney for the district of Minnesota;
113.29 	(7) two county attorneys, selected by the Minnesota County Attorneys Association;
113.30 	(8) a command-level representative of a gang strike force;
113.31 	(9) a representative from a drug task force, selected by the Minnesota State 
113.32 	Association of Narcotics Investigators;
113.33 	(10) a representative from the United States Drug Enforcement Administration;
114.1 	(11) a representative from the United States Bureau of Alcohol, Tobacco, and 
114.2 	Firearms;
114.3 	(12) a representative from the Federal Bureau of Investigation;
114.4 	(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement 
114.5 	Association; and
114.6 	(14) two additional members who may be selected by the oversight council;
114.7 	(15) a senator who serves on the committee having jurisdiction over criminal justice 
114.8 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
114.9 	and Administration; and
114.10 	(16) a representative who serves on the committee having jurisdiction over criminal 
114.11 	justice policy, chosen by the speaker of the house of representatives.
114.12 	The oversight council may adopt procedures to govern its conduct as necessary and may 
114.13 	select a chair from among its members. The legislative members of the council may not 
114.14 	vote on matters before the council.

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

114.16 	Sec. 5. Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
114.17 		Subd. 2.Task force. (a) The policy group shall appoint A task force to shall assist 
114.18 	them the policy group in their its duties. The task force shall monitor, review, and report to 
114.19 	the policy group on CriMNet-related projects and provide oversight to ongoing operations 
114.20 	as directed by the policy group. The task force shall consist of the following members:
114.21 	(1) two sheriffs recommended members appointed by the Minnesota Sheriffs 
114.22 	Association, at least one of whom must be a sheriff;
114.23 	(2) two police chiefs recommended members appointed by the Minnesota Chiefs of 
114.24 	Police Association, at least one of whom must be a chief of police;
114.25 	(3) two county attorneys recommended members appointed by the Minnesota 
114.26 	County Attorneys Association, at least one of whom must be a county attorney;
114.27 	(4) two city attorneys recommended members appointed by the Minnesota League 
114.28 	of Cities representing the interests of city attorneys, at least one of whom must be a city 
114.29 	attorney;
114.30 	(5) two public defenders members appointed by the Board of Public Defense, at least 
114.31 	one of whom must be a public defender;
114.32 	(6) two district judges appointed by the Judicial Council, one of whom is currently 
114.33 	assigned to the juvenile court at least one of whom has experience dealing with juvenile 
114.34 	court matters;
115.1 	(7) two community corrections administrators recommended appointed by the 
115.2 	Minnesota Association of Counties, representing the interests of local corrections, at least
115.3 	one of whom represents a community corrections act county;
115.4 	(8) two probation officers appointed by the commissioner of corrections in 
115.5 	consultation with the president of the Minnesota Association of Community Corrections 
115.6 	Act Counties and the president of the Minnesota Association of County Probation Officers;
115.7 	(9) four public members appointed by the governor for a term of six years, one of 
115.8 	whom has been a victim of crime represents the interests of victims, and two who of whom
115.9 	are representatives of the private business community who have expertise in integrated 
115.10 	information systems and who for the purpose of meetings of the full task force may be 
115.11 	compensated pursuant to section 15.059;
115.12 	(10) two court administrators members appointed by the Minnesota Association for 
115.13 	Court Management, at least one of whom must be a court administrator;
115.14 	(11) one member of the house of representatives appointed by the speaker of the 
115.15 	house;
115.16 	(12) one member of the senate appointed by the majority leader;
115.17 	(13) one member appointed by the attorney general or a designee;
115.18 	(14) two individuals recommended elected officials appointed by the Minnesota 
115.19 	League of Cities, one of whom works or resides in greater Minnesota and one of whom 
115.20 	works or resides in the seven-county metropolitan area;
115.21 	(15) two individuals recommended elected officials appointed by the Minnesota 
115.22 	Association of Counties, one of whom works or resides in greater Minnesota and one of 
115.23 	whom works or resides in the seven-county metropolitan area;
115.24 	(16) the director of the Sentencing Guidelines Commission or a designee;
115.25 	(17) one member appointed by the state chief information officer;
115.26 	(18) one member appointed by the commissioner of public safety;
115.27 	(19) one member appointed by the commissioner of corrections;
115.28 	(20) one member appointed by the commissioner of administration; and
115.29 	(21) one member appointed by the chief justice of the Supreme Court.
115.30 	(b) In making these appointments, the appointing authority shall select members 
115.31 	with expertise in integrated data systems or best practices.
115.32 	(c) The commissioner of public safety may appoint additional, nonvoting members 
115.33 	to the task force as necessary from time to time.

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

115.35 	Sec. 6. Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
116.1 		Subd. 5.Review of funding and grant requests. (a) The Criminal and Juvenile 
116.2 	Justice Information Policy Group shall review the funding requests for criminal justice 
116.3 	information systems from state, county, and municipal government agencies. The policy 
116.4 	group shall review the requests for compatibility to statewide criminal justice information 
116.5 	system standards. The review shall be forwarded to the chairs and ranking minority 
116.6 	members of the house and senate committees and divisions with jurisdiction over criminal 
116.7 	justice funding and policy.
116.8 	(b) The CriMNet program office, in consultation with the Criminal and Juvenile 
116.9 	Justice Information Task Force and with the approval of the policy group, shall create 
116.10 	the requirements for any grant request and determine the integration priorities for the 
116.11 	grant period. The CriMNet program office shall also review the requests submitted for 
116.12 	compatibility to statewide criminal justice information systems standards.
116.13 	(c) The task force shall review funding requests for criminal justice information 
116.14 	systems grants and make recommendations to the policy group. The policy group shall 
116.15 	review the recommendations of the task force and shall make a final recommendation 
116.16 	for criminal justice information systems grants to be made by the commissioner of 
116.17 	public safety. Within the limits of available state appropriations and federal grants, the 
116.18 	commissioner of public safety shall make grants for projects that have been recommended 
116.19 	by the policy group.
116.20 	(d) The policy group may approve grants only if the applicant provides an 
116.21 	appropriate share of matching funds as determined by the policy group to help pay up to 
116.22 	one-half of the costs of the grant request. The matching requirement must be constant for 
116.23 	all counties applicants within each grant offering. The policy group shall adopt policies 
116.24 	concerning the use of in-kind resources to satisfy the match requirement and the sources 
116.25 	from which matching funds may be obtained. Local operational or technology staffing 
116.26 	costs may be considered as meeting this match requirement. Each grant recipient shall 
116.27 	certify to the policy group that it has not reduced funds from local, county, federal, or 
116.28 	other sources which, in the absence of the grant, would have been made available to the 
116.29 	grant recipient to improve or integrate criminal justice technology.
116.30 	(e) All grant recipients shall submit to the CriMNet program office all requested 
116.31 	documentation including grant status, financial reports, and a final report evaluating how 
116.32 	the grant funds improved the agency's criminal justice integration priorities. The CriMNet 
116.33 	program office shall establish the recipient's reporting dates at the time funds are awarded.

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

116.35 	Sec. 7. [299F.850] CIGARETTE FIRE SAFETY DEFINITIONS.
117.1 		Subdivision 1.Scope. The terms used in sections 299F.850 to 299F.858 have the 
117.2 	meanings given them in this section.
117.3 		Subd. 2.Agent. "Agent" means any person licensed by the commissioner of 
117.4 	revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
117.5 		Subd. 3.Cigarette. "Cigarette" means any roll for smoking made wholly or in part 
117.6 	of tobacco, the wrapper or cover of which is made of paper or any other substance or 
117.7 	material except tobacco.
117.8 		Subd. 4.Manufacturer. "Manufacturer" means:
117.9 	(1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes 
117.10 	to be manufactured or produced anywhere that the manufacturer intends to be sold in the 
117.11 	state, including cigarettes intended to be sold in the United States through an importer;
117.12 	(2) the first purchaser anywhere that intends to resell in the United States cigarettes 
117.13 	manufactured anywhere that the original manufacturer or maker does not intend to be sold 
117.14 	in the United States; or
117.15 	(3) any entity that becomes a successor of an entity described in clause (1) or (2).
117.16 		Subd. 5.Quality control and quality assurance program. "Quality control and 
117.17 	quality assurance program" means the laboratory procedures implemented to ensure that 
117.18 	operator bias, systematic and nonsystematic methodological errors, and equipment-related 
117.19 	problems do not affect the results of the testing. This program ensures that the testing 
117.20 	repeatability remains within the required repeatability values stated in section 299F.851, 
117.21 	subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with 
117.22 	sections 299F.850 to 299F.858.
117.23 		Subd. 6.Repeatability. "Repeatability" means the range of values within which the 
117.24 	repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
117.25 		Subd. 7.Retail dealer. "Retail dealer" means any person, other than a wholesale 
117.26 	dealer, engaged in selling cigarettes or tobacco products.
117.27 		Subd. 8.Sale. "Sale" means any transfer of title or possession or both, exchange 
117.28 	or barter, conditional or otherwise, in any manner or by any means whatever or any 
117.29 	agreement therefore. In addition to cash and credit sales, the giving of cigarettes as 
117.30 	samples, prizes, or gifts and the exchanging of cigarettes for any consideration other 
117.31 	than money, are considered sales.
117.32 		Subd. 9.Sell. "Sell" means to make a sale or to offer or agree to make a sale.
117.33 		Subd. 10.Wholesale dealer. "Wholesale dealer" means any person (1) who sells 
117.34 	cigarettes or tobacco products to retail dealers or other persons for purposes of resale or 
117.35 	(2) who owns, operates, or maintains one or more cigarette or tobacco product vending 
117.36 	machines in, at, or upon premises owned or occupied by any other person.

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

118.3 	Sec. 8. [299F.851] TEST METHOD AND PERFORMANCE STANDARD.
118.4 		Subdivision 1.Requirements. (a) Except as provided in this subdivision, no 
118.5 	cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons 
118.6 	located in this state unless (1) the cigarettes have been tested in accordance with the test 
118.7 	method and have met the performance standard specified in this section, (2) a written 
118.8 	certification has been filed by the manufacturer with the state fire marshal in accordance 
118.9 	with section 299F.852, and (3) the cigarettes have been marked in accordance with section 
118.10 	299F.853.
118.11 	(b) Testing of cigarettes must be conducted in accordance with the American 
118.12 	Society of Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for 
118.13 	Measuring the Ignition Strength of Cigarettes."
118.14 	(c) Testing must be conducted on ten layers of filter paper.
118.15 	(d) No more than 25 percent of the cigarettes tested in a test trial in accordance 
118.16 	with this section may exhibit full-length burns. Forty replicate tests comprise a complete 
118.17 	test trial for each cigarette tested.
118.18 	(e) The performance standard required by this subdivision must only be applied to a 
118.19 	complete test trial.
118.20 	(f) Written certifications must be based upon testing conducted by a laboratory that 
118.21 	has been accredited pursuant to standard ISO/IEC 17025 of the International Organization 
118.22 	for Standardization (ISO), or other comparable accreditation standard required by the 
118.23 	state fire marshal.
118.24 	(g) Laboratories conducting testing in accordance with this section shall implement a 
118.25 	quality control and quality assurance program that includes a procedure that will determine 
118.26 	the repeatability of the testing results. The repeatability value must be no greater than 0.19.
118.27 	(h) This subdivision does not require additional testing if cigarettes are tested 
118.28 	consistent with sections 299F.850 to 299F.858 for any other purpose.
118.29 	(i) Testing performed or sponsored by the state fire marshal to determine a cigarette's 
118.30 	compliance with the performance standard required must be conducted in accordance 
118.31 	with this section.
118.32 		Subd. 2.Permeability bands. Each cigarette listed in a certification submitted 
118.33 	pursuant to section 299F.852 that uses lowered permeability bands in the cigarette paper 
118.34 	to achieve compliance with the performance standard set forth in this section must have 
118.35 	at least two nominally identical bands on the paper surrounding the tobacco column. At 
119.1 	least one complete band must be located at least 15 millimeters from the lighting end of 
119.2 	the cigarette. For cigarettes on which the bands are positioned by design, there must 
119.3 	be at least two bands fully located at least 15 millimeters from the lighting end and ten 
119.4 	millimeters from the filter end of the tobacco column, or ten millimeters from the labeled 
119.5 	end of the tobacco column for nonfiltered cigarettes.
119.6 		Subd. 3.Equivalent test methods. A manufacturer of a cigarette that the state 
119.7 	fire marshal determines cannot be tested in accordance with the test method prescribed 
119.8 	in subdivision 1, paragraph (b), shall propose a test method and performance standard 
119.9 	for the cigarette to the state fire marshal. Upon approval of the proposed test method 
119.10 	and a determination by the state fire marshal that the performance standard proposed by 
119.11 	the manufacturer is equivalent to the performance standard prescribed in subdivision 1, 
119.12 	paragraph (d), the manufacturer may employ such test method and performance standard 
119.13 	to certify the cigarette pursuant to section 299F.852. If the state fire marshal determines 
119.14 	that another state has enacted reduced cigarette ignition propensity standards that include 
119.15 	a test method and performance standard that are the same as those contained in this 
119.16 	subdivision, and the state fire marshal finds that the officials responsible for implementing 
119.17 	those requirements have approved the proposed alternative test method and performance 
119.18 	standard for a particular cigarette proposed by a manufacturer as meeting the fire safety 
119.19 	standards of that state's law or regulation under a legal provision comparable to this 
119.20 	subdivision, then the state fire marshal shall authorize that manufacturer to employ the 
119.21 	alternative test method and performance standard to certify that cigarette for sale in this 
119.22 	state, unless the state fire marshal demonstrates a reasonable basis why the alternative 
119.23 	test should not be accepted under sections 299F.850 to 299F.858. All other applicable 
119.24 	requirements of this section apply to the manufacturer.
119.25 		Subd. 4.Civil penalty. Each manufacturer shall maintain copies of the reports of all 
119.26 	tests conducted on all cigarettes offered for sale for a period of three years, and shall make 
119.27 	copies of these reports available to the state fire marshal and the attorney general upon 
119.28 	written request. Any manufacturer who fails to make copies of these reports available 
119.29 	within 60 days of receiving a written request is subject to a civil penalty not to exceed 
119.30 	$10,000 for each day after the 60th day that the manufacturer does not make such copies 
119.31 	available.
119.32 		Subd. 5.Future ASTM Standards. The state fire marshal may adopt a subsequent 
119.33 	ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon 
119.34 	a finding that the subsequent method does not result in a change in the percentage of 
119.35 	full-length burns exhibited by any tested cigarette when compared to the percentage of 
120.1 	full-length burns the same cigarette would exhibit when tested in accordance with ASTM 
120.2 	Standard E2187-04 and the performance standard in subdivision 1, paragraph (d).
120.3 		Subd. 6.Report to legislature. The state fire marshal shall review the effectiveness 
120.4 	of this section and report findings every three years to the legislature and, if appropriate, 
120.5 	make recommendations for legislation to improve the effectiveness of this section. The 
120.6 	report and legislative recommendations must be submitted no later than January 2 of each 
120.7 	three-year period.
120.8 		Subd. 7.Inventory before state standards. The requirements of subdivision 1 do 
120.9 	not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes 
120.10 	on or after the effective date of this section if the wholesale or retail dealer can establish 
120.11 	that state tax stamps were affixed to the cigarettes before the effective date of this section, 
120.12 	and if the wholesale or retail dealer can establish that the inventory was purchased before 
120.13 	the effective date of this section in comparable quantity to the inventory purchased during 
120.14 	the same period of the previous year.
120.15 		Subd. 8.Implementation. This section must be implemented in accordance with 
120.16 	the implementation and substance of the New York "Fire Safety Standards for Cigarettes."

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

120.19 	Sec. 9. [299F.852] CERTIFICATION AND PRODUCT CHANGE.
120.20 		Subdivision 1.Attestation. Each manufacturer shall submit to the state fire marshal 
120.21 	a written certification attesting that:
120.22 	(1) each cigarette listed in the certification has been tested in accordance with 
120.23 	section 299F.851; and
120.24 	(2) each cigarette listed in the certification meets the performance standard set forth 
120.25 	in section 299F.851, subdivision 1, paragraph (d).
120.26 		Subd. 2.Description. Each cigarette listed in the certification must be described 
120.27 	with the following information:
120.28 	(1) brand, or trade name on the package;
120.29 	(2) style, such as light or ultra light;
120.30 	(3) length in millimeters;
120.31 	(4) circumference in millimeters;
120.32 	(5) flavor, such as menthol or chocolate, if applicable;
120.33 	(6) filter or nonfilter;
120.34 	(7) package description, such as soft pack or box;
120.35 	(8) marking approved in accordance with section 299F.853;
121.1 	(9) the name, address, and telephone number of the laboratory, if different than the 
121.2 	manufacturer that conducted the test; and
121.3 	(10) the date that the testing occurred.
121.4 		Subd. 3.Information availability. The certifications must be made available to the 
121.5 	attorney general for purposes consistent with this section and the commissioner of revenue 
121.6 	for the purposes of ensuring compliance with this subdivision.
121.7 		Subd. 4.Recertification. Each cigarette certified under this subdivision must be 
121.8 	recertified every three years.
121.9 		Subd. 5.Fee. For each cigarette listed in a certification, a manufacturer shall pay 
121.10 	to the state fire marshal a $250 fee, to be deposited into a dedicated account in the fire 
121.11 	marshal's budget and appropriated in fiscal year 2008 and fiscal year 2009 to the fire 
121.12 	marshal to implement sections 299F.850 to 299F.858.
121.13 		Subd. 6.Retesting. If a manufacturer has certified a cigarette pursuant to this 
121.14 	section, and thereafter makes any change to the cigarette that is likely to alter its 
121.15 	compliance with the reduced cigarette ignition propensity standards required by sections 
121.16 	299F.850 to 299F.858, that cigarette must not be sold or offered for sale in this state 
121.17 	until the manufacturer retests the cigarette in accordance with the testing standards set 
121.18 	forth in section 299F.851 and maintains records of that retesting as required by section 
121.19 	299F.851. Any altered cigarette that does not meet the performance standard set forth in 
121.20 	section 299F.851 may not be sold in this state.

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

121.23 	Sec. 10. [299F.853] MARKING AND CIGARETTE PACKAGING.
121.24 	(a) Cigarettes that are certified by a manufacturer in accordance with section 
121.25 	299F.852 must be marked to indicate compliance with the requirements of section 
121.26 	299F.851. The marking must be in eight-point type or larger and consist of:
121.27 	(1) modification of the product UPC code to include a visible mark printed at 
121.28 	or around the area of the UPC code, which may consist of alphanumeric or symbolic 
121.29 	characters permanently stamped, engraved, embossed, or printed in conjunction with 
121.30 	the UPC;
121.31 	(2) any visible combination of alphanumeric or symbolic characters permanently 
121.32 	stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
121.33 	(3) printed, stamped, engraved, or embossed text that indicates that the cigarettes 
121.34 	meet the standards of sections 299F.850 to 299F.858.
122.1 	(b) A manufacturer shall use only one marking and shall apply this marking 
122.2 	uniformly for all brands marketed by that manufacturer and all packages, including but 
122.3 	not limited to packs, cartons, and cases.
122.4 	(c) The state fire marshal must be notified as to the marking that is selected.
122.5 	(d) Prior to the certification of any cigarette, a manufacturer shall present its 
122.6 	proposed marking to the state fire marshal for approval. Upon receipt of the request, 
122.7 	the state fire marshal shall approve or disapprove the marking offered, except that the 
122.8 	state fire marshal shall approve any marking in use and approved for sale in New York 
122.9 	pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings 
122.10 	are deemed approved if the state fire marshal fails to act within ten business days of 
122.11 	receiving a request for approval.
122.12 	(e) No manufacturer shall modify its approved marking unless the modification has 
122.13 	been approved by the state fire marshal in accordance with this section.
122.14 	(f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall 
122.15 	provide a copy of the certifications to all wholesale dealers and agents to which they sell 
122.16 	cigarettes, and shall also provide sufficient copies of an illustration of the package marking 
122.17 	utilized by the manufacturer pursuant to this section for each retail dealer to which the 
122.18 	wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a 
122.19 	copy of these package markings received from manufacturers to all retail dealers to whom 
122.20 	they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire 
122.21 	marshal, the commissioner of revenue, the attorney general, and their employees to inspect 
122.22 	markings of cigarette packaging marked in accordance with this section.

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

122.25 	Sec. 11. [299F.854] PENALTIES AND REMEDIES.
122.26 		Subdivision 1.Wholesale. (a) A manufacturer, wholesale dealer, agent, or any other 
122.27 	person or entity who knowingly sells or offers to sell cigarettes, other than through retail 
122.28 	sale, in violation of section 299F.851 is liable to a civil penalty:
122.29 	(1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
122.30 	(2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
122.31 	(b) However, the penalty against any such person or entity for a violation under 
122.32 	paragraph (a) must not exceed $100,000 during any 30-day period.
122.33 		Subd. 2.Retail. (a) A retail dealer who knowingly sells cigarettes in violation of 
122.34 	section 299F.851 is liable to a civil penalty:
123.1 	(1) for a first offense, not to exceed $500, and for a subsequent offense, not to exceed 
123.2 	$2,000, per each sale or offer for sale of such cigarettes, if the total number sold or offered 
123.3 	for sale does not exceed 1,000 cigarettes; or
123.4 	(2) for a first offense, not to exceed $1,000, and for a subsequent offense, not to 
123.5 	exceed $5,000, per each sale or offer for sale of such cigarettes, if the total number sold or 
123.6 	offered for sale exceeds 1,000 cigarettes.
123.7 	(b) However, the penalty against any retail dealer must not exceed $25,000 during 
123.8 	any 30-day period.
123.9 		Subd. 3.False certification. In addition to any penalty prescribed by law, any 
123.10 	corporation, partnership, sole proprietor, limited partnership, or association engaged in 
123.11 	the manufacture of cigarettes that knowingly makes a false certification pursuant to 
123.12 	subdivision 3 is, for a first offense, liable to a civil penalty of at least $75,000, and for a 
123.13 	subsequent offense a civil penalty not to exceed $250,000 for each false certification.
123.14 		Subd. 4.Violation of other provision. Any person violating any other provision 
123.15 	in sections 299F.850 to 299F.858 is liable to a civil penalty for a first offense not to 
123.16 	exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for 
123.17 	each violation.
123.18 		Subd. 5.Forfeiture. Cigarettes that have been sold or offered for sale that do 
123.19 	not comply with the performance standard required by section 299F.851 are subject to 
123.20 	forfeiture under section 297F.21 and, upon judgment of forfeiture, must be destroyed; 
123.21 	provided, however, that before destroying any cigarettes seized in accordance with section 
123.22 	297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the 
123.23 	cigarette brand must be permitted to inspect the cigarette.
123.24 		Subd. 6.Remedies. In addition to any other remedy provided by law, the state fire 
123.25 	marshal or attorney general may institute a civil action in district court for a violation of 
123.26 	this section, including petitioning for injunctive relief or to recover any costs or damages 
123.27 	suffered by the state because of a violation under this section, including enforcement costs 
123.28 	relating to the specific violation and attorney fees. Each violation of sections 299F.850 to 
123.29 	299F.858 or of rules adopted under sections 299F.850 to 299F.858 constitutes a separate 
123.30 	civil violation for which the state fire marshal or attorney general may obtain relief.

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

123.33 	Sec. 12. [299F.855] IMPLEMENTATION.
124.1 		Subdivision 1.Rules. The commissioner of public safety, in consultation with the 
124.2 	state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the 
124.3 	purposes of sections 299F.850 to 299F.858.
124.4 		Subd. 2.Commissioner of revenue. The commissioner of revenue in the regular 
124.5 	course of conducting inspections of wholesale dealers, agents, and retail dealers, as 
124.6 	authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are 
124.7 	marked as required by section 299F.853. If the cigarettes are not marked as required, the 
124.8 	commissioner of revenue shall notify the state fire marshal.

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

124.11 	Sec. 13. [299F.856] INSPECTION.
124.12 	To enforce sections 299F.850 to 299F.858, the attorney general and the state fire 
124.13 	marshal may examine the books, papers, invoices, and other records of any person in 
124.14 	possession, control, or occupancy of any premises where cigarettes are placed, stored, 
124.15 	sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in 
124.16 	the possession, control, or occupancy of any premises where cigarettes are placed, sold, 
124.17 	or offered for sale is hereby directed and required to give the attorney general and the 
124.18 	state fire marshal the means, facilities, and opportunity for the examinations authorized 
124.19 	by this section.

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

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

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

125.1 	Sec. 15. Minnesota Statutes 2006, section 325E.21, is amended to read:
125.2 	325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS 
125.3 	AND, REPORTS, AND REGISTRATION.
125.4 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in 
125.5 	this subdivision have the meanings given.
125.6 	(b) "Person" means an individual, partnership, limited partnership, limited liability 
125.7 	company, corporation, or other entity.
125.8 	(c) "Scrap metal" means:
125.9 	(1) wire and cable commonly and customarily used by communication and electric 
125.10 	utilities; and
125.11 	(2) copper, aluminum, or any other metal purchased primarily for its reuse or 
125.12 	recycling value as raw metal, including metal that is combined with other materials 
125.13 	at the time of purchase.
125.14 	(d) "Scrap metal dealer" or "dealer" means a person engaged in the business of 
125.15 	buying and selling scrap metal, but does not include a person engaged exclusively in the 
125.16 	business of buying or selling new or used motor vehicles or motor vehicle parts, paper or 
125.17 	wood products, rags or furniture, or secondhand machinery.
125.18 	(e) "Municipality" means any town, home rule charter or statutory city, or county 
125.19 	that has one or more scrap metal dealers within its jurisdiction.
125.20 	(f) "Law enforcement agency" means a duly authorized municipal, county, state, or 
125.21 	federal law enforcement agency.
125.22 		Subdivision 1. Subd. 1a.Purchase or acquisition record required. (a) Every 
125.23 	person, firm or corporation scrap metal dealer, including an agent, employee, or 
125.24 	representative thereof of the dealer, engaging in the business of buying and selling wire 
125.25 	and cable commonly and customarily used by communication and electric utilities shall 
125.26 	keep a written record, in the English language, legibly written in ink or typewriting, at the 
125.27 	time of each purchase or acquisition, of scrap metal. The record must include:
125.28 	(1) an accurate account or description, including the weight if customarily purchased 
125.29 	by weight, of such wire and cable commonly and customarily used by communication and 
125.30 	electric utilities the scrap metal purchased or acquired,;
125.31 	(2) the date, time, and place of the receipt of the same,;
125.32 	(3) the name and address of the person selling or delivering the same and;
125.33 	(4) the number of the check used to purchase the scrap metal;
125.34 	(5) the number of the person's driver's license of such person, Minnesota 
125.35 	identification card number, or other identification document number of an identification 
126.1 	document issued for identification purposes by any state, federal, or foreign government if 
126.2 	the document includes the applicant's photograph, full name, birth date, and signature; and
126.3 	(6) the license plate number and description of the vehicle used by the person when 
126.4 	delivering the scrap metal, and any identifying marks on the vehicle, such as a business 
126.5 	name, decals, or markings, if applicable. 
126.6 	Such (b) The record, as well as such wire and cable commonly and customarily used 
126.7 	by communication and electric utilities the scrap metal purchased or received, shall at all 
126.8 	reasonable times be open to the inspection of any sheriff or deputy sheriff of the county, 
126.9 	or of any police officer in any incorporated city or statutory city, in which such business 
126.10 	may be carried on law enforcement agency. 
126.11 	Such (c) The person shall not be required to furnish or keep such record of any 
126.12 	property purchased from merchants, manufacturers or wholesale dealers, having an 
126.13 	established place of business, or of any goods purchased at open sale from any bankrupt 
126.14 	stock, but a bill of sale or other evidence of open or legitimate purchase of such the
126.15 	property shall be obtained and kept by such the person which must be shown upon demand 
126.16 	to the sheriff or deputy sheriff of the county, or to any police officer in any incorporated 
126.17 	city or statutory city, in which such business may be carried on. The provisions of 
126.18 	this subdivision and of subdivision 2 shall not apply to or include any person, firm or 
126.19 	corporation engaged exclusively in the business of buying or selling motor vehicles, 
126.20 	new or used, paper or wood products, rags or furniture, secondhand machinery any law 
126.21 	enforcement agency.
126.22 	(d) Except as otherwise provided in this section, a scrap metal dealer may not 
126.23 	disclose personal information concerning a customer without the customer's consent 
126.24 	unless the disclosure is made in response to a request from a law enforcement agency. 
126.25 	For purposes of this paragraph, "personal information" is any individually identifiable 
126.26 	information gathered in connection with a record under paragraph (a). Data collected by 
126.27 	a law enforcement agency under this paragraph are private data on individuals to the 
126.28 	extent that it would reveal the identity of persons who are customers of a scrap metal 
126.29 	dealer, and public data to the extent that it describes property in a regulated transaction 
126.30 	with a scrap metal dealer.
126.31 		Subd. 2.Sheriff's copy of record required. It shall be the duty of every such 
126.32 	person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or 
126.33 	mail to the office of the sheriff of the county in which business is conducted, not later than 
126.34 	the second business day of each week, a legible and correct copy of the record required 
126.35 	in subdivision 1 of the entries during the preceding week. In the event such person, firm 
126.36 	or corporation has not made any purchases or acquisitions required to be recorded under 
127.1 	subdivision 1 hereof during the preceding week no report need be submitted to the sheriff 
127.2 	under this subdivision.
127.3 		Subd. 3.Retention required. Records required to be maintained by subdivision 
127.4 	1 hereof 1a shall be retained by the person making them for a period of three years.
127.5 		Subd. 3.Payment by check required. A scrap metal dealer shall pay for all 
127.6 	scrap metal purchases only by check for purchases greater than $100. For purposes of 
127.7 	this section, "check" means a check, draft, or other negotiable or nonnegotiable order of 
127.8 	withdrawal which is drawn against funds held by a financial institution.
127.9 		Subd. 4.Video security cameras required. (a) The scrap metal dealer shall install 
127.10 	and maintain at each licensed location video surveillance cameras, still digital cameras, 
127.11 	or similar devices positioned to record or photograph a frontal view showing the face of 
127.12 	each seller or prospective seller of scrap metal who enters the licensed location. The scrap 
127.13 	metal dealer shall also photograph the seller's or prospective seller's vehicle, including 
127.14 	license plate, either by video camera or still digital camera, so that an accurate and 
127.15 	complete description of it may be obtained from the recordings made by the cameras. The 
127.16 	video camera or still digital camera must be kept in operating condition. The camera must 
127.17 	record and display the accurate date and time. The video camera must be turned on at 
127.18 	all times when the licensed location is open for business and at any other time when 
127.19 	scrap metal is purchased.
127.20 	(b) If the scrap metal dealer does not purchase some or any scrap metal at a specific 
127.21 	business location, the dealer need not comply with this subdivision with respect to those 
127.22 	purchases.
127.23 		Subd. 5.Registration required. Every scrap metal dealer must register with, pay 
127.24 	an annual fee of $50 to, and actively participate in, the Minnesota Crime Alert Network 
127.25 	under the Minnesota Bureau of Criminal Apprehension. The scrap metal dealer also must 
127.26 	implement aggressive management practices to minimize the purchase of stolen materials. 
127.27 	Scrap processors should develop a training program for scale operators and receiving 
127.28 	personnel on how to identify suspicious materials.
127.29 		Subd. 6.Criminal penalty. A scrap metal dealer, or the agent, employee, or 
127.30 	representative of the dealer, who intentionally violates a provision of this section is guilty 
127.31 	of a misdemeanor.
127.32 		Subd. 7.Exemption. A scrap metal dealer may purchase aluminum cans without 
127.33 	complying with subdivisions 1a to 5.
127.34 		Subd. 8.Property held by law enforcement. (a) Whenever a law enforcement 
127.35 	official from any agency has reason to believe that property in the possession of a dealer 
127.36 	is stolen or is evidence of a crime and notifies a dealer not to sell an item, the item 
128.1 	must not be sold or removed from the premises. The investigative hold must be made 
128.2 	within 72 hours and remains in effect for not more than 90 days from the date of initial 
128.3 	notification, or until the investigative order is canceled, or until an order to confiscate 
128.4 	is issued, whichever comes first.
128.5 	(b) If an item is identified as stolen or evidence in a criminal case, the law 
128.6 	enforcement official may:
128.7 	(1) physically confiscate and remove it from the dealer, pursuant to a written order 
128.8 	from the law enforcement official; or
128.9 	(2) place the item on hold or extend the hold as provided in this section and leave 
128.10 	it in the shop.
128.11 	(c) When an item is confiscated, the person doing so shall provide identification 
128.12 	upon request of the dealer, and shall provide the dealer the name and telephone number of 
128.13 	the confiscating agency and investigator, and the case number related to the confiscation.
128.14 	(d) A dealer may request confiscated property be returned in accordance with 
128.15 	section 626.04.
128.16 	(e) When an order to hold or confiscate is no longer necessary, the law enforcement 
128.17 	official shall so notify the dealer.

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

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

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

128.29 	Sec. 17. Minnesota Statutes 2006, section 641.05, is amended to read:
128.30 	641.05 RECORD OF INMATES; RETURN TO COURT.
128.31 	(a) Every sheriff shall, at the expense of the county, maintain a permanent record of 
128.32 	all persons committed to any jail under the sheriff's charge. It shall contain the name of 
128.33 	every person committed, by what authority, residence, date of commitment, and, if for a 
129.1 	criminal offense, a description of the person, when and by what authority liberated, and, 
129.2 	in case of escape, the time and manner thereof. At the opening of each term of district 
129.3 	court the sheriff shall make a certified transcript therefrom to such court, showing all 
129.4 	cases therein not previously disposed of.
129.5 	(b) Upon intake into the jail facility, the name of the committed person shall be 
129.6 	checked against the Bureau of Criminal Apprehension predatory offender registration 
129.7 	database to determine whether the person is a registered offender. In the event that the 
129.8 	person is registered, the sheriff or designee shall notify the bureau of the person's admission 
129.9 	into the jail facility. At the time of discharge from the facility, the sheriff or designee will 
129.10 	provide the person with a change of information form for the purposes of reporting the 
129.11 	address where the person will be living upon release from the facility. Every sheriff who 
129.12 	intentionally neglects or refuses to so report shall be guilty of a gross misdemeanor.

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

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

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

129.19 	ARTICLE 9
129.20 	EMERGENCY COMMUNICATIONS

129.21 	Section 1. Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
129.22 		Subd. 4.Use of furnished information. (a) Names, addresses, and telephone 
129.23 	numbers provided to a 911 system under subdivision 3 are private data and may be used 
129.24 	only foridentifying: (1) to identify the location or identity, or both, of a person calling 
129.25 	a 911 public safety answering point; or (2) by a public safety answering point to notify 
129.26 	the public of an emergency. The information furnished under subdivision 3 may not be 
129.27 	used or disclosed by 911 system agencies, their agents, or their employees for any other 
129.28 	purpose except under a court order.
129.29 	(b) For purposes of paragraph (a), the term "emergency" means a situation in which 
129.30 	property or human life is in jeopardy and the prompt notification of the public by the 
129.31 	public safety answering point is essential.
130.1 	(c) A telecommunications service provider that participates or cooperates with the 
130.2 	public safety answering point in the notification of the public is exempt from liability 
130.3 	pursuant to section 403.07, subdivision 5.

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

130.5 	Sec. 2. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
130.6 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each 
130.7 	customer of a wireless or wire-line switched or packet-based telecommunications service 
130.8 	provider connected to the public switched telephone network that furnishes service capable 
130.9 	of originating a 911 emergency telephone call is assessed a fee based upon the number 
130.10 	of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
130.11 	maintenance and related improvements for trunking and central office switching equipment 
130.12 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
130.13 	of the commissioner related to managing the 911 emergency telecommunications service 
130.14 	program, to make distributions provided for in section 403.113, and to offset the costs, 
130.15 	including administrative and staffing costs, incurred by the State Patrol Division of the 
130.16 	Department of Public Safety in handling 911 emergency calls made from wireless phones.
130.17 	(b) Money remaining in the 911 emergency telecommunications service account 
130.18 	after all other obligations are paid must not cancel and is carried forward to subsequent 
130.19 	years and may be appropriated from time to time to the commissioner to provide financial 
130.20 	assistance to counties for the improvement of local emergency telecommunications 
130.21 	services. The improvements may include providing access to 911 service for 
130.22 	telecommunications service subscribers currently without access and upgrading existing 
130.23 	911 service to include automatic number identification, local location identification, 
130.24 	automatic location identification, and other improvements specified in revised county 
130.25 	911 plans approved by the commissioner.
130.26 	(c) The fee may not be less than eight cents nor more than 65 cents a month until 
130.27 	June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 
130.28 	2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and 
130.29 	not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for 
130.30 	each customer access line or other basic access service, including trunk equivalents as 
130.31 	designated by the Public Utilities Commission for access charge purposes and including 
130.32 	wireless telecommunications services. With the approval of the commissioner of finance, 
130.33 	the commissioner of public safety shall establish the amount of the fee within the limits 
130.34 	specified and inform the companies and carriers of the amount to be collected. When the 
130.35 	revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
131.1 	defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
131.2 	no longer needed. The commissioner shall provide companies and carriers a minimum of 
131.3 	45 days' notice of each fee change. The fee must be the same for all customers.
131.4 	(d) The fee must be collected by each wireless or wire-line telecommunications 
131.5 	service provider subject to the fee. Fees are payable to and must be submitted to the 
131.6 	commissioner monthly before the 25th of each month following the month of collection, 
131.7 	except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
131.8 	less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
131.9 	to a 911 emergency telecommunications service account in the special revenue fund. The 
131.10 	money in the account may only be used for 911 telecommunications services.
131.11 	(e) This subdivision does not apply to customers of interexchange carriers.
131.12 	(f) The installation and recurring charges for integrating wireless 911 calls into 
131.13 	enhanced 911 systems are eligible for payment by the commissioner if the 911 service 
131.14 	provider is included in the statewide design plan and the charges are made pursuant to 
131.15 	contract.
131.16 	(g) Competitive local exchanges carriers holding certificates of authority from the 
131.17 	Public Utilities Commission are eligible to receive payment for recurring 911 services.

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

131.19 	Sec. 3. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to 
131.20 	read:
131.21 		Subd. 1a.Fee collection declaration. If the commissioner disputes the 
131.22 	accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or 
131.23 	packet-based telecommunications service provider, the wireless, wire-line, or packet-based 
131.24 	telecommunications service provider shall submit a sworn declaration signed by an officer 
131.25 	of the company certifying, under penalty of perjury, that the information provided with 
131.26 	the fee submission is true and correct. The sworn declaration must specifically describe 
131.27 	and affirm that the 911 fee computation is complete and accurate. When a wireless, 
131.28 	wire-line, or packet-based telecommunications service provider fails to provide a sworn 
131.29 	declaration within 90 days of notice by the commissioner that the fee submission is 
131.30 	disputed, the commissioner may estimate the amount due from the wireless, wire-line, or 
131.31 	packet-based telecommunications service provider and refer that amount for collection 
131.32 	under section 16D.04.

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

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

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

132.9 	Sec. 5. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
132.10 		Subdivision 1.Allocation of operating costs. The current costs of the board 
132.11 	in implementing the regionwide public safety radio communication plan system and 
132.12 	the first and second phase systems shall be allocated among and paid by the following 
132.13 	users, all in accordance with the regionwide public safety radio system communication 
132.14 	plan adopted by the board:
132.15 	(1) the state of Minnesota for its operations using the system in the metropolitan 
132.16 	counties;
132.17 	(2) all local government units using the system; and
132.18 	(3) other eligible users of the system. (a) The ongoing costs of the commissioner 
132.19 	not otherwise appropriated in operating the statewide public safety radio communication 
132.20 	system shall be allocated among and paid by the following users, all in accordance with 
132.21 	the statewide public safety radio communication system plan under section 403.36:
132.22 	(1) the state of Minnesota for its operations using the system;
132.23 	(2) all local government units using the system; and
132.24 	(3) other eligible users of the system.
132.25 	(b) Each local government and other eligible users of the system shall pay to 
132.26 	the commissioner all sums charged under this section, at the times and in the manner 
132.27 	determined by the commissioner. The governing body of each local government shall 
132.28 	take all action necessary to provide the money required for these payments and to make 
132.29 	the payments when due.

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

132.31 	Sec. 6.  REPEALER.
 132.32 	Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.

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

133.1 	ARTICLE 10
133.2 	PUBLIC SAFETY AND HUMAN SERVICES

133.3 	Section 1. Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:
133.4 		Subdivision 1.Vehicles exempt from tax, fees, or plate display. (a) The following 
133.5 	vehicles are exempt from the provisions of this chapter requiring payment of tax and 
133.6 	registration fees, except as provided in subdivision 1c:
133.7 	(1) vehicles owned and used solely in the transaction of official business by the 
133.8 	federal government, the state, or any political subdivision;
133.9 	(2) vehicles owned and used exclusively by educational institutions and used solely 
133.10 	in the transportation of pupils to and from those institutions;
133.11 	(3) vehicles used solely in driver education programs at nonpublic high schools;
133.12 	(4) vehicles owned by nonprofit charities and used exclusively to transport disabled 
133.13 	persons for charitable, religious, or educational purposes;
133.14 	(5) ambulances owned by ambulance services licensed under section 144E.10, the 
133.15 	general appearance of which is unmistakable; and
133.16 	(6) vehicles owned by a commercial driving school licensed under section 171.34, 
133.17 	or an employee of a commercial driving school licensed under section 171.34, and the 
133.18 	vehicle is used exclusively for driver education and training.
133.19 	(b) Vehicles owned by the federal government, municipal fire apparatuses including 
133.20 	fire-suppression support vehicles, police patrols, and ambulances, the general appearance 
133.21 	of which is unmistakable, are not required to register or display number plates.
133.22 	(c) Unmarked vehicles used in general police work, liquor investigations, or arson 
133.23 	investigations, and passenger automobiles, pickup trucks, and buses owned or operated by 
133.24 	the Department of Corrections, must be registered and must display appropriate license 
133.25 	number plates, furnished by the registrar at cost. Original and renewal applications for 
133.26 	these license plates authorized for use in general police work and for use by the Department 
133.27 	of Corrections must be accompanied by a certification signed by the appropriate chief of 
133.28 	police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle, 
133.29 	the commissioner of corrections if issued to a Department of Corrections vehicle, or the 
133.30 	appropriate officer in charge if issued to a vehicle of any other law enforcement agency. 
133.31 	The certification must be on a form prescribed by the commissioner and state that the 
133.32 	vehicle will be used exclusively for a purpose authorized by this section.
133.33 	(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, 
133.34 	fraud unit, in conducting seizures or criminal investigations must be registered and must 
133.35 	display passenger vehicle classification license number plates, furnished at cost by the 
134.1 	registrar. Original and renewal applications for these passenger vehicle license plates 
134.2 	must be accompanied by a certification signed by the commissioner of revenue or the 
134.3 	commissioner of labor and industry. The certification must be on a form prescribed by 
134.4 	the commissioner and state that the vehicles will be used exclusively for the purposes 
134.5 	authorized by this section.
134.6 	(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the 
134.7 	Department of Health must be registered and must display passenger vehicle classification 
134.8 	license number plates. These plates must be furnished at cost by the registrar. Original 
134.9 	and renewal applications for these passenger vehicle license plates must be accompanied 
134.10 	by a certification signed by the commissioner of health. The certification must be on a 
134.11 	form prescribed by the commissioner and state that the vehicles will be used exclusively 
134.12 	for the official duties of the Division of Disease Prevention and Control.
134.13 	(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling 
134.14 	investigations and reviews must be registered and must display passenger vehicle 
134.15 	classification license number plates. These plates must be furnished at cost by the 
134.16 	registrar. Original and renewal applications for these passenger vehicle license plates must 
134.17 	be accompanied by a certification signed by the board chair. The certification must be on a 
134.18 	form prescribed by the commissioner and state that the vehicles will be used exclusively 
134.19 	for the official duties of the Gambling Control Board.
134.20 	(g) Unmarked vehicles used in general investigation, surveillance, and monitoring 
134.21 	by the staff of the Department of Human Services state-operated services office of special 
134.22 	investigations must be registered and must display passenger vehicle classification license 
134.23 	number plates, furnished by the registrar at cost. Original and renewal applications for 
134.24 	these passenger vehicle license plates must be accompanied by a certification signed by 
134.25 	the commissioner of human services. The certification must be on a form prescribed 
134.26 	by the commissioner and state that the vehicles will be used exclusively for the official 
134.27 	duties of the office of special investigations.
134.28 	(g)(h) All other motor vehicles must be registered and display tax-exempt number 
134.29 	plates, furnished by the registrar at cost, except as provided in subdivision 1c. All 
134.30 	vehicles required to display tax-exempt number plates must have the name of the state 
134.31 	department or political subdivision, nonpublic high school operating a driver education 
134.32 	program, or licensed commercial driving school, plainly displayed on both sides of the 
134.33 	vehicle; except that each state hospital and institution for persons who are mentally ill 
134.34 	and developmentally disabled may have one vehicle without the required identification 
134.35 	on the sides of the vehicle, and county social service agencies may have vehicles used 
134.36 	for child and vulnerable adult protective services without the required identification on 
135.1 	the sides of the vehicle. This identification must be in a color giving contrast with that 
135.2 	of the part of the vehicle on which it is placed and must endure throughout the term of 
135.3 	the registration. The identification must not be on a removable plate or placard and must 
135.4 	be kept clean and visible at all times; except that a removable plate or placard may be 
135.5 	utilized on vehicles leased or loaned to a political subdivision or to a nonpublic high 
135.6 	school driver education program.

135.7 	Sec. 2. Minnesota Statutes 2006, section 243.55, subdivision 1, is amended to read:
135.8 		Subdivision 1.Contraband; bringing into correctional facility; felony. Any 
135.9 	person who brings, sends, or in any manner causes to be introduced into any state 
135.10 	correctional facility or state hospital, or within or upon the grounds belonging to or land 
135.11 	or controlled by any such facility or hospital, or is found in possession of any controlled 
135.12 	substance as defined in section 152.01, subdivision 4, or any firearms, weapons or 
135.13 	explosives of any kind, without the consent of the chief executive officer thereof, shall be 
135.14 	guilty of a felony and, upon conviction thereof, punished by imprisonment for a term of 
135.15 	not more than ten years. Any person who brings, sends, or in any manner causes to be 
135.16 	introduced into any state correctional facility or within or upon the grounds belonging 
135.17 	to or land controlled by the facility, or is found in the possession of any intoxicating or 
135.18 	alcoholic liquor or malt beverage of any kind without the consent of the chief executive 
135.19 	officer thereof, shall be guilty of a gross misdemeanor. Any person who brings, sends, or 
135.20 	in any manner causes to be introduced into any state-operated secure treatment facility, 
135.21 	as defined in section 256B.02, subdivision 18a, within or upon the grounds belonging to 
135.22 	or land controlled by the facility, or is found in the possession of any intoxicating or 
135.23 	alcoholic liquor or malt beverage of any kind is guilty of a felony, and upon conviction 
135.24 	of, is punished by imprisonment for a term of not more than ten years. The provisions 
135.25 	of this section shall not apply to physicians carrying drugs or introducing any of the 
135.26 	above described liquors into such facilities for use in the practice of their profession; 
135.27 	nor to sheriffs or other peace officers carrying revolvers or firearms as such officers in 
135.28 	the discharge of duties.

135.29 	Sec. 3. Minnesota Statutes 2006, section 245.041, is amended to read:
135.30 	245.041 PROVISION OF FIREARMS BACKGROUND CHECK 
135.31 	INFORMATION.
135.32 	Notwithstanding section 253B.23, subdivision 9, the commissioner of human 
135.33 	services shall provide commitment information to local law enforcement agencies on an 
135.34 	individual request basis by means of electronic data transfer from the Department of 
136.1 	Human Services through the Minnesota Crime Information System for the sole purpose of 
136.2 	facilitating a firearms background check under section 624.7131, 624.7132, or 624.714. 
136.3 	The information to be provided is limited to whether the person has been committed under 
136.4 	chapter 253B and, if so, the type of commitment.

136.5 	Sec. 4. Minnesota Statutes 2006, section 253B.09, subdivision 3a, is amended to read:
136.6 		Subd. 3a.Reporting judicial commitments; private treatment program or 
136.7 	facility. Notwithstanding section 253B.23, subdivision 9, when a court commits a patient 
136.8 	to a treatment program or facility other than a state-operated program or facility, the court 
136.9 	shall report the commitment to the commissioner through the Supreme court information 
136.10 	system for purposes of providing commitment information for firearm background checks 
136.11 	under section 245.041.

136.12 	Sec. 5. Minnesota Statutes 2006, section 609.15, subdivision 1, is amended to read:
136.13 		Subdivision 1.Concurrent, consecutive sentences; specification requirement.
 136.14 	(a) Except as provided in paragraph (c), when separate sentences of imprisonment are 
136.15 	imposed on a defendant for two or more crimes, whether charged in a single indictment 
136.16 	or information or separately, or when a person who is under sentence of imprisonment 
136.17 	in this state is being sentenced to imprisonment for another crime committed prior to 
136.18 	or while subject to such former sentence, the court in the later sentences shall specify 
136.19 	whether the sentences shall run concurrently or consecutively. If the court does not so 
136.20 	specify, the sentences shall run concurrently.
136.21 	(b) When a court imposes sentence for a misdemeanor or gross misdemeanor offense 
136.22 	and specifies that the sentence shall run consecutively to any other sentence, the court may 
136.23 	order the defendant to serve time in custody for the consecutive sentence in addition 
136.24 	to any time in custody the defendant may be serving for any other offense, including 
136.25 	probationary jail time or imprisonment for any felony offense.
136.26 	(c) An inmate of a state prison or a patient under the care or jurisdiction of an 
136.27 	in-patient or out-patient program operated by the Minnesota sex offender program 
136.28 	under chapters 246B and 253B who is convicted of committing an assault within the
136.29 	a correctional facility or within a secure treatment facility or while participating in a 
136.30 	program operated by the Minnesota sex offender program is subject to the consecutive 
136.31 	sentencing provisions of section 609.2232.

136.32 	Sec. 6. Minnesota Statutes 2006, section 609.221, subdivision 2, is amended to read:
137.1 		Subd. 2.Use of deadly force against peace officer or correctional employee. (a) 
137.2 	Whoever assaults a peace officer or, correctional employee, or employee of a secure 
137.3 	treatment facility or a program operated by the Minnesota sex offender program by using 
137.4 	or attempting to use deadly force against the officer or employee while the officer or 
137.5 	employee is engaged in the performance of a duty imposed by law, policy, or rule may 
137.6 	be sentenced to imprisonment for not more than 20 years or to payment of a fine of not 
137.7 	more than $30,000, or both.
137.8 	(b) A person convicted of assaulting a peace officer or correctional employee assault
137.9 	as described in paragraph (a) shall be committed to the commissioner of corrections for 
137.10 	not less than ten years, nor more than 20 years. A defendant convicted and sentenced as 
137.11 	required by this paragraph is not eligible for probation, parole, discharge, work release, or 
137.12 	supervised release, until that person has served the full term of imprisonment as provided 
137.13 	by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, 
137.14 	and 609.135. Notwithstanding section 609.135, the court may not stay the imposition or 
137.15 	execution of this sentence. 
137.16 	(c) As used in this subdivision:
137.17 	(1) "correctional employee" means an employee of a public or private prison, jail, 
137.18 	or workhouse;
137.19 	(2) "deadly force" has the meaning given in section 609.066, subdivision 1; and 
137.20 	(3) "peace officer" has the meaning given in section 626.84, subdivision 1. 

137.21 	Sec. 7. Minnesota Statutes 2006, section 609.2232, is amended to read:
137.22 	609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY 
137.23 	STATE PRISON INMATES AND SEX OFFENDER PATIENTS.
137.24 	(a) If an inmate of confined in a state correctional facility or a patient under the care 
137.25 	or jurisdiction of an in-patient or out-patient program operated by the Minnesota sex 
137.26 	offender program under chapters 246B and 253B is convicted of violating section 609.221, 
137.27 	609.222, 609.223, 609.2231, or609.224, while confined in the facility, or 609.713:
137.28 	(i) the sentence imposed for the assault shall be executed and run consecutively to 
137.29 	any unexpired portion of the offender's earlierany criminal sentence. to which the inmate 
137.30 	or patient is still subject;
137.31 	(ii) the inmate is or patient shall not be entitled to credit against the sentence imposed 
137.32 	for the assault for time served in confinement for the earlier sentence.;
137.33 	(iii) the inmate or patient shall serve the sentence for the assault in a state correctional 
137.34 	facility even if the assault conviction was for a misdemeanor or gross misdemeanor.; and
138.1 	(iv) the sentence imposed and executed for the assault must be followed, upon 
138.2 	release from confinement, by a ten-year period of conditional release.
138.3 	(b) A defendant convicted and sentenced under paragraph (a) is not eligible for 
138.4 	probation, parole, discharge, work release, or supervised release, until that person has 
138.5 	served the full term of imprisonment as provided by law, notwithstanding the provisions 
138.6 	of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section 
138.7 	609.135, the court may not stay the imposition or execution of this sentence.

138.8 	Sec. 8. Minnesota Statutes 2006, section 626.5572, subdivision 21, is amended to read:
138.9 		Subd. 21.Vulnerable adult. "Vulnerable adult" means any person 18 years of 
138.10 	age or older who:
138.11 	(1) is a resident or inpatient of a facility;
138.12 	(2) receives services at or from a facility required to be licensed to serve adults 
138.13 	under sections 245A.01 to 245A.15, except that a person receiving outpatient services for 
138.14 	treatment of chemical dependency or mental illness, or one who is served in the Minnesota 
138.15 	sex offender program, is on a court hold order for commitment, or is committed as a 
138.16 	sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is 
138.17 	not considered a vulnerable adult unless the person meets the requirements of clause (4);
138.18 	(3) receives services from a home care provider required to be licensed under section 
138.19 	144A.46; or from a person or organization that exclusively offers, provides, or arranges 
138.20 	for personal care assistant services under the medical assistance program as authorized 
138.21 	under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and 
138.22 	256B.0653 to 256B.0656; or
138.23 	(4) regardless of residence or whether any type of service is received, possesses a 
138.24 	physical or mental infirmity or other physical, mental, or emotional dysfunction:
138.25 	(i) that impairs the individual's ability to provide adequately for the individual's 
138.26 	own care without assistance, including the provision of food, shelter, clothing, health 
138.27 	care, or supervision; and
138.28 	(ii) because of the dysfunction or infirmity and the need for assistance, the individual 
138.29 	has an impaired ability to protect the individual from maltreatment.