1.1 	A bill for an act
1.2 	relating to public safety; appropriating money for the courts, public defenders, 
1.3 	public safety, corrections, human rights, and other criminal justice and 
1.4 	judiciary-related agencies; establishing, funding, modifying, and regulating 
1.5 	public safety, criminal justice, judiciary, law enforcement, corrections, and crime 
1.6 	victims services, policies, programs, duties, activities, or practices; requiring 
1.7 	studies and reports; creating and modifying working groups, councils, and task 
1.8 	forces; imposing criminal and civil penalties; setting or increasing fines or 
1.9 	fees; regulating DWI and driving provisions; regulating scrap metal dealers; 
1.10 	establishing ignition strength standards for cigarettes; providing conditional 
1.11 	repeals of certain laws;amending Minnesota Statutes 2006, sections 2.722, 
1.12 	subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1; 13.82, subdivision 27; 
1.13 	15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2; 16C.23, subdivision 2; 
1.14 	169A.275, by adding a subdivision; 169A.51, subdivision 7; 171.12, by adding 
1.15 	a subdivision; 171.305, by adding a subdivision; 171.55; 241.016, subdivision 
1.16 	1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, subdivisions 3, 
1.17 	4; 243.167, subdivision 1; 260C.193, subdivision 6; 268.19, subdivision 1; 
1.18 	297I.06, subdivision 3; 299A.641, subdivision 2; 299A.681, subdivision 2, by 
1.19 	adding a subdivision; 299C.46, by adding a subdivision; 299C.65, subdivisions 
1.20 	2, 5; 299N.02, subdivision 3; 302A.781, by adding a subdivision; 325E.21; 
1.21 	352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7; 
1.22 	401.15, subdivision 1; 403.07, subdivisions 4, 5; 403.11, subdivision 1, by 
1.23 	adding subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83; 
1.24 	504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 
1.25 	518B.01, subdivision 22; 563.01, by adding a subdivision; 595.02, subdivision 1; 
1.26 	609.02, subdivision 16; 609.135, subdivision 8; 609.21, subdivisions 1, 4a, 5, by 
1.27 	adding subdivisions; 609.341, subdivision 11; 609.344, subdivision 1; 609.345, 
1.28 	subdivision 1; 609.3455, by adding a subdivision; 609.352; 609.52, subdivision 
1.29 	3, by adding a subdivision; 609.526; 609.581, by adding subdivisions; 609.582, 
1.30 	subdivision 2; 609.595, subdivisions 1, 2; 611A.036, subdivisions 2, 7; 
1.31 	611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision; 634.15, subdivisions 
1.32 	1, 2; 641.15, by adding a subdivision; 641.265, subdivision 2; Laws 2001, First 
1.33 	Special Session chapter 8, article 4, section 4; Laws 2003, First Special Session 
1.34 	chapter 2, article 1, section 2; proposing coding for new law in Minnesota 
1.35 	Statutes, chapters 171; 241; 299C; 299F; 357; 484; 504B; 609; 611A; repealing 
1.36 	Minnesota Statutes 2006, sections 241.021, subdivision 5; 241.85, subdivision 2; 
1.37 	242.193, subdivision 2; 260B.173; 403.31, subdivision 6; 480.175, subdivision 
1.38 	3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	APPROPRIATIONS

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

2.7			2008
		2009
		Total
	
2.8	General
	$
	923,045,000
	$
	953,879,000
	$
	1,876,924,000
	
2.92.10
	State Government Special 
Revenue
		55,688,000
		50,392,000
		106,080,000
	
2.11	Environmental Fund
		67,000
		69,000
		136,000
	
2.12	Special Revenue Fund
		11,974,000
		15,014,000
		27,038,000
	
2.13	Trunk Highway
		367,000
		373,000
		740,000
	
2.14	Total
	$
	991,141,000
	$
	1,019,727,000
	$
	2,010,918,000

2.15	Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
 	
2.16 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.17 	agencies and for the purposes specified in this act. The appropriations are from the general 
2.18 	fund, or another named fund, and are available for the fiscal years indicated for each 
2.19 	purpose. The figures "2008" and "2009" used in this act mean that the appropriations 
2.20 	listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009, 
2.21 	respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009. 
2.22 	"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending 
2.23 	June 30, 2007, are effective the day following final enactment.

2.24				APPROPRIATIONS
	
2.25				Available for the Year
	
2.26				Ending June 30
	
2.27					2008
		2009

2.28	Sec. 3. SUPREME COURT

2.29	Subdivision 1.Total Appropriation
 	$
	 44,592,000
	$
	45,923,000
	
2.30 	The amounts that may be spent for each 
2.31 	purpose are specified in the following 
2.32 	subdivisions.

2.33	Subd. 2.Judicial Salaries.
 					
3.1 	Effective July 1, 2007, and July 1, 2008, the 
3.2 	salaries of justices of the supreme court and 
3.3 	judges of the court of appeals and district 
3.4 	court are increased by three percent.

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

3.10	Subd. 4.Civil Legal Services
 		 13,300,000
		13,300,000
	
3.11 	Base Budget. The base budget for civil legal 
3.12 	services is $12,320,000 each year for fiscal 
3.13 	years 2010 and 2011.
3.14 	Legal Services to Low-Income Clients in 
3.15 	Family Law Matters. Of this appropriation, 
3.16 	$877,000 each year is to improve the 
3.17 	access of low-income clients to legal 
3.18 	representation in family law matters. This 
3.19 	appropriation must be distributed under 
3.20 	Minnesota Statutes, section 480.242, to 
3.21 	the qualified legal services programs 
3.22 	described in Minnesota Statutes, section 
3.23 	480.242, subdivision 2, paragraph (a). Any 
3.24 	unencumbered balance remaining in the first 
3.25 	year does not cancel and is available in the 
3.26 	second year.

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

								
4.1	Sec. 5. TRIAL COURTS
 	$
	246,077,000
	$
	254,916,000
	
4.2 	New Judge Units. $1,792,000 the first year 
4.3 	and $3,241,000 the second year are for an 
4.4 	increase in judge units, including three trial 
4.5 	court judge units in the First Judicial District, 
4.6 	one trial court judge unit in the Seventh 
4.7 	Judicial District, one trial court judge unit in 
4.8 	the Ninth Judicial District and two trial court 
4.9 	judge units in the Tenth Judicial District. 
4.10 	These new judge units begin on January 1, 
4.11 	2008. Each judge unit consists of a judge, 
4.12 	law clerk, and court reporter.
4.13 	Maintain and Expand Drug Courts.
4.14 	$2,096,000 the first year and $2,097,000 the 
4.15 	second year are to maintain and to establish 
4.16 	new drug courts.
4.17 	Guardian Ad Litem Services. $1,260,000 
4.18 	the first year and $1,629,000 the second year 
4.19 	are for guardian ad litem services.
4.20 	Interpreter Services. $606,000 the first 
4.21 	year and $777,000 the second year are for 
4.22 	interpreter services.
4.23 	Psychological Services. $1,531,000 the first 
4.24 	year and $2,151,000 the second year are for 
4.25 	psychological services.
4.26 	In Forma Pauperis Services. $178,000 
4.27 	each year is for in forma pauperis services.

4.28	Sec. 6. TAX COURT
 	$
	794,000
	$
	825,000

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

4.30	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	450,000
	$
	460,000
	
5.1 	Investigative and Hearing Costs. $125,000 
5.2 	each year is for special investigative and 
5.3 	hearing costs for major disciplinary actions 
5.4 	undertaken by the board. This appropriation 
5.5 	does not cancel. Any encumbered and 
5.6 	unspent balances remain available for these 
5.7 	expenditures in subsequent fiscal years.

5.8	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	 66,348,000
	$
	69,519,000
	
5.9 	District Public Defense Caseload Increase.
5.10 	$3,213,000 the first year and $5,009,000 
5.11 	the second year are for 34 new full-time 
5.12 	equivalent attorneys and 11 new full-time 
5.13 	equivalent support staff positions to address 
5.14 	caseload increases. Of this amount, $200,000 
5.15 	each year is for transcript costs.

5.16	Sec. 10. PUBLIC SAFETY

5.17	Subdivision 1.Total Appropriation
 	$
	 152,112,000
	$
	152,706,000

5.18	Appropriations by Fund
	
5.19		2008
	2009
	
5.20	General
	89,202,000
	92,026,000
	
5.21	Special Revenue
	 6,788,000
	 9,846,000
	
5.22
5.23	State Government 
Special Revenue
	55,688,000
	50,392,000
	
5.24	Environmental
	67,000
	69,000
	
5.25	Trunk Highway
	367,000
	373,000
	
5.26 	The amounts that may be spent for each 
5.27 	purpose are specified in the following 
5.28 	subdivisions.

5.29	Subd. 2.Emergency Management
 		2,687,000
		2,698,000

5.30	Appropriations by Fund
	
5.31	General
	2,620,000
	2,629,000
	
5.32	Environmental
	67,000
	69,000
	
5.33 	Pandemic Flu Coordinator. $75,000 each 
5.34 	year is for one position to coordinate state 
6.1 	readiness for a pandemic flu event. This is a 
6.2 	onetime appropriation.

6.3	Subd. 3.Criminal Apprehension
 		44,606,000
		46,565,000

6.4	Appropriations by Fund
	
6.5	General
	43,787,000
	45,726,000
	
6.6	Special Revenue
	445,000
	459,000
	
6.7
6.8	State Government 
Special Revenue
	7,000
	7,000
	
6.9	Trunk Highway
	367,000
	373,000
	
6.10 	Cooperative Investigation of 
6.11 	Cross-Jurisdictional Criminal Activity.
6.12 	$93,000 each year is appropriated from the 
6.13 	Bureau of Criminal Apprehension account in 
6.14 	the special revenue fund for grants to local 
6.15 	officials for the cooperative investigation of 
6.16 	cross-jurisdictional criminal activity. Any 
6.17 	unencumbered balance remaining in the first 
6.18 	year does not cancel but is available for the 
6.19 	second year.
6.20 	Laboratory Activities. $352,000 the first 
6.21 	year and $366,000 the second year are 
6.22 	appropriated from the Bureau of Criminal 
6.23 	Apprehension account in the special revenue 
6.24 	fund for laboratory activities.
6.25 	DWI Lab Analysis. Notwithstanding 
6.26 	Minnesota Statutes, section 161.20, 
6.27 	subdivision 3, $367,000 the first year and 
6.28 	$373,000 the second year are appropriated 
6.29 	from the trunk highway fund for laboratory 
6.30 	analysis related to driving-while-impaired 
6.31 	cases.
6.32 	CriMNet Justice Information Integration.
6.33 	$2,635,000 the first year and $2,760,000 the 
6.34 	second year are for statewide information 
6.35 	integration policies. The base for this 
7.1 	appropriation in fiscal year 2010 shall be 
7.2 	$2,032,000.
7.3 	Policy Group; Report. The criminal 
7.4 	and juvenile justice information policy 
7.5 	group shall study funding sources other 
7.6 	than the general fund for new CriMNet 
7.7 	costs and present its ideas to the house 
7.8 	of representatives and senate committees 
7.9 	having jurisdiction over criminal justice 
7.10 	policy and funding by January 15, 2008.
7.11 	Forensic Scientists. $509,000 the first 
7.12 	year and $1,411,000 the second year are 
7.13 	for new forensic scientists in the Bureau of 
7.14 	Criminal Apprehension Forensic Science 
7.15 	Laboratory. If the appropriation for either 
7.16 	year is insufficient, the appropriation for the 
7.17 	other year is available for it.
7.18 	Crime Labs and Crime Strike Task Forces; 
7.19 	Working Group. The commissioner of 
7.20 	public safety shall convene a working 
7.21 	group to study and prepare a report on 
7.22 	the appropriateness of additional regional 
7.23 	forensic crime laboratories and regional 
7.24 	crime strike task forces. The commissioner 
7.25 	must consult with the chairs of the legislative 
7.26 	committees with responsibility for public 
7.27 	safety finance on the membership of the 
7.28 	working group. The Forensic Laboratory 
7.29 	Advisory Board, established under Minnesota 
7.30 	Statutes, section 299C.156, and the Gang 
7.31 	and Drug Oversight Council, established 
7.32 	under section 299A.641, must provide 
7.33 	advice and assistance to the commissioner 
7.34 	and the working group as requested by the 
7.35 	commissioner. The working group must 
8.1 	submit its report and recommendations to 
8.2 	the house of representatives and senate 
8.3 	committees with responsibility for public 
8.4 	safety finance by February 1, 2008.

8.5	Subd. 4.Fire Marshal
 		6,193,000
		9,234,000
	
8.6 	This appropriation is from the fire safety 
8.7 	account in the special revenue fund. 
8.8 	Of this amount, $3,330,000 the first year and 
8.9 	$6,300,000 the second year are for activities 
8.10 	under Minnesota Statutes, section 299F.012.

8.11	Subd. 5.Alcohol and Gambling Enforcement
 		1,792,000
		1,838,000

8.12	Appropriations by Fund
	
8.13	General
	1,642,000
	1,685,000
	
8.14	Special Revenue
	150,000
	153,000

8.15	Subd. 6.Office of Justice Programs
 		41,153,000
		41,986,000
	
8.16 	Crime Victim Reparations. $250,000 each 
8.17 	year is to increase the amount of funding for 
8.18 	crime victim reparations.
8.19 	Emergency Assistance Grants. $100,000 
8.20 	each year is for grants under Minnesota 
8.21 	Statutes, section 611A.675. This is a onetime 
8.22 	appropriation.
8.23 	Gang and Drug Task Force. $600,000 the 
8.24 	first year and $1,900,000 the second year are 
8.25 	for grants to the Gang and Drug Task Force.
8.26 	Victim Notification System. $455,000 
8.27 	each year is for the continuation of the 
8.28 	victim information and notification everyday 
8.29 	(VINE) service.
8.30 	Supervised Parenting Grants. $200,000 
8.31 	each year are for grants to organizations that 
8.32 	provide supervised parenting time services 
8.33 	to parents and children in Minnesota. The 
8.34 	commissioner shall establish grant evaluation 
9.1 	and award criteria for the program and ensure 
9.2 	that grant recipients operate in a manner 
9.3 	consistent with standards and guidelines 
9.4 	promulgated by the Supervised Visitation 
9.5 	Network. Any portion of the appropriation 
9.6 	for the first year that is not used in that year 
9.7 	is available for grants in the second year. 
9.8 	This is a onetime appropriation.
9.9 	Child Advocacy Center Grants. $50,000 
9.10 	each year is for child advocacy center 
9.11 	grants under section 18. This is a onetime 
9.12 	appropriation.
9.13 	Squad Car Cameras. $500,000 each 
9.14 	year is for grants to enable local law 
9.15 	enforcement agencies to make squad car 
9.16 	camera technology upgrades or acquisitions. 
9.17 	Of this amount, $250,000 each year for the 
9.18 	first two years is for a grant to the city of 
9.19 	Minneapolis.
9.20 	To be eligible for an acquisition grant, law 
9.21 	enforcement agencies shall provide a 25 
9.22 	percent match. No match is required for 
9.23 	upgrade grants.
9.24 	The base budget for these grants is $500,000 
9.25 	in fiscal year 2010. The base budget for 
9.26 	the grants is $0 for fiscal years 2011 and 
9.27 	thereafter.
9.28 	Crime Victim Support Grant. $100,000 
9.29 	each year is for a grant to a nonprofit 
9.30 	organization dedicated to providing 
9.31 	immediate and long-term emotional support 
9.32 	and practical help for the families and friends 
9.33 	of individuals who have died by homicide, 
9.34 	suicide, or accident. This is a onetime 
9.35 	appropriation.
10.1 	Auto Theft Emergency Grant. $75,000 
10.2 	each year is for grants under Minnesota 
10.3 	Statutes, section 611A.675, subdivision 1, 
10.4 	clause (6). This is a onetime appropriation.
10.5 	Crime Victims. $1,700,000 each year is to 
10.6 	increase funding for victim services. Of this 
10.7 	amount, 59 percent is for battered women 
10.8 	shelters, 17 percent is for domestic violence 
10.9 	programs, eight percent is for general crime 
10.10 	victims, 11 percent is for sexual assault 
10.11 	programs, and five percent is for abused 
10.12 	children programs. Of this amount, $737,000 
10.13 	each year is added to the base budget.
10.14 	COPS Grants. $1,000,000 each year is 
10.15 	to hire new peace officers and for peace 
10.16 	officer overtime pay under Minnesota 
10.17 	Statutes, section 299A.62, subdivision 1, 
10.18 	paragraph (b), clauses (1) and (2). The 
10.19 	commissioner shall award the grants based 
10.20 	on the procedures set forth under section 
10.21 	299A.62. Of this amount, at least $238,000 
10.22 	the first year and $217,000 the second year 
10.23 	must be awarded to two cities in Hennepin 
10.24 	County that are not cities of the first class 
10.25 	and have the highest Part 1 and Part 2 crime 
10.26 	rates per 100,000 inhabitants in the county as 
10.27 	calculated by the latest Bureau of Criminal 
10.28 	Apprehension report. This is a onetime 
10.29 	appropriation.
10.30 	Youth Intervention Programs. $750,000 
10.31 	each year is for youth intervention programs 
10.32 	under Minnesota Statutes, section 299A.73. 
10.33 	The commissioner shall use this money to 
10.34 	make grants to help existing programs serve 
10.35 	unmet needs in their communities and to 
11.1 	fund new programs in underserved areas of 
11.2 	the state. This is a onetime appropriation.
11.3 	Legal Advocacy for Trafficking Victims.
11.4 	$150,000 each year is for a grant for ten 
11.5 	weekly international trafficking screening 
11.6 	clinics that are staffed by attorneys from 
11.7 	a nonprofit organization that provides free 
11.8 	legal, medical, dental, mental health, shelter, 
11.9 	and vocational counseling services and 
11.10 	English language classes to trafficking 
11.11 	victims in the state. This is a onetime 
11.12 	appropriation and is available until June 30, 
11.13 	2009.
11.14 	The grant applicant shall prepare and submit 
11.15 	to the commissioner a written grant proposal 
11.16 	detailing the screening clinic free services, 
11.17 	including components of the services offered.
11.18 	Homeless Outreach. $150,000 each year is 
11.19 	for homeless outreach grants under section 
11.20 	17. This is a onetime appropriation.
11.21 	Defibrillators. $50,000 each year is for 
11.22 	grants to local law enforcement agencies 
11.23 	in counties other than metropolitan 
11.24 	counties, as defined in Minnesota Statutes, 
11.25 	section 473.121, subdivision 4, to 
11.26 	purchase defibrillators. This is a onetime 
11.27 	appropriation.
11.28 	Integrated Domestic Violence Response 
11.29 	Framework; Report. $500,000 the first 
11.30 	year is for a grant to the city of St. Paul to 
11.31 	implement an integrated domestic violence 
11.32 	response framework. The project must 
11.33 	focus on the following items: developing 
11.34 	policies, procedures, and quality assurance 
11.35 	for domestic violence responses from 911 
12.1 	operators, law enforcement, prosecutors, 
12.2 	probation, district court, victim advocates, 
12.3 	social service providers, and other identified 
12.4 	interveners; developing an information 
12.5 	gathering and dissemination plan for 
12.6 	interveners; and developing training 
12.7 	curricula for interveners. The project must 
12.8 	develop a statewide model for a domestic 
12.9 	violence response framework that may be 
12.10 	used by local criminal justice agencies and 
12.11 	advocacy programs throughout the state. The 
12.12 	city of St. Paul may contract with outside 
12.13 	organizations to assist with the duties to 
12.14 	be performed under this project. These 
12.15 	contracts, regardless of the monetary limit 
12.16 	or nature of the contract, shall be subject to 
12.17 	municipal bidding procedures or be awarded 
12.18 	through the city's request for proposal (RFP) 
12.19 	process. This is a onetime appropriation and 
12.20 	is available until June 30, 2009.
12.21 	By February 1, 2010, the city of St. Paul 
12.22 	shall report to the chairs and ranking 
12.23 	minority members of the senate and house 
12.24 	of representatives committees having 
12.25 	jurisdiction over criminal justice funding and 
12.26 	policy on the results of the project.
12.27 	Children at Risk. $250,000 each year is 
12.28 	for a grant to an organization that provides 
12.29 	services to children under the age of ten 
12.30 	who are involved or are at highest risk of 
12.31 	becoming involved in the juvenile justice 
12.32 	system and who are at highest risk of future 
12.33 	serious or violent offending, substance abuse, 
12.34 	school failure, teen pregnancy, or welfare 
12.35 	dependency. This is a onetime appropriation.
13.1 	Administration Costs. Up to 2.5 percent 
13.2 	of the grant funds appropriated in this 
13.3 	subdivision may be used to administer the 
13.4 	grant program.

13.5	Subd. 7.911 Emergency Services/ARMER
 		55,681,000
		50,385,000
	
13.6 	This appropriation is from the state 
13.7 	government special revenue fund for 911 
13.8 	emergency telecommunications services.
13.9 	Public Safety Answering Points.
13.10 	$13,664,000 each year is to be distributed 
13.11 	as provided in Minnesota Statutes, section 
13.12 	403.113, subdivision 2.
13.13 	Medical Resource Communication 
13.14 	Centers. $683,000 each year is for grants 
13.15 	to the Minnesota Emergency Medical 
13.16 	Services Regulatory Board for the Metro 
13.17 	East and Metro West Medical Resource 
13.18 	Communication Centers that were in 
13.19 	operation before January 1, 2000.
13.20 	ARMER Debt Service. $6,149,000 the 
13.21 	first year and $11,853,000 the second year 
13.22 	are to the commissioner of finance to pay 
13.23 	debt service on revenue bonds issued under 
13.24 	Minnesota Statutes, section 403.275.
13.25 	Any portion of this appropriation not needed 
13.26 	to pay debt service in a fiscal year may be 
13.27 	used by the commissioner of public safety to 
13.28 	pay cash for any of the capital improvements 
13.29 	for which bond proceeds were appropriated 
13.30 	by Laws 2005, chapter 136, article 1, section 
13.31 	9, subdivision 8; or in subdivision 8.
13.32 	The base for this appropriation is $17,557,000 
13.33 	in fiscal year 2010 and $23,261,000 in fiscal 
13.34 	year 2011.
14.1 	Metropolitan Council Debt Service.
14.2 	$1,410,000 each year is to the commissioner 
14.3 	of finance for payment to the Metropolitan 
14.4 	Council for debt service on bonds issued 
14.5 	under Minnesota Statutes, section 403.27.
14.6 	ARMER Improvements. $1,000,000 each 
14.7 	year is for the Statewide Radio Board for 
14.8 	costs of design, construction, maintenance 
14.9 	of, and improvements to those elements 
14.10 	of the statewide public safety radio and 
14.11 	communication system that support mutual 
14.12 	aid communications and emergency medical 
14.13 	services or provide interim enhancement of 
14.14 	public safety communication interoperability 
14.15 	in those areas of the state where the statewide 
14.16 	public safety radio and communication 
14.17 	system is not yet implemented.
14.18 	ARMER Interoperability Planning.
14.19 	$323,000 each year is to provide funding 
14.20 	to coordinate and plan for communication 
14.21 	interoperability between public safety 
14.22 	entities.
14.23 	ARMER State Backbone Operating Costs.
14.24 	$3,110,000 each year is to the commissioner 
14.25 	of transportation for costs of maintaining and 
14.26 	operating the first and third phases of the 
14.27 	statewide radio system backbone. The base 
14.28 	for this appropriation is $5,060,000 in fiscal 
14.29 	year 2010 and $5,060,000 in fiscal year 2011 
14.30 	to provide funding to operate one additional 
14.31 	phase of the system.
14.32 	Zone Controller. $5,400,000 the first year 
14.33 	is a onetime appropriation to upgrade zone 
14.34 	controllers and network elements in phases 
14.35 	one and two of the statewide radio system.
15.1 	Advance Project Development. $3,750,000 
15.2 	the first year is a onetime appropriation for 
15.3 	site acquisition and site development work 
15.4 	for the remaining phases of the statewide 
15.5 	radio system. This appropriation is available 
15.6 	until June 30, 2010. This appropriation is to 
15.7 	the commissioner of public safety for transfer 
15.8 	to the commissioner of transportation.
15.9 	System Design. $1,850,000 the first year is a 
15.10 	onetime appropriation to complete detailed 
15.11 	design and planning of the remaining 
15.12 	phases of the statewide radio system. 
15.13 	The commissioner of public safety and 
15.14 	the commissioner of transportation shall 
15.15 	determine the scope of the study, after 
15.16 	consulting with the Statewide Radio Board, 
15.17 	the commissioner of administration, and the 
15.18 	state chief information officer. The study 
15.19 	must address the system design for the 
15.20 	state backbone and implications for local 
15.21 	coverage, how data can be integrated, and 
15.22 	whether other public safety communication 
15.23 	networks can be integrated with the state 
15.24 	backbone. The study must estimate the 
15.25 	full cost of completing the state backbone 
15.26 	to specified standards, the cost of local 
15.27 	subsystems, and the potential advantages 
15.28 	of using a request for proposal approach 
15.29 	to solicit private sector participation in the 
15.30 	project. The study must include a financial 
15.31 	analysis of whether the estimated revenue 
15.32 	from increasing the 911 fee by up to 30 
15.33 	cents will cover the estimated debt service 
15.34 	of revenue bonds issued to finance the cost 
15.35 	of completing the statewide radio system 
15.36 	and a portion of the cost up to 50 percent 
16.1 	for local subsystems. The study must also 
16.2 	review the project organizational structure 
16.3 	and governance.

16.4	Subd. 8.ARMER Public Safety
 				186,000,000
	
16.5 	Radio and Communication System. The 
16.6 	appropriations in this subdivision are from 
16.7 	the 911 revenue bond proceeds account 
16.8 	for the purposes indicated, to be available 
16.9 	until the project is completed or abandoned, 
16.10 	subject to Minnesota Statutes, section 
16.11 	16A.642.
16.12 	The appropriations are to the commissioner 
16.13 	of public safety for transfer to the 
16.14 	commissioner of transportation to construct 
16.15 	the system backbone of the public safety 
16.16 	radio and communication system plan under 
16.17 	Minnesota Statutes, section 403.36.
16.18 	$62,000,000 of this appropriation is for 
16.19 	the second year. $62,000,000 of this 
16.20 	appropriation is available on or after July 1, 
16.21 	2009. $62,000,000 of this appropriation is 
16.22 	available on or after July 1, 2010.
16.23 	The commissioner of public safety and the 
16.24 	commissioner of transportation shall certify 
16.25 	to the chairs of the house of representatives 
16.26 	Public Safety Finance Division of the 
16.27 	Finance Committee and the senate Public 
16.28 	Safety Budget Division of the Finance 
16.29 	Committee that the detailed design has been 
16.30 	completed and that the financial analysis 
16.31 	finds that sufficient revenue will be generated 
16.32 	by proposed changes in the 911 fee to cover 
16.33 	all estimated debt service on revenue bonds 
16.34 	proposed to be issued to complete the system 
16.35 	before the appropriation is made available. 
17.1 	The commissioner of finance shall not 
17.2 	approve any fee increase under Minnesota 
17.3 	Statutes, section 403.11, subdivision 1, 
17.4 	paragraph (c), until this certification is made.
17.5 	Bond Sale Authorization. To provide the 
17.6 	money appropriated in this subdivision, 
17.7 	the commissioner of finance shall sell and 
17.8 	issue bonds of the state in an amount up to 
17.9 	$186,000,000 in the manner, upon the terms, 
17.10 	and with the effect prescribed by Minnesota 
17.11 	Statutes, section 403.275.

17.12
17.13	Sec. 11. PEACE OFFICER STANDARDS 
AND TRAINING (POST) BOARD
 	$
	4,296,000
	$
	4,278,000
	
17.14 	Excess Amounts Transferred. This 
17.15 	appropriation is from the peace officer 
17.16 	training account in the special revenue fund. 
17.17 	Any new receipts credited to that account in 
17.18 	the first year in excess of $4,296,000 must be 
17.19 	transferred and credited to the general fund. 
17.20 	Any new receipts credited to that account in 
17.21 	the second year in excess of $4,278,000 must 
17.22 	be transferred and credited to the general 
17.23 	fund.
17.24 	Peace Officer Training Reimbursements.
17.25 	$3,159,000 the first year and $ 3,159,000 the 
17.26 	second year are for reimbursements to local 
17.27 	governments for peace officer training costs.
17.28 	No Contact Orders. The board shall: (1) 
17.29 	revise and update preservice courses and 
17.30 	develop in-service training courses related 
17.31 	to no contact orders in domestic violence 
17.32 	cases and domestic violence dynamics; and 
17.33 	(2) reimburse peace officers who have taken 
17.34 	training courses described in clause (1). 
17.35 	At a minimum, the training must include 
18.1 	instruction in the laws relating to no contact 
18.2 	orders and address how to best coordinate 
18.3 	law enforcement resources relating to no 
18.4 	contact orders. In addition, the training 
18.5 	must include a component to instruct peace 
18.6 	officers on doing risk assessments of the 
18.7 	escalating factors of lethality in domestic 
18.8 	violence cases. The board must consult with 
18.9 	a statewide domestic violence organization 
18.10 	in developing training courses. The board 
18.11 	shall utilize a request for proposal process in 
18.12 	awarding training contracts. The recipient 
18.13 	of the training contract must conduct these 
18.14 	trainings with advocates or instructors from 
18.15 	a statewide domestic violence organization.
18.16 	Beginning on January 1, 2008, the board may 
18.17 	not approve an in-service training course 
18.18 	relating to domestic abuse that does not 
18.19 	comply with this section.

18.20
18.21	Sec. 12. BOARD OF PRIVATE DETECTIVES 
AND PROTECTIVE AGENT SERVICES
 	$
	129,000
	$
	132,000

18.22	Sec. 13. HUMAN RIGHTS
 	$
	4,986,000
	$
	3,733,000
	
18.23 	Management Information System.
18.24 	$1,403,000 the first year and $55,000 the 
18.25 	second year are for the replacement of 
18.26 	the department's tracking and compliance 
18.27 	databases with a management information 
18.28 	system.
18.29 	Evaluation. The department shall conduct 
18.30 	a survey that evaluates the outcome of 
18.31 	complaints filed with the department and 
18.32 	whether or not a charging party is satisfied 
18.33 	with the outcome of a complaint and 
18.34 	the process by which the complaint is 
19.1 	reviewed and handled by the department. 
19.2 	The department shall evaluate complaints 
19.3 	for which a probable cause or no probable 
19.4 	cause determination is made. The survey 
19.5 	must seek to determine the reasons for any 
19.6 	dissatisfaction and whether a party sought an 
19.7 	appeal or reconsideration of a determination 
19.8 	or decision. The survey shall evaluate 
19.9 	complaints filed or resolved in the past two 
19.10 	years. By January 15, 2008, the department 
19.11 	shall summarize the survey findings and file 
19.12 	a report with the chairs and ranking minority 
19.13 	members of the house of representatives 
19.14 	and senate committees having jurisdiction 
19.15 	over criminal justice policy and funding that 
19.16 	discusses the findings and any recommended 
19.17 	changes in policies, procedures, or staffing 
19.18 	the department proposes to undertake in 
19.19 	response to the findings.
19.20 	Inmate Complaints, Assaults, and 
19.21 	Fatalities; Corrections Ombudsman; 
19.22 	Working Group; Report. By August 1, 
19.23 	2007, the commissioner of human rights shall 
19.24 	convene a working group to study how the 
19.25 	state addresses inmate complaints, assaults, 
19.26 	and deaths in county jails, workhouses, 
19.27 	and prisons. The commissioner shall serve 
19.28 	as chair of the working group and invite 
19.29 	representatives from the Department of 
19.30 	Corrections, legislature, Minnesota Sheriffs' 
19.31 	Association, Minnesota Association of 
19.32 	Community Corrections Act counties, state 
19.33 	bar association, criminal victims justice 
19.34 	unit, Council on Black Minnesotans, Indian 
19.35 	Affairs Council, Council on Asian-Pacific 
19.36 	Minnesotans, Chicano/Latino Affairs 
20.1 	Council, University of Minnesota Law 
20.2 	School, Immigrant Law Center of Minnesota, 
20.3 	the ombudsman for mental health and 
20.4 	developmental disabilities, and other 
20.5 	interested parties to participate in the 
20.6 	working group. The group must: (1) assess 
20.7 	how state and local units of government 
20.8 	currently process and respond to inmate 
20.9 	complaints, assaults, and deaths; (2) assess 
20.10 	the effectiveness of the state's former 
20.11 	corrections ombudsman program; (3) study 
20.12 	other states' corrections ombudsmen; (4) 
20.13 	study whether the state should conduct 
20.14 	a fatality review process for inmates 
20.15 	who die while in custody; and (5) make 
20.16 	recommendations on how state and local 
20.17 	units of government should systematically 
20.18 	address inmate complaints, assaults, and 
20.19 	deaths, including the need to reappoint a 
20.20 	corrections ombudsman. The commissioner 
20.21 	of corrections shall provide to the working 
20.22 	group summary data on assaults and 
20.23 	deaths that have occurred in state and local 
20.24 	correctional facilities. The commissioner of 
20.25 	human rights shall file a report detailing the 
20.26 	group's findings and recommendations with 
20.27 	the chairs and ranking minority members 
20.28 	of the house of representatives and senate 
20.29 	committees having jurisdiction over criminal 
20.30 	justice policy and funding by January 15, 
20.31 	2008.
20.32 	Attorney General; Continuation of 
20.33 	Services. The attorney general shall continue 
20.34 	to provide conciliation services and conduct 
20.35 	settlement conferences for the department 
20.36 	in situations where the commissioner has 
21.1 	determined that there is probable cause to 
21.2 	believe that a person has engaged in an unfair 
21.3 	discriminatory practice. 

21.4	Sec. 14. DEPARTMENT OF CORRECTIONS

21.5	Subdivision 1.Total Appropriation
 	$
	460,829,000
	$
	475,954,000

21.6	Appropriations by Fund
	
21.7		2008
	2009
	
21.8	General
	459,939,000
	475,064,000
	
21.9	Special Revenue
	890,000
	890,000
	
21.10 	The amounts that may be spent for each 
21.11 	purpose are specified in the following 
21.12 	subdivisions.

21.13	Subd. 2.Correctional Institutions
 		323,492,000
		336,631,000

21.14	Appropriations by Fund
	
21.15	General
	322,912,000
	336,051,000
	
21.16	Special Revenue
	580,000
	580,000
	
21.17 	Contracts for Beds at Rush City. If the 
21.18 	commissioner contracts with other states, 
21.19 	local units of government, or the federal 
21.20 	government to rent beds in the Rush City 
21.21 	Correctional Facility, the commissioner shall 
21.22 	charge a per diem under the contract, to the 
21.23 	extent possible, that is equal to or greater 
21.24 	than the per diem cost of housing Minnesota 
21.25 	inmates in the facility.
21.26 	Notwithstanding any law to the contrary, the 
21.27 	commissioner may use per diems collected 
21.28 	under contracts for beds at MCF-Rush City 
21.29 	to operate the state correctional system.
21.30 	Offender Re-Entry Services. $400,000 
21.31 	each year is for increased funding for 
21.32 	expansion of offender re-entry services in the 
21.33 	institutions and staffing for the Department 
21.34 	of Corrections MCORP program.

22.1	Subd. 3.Community Services
 		119,821,000
		121,396,000

22.2	Appropriations by Fund
	
22.3	General
	119,721,000
	121,296,000
	
22.4	Special Revenue
	100,000
	100,000
	
22.5 	ISR Agents, Challenge Incarceration 
22.6 	Program. $600,000 the first year and 
22.7 	$1,000,000 the second year are for intensive 
22.8 	supervised release agents for the challenge 
22.9 	incarceration program.
22.10 	ISR Agents, Conditional Release Program.
22.11 	$300,000 each year is for intensive supervised 
22.12 	release agents for the conditional release 
22.13 	program. This is a onetime appropriation.
22.14 	Interstate Compact. $225,000 each year is 
22.15 	for increased costs based on changes made to 
22.16 	the Interstate Compact for Adult Offender 
22.17 	Supervision, Minnesota Statutes, section 
22.18 	243.1605.
22.19 	Sex Offenders, Civil Commitment and 
22.20 	Tracking. $350,000 each year is to fund a 
22.21 	legal representative for civil commitments 
22.22 	and to manage and track sex offenders.
22.23 	Probation Supervision, CCA System.
22.24 	$2,800,000 each year is added to the 
22.25 	Community Corrections Act subsidy, 
22.26 	Minnesota Statutes, section 401.14.
22.27 	Probation Supervision, CPO System.
22.28 	$600,000 each year is added to the county 
22.29 	probation officers reimbursement base.
22.30 	Probation Supervision, DOC System.
22.31 	$600,000 each year is for the Department of 
22.32 	Corrections probation and supervised release 
22.33 	unit.
23.1 	Probation, Caseload Reduction.
23.2 	$2,000,000 each year is for adult and juvenile 
23.3 	felon offender management to be distributed 
23.4 	statewide by the Community Corrections Act 
23.5 	formula. These appropriations may be used 
23.6 	for sex offender management. 
23.7 	Sex Offender Treatment. $500,000 each 
23.8 	year are to increase funding for providing 
23.9 	treatment for sex offenders on community 
23.10 	supervision.
23.11 	Sentencing to Service. $600,000 each 
23.12 	year is to increase funding for sentencing 
23.13 	to service activities such as highway litter 
23.14 	cleanup.
23.15 	Short-Term Offenders. $2,500,000 each 
23.16 	year is to increase funding for the costs 
23.17 	associated with the housing and care of 
23.18 	short-term offenders. The commissioner may 
23.19 	use up to 20 percent of the total amount of the 
23.20 	appropriation for inpatient medical care for 
23.21 	short-term offenders. All funds remaining at 
23.22 	the end of the fiscal year not expended for 
23.23 	inpatient medical care must be added to and 
23.24 	distributed with the housing funds. These 
23.25 	funds must be distributed proportionately 
23.26 	based on the total number of days short-term 
23.27 	offenders are placed locally, not to exceed 
23.28 	$70 per day.
23.29 	The department is exempt from the state 
23.30 	contracting process for the purposes of 
23.31 	paying short-term offender costs relating to 
23.32 	Minnesota Statutes, section 609.105.
23.33 	Offender Re-Entry Service. $550,000 each 
23.34 	year is for offender job-seeking services, 
23.35 	evidence-based research, expansion of 
24.1 	re-entry services specific to juveniles, 
24.2 	and funding to local units of government 
24.3 	participating in MCORP to provide re-entry 
24.4 	programming to offenders.
24.5 	Offender Re-Entry Grant. $600,000 the 
24.6 	first year and $1,000,000 the second year 
24.7 	are for grants to the nonprofit organization 
24.8 	selected to administer the demonstration 
24.9 	project for high-risk adults under section 19. 
24.10 	This is a onetime appropriation.
24.11 	Employment Services for Ex-Offenders.
24.12 	$200,000 each year is for grants to a nonprofit 
24.13 	organization to establish a pilot project to 
24.14 	provide employment services to ex-criminal 
24.15 	offenders living in the North Minneapolis 
24.16 	community as provided for in section 21. 
24.17 	This is a onetime appropriation.
24.18 	Domestic Abuse Re-Entry Grants.
24.19 	$200,000 each year is for the grant 
24.20 	authorized in section 20. This is a onetime 
24.21 	appropriation.
24.22 	Re-Entry; Productive Day. $150,000 
24.23 	each year is appropriated from the general 
24.24 	fund to the commissioner of corrections 
24.25 	for the fiscal biennium ending June 30, 
24.26 	2009. The commissioner shall distribute the 
24.27 	money as a grant to the Arrowhead Regional 
24.28 	Corrections Agency to expand the agency's 
24.29 	productive day initiative program, as defined 
24.30 	in Minnesota Statutes, section 241.275, 
24.31 	to include juvenile offenders who are 16 
24.32 	years of age and older. This is a onetime 
24.33 	appropriation.
24.34 	Mentoring Grants. $375,000 each year 
24.35 	is for mentoring grants under Minnesota 
25.1 	Statutes, section 241.90. The grant recipient 
25.2 	may collaborate with local parks and 
25.3 	recreation departments and may reimburse 
25.4 	the departments for the use of their facilities 
25.5 	by the grant recipient. This is a onetime 
25.6 	appropriation.
25.7 	Short-Term Offender Study; Report.
25.8 	The commissioner shall study the use and 
25.9 	effectiveness of the short-term offender 
25.10 	program and identify gaps in the current 
25.11 	system relating to programming and 
25.12 	re-entry services for short-term offenders. 
25.13 	On or before November 1, 2007, the 
25.14 	commissioner shall submit a report 
25.15 	detailing the commissioner's findings 
25.16 	and recommendations to the house of 
25.17 	representatives and senate committees with 
25.18 	jurisdiction over public safety policy and 
25.19 	funding.

25.20	Subd. 4.Operations Support
 		17,516,000
		17,927,000

25.21	Appropriations by Fund
	
25.22	General
	17,306,000
	17,717,000
	
25.23	Special Revenue
	210,000
	210,000

25.24	Sec. 15. SENTENCING GUIDELINES
 	$
	704,000
	$
	609,000
	
25.25 	Effectiveness of Re-Entry Programs and 
25.26 	Drug Courts; Study. The Sentencing 
25.27 	Guidelines Commission, in consultation 
25.28 	with the commissioner of corrections and 
25.29 	the state court administrator, shall study: (1) 
25.30 	the effectiveness of the offender re-entry 
25.31 	funding and programs authorized in this act; 
25.32 	and (2) the effectiveness of the state's drug 
25.33 	courts. The report must assess the impact 
25.34 	this act's re-entry grants and programs and 
25.35 	the state's drug court funding had on the 
26.1 	recidivism rate of offenders who participated 
26.2 	in programs that received re-entry grants 
26.3 	or drug courts, attempt to calculate related 
26.4 	savings, if any, in incarceration costs, and 
26.5 	develop a formula by which to measure the 
26.6 	impact in incarceration costs. The executive 
26.7 	director of the commission shall file an 
26.8 	interim report by January 15, 2008, and a 
26.9 	final report by January 15, 2009, with the 
26.10 	chairs and minority members of the house of 
26.11 	representatives and senate committees with 
26.12 	jurisdiction over public safety policy and 
26.13 	funding.
26.14 	Collateral Sanctions Committee. $100,000 
26.15 	the first year is for the Collateral Sanctions 
26.16 	Committee described in article 7, section 
26.17 	23. This money must be used for staffing, 
26.18 	conducting research, conducting public 
26.19 	hearings, reimbursing committee members 
26.20 	for reasonable expenses, and for the required 
26.21 	report.
26.22 	Changes to Grid for Controlled Substance 
26.23 	Offenses. The commission shall propose 
26.24 	changed rankings for controlled substance 
26.25 	offenses on the sentencing guidelines grid. 
26.26 	The proposal must encompass the following 
26.27 	factors:
26.28 	(1) the proportionality of Minnesota's drug 
26.29 	sentencing provisions when compared to 
26.30 	sentencing provisions for other crimes in 
26.31 	Minnesota;
26.32 	(2) the proportionality of Minnesota's drug 
26.33 	sentencing provisions when compared to 
26.34 	drug sentencing provisions throughout the 
26.35 	United States, including the Federal system;
27.1 	(3) the average and the range of criminal 
27.2 	history scores for each level of drug offender 
27.3 	currently incarcerated in Minnesota's prisons;
27.4 	(4) the criminal history of offenders who 
27.5 	would be impacted by the commission's 
27.6 	recommendations;
27.7 	(5) the type and quantity of Minnesota 
27.8 	correctional resources that are dedicated to 
27.9 	all drug offenders; and
27.10 	(6) the projected annual cost to the 
27.11 	Department of Corrections of incarcerating 
27.12 	all drug offenders in state prisons over the 
27.13 	next ten years, under present grid rankings 
27.14 	and under the proposed grid rankings.
27.15 	The commission's proposal shall not take 
27.16 	effect, except as provided in Minnesota 
27.17 	Statutes, section 244.09, subdivision 11.

27.18 	Sec. 16. [241.90] MENTORING GRANT FOR CHILDREN OF 
27.19 	INCARCERATED PARENTS.
27.20 		Subdivision 1.Mentoring grant. The commissioner of corrections shall award 
27.21 	a grant to nonprofit organizations that provide one-to-one mentoring relationships to 
27.22 	youth enrolled between the ages of seven to 13 whose parent or other significant family 
27.23 	member is incarcerated in a county workhouse, county jail, state prison, or other type of 
27.24 	correctional facility or is subject to correctional supervision. The intent of the grant is 
27.25 	to provide children with adult mentors to strengthen developmental outcomes, including 
27.26 	enhanced self-confidence and esteem; improved academic performance; and improved 
27.27 	relationships with peers, family, and other adults that may prevent them from entering the 
27.28 	juvenile justice system.
27.29 		Subd. 2.Grant criteria. As a condition of receiving grants, the grant recipients 
27.30 	shall do the following:
27.31 	(1) collaborate with other organizations that have a demonstrated history of 
27.32 	providing services to youth and families in disadvantaged situations; 
27.33 	(2) implement procedures to ensure that 100 percent of the mentors pose no safety 
27.34 	risk to the child and have the skills to participate in a mentoring relationship;
28.1 	(3) provide enhanced training to mentors focusing on asset building and family 
28.2 	dynamics when a parent is incarcerated; and 
28.3 	(4) provide an individual family plan and aftercare.
28.4 		Subd. 3.Program evaluation. Grant recipients shall submit an evaluation plan 
28.5 	to the commissioner delineating the program and student outcome goals and activities 
28.6 	implemented to achieve the stated outcomes. The goals must be clearly stated and 
28.7 	measurable. Grant recipients shall collect, analyze, and report on participation and 
28.8 	outcome data that enable the department to verify that the program goals were met.

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

28.10 	Sec. 17. HOMELESS OUTREACH GRANTS.
 28.11 		Subdivision 1.Grant program. The commissioner of public safety shall establish a 
28.12 	grant program to connect people experiencing homelessness to housing and services for 
28.13 	purposes of reducing recidivism and promoting stronger communities.
28.14 		Subd. 2.Grant recipients. The commissioner, in consultation with the director 
28.15 	of ending long-term homelessness, the Ending Long-Term Homelessness Advisory 
28.16 	Council, and the Office of Economic Opportunity of the Department of Human Services, 
28.17 	shall award grants to agencies experienced in homeless outreach services and provide 
28.18 	needed staff qualified to work with people with serious mental illness or chemical 
28.19 	dependency, and employ outreach staff who are trained and qualified to work with racially 
28.20 	and culturally diverse populations.
28.21 		Subd. 3.Project design. Projects eligible for grants under this section must do 
28.22 	the following:
28.23 	(1) provide outreach services that may be targeted to, but are not limited to, people 
28.24 	experiencing long-term homelessness and homeless people who have had repeated 
28.25 	interactions with law enforcement;
28.26 	(2) provide outreach services that will provide intervention strategies linking people 
28.27 	to housing and services as an alternative to arrest;
28.28 	(3) provide a plan to connect people experiencing homelessness to services for 
28.29 	which they may be eligible, such as Supplemental Security Income, veterans benefits, 
28.30 	health care, housing assistance, and long-term support programs for those with significant 
28.31 	barriers to living on their own;
28.32 	(4) demonstrate partnership or collaboration with local law enforcement, which may 
28.33 	include joint application for homeless outreach grants, joint sharing in administration of 
28.34 	the grant, development of protocol defining when outreach workers are called upon, 
28.35 	and shared training opportunities;
29.1 	(5) promote community collaboration with local and county governments, social 
29.2 	services providers, mental health crisis providers, and other community organizations 
29.3 	that address homelessness;
29.4 	(6) provide a plan to leverage resources from the entities listed in clause (5) and other 
29.5 	private sources to accomplish the goal of moving people into housing and services; and
29.6 	(7) provide a plan to measure and evaluate the program's effectiveness in connecting 
29.7 	people experiencing homelessness to housing and services and reducing the use of public 
29.8 	safety and corrections resources.
29.9 		Subd. 4.Annual report. Grant recipients shall report to the commissioner by June 
29.10 	30 of each year on the services and programs provided, expenditures of grant money, 
29.11 	and an evaluation of the program's success in connecting individuals experiencing 
29.12 	homelessness to housing and services, and reducing the use of public safety and 
29.13 	corrections resources. The commissioner shall independently evaluate the effectiveness of 
29.14 	the grant recipients in achieving the goals of the program and report the results of this 
29.15 	evaluation and other information on the grant program to the chairs and ranking minority 
29.16 	members of the senate and house of representatives divisions having jurisdiction over 
29.17 	criminal justice funding by January 15, 2010.

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

29.19 	Sec. 18. CHILD ADVOCACY CENTER GRANTS.
 29.20 		Subdivision 1.Purpose. Grants under this section are provided to stabilize funding 
29.21 	and ensure the continued viability of core functions relating to child maltreatment 
29.22 	investigations, interviews, treatment, and related training. The grants ensure that child 
29.23 	victims of abuse have access to safe, secure facilities and that law enforcement has access 
29.24 	to the tools necessary for the successful apprehension and conviction of child predators. 
29.25 	The grants ensure that important government duties relating to the protection of children 
29.26 	are not ignored and subjected to unstable, irregular funding sources. The grants provide 
29.27 	funding for state mandates relating to child maltreatment reporting and assessment.
29.28 		Subd. 2.Criteria. (a) Grants must be made only to child advocacy centers that are 
29.29 	accredited members in good standing with the National Children's Alliance or are actively 
29.30 	pursuing that status.
29.31 	(b) Grant awards may be used for:
29.32 	(1) child interview or investigation programs and facilities;
29.33 	(2) coordination of or referral for support services; or
29.34 	(3) related statewide training programs.
30.1 	(c) To be eligible for a grant, a child advocacy center must facilitate the provision of 
30.2 	the following core services:
30.3 	(1) support and services for alleged child abuse victims and their families;
30.4 	(2) coordination of investigations of child abuse by providing a location for forensic 
30.5 	interviews;
30.6 	(3) promoting the coordination of services for children alleged to have been abused;
30.7 	(4) forensic medical examinations;
30.8 	(5) mental health and related support services;
30.9 	(6) court advocacy; and
30.10 	(7) consultation and training of multidisciplinary child protection teams.

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

30.12 	Sec. 19. DEMONSTRATION PROJECT FOR HIGH-RISK ADULTS.
 30.13 		Subdivision 1.Definition. For purposes of this section, "high-risk adult" means an 
30.14 	adult with a history of some combination of substance abuse, mental illness, chronic 
30.15 	unemployment, incarceration, or homelessness. High-risk adults are considered to be 
30.16 	very likely to enter or re-enter state or county correctional programs or chemical or 
30.17 	mental health programs.
30.18 		Subd. 2.Establishment. (a) The commissioner of corrections shall contract with 
30.19 	one nonprofit entity to conduct this demonstration project and document the effectiveness 
30.20 	of this model. Initially, the demonstration will operate in the Twin Cities metropolitan area.
30.21 	(b) At a minimum, the contractor shall meet the following criteria:
30.22 	(1) be an incorporated, nonprofit organization that is capable of managing and 
30.23 	operating a multidisciplinary model for providing high-risk adults with housing, short-term 
30.24 	work, health care, behavioral health care, and community re-engagement;
30.25 	(2) demonstrate an ability to organize and manage an alliance of nonprofit 
30.26 	organizations providing services to high-risk adults;
30.27 	(3) have organizational leaders with a demonstrated ability to organize, manage, 
30.28 	and lead service teams consisting of workers from multiple service providers that deliver 
30.29 	direct support to high-risk adults;
30.30 	(4) have experience with providing a comprehensive set of housing, work, health 
30.31 	care, behavioral health care, and community re-engagement services to high-risk adults; 
30.32 	and
30.33 	(5) be a recipient of foundation and other private funds for the refinement and testing 
30.34 	of a demonstration of this type.
31.1 		Subd. 3.Scope of the demonstration project. The contractor undertaking this 
31.2 	demonstration project shall do the following, as part of this project:
31.3 	(1) enroll eligible high-risk adults over the demonstration project period, starting 
31.4 	December 1, 2007;
31.5 	(2) using best practices derived from research and testing, provide or assist in 
31.6 	arranging access to services for high-risk adults enrolled in the demonstration project, 
31.7 	including, at a minimum, housing, behavioral health services, health care, employment, 
31.8 	and community and family re-engagement;
31.9 	(3) maximize the performance of existing services and programs by coordinating 
31.10 	access to and the delivery of these services; and
31.11 	(4) define conditions under which enrollees are considered to be in good standing 
31.12 	and allowed to remain in the demonstration project. 
31.13 	The conditions under clause (4) may include, but are not limited to, the following:
31.14 	(i) living in stable and safe housing;
31.15 	(ii) working and earning an income;
31.16 	(iii) paying child support, if appropriate;
31.17 	(iv) participating in treatment programs, if appropriate; and
31.18 	(v) having no arrests.
31.19 		Subd. 4.Eligibility. The following types of individuals are eligible for enrollment 
31.20 	in this demonstration project:
31.21 	(1) high-risk adults;
31.22 	(2) high-risk adults in the process of being released from state correctional facilities, 
31.23 	county detention facilities, community-based treatment or detoxification facilities, 
31.24 	community corrections halfway houses, or other similar programs, or on probation; and
31.25 	(3) high-risk adults willing to accept the requirements imposed on enrollees in the 
31.26 	demonstration project, including, but not limited to, maintaining steady employment; 
31.27 	paying child support, if applicable; remaining drug-free and alcohol-free, if applicable; 
31.28 	and no criminal activity.
31.29 		Subd. 5.Payment. To the extent funds are appropriated for the purposes of this 
31.30 	section, the commissioner of corrections shall pay to the entity under contract a monthly 
31.31 	fee of $1,600 for each enrollee who (1) had been in the custody of the commissioner of 
31.32 	corrections within the preceding year, and (2) is in good standing in the demonstration 
31.33 	project.
31.34 		Subd. 6.Report. (a) By January 15 of each year, the entity under contract shall 
31.35 	submit a report to the commissioners of corrections, human services, employment and 
32.1 	economic development, and housing finance, and the legislature. The report must include 
32.2 	the following:
32.3 	(1) the number of participants who have been enrolled and the number currently 
32.4 	participating in the demonstration project;
32.5 	(2) a description of the services provided to enrollees over the past year and over the 
32.6 	duration of the demonstration project to date;
32.7 	(3) an accounting of the costs associated with the enrollees over the past year and 
32.8 	over the duration of the demonstration project to date; and
32.9 	(4) any other information requested by the commissioners of corrections, human 
32.10 	services, employment and economic development, and housing finance, and the legislature.
32.11 	(b) The report must include recommendations on improving and expanding the 
32.12 	project to other geographical areas of the state.
32.13 	(c) The report must include an update on the status of the independent evaluation 
32.14 	required in subdivision 7.
32.15 		Subd. 7.Independent evaluation. An independent evaluator selected by the 
32.16 	commissioner of corrections shall conduct an evaluation of the project. The independent 
32.17 	evaluator shall complete and submit a report of findings and recommendations to the 
32.18 	commissioners of corrections, human services, employment and economic development, 
32.19 	and housing finance, and the legislature. This independent evaluation must be developed 
32.20 	and implemented concurrently with the demonstration project, beginning on December 
32.21 	1, 2007. The final report is due upon completion of the demonstration project and must 
32.22 	be submitted to the above-named entities.

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

32.24 	Sec. 20. RE-ENTRY GRANT ADDRESSING DOMESTIC VIOLENCE AND 
32.25 	INTIMATE PARTNER VIOLENCE.
 32.26 		Subdivision 1.Re-entry grant. The commissioner of corrections shall award a 
32.27 	grant to a nonprofit having a section 501(c)(3) status with the Internal Revenue Service 
32.28 	or a public or private institution of higher education that has expertise in addressing the 
32.29 	intersection between offender re-entry and domestic violence. The intent of the grant is 
32.30 	to provide services to re-entering offenders and their intimate partners to: (1) reduce the 
32.31 	incidence of domestic violence among offenders re-entering the community; (2) reduce 
32.32 	occurrences of domestic violence, serious injury, and death experienced by intimate 
32.33 	partners who are in relationships with offenders recently released from jail or prison; and 
32.34 	(3) reduce criminal recidivism due to domestic violence.
33.1 		Subd. 2.Grant criteria. As a condition of receiving the grant, the grant recipient 
33.2 	must:
33.3 	(1) subcontract with at least one community-based domestic abuse counseling 
33.4 	or educational program and at least one crime victim service provider to provide 
33.5 	comprehensive services to recently released offenders and their intimate partners;
33.6 	(2) train the organizations selected pursuant to clause (1) on research-based practices 
33.7 	and best practices in addressing the intersection of offender re-entry and domestic 
33.8 	violence; and
33.9 	(3) serve as liaison to the Department of Corrections and provide technical 
33.10 	assistance, training, and coordination to the organizations selected pursuant to clause (1) 
33.11 	in implementing policies that address the intersection of offender re-entry and domestic 
33.12 	violence.
33.13 		Subd. 3.Program evaluation. The grant recipient must rigorously evaluate the 
33.14 	effectiveness of its intervention and work with subcontracted organizations to collect data. 
33.15 	The grant recipient must submit an evaluation plan to the commissioner of corrections 
33.16 	delineating project goals and specific activities performed to achieve those goals.

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

33.18 	Sec. 21. EMPLOYMENT SERVICES FOR EX-CRIMINAL OFFENDERS; 
33.19 	PILOT PROJECT.
 33.20 	(a) The commissioner of corrections shall issue a grant to a nonprofit organization to 
33.21 	establish a pilot project to provide employment services to ex-criminal offenders living 
33.22 	in the North Minneapolis community. The pilot project must provide the ex-offender 
33.23 	participants with a continuum of employment services that identifies their needs; 
33.24 	intervenes with them through case management if they are struggling; and provides them 
33.25 	with work readiness, skill training, chemical and mental health referrals, housing support, 
33.26 	job placement, work experience, and job retention support. The pilot project shall work 
33.27 	with community corrections officials, faith-based organizations, and businesses to create 
33.28 	an array of support opportunities for the participants.
33.29 	(b) By January 15, 2010, the commissioner of corrections shall report to the chairs 
33.30 	and ranking minority members of the senate and house of representatives committees and 
33.31 	divisions having jurisdiction over criminal justice policy and funding on the activities 
33.32 	conducted by the grant recipient and the effectiveness of the pilot project.

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

34.1 	ARTICLE 2
34.2 	GENERAL CRIME

34.3 	Section 1. Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to 
34.4 	read:
34.5 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
34.6 	is an order issued by a court against a defendant in a criminal proceeding for:
34.7 	(1) domestic abuse;
34.8 	(2) harassment or stalking charged under section 609.749 and committed against 
34.9 	a family or household member;
34.10 	(3) violation of an order for protection charged under subdivision 14; or
34.11 	(4) violation of a prior domestic abuse no contact order charged under this 
34.12 	subdivision.
34.13 	It includes pretrial orders before final disposition of the case and probationary orders 
34.14 	after sentencing.
34.15 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
34.16 	against the person and violates the order is guilty of a misdemeanor.
34.17 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
34.18 	subdivision within ten years of a previous qualified domestic violence-related offense 
34.19 	conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under 
34.20 	this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment 
34.21 	and must be ordered to participate in counseling or other appropriate programs selected 
34.22 	by the court as provided in section 518B.02. Notwithstanding section 609.135, the court 
34.23 	must impose and execute the minimum sentence provided in this paragraph for gross 
34.24 	misdemeanor convictions.
34.25 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
34.26 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
34.27 	person knowingly violates this subdivision: (1) within ten years of the first of two or 
34.28 	more previous qualified domestic violence-related offense convictions or adjudications 
34.29 	of delinquency; or (2) while possessing a dangerous weapon, as defined in section 
34.30 	609.02, subdivision 6. Upon a felony conviction under this paragraph in which the 
34.31 	court stays imposition or execution of sentence, the court shall impose at least a 30-day 
34.32 	period of incarceration as a condition of probation. The court also shall order that the 
34.33 	defendant participate in counseling or other appropriate programs selected by the court. 
34.34 	Notwithstanding section 609.135, the court must impose and execute the minimum 
34.35 	sentence provided in this paragraph for felony convictions.
35.1 	(d) (e) A peace officer shall arrest without a warrant and take into custody a person 
35.2 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
35.3 	contact order, even if the violation of the order did not take place in the presence of the 
35.4 	peace officer, if the existence of the order can be verified by the officer. The person shall 
35.5 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
35.6 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
35.7 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
35.8 	immune from civil liability that might result from the officer's actions.

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

35.11 	Sec. 2. Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
35.12 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
35.13 	violence-related offense" includes a violation of or an attempt to violate the following 
35.14 	offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for 
35.15 	protection); 518B.01, subdivision 22 (violation of domestic abuse no contact order); 
35.16 	609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree 
35.17 	assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
35.18 	(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 
35.19 	609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual 
35.20 	conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree 
35.21 	criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
35.22 	(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
35.23 	(violation of harassment restraining order); 609.749 (harassment/stalking); and 609.78, 
35.24 	subdivision 2 (interference with an emergency call); and similar laws of other states, the 
35.25 	United States, the District of Columbia, tribal lands, and United States territories.

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

35.28 	Sec. 3. Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to read:
35.29 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 
35.30 	609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), 
35.31 	and (h) to (m) (o), includes any of the following acts committed without the complainant's 
35.32 	consent, except in those cases where consent is not a defense, and committed with sexual 
35.33 	or aggressive intent: 
36.1 	(i) the intentional touching by the actor of the complainant's intimate parts, or
36.2 	(ii) the touching by the complainant of the actor's, the complainant's, or another's 
36.3 	intimate parts effected by a person in a position of authority, or by coercion, or by 
36.4 	inducement if the complainant is under 13 years of age or mentally impaired, or
36.5 	(iii) the touching by another of the complainant's intimate parts effected by coercion 
36.6 	or by a person in a position of authority, or
36.7 	(iv) in any of the cases above, the touching of the clothing covering the immediate 
36.8 	area of the intimate parts.
36.9 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g) 
36.10 	and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts 
36.11 	committed with sexual or aggressive intent: 
36.12 	(i) the intentional touching by the actor of the complainant's intimate parts;
36.13 	(ii) the touching by the complainant of the actor's, the complainant's, or another's 
36.14 	intimate parts;
36.15 	(iii) the touching by another of the complainant's intimate parts; or
36.16 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
36.17 	area of the intimate parts.
36.18 	(c) "Sexual contact with a person under 13" means the intentional touching of the 
36.19 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening 
36.20 	with sexual or aggressive intent or the touching by the complainant's bare genitals or anal 
36.21 	opening of the actor's or another's bare genitals or anal opening with sexual or aggressive 
36.22 	intent.

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

36.25 	Sec. 4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
36.26 		Subdivision 1.Crime defined. A person who engages in sexual penetration with 
36.27 	another person is guilty of criminal sexual conduct in the third degree if any of the 
36.28 	following circumstances exists:
36.29 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
36.30 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
36.31 	act by the complainant shall be a defense;
36.32 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more 
36.33 	than 24 months older than the complainant. In any such case if the actor is no more 
36.34 	than 120 months older than the complainant, it shall be an affirmative defense, which 
36.35 	must be proved by a preponderance of the evidence, that the actor reasonably believes 
37.1 	the complainant to be 16 years of age or older. In all other cases, mistake as to the 
37.2 	complainant's age shall not be a defense. If the actor in such a case is no more than 48 
37.3 	months but more than 24 months older than the complainant, the actor may be sentenced 
37.4 	to imprisonment for not more than five years. Consent by the complainant is not a defense;
37.5 	(c) the actor uses force or coercion to accomplish the penetration;
37.6 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
37.7 	mentally incapacitated, or physically helpless;
37.8 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
37.9 	more than 48 months older than the complainant and in a position of authority over the 
37.10 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
37.11 	complainant is a defense;
37.12 	(f) the actor has a significant relationship to the complainant and the complainant 
37.13 	was at least 16 but under 18 years of age at the time of the sexual penetration. Neither 
37.14 	mistake as to the complainant's age nor consent to the act by the complainant is a defense;
37.15 	(g) the actor has a significant relationship to the complainant, the complainant was at 
37.16 	least 16 but under 18 years of age at the time of the sexual penetration, and:
37.17 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
37.18 	(ii) the complainant suffered personal injury; or
37.19 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
37.20 	time.
37.21 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
37.22 	is a defense;
37.23 	(h) the actor is a psychotherapist and the complainant is a patient of the 
37.24 	psychotherapist and the sexual penetration occurred:
37.25 	(i) during the psychotherapy session; or
37.26 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
37.27 	relationship exists.
37.28 	Consent by the complainant is not a defense;
37.29 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
37.30 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
37.31 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
37.32 	and the sexual penetration occurred by means of therapeutic deception. Consent by the 
37.33 	complainant is not a defense;
37.34 	(k) the actor accomplishes the sexual penetration by means of deception or false 
37.35 	representation that the penetration is for a bona fide medical purpose. Consent by the 
37.36 	complainant is not a defense;
38.1 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
38.2 	married to the actor, and:
38.3 	(i) the sexual penetration occurred during the course of a meeting in which the 
38.4 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
38.5 	actor in private; or
38.6 	(ii) the sexual penetration occurred during a period of time in which the complainant 
38.7 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
38.8 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
38.9 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
38.10 	city, or privately operated adult or juvenile correctional system, including, but not limited 
38.11 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
38.12 	a resident of a facility or under supervision of the correctional system. Consent by the 
38.13 	complainant is not a defense; or
38.14 	(n) the actor provides or is an agent of an entity that provides special transportation 
38.15 	service, the complainant used the special transportation service, and the sexual penetration 
38.16 	occurred during or immediately before or after the actor transported the complainant. 
38.17 	Consent by the complainant is not a defense.; or
38.18 	(o) the actor performs massage or other bodywork for hire, the complainant was a 
38.19 	user of one of those services, and nonconsensual sexual penetration occurred during or 
38.20 	immediately before or after the actor performed or was hired to perform one of those 
38.21 	services for the complainant.

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

38.24 	Sec. 5. Minnesota Statutes 2006, section 609.345, subdivision 1, is amended to read:
38.25 		Subdivision 1.Crime defined. A person who engages in sexual contact with 
38.26 	another person is guilty of criminal sexual conduct in the fourth degree if any of the 
38.27 	following circumstances exists:
38.28 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
38.29 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
38.30 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
38.31 	required to prove that the sexual contact was coerced;
38.32 	(b) the complainant is at least 13 but less than 16 years of age and the actor is 
38.33 	more than 48 months older than the complainant or in a position of authority over 
38.34 	the complainant. Consent by the complainant to the act is not a defense. In any such 
38.35 	case, if the actor is no more than 120 months older than the complainant, it shall be an 
39.1 	affirmative defense which must be proved by a preponderance of the evidence that the 
39.2 	actor reasonably believes the complainant to be 16 years of age or older. In all other cases, 
39.3 	mistake as to the complainant's age shall not be a defense;
39.4 	(c) the actor uses force or coercion to accomplish the sexual contact;
39.5 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
39.6 	mentally incapacitated, or physically helpless;
39.7 	(e) the complainant is at least 16 but less than 18 years of age and the actor is 
39.8 	more than 48 months older than the complainant and in a position of authority over the 
39.9 	complainant. Neither mistake as to the complainant's age nor consent to the act by the 
39.10 	complainant is a defense;
39.11 	(f) the actor has a significant relationship to the complainant and the complainant 
39.12 	was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake 
39.13 	as to the complainant's age nor consent to the act by the complainant is a defense;
39.14 	(g) the actor has a significant relationship to the complainant, the complainant was at 
39.15 	least 16 but under 18 years of age at the time of the sexual contact, and:
39.16 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
39.17 	(ii) the complainant suffered personal injury; or
39.18 	(iii) the sexual abuse involved multiple acts committed over an extended period of 
39.19 	time.
39.20 	Neither mistake as to the complainant's age nor consent to the act by the complainant 
39.21 	is a defense;
39.22 	(h) the actor is a psychotherapist and the complainant is a patient of the 
39.23 	psychotherapist and the sexual contact occurred:
39.24 	(i) during the psychotherapy session; or
39.25 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient 
39.26 	relationship exists. Consent by the complainant is not a defense;
39.27 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
39.28 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
39.29 	(j) the actor is a psychotherapist and the complainant is a patient or former patient 
39.30 	and the sexual contact occurred by means of therapeutic deception. Consent by the 
39.31 	complainant is not a defense;
39.32 	(k) the actor accomplishes the sexual contact by means of deception or false 
39.33 	representation that the contact is for a bona fide medical purpose. Consent by the 
39.34 	complainant is not a defense;
39.35 	(1) the actor is or purports to be a member of the clergy, the complainant is not 
39.36 	married to the actor, and:
40.1 	(i) the sexual contact occurred during the course of a meeting in which the 
40.2 	complainant sought or received religious or spiritual advice, aid, or comfort from the 
40.3 	actor in private; or
40.4 	(ii) the sexual contact occurred during a period of time in which the complainant 
40.5 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
40.6 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
40.7 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
40.8 	city, or privately operated adult or juvenile correctional system, including, but not limited 
40.9 	to, jails, prisons, detention centers, or work release facilities, and the complainant is 
40.10 	a resident of a facility or under supervision of the correctional system. Consent by the 
40.11 	complainant is not a defense; or
40.12 	(n) the actor provides or is an agent of an entity that provides special transportation 
40.13 	service, the complainant used the special transportation service, the complainant is not 
40.14 	married to the actor, and the sexual contact occurred during or immediately before or after 
40.15 	the actor transported the complainant. Consent by the complainant is not a defense.; or
40.16 	(o) the actor performs massage or other bodywork for hire, the complainant was 
40.17 	a user of one of those services, and nonconsensual sexual contact occurred during or 
40.18 	immediately before or after the actor performed or was hired to perform one of those 
40.19 	services for the complainant.

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

40.22 	Sec. 6. Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision 
40.23 	to read:
40.24 		Subd. 9.Applicability. The provisions of this section do not affect the applicability 
40.25 	of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, 
40.26 	or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

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

40.28 	Sec. 7. Minnesota Statutes 2006, section 609.352, is amended to read:
40.29 	609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL 
40.30 	CONDUCT; COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO 
40.31 	CHILDREN.
40.32 		Subdivision 1.Definitions. As used in this section:
40.33 	(a) "child" means a person 15 years of age or younger;
41.1 	(b) "sexual conduct" means sexual contact of the individual's primary genital area, 
41.2 	sexual penetration as defined in section 609.341, or sexual performance as defined in 
41.3 	section 617.246; and 
41.4 	(c) "solicit" means commanding, entreating, or attempting to persuade a specific 
41.5 	person in person, by telephone, by letter, or by computerized or other electronic means.
41.6 		Subd. 2.Prohibited act. A person 18 years of age or older who solicits a child or 
41.7 	someone the person reasonably believes is a child to engage in sexual conduct with intent 
41.8 	to engage in sexual conduct is guilty of a felony and may be sentenced to imprisonment 
41.9 	for not more than three years, or to payment of a fine of not more than $5,000, or both as 
41.10 	provided in subdivision 4.
41.11 		Subd. 2a.Internet or computer solicitation of children. A person 18 years of 
41.12 	age or older who uses the Internet or a computer, computer program, computer network, 
41.13 	or computer system to commit any of the following acts, with the intent to arouse the 
41.14 	sexual desire of any person, is guilty of a felony and may be sentenced as provided in 
41.15 	subdivision 4:
41.16 	(1) soliciting a child or someone the person reasonably believes is a child to engage 
41.17 	in sexual conduct;
41.18 	(2) engaging in communication relating to or describing sexual conduct with a child 
41.19 	or someone the person reasonably believes is a child; or
41.20 	(3) distributing any material, language, or communication, including a photographic 
41.21 	or video image, that relates to or describes sexual conduct to a child or someone the 
41.22 	person reasonably believes is a child.
41.23 		Subd. 2b.Jurisdiction. A person may be convicted of an offense under subdivision 
41.24 	2a if the transmission that constitutes the offense either originates within this state or is 
41.25 	received within this state.
41.26 		Subd. 3.Defenses. (a) Mistake as to age is not a defense to a prosecution under 
41.27 	this section.
41.28 	(b) The fact that an undercover operative or law enforcement officer was involved 
41.29 	in the detection or investigation of an offense under this section does not constitute a 
41.30 	defense to a prosecution under this section.
41.31 		Subd. 4.Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony 
41.32 	and may be sentenced to imprisonment for not more than three years, or to payment of 
41.33 	a fine of not more than $5,000, or both.

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

42.1 	Sec. 8. Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:
42.2 		Subd. 3.Sentence. Whoever commits theft may be sentenced as follows:
42.3 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
42.4 	than $100,000, or both, if the property is a firearm, or the value of the property or services 
42.5 	stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause 
42.6 	(3), (4), (15), or (16); or
42.7 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
42.8 	than $20,000, or both, if the value of the property or services stolen exceeds $2,500
42.9 	$5,000, or if the property stolen was an article representing a trade secret, an explosive or 
42.10 	incendiary device, or a controlled substance listed in schedule I or II pursuant to section 
42.11 	152.02 with the exception of marijuana; or 
42.12 	(3) to imprisonment for not more than five years or to payment of a fine of not more 
42.13 	than $10,000, or both, if any of the following circumstances exist:
42.14 	(a) the value of the property or services stolen is more than $500 $1,000 but not 
42.15 	more than $2,500 $5,000; or
42.16 	(b) the property stolen was a controlled substance listed in schedule III, IV, or V 
42.17 	pursuant to section 152.02; or 
42.18 	(c) the value of the property or services stolen is more than $250 $500 but not more 
42.19 	than $500 $1,000 and the person has been convicted within the preceding five years for an 
42.20 	offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, 
42.21 	subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another 
42.22 	state, the United States, or a foreign jurisdiction, in conformity with any of those sections, 
42.23 	and the person received a felony or gross misdemeanor sentence for the offense, or a 
42.24 	sentence that was stayed under section 609.135 if the offense to which a plea was entered 
42.25 	would allow imposition of a felony or gross misdemeanor sentence; or 
42.26 	(d) the value of the property or services stolen is not more than $500 $1,000, and 
42.27 	any of the following circumstances exist:
42.28 	(i) the property is taken from the person of another or from a corpse, or grave or 
42.29 	coffin containing a corpse; or
42.30 	(ii) the property is a record of a court or officer, or a writing, instrument or record 
42.31 	kept, filed or deposited according to law with or in the keeping of any public officer or 
42.32 	office; or
42.33 	(iii) the property is taken from a burning, abandoned, or vacant building or upon its 
42.34 	removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, 
42.35 	or the proximity of battle; or
43.1 	(iv) the property consists of public funds belonging to the state or to any political 
43.2 	subdivision or agency thereof; or
43.3 	(v) the property stolen is a motor vehicle; or
43.4 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
43.5 	than $3,000, or both, if the value of the property or services stolen is more than $250 $500
43.6 	but not more than $500 $1,000; or
43.7 	(5) in all other cases where the value of the property or services stolen is $250
43.8 	$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not 
43.9 	more than $1,000, or both, provided, however, in any prosecution under subdivision 2, 
43.10 	clauses (1), (2), (3), (4), and (13), the value of the money or property or services received 
43.11 	by the defendant in violation of any one or more of the above provisions within any 
43.12 	six-month period may be aggregated and the defendant charged accordingly in applying 
43.13 	the provisions of this subdivision; provided that when two or more offenses are committed 
43.14 	by the same person in two or more counties, the accused may be prosecuted in any county 
43.15 	in which one of the offenses was committed for all of the offenses aggregated under 
43.16 	this paragraph.

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

43.19 	Sec. 9. Minnesota Statutes 2006, section 609.52, is amended by adding a subdivision 
43.20 	to read:
43.21 		Subd. 3a.Enhanced penalty. If a violation of this section creates a reasonably 
43.22 	foreseeable risk of bodily harm to another, the penalties described in subdivision 3 are 
43.23 	enhanced as follows:
43.24 	(1) if the penalty is a misdemeanor or a gross misdemeanor, the person is guilty of a 
43.25 	felony and may be sentenced to imprisonment for not more than three years or to payment 
43.26 	of a fine of not more than $5,000, or both; and
43.27 	(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 
43.28 	percent longer than for the underlying crime.

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

43.31 	Sec. 10. Minnesota Statutes 2006, section 609.526, is amended to read:
43.32 	609.526 PRECIOUS METAL AND SCRAP METAL DEALERS; RECEIVING 
43.33 	STOLEN PROPERTY.
44.1 		Subdivision 1.Definitions. As used in this section, the following terms have the 
44.2 	meanings given:
44.3 	(1) "precious metal dealer" has the meaning given in section 325F.731, subdivision 
44.4 	2; and
44.5 	(2) "scrap metal dealer" has the meaning given in section 325E.21, subdivision 1.
44.6 		Subd. 2.Crime described. Any precious metal dealer as defined in section 
44.7 	325F.731, subdivision 2, or scrap metal dealer or any person employed by a precious metal
44.8 	dealer as defined in section 325F.731, subdivision 2, who receives, possesses, transfers, 
44.9 	buys, or conceals any stolen property or property obtained by robbery, knowing or having 
44.10 	reason to know the property was stolen or obtained by robbery, may be sentenced as 
44.11 	follows: 
44.12 	(1) if the value of the property received, bought, or concealed is $1,000 or more, 
44.13 	to imprisonment for not more than ten years or to payment of a fine of not more than 
44.14 	$50,000, or both;
44.15 	(2) if the value of the property received, bought, or concealed is less than $1,000 but 
44.16 	more than $300 $500, to imprisonment for not more than fivethree years or to payment of 
44.17 	a fine of not more than $40,000 $25,000, or both;
44.18 	(3) if the value of the property received, bought, or concealed is $300$500 or less, 
44.19 	to imprisonment for not more than 90 days or to payment of a fine of not more than 
44.20 	$1,000, or both.
44.21 	Any person convicted of violating this section a second or subsequent time within a 
44.22 	period of one year may be sentenced as provided in clause (1).

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

44.25 	Sec. 11. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision 
44.26 	to read:
44.27 		Subd. 5.Government building. "Government building" means a building that 
44.28 	is owned, leased, controlled, or operated by a governmental entity for a governmental 
44.29 	purpose.

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

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

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

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

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

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

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

45.19 	Sec. 15. Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:
45.20 		Subd. 2.Burglary in the second degree. (a) Whoever enters a building without 
45.21 	consent and with intent to commit a crime, or enters a building without consent and 
45.22 	commits a crime while in the building, either directly or as an accomplice, commits 
45.23 	burglary in the second degree and may be sentenced to imprisonment for not more than 
45.24 	ten years or to payment of a fine of not more than $20,000, or both, if:
45.25 	(a) (1) the building is a dwelling;
45.26 	(b) (2) the portion of the building entered contains a banking business or other 
45.27 	business of receiving securities or other valuable papers for deposit or safekeeping and 
45.28 	the entry is with force or threat of force;
45.29 	(c) (3) the portion of the building entered contains a pharmacy or other lawful 
45.30 	business or practice in which controlled substances are routinely held or stored, and the 
45.31 	entry is forcible; or
46.1 	(d) (4) when entering or while in the building, the burglar possesses a tool to gain 
46.2 	access to money or property.
46.3 	(b) Whoever enters a government building, religious establishment, historic property, 
46.4 	or school building without consent and with intent to commit a crime under section 609.52 
46.5 	or 609.595, or enters a government building, religious establishment, historic property, or 
46.6 	school building without consent and commits a crime under section 609.52 or 609.595 
46.7 	while in the building, either directly or as an accomplice, commits burglary in the second 
46.8 	degree and may be sentenced to imprisonment for not more than ten years or to payment 
46.9 	of a fine of not more than $20,000, or both.

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

46.12 	Sec. 16. [609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR 
46.13 	TELECOMMUNICATIONS EQUIPMENT.
46.14 		Subdivision 1.Crime. Whoever intentionally and without consent from one 
46.15 	authorized to give consent causes any damage or takes, removes, severs, or breaks:
46.16 	(1) any line erected or maintained for the purpose of transmitting electricity for light, 
46.17 	heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected to the 
46.18 	line, or any wire, cable, or current of the line;
46.19 	(2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained 
46.20 	for the purpose of transporting, conveying, or distributing gas or other hazardous liquids 
46.21 	for light, heat, power, or any other purpose, or any part of the pipe, main, or pipeline, or 
46.22 	any valve, meter, holder, compressor, machinery, appurtenance, equipment, or apparatus 
46.23 	connected with any main or pipeline; or
46.24 	(3) any machinery, equipment, or fixtures used in receiving, initiating, 
46.25 	amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring 
46.26 	telecommunications services, such as computers, transformers, amplifiers, routers, 
46.27 	repeaters, multiplexers, and other items performing comparable functions; and machinery, 
46.28 	equipment, and fixtures used in the transportation of telecommunications services, 
46.29 	radio transmitters and receivers, satellite equipment, microwave equipment, and other 
46.30 	transporting media including wire, cable, fiber, poles, and conduit;
46.31 	is guilty of a crime and may be sentenced as provided in subdivision 2.
46.32 		Subd. 2.Penalty. Whoever violates subdivision 1 is guilty of a felony and may 
46.33 	be sentenced to imprisonment for not more than five years or to payment of a fine of 
46.34 	not more than $10,000, or both.

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

47.3 	Sec. 17. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
47.4 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
47.5 	intentionally causes damage to physical property of another without the latter's consent 
47.6 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
47.7 	not more than $10,000, or both, if:
47.8 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
47.9 	harm; or
47.10 	(2) the property damaged belongs to a common carrier and the damage impairs the 
47.11 	service to the public rendered by the carrier; or
47.12 	(3) the damage reduces the value of the property by more than $500 $1,000 measured 
47.13 	by the cost of repair and replacement; or
47.14 	(4) the damage reduces the value of the property by more than $250 $500 measured 
47.15 	by the cost of repair and replacement and the defendant has been convicted within the 
47.16 	preceding three years of an offense under this subdivision or subdivision 2.
47.17 	In any prosecution under clause (3), the value of any property damaged by the 
47.18 	defendant in violation of that clause within any six-month period may be aggregated and 
47.19 	the defendant charged accordingly in applying the provisions of this section; provided that 
47.20 	when two or more offenses are committed by the same person in two or more counties, the 
47.21 	accused may be prosecuted in any county in which one of the offenses was committed for 
47.22 	all of the offenses aggregated under this paragraph.

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

47.25 	Sec. 18. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
47.26 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
47.27 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
47.28 	person's physical property without the other person's consent may be sentenced to 
47.29 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
47.30 	or both, if the damage reduces the value of the property by more than $250 $500 but not 
47.31 	more than $500 $1,000 as measured by the cost of repair and replacement.
47.32 	(b) Whoever intentionally causes damage to another person's physical property 
47.33 	without the other person's consent because of the property owner's or another's actual or 
47.34 	perceived race, color, religion, sex, sexual orientation, disability as defined in section 
48.1 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
48.2 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
48.3 	value of the property by not more than $250 $500. 
48.4 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
48.5 	defendant in violation of that paragraph within any six-month period may be aggregated 
48.6 	and the defendant charged accordingly in applying this section. When two or more 
48.7 	offenses are committed by the same person in two or more counties, the accused may 
48.8 	be prosecuted in any county in which one of the offenses was committed for all of the 
48.9 	offenses aggregated under this paragraph.

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

48.12 	Sec. 19. REPEALER.
 48.13 	Minnesota Statutes 2006, section 609.805, is repealed.

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

48.15 	ARTICLE 3
48.16 	DWI AND DRIVING RELATED PROVISIONS

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

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

48.26 	Sec. 2. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
48.27 		Subd. 7.Requirements for conducting tests; liability. (a) Only a physician, 
48.28 	medical technician, emergency medical technician-paramedic, registered nurse, medical 
48.29 	technologist, medical laboratory technician, phlebotomist, or laboratory assistant acting 
48.30 	at the request of a peace officer may withdraw blood for the purpose of determining the 
49.1 	presence of alcohol, a controlled substance or its metabolite, or a hazardous substance. 
49.2 	This limitation does not apply to the taking of a breath or urine sample.
49.3 	(b) The person tested has the right to have someone of the person's own choosing 
49.4 	administer a chemical test or tests in addition to any administered at the direction of a 
49.5 	peace officer; provided, that the additional test sample on behalf of the person is obtained 
49.6 	at the place where the person is in custody, after the test administered at the direction of a 
49.7 	peace officer, and at no expense to the state. The failure or inability to obtain an additional 
49.8 	test or tests by a person does not preclude the admission in evidence of the test taken at 
49.9 	the direction of a peace officer unless the additional test was prevented or denied by the 
49.10 	peace officer.
49.11 	(c) The physician, medical technician, emergency medical technician-paramedic, 
49.12 	medical technologist, medical laboratory technician, laboratory assistant, phlebotomist, 
49.13 	or registered nurse drawing blood at the request of a peace officer for the purpose of 
49.14 	determining the concentration of alcohol, a controlled substance or its metabolite, or a 
49.15 	hazardous substance is in no manner liable in any civil or criminal action except for 
49.16 	negligence in drawing the blood. The person administering a breath test must be fully 
49.17 	trained in the administration of breath tests pursuant to training given by the commissioner 
49.18 	of public safety.

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

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

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

49.27 	Sec. 4. Minnesota Statutes 2006, section 171.305, is amended by adding a subdivision 
49.28 	to read:
49.29 		Subd. 11.Program standards. The program standards applicable to section 
49.30 	171.306 also apply to this section.

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

49.32 	Sec. 5. [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
50.1 		Subdivision 1.Pilot project established; reports. The commissioner shall 
50.2 	conduct a two-year ignition interlock device pilot project as provided in this section. The 
50.3 	commissioner shall select one metropolitan county and one rural county to participate 
50.4 	in the pilot project. The pilot project must begin on July 1, 2007, and continue until 
50.5 	June 30, 2009. The commissioner shall submit two preliminary reports by February 1, 
50.6 	2008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs 
50.7 	and ranking minority members of the senate and house of representatives committees 
50.8 	having jurisdiction over criminal justice policy and funding. The reports must evaluate the 
50.9 	successes and failures of the pilot project, provide information on participation rates, and 
50.10 	make recommendations on continuing the project.
50.11 		Subd. 2.Performance standards; certification. The commissioner shall determine 
50.12 	appropriate performance standards and a certification process for ignition interlock 
50.13 	devices for the pilot project. Only devices certified by the commissioner as meeting the 
50.14 	performance standards may be used in the pilot project.
50.15 		Subd. 3.Pilot project components. (a) Under the pilot project, the commissioner 
50.16 	shall issue a driver's license to an individual whose driver's license has been revoked 
50.17 	under chapter 169A for a repeat impaired driving incident if the person qualifies under this 
50.18 	section and agrees to all of the conditions of the project.
50.19 	(b) The commissioner must denote the person's driver's license record to indicate the 
50.20 	person's participation in the program. The license must authorize the person to drive only 
50.21 	vehicles having functioning ignition interlock devices conforming with the requirements 
50.22 	of subdivision 2.
50.23 	(c) Notwithstanding any statute or rule to the contrary, the commissioner has 
50.24 	authority to and shall determine the appropriate period for which a person participating in 
50.25 	the ignition interlock pilot program shall be subject to this program, and when the person 
50.26 	is eligible to be issued:
50.27 	(1) a limited driver's license subject to the ignition interlock restriction;
50.28 	(2) full driving privileges subject to the ignition interlock restriction; and
50.29 	(3) a driver's license without an ignition interlock restriction.
50.30 	(d) A person participating in this pilot project shall agree to participate in any 
50.31 	treatment recommended by a chemical use assessment.
50.32 	(e) The commissioner shall determine guidelines for participation in the project. 
50.33 	A person participating in the project shall sign a written agreement accepting these 
50.34 	guidelines and agreeing to comply with them.
50.35 	(f) It is a misdemeanor for a person who is licensed under this section for driving 
50.36 	a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 
51.1 	control of a motor vehicle other than a vehicle properly equipped with an ignition 
51.2 	interlock device.

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

51.4 	Sec. 6. Minnesota Statutes 2006, section 171.55, is amended to read:
51.5 	171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
51.6 	The commissioner shall give the same effect for driver licensing purposes to conduct 
51.7 	reported from a licensing authority or court in another state or province or territory 
51.8 	of Canada that the commissioner would give to conduct reported from a court or other 
51.9 	agency of this state, whether or not the other state or province or territory of Canada is a 
51.10 	party to the Driver License Compact in section 171.50. The conduct to be given effect by 
51.11 	the commissioner includes a report of conviction for an offense enumerated in section 
51.12 	171.50, article IV, or an offense described in sections 171.17 and 171.18. 

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

51.15 	Sec. 7. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
51.16 		Subdivision 1.Criminal vehicular homicide or operation; crime described. A 
51.17 	person is guilty of criminal vehicular homicide resulting in death and may be sentenced 
51.18 	to imprisonment for not more than ten years or to payment of a fine of not more than 
51.19 	$20,000, or both or operation and may be sentenced as provided in subdivision 1a, if 
51.20 	the person causes injury to or the death of a human being not constituting murder or 
51.21 	manslaughteranother as a result of operating a motor vehicle:
51.22 	(1) in a grossly negligent manner;
51.23 	(2) in a negligent manner while under the influence of:
51.24 	(i) alcohol;
51.25 	(ii) a controlled substance; or
51.26 	(iii) any combination of those elements;
51.27 	(3) while having an alcohol concentration of 0.08 or more;
51.28 	(4) while having an alcohol concentration of 0.08 or more, as measured within 
51.29 	two hours of the time of driving;
51.30 	(5) in a negligent manner while knowingly under the influence of a hazardous 
51.31 	substance;
52.1 	(6) in a negligent manner while any amount of a controlled substance listed in 
52.2 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 
52.3 	present in the person's body; or
52.4 	(7) where the driver who causes the accident leaves the scene of the accident in 
52.5 	violation of section 169.09, subdivision 1 or 6.; or
52.6 	(8) where the driver had actual knowledge that a peace officer had previously issued 
52.7 	a citation or warning that the motor vehicle was defectively maintained, the driver had 
52.8 	actual knowledge that remedial action was not taken, the driver had reason to know that 
52.9 	the defect created a present danger to others, and the injury or death was caused by the 
52.10 	defective maintenance.

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

52.13 	Sec. 8. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision 
52.14 	to read:
52.15 		Subd. 1a.Criminal penalties. (a) A person who violates subdivision 1 and causes 
52.16 	the death of a human being not constituting murder or manslaughter or the death of an 
52.17 	unborn child may be sentenced to imprisonment for not more than ten years or to payment 
52.18 	of a fine of not more than $20,000, or both.
52.19 	(b) A person who violates subdivision 1 and causes great bodily harm to another not 
52.20 	constituting attempted murder or assault or great bodily harm to an unborn child who is 
52.21 	subsequently born alive may be sentenced to imprisonment for not more than five years or 
52.22 	to payment of a fine of not more than $10,000, or both.
52.23 	(c) A person who violates subdivision 1 and causes substantial bodily harm to 
52.24 	another may be sentenced to imprisonment for not more than three years or to payment of 
52.25 	a fine of not more than $10,000, or both.
52.26 	(d) A person who violates subdivision 1 and causes bodily harm to another may be 
52.27 	sentenced to imprisonment for not more than one year or to payment of a fine of not 
52.28 	more than $3,000, or both.

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

52.31 	Sec. 9. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision 
52.32 	to read:
53.1 		Subd. 1b.Conviction not bar to punishment for other crimes. A prosecution 
53.2 	for or a conviction of a crime under this section relating to causing death or injury to an 
53.3 	unborn child is not a bar to conviction of or punishment for any other crime committed by 
53.4 	the defendant as part of the same conduct.

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

53.7 	Sec. 10. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
53.8 		Subd. 4a.Affirmative defense. It shall be an affirmative defense to a charge under 
53.9 	subdivision 1, clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4, 
53.10 	clause (6), that the defendant used the controlled substance according to the terms of a 
53.11 	prescription issued for the defendant in accordance with sections 152.11 and 152.12. 

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

53.14 	Sec. 11. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
53.15 		Subd. 5.Definitions. For purposes of this section, the terms defined in this 
53.16 	subdivision have the meanings given them.
53.17 	(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and 
53.18 	includes attached trailers. 
53.19 	(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4. 
53.20 	(c) "Hazardous substance" means any chemical or chemical compound that is listed 
53.21 	as a hazardous substance in rules adopted under chapter 182.

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

53.24 	Sec. 12. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
53.25 		Subdivision 1.Certificates of analysis; blood sample reports; chain of custody.
 53.26 	(a) In any hearing or trial of a criminal offense or petty misdemeanor or proceeding 
53.27 	pursuant to section 169A.53, subdivision 3, the following documents shall be admissible 
53.28 	in evidence: 
53.29 	(a) (1) a report of the facts and results of any laboratory analysis or examination if it 
53.30 	is prepared and attested by the person performing the laboratory analysis or examination 
53.31 	in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the 
53.32 	bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau 
54.1 	of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol, 
54.2 	Tobacco and Firearms, or the federal Drug Enforcement Administration;
54.3 	(b) (2) a report of a blood sample withdrawn under the implied consent law if:
54.4 	(i) The report was prepared by the person who administered the test;
54.5 	(ii) The person who withdrew the blood sample was competent to administer the test 
54.6 	under section 169A.51, subdivision 7; and 
54.7 	(iii) The report was prepared consistent with any applicable rules promulgated 
54.8 	by the commissioner of public safety; and
54.9 	(c) (3) a verified chain of custody of a specimen while under the control of a 
54.10 	laboratory described in clause (a)(1).
54.11 	(b) A report described in paragraph (a), clause (a)(1), purported to be signed by the 
54.12 	person performing the analysis or examination in a laboratory named in that clause, or a 
54.13 	blood sample report described in paragraph (a), clause (b) (2), purported to be signed by 
54.14 	the person who withdrew the blood sample shall be admissible as evidence without proof 
54.15 	of the seal, signature or official character of the person whose name is signed to it. The 
54.16 	signature in paragraph (a), clause (a) (1) or (b) (2), can be written or in electronic format.
54.17 	(c) At least 20 days before trial, the prosecutor shall submit to the accused person or 
54.18 	the accused person's attorney notice of the contents of a report described in paragraph (a) 
54.19 	and of the requirements of subdivision 2.

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

54.21 	Sec. 13. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
54.22 		Subd. 2.Testimony at trial. (a) Except in civil proceedings, including proceedings 
54.23 	under section 169A.53, an accused person or the accused person's attorney may request, 
54.24 	by notifying the prosecuting attorney at least ten days before the trial, that the following 
54.25 	persons testify in person at the trial on behalf of the state: 
54.26 	(a) (1) a person who performed the laboratory analysis or examination for the report 
54.27 	described in subdivision 1, paragraph (a), clause (a) (1); or
54.28 	(b) (2) a person who prepared the blood sample report described in subdivision 
54.29 	1, paragraph (a), clause (b) (2).
54.30 	If a petitioner in a proceeding under section 169A.53 subpoenas a person described 
54.31 	in paragraph (a) clause (1) or (b) (2), to testify at the proceeding, the petitioner is not 
54.32 	required to pay the person witness fees under section 357.22 in excess of $100. 
54.33 	(b) If the accused person or the accused person's attorney does not comply with 
54.34 	the ten-day requirement described in paragraph (a), the prosecutor is not required to 
54.35 	produce the person who performed the analysis or examination or prepared the report. 
55.1 	In this case, the accused person's right to confront that witness is waived and the report 
55.2 	shall be admitted into evidence.

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

55.4 	Sec. 14. REVISOR'S INSTRUCTION.
 55.5 	(a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135, 
55.6 	subdivision 2, the revisor of statutes shall change the references in column A to the 
55.7 	references in column B.

55.8		Column A
	Column B
	
55.9		609.21, subdivision 1
	609.21, subdivision 1a, paragraph (a)
	
55.10		609.21, subdivision 2
	609.21, subdivision 1a, paragraph (b)
	
55.11		609.21, subdivision 2a
	609.21, subdivision 1a, paragraph (c)
	
55.12		609.21, subdivision 2b
	609.21, subdivision 1a, paragraph (d)
	
55.13		609.21, subdivision 4
	609.21, subdivision 1a, paragraph (b)
	
55.14 	(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall 
55.15 	replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a 
55.16 	reference to Minnesota Statutes, section 609.21, subdivision 1b.
55.17 	(c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the 
55.18 	reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to 
55.19 	Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
55.20 	(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota 
55.21 	Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references 
55.22 	to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a, 
55.23 	clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and 
55.24 	subdivision 4, clauses (2) to (6).

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

55.26 	Sec. 15. REPEALER.
 55.27 	Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, and 4, are 
55.28 	repealed.

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

56.1 	ARTICLE 4
56.2 	CRIME VICTIMS

56.3 	Section 1. Minnesota Statutes 2006, section 299C.46, is amended by adding a 
56.4 	subdivision to read:
56.5 		Subd. 6.Orders for protection and no contact orders. The data communications 
56.6 	network must include orders for protection issued under section 518B.01 and no 
56.7 	contact orders issued under section 629.715, subdivision 4. A no contact order must be 
56.8 	accompanied by a photograph of the offender for the purpose of enforcement of the order, 
56.9 	if a photograph is available and verified by the court to be an image of the defendant.

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

56.11 	Sec. 2. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:
56.12 		Subdivision 1.Formulation of policies. (a) The commissioner shall formulate 
56.13 	policies to effectuate the purposes of this chapter and shall do the following:
56.14 	(1) exercise leadership under the direction of the governor in the development of 
56.15 	human rights policies and programs, and make recommendations to the governor and the 
56.16 	legislature for their consideration and implementation;
56.17 	(2) establish and maintain a principal office in St. Paul, and any other necessary 
56.18 	branch offices at any location within the state;
56.19 	(3) meet and function at any place within the state;
56.20 	(4) employ attorneys, clerks, and other employees and agents as the commissioner 
56.21 	may deem necessary and prescribe their duties;
56.22 	(5) to the extent permitted by federal law and regulation, utilize the records of the 
56.23 	Department of Employment and Economic Development of the state when necessary 
56.24 	to effectuate the purposes of this chapter;
56.25 	(6) obtain upon request and utilize the services of all state governmental departments 
56.26 	and agencies;
56.27 	(7) adopt suitable rules for effectuating the purposes of this chapter;
56.28 	(8) issue complaints, receive and investigate charges alleging unfair discriminatory 
56.29 	practices, and determine whether or not probable cause exists for hearing;
56.30 	(9) subpoena witnesses, administer oaths, take testimony, and require the production 
56.31 	for examination of any books or papers relative to any matter under investigation or in 
56.32 	question as the commissioner deems appropriate to carry out the purposes of this chapter;
57.1 	(10) attempt, by means of education, conference, conciliation, and persuasion to 
57.2 	eliminate unfair discriminatory practices as being contrary to the public policy of the state;
57.3 	(11) develop and conduct programs of formal and informal education designed to 
57.4 	eliminate discrimination and intergroup conflict by use of educational techniques and 
57.5 	programs the commissioner deems necessary;
57.6 	(12) make a written report of the activities of the commissioner to the governor 
57.7 	each year;
57.8 	(13) accept gifts, bequests, grants, or other payments public and private to help 
57.9 	finance the activities of the department;
57.10 	(14) create such local and statewide advisory committees as will in the 
57.11 	commissioner's judgment aid in effectuating the purposes of the Department of Human 
57.12 	Rights;
57.13 	(15) develop such programs as will aid in determining the compliance throughout 
57.14 	the state with the provisions of this chapter, and in the furtherance of such duties, conduct 
57.15 	research and study discriminatory practices based upon race, color, creed, religion, 
57.16 	national origin, sex, age, disability, marital status, status with regard to public assistance, 
57.17 	familial status, sexual orientation, or other factors and develop accurate data on the nature 
57.18 	and extent of discrimination and other matters as they may affect housing, employment, 
57.19 	public accommodations, schools, and other areas of public life;
57.20 	(16) develop and disseminate technical assistance to persons subject to the provisions 
57.21 	of this chapter, and to agencies and officers of governmental and private agencies;
57.22 	(17) provide staff services to such advisory committees as may be created in aid of 
57.23 	the functions of the Department of Human Rights;
57.24 	(18) make grants in aid to the extent that appropriations are made available for that 
57.25 	purpose in aid of carrying out duties and responsibilities; and
57.26 	(19) cooperate and consult with the commissioner of labor and industry regarding 
57.27 	the investigation of violations of, and resolution of complaints regarding section 363A.08, 
57.28 	subdivision 7. 
57.29 	In performing these duties, the commissioner shall give priority to those duties in 
57.30 	clauses (8), (9), and (10) and to the duties in section 363A.36. 
57.31 	(b) All gifts, bequests, grants, or other payments, public and private, accepted under 
57.32 	paragraph (a), clause (13), must be deposited in the state treasury and credited to a special 
57.33 	account. Money in the account is appropriated to the commissioner of human rights to 
57.34 	help finance activities of the department.

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

58.1 	Sec. 3. [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO 
58.2 	TERMINATE LEASE.
58.3 		Subdivision 1.Right to terminate; procedure. (a) A tenant to a residential lease 
58.4 	who is a victim of domestic abuse and fears imminent domestic abuse against the tenant or 
58.5 	the tenant's minor children if the tenant or the tenant's minor children remain in the leased 
58.6 	premises may terminate a lease agreement without penalty or liability as provided in this 
58.7 	section. The tenant must provide advance written notice to the landlord stating that: 
58.8 	(1) the tenant fears imminent domestic abuse from a person named in an order 
58.9 	for protection or no contact order;
58.10 	(2) the tenant needs to terminate the tenancy; and
58.11 	(3) the specific date the tenancy will terminate.
58.12 	(b) The written notice must be delivered before the termination of the tenancy by 
58.13 	mail, fax, or in person, and be accompanied by the order for protection or no contact order.
58.14 	(c) For purposes of this section, an order for protection means an order issued under 
58.15 	chapter 518B. A no contact order means a no contact order currently in effect, issued 
58.16 	under section 518B.01, subdivision 22, or chapter 609.
58.17 		Subd. 2.Treatment of information. A landlord must not disclose information 
58.18 	provided to the landlord by a tenant documenting domestic abuse under subdivision 1. 
58.19 	The information must not be entered into any shared database or provided to any person or 
58.20 	entity but may be used when required as evidence in an eviction proceeding, action for 
58.21 	unpaid rent or damages arising out of the tenancy, claims under section 504B.178, with 
58.22 	the consent of the tenant, or as otherwise required by law.
58.23 		Subd. 3.Liability for rent; termination of tenancy. (a) A tenant terminating a 
58.24 	lease under subdivision 1 is responsible for the rent payment for the full month in which 
58.25 	the tenancy terminates and an additional amount equal to one month's rent. The tenant is 
58.26 	relieved of any other contractual obligation for payment of rent or any other charges for 
58.27 	the remaining term of the lease, except as provided in this section.
58.28 	(b) This section does not affect a tenant's liability for delinquent, unpaid rent or 
58.29 	other amounts owed to the landlord before the lease was terminated by the tenant under 
58.30 	this section.
58.31 	(c) The tenancy terminates, including the right of possession of the premises, on the 
58.32 	termination date stated in the notice under subdivision 1. The amount equal to one month's 
58.33 	rent must be paid on or before the termination of the tenancy for the tenant to be relieved of 
58.34 	the contractual obligations for the remaining term of the lease as provided in this section.
58.35 	(d) For purposes of this section, the provisions of section 504B.178 are triggered 
58.36 	as follows:
59.1 	(1) if the only tenant is the tenant who is the victim of domestic abuse and the 
59.2 	tenant's minor children, if any, upon the first day of the month following the later of:
59.3 	(i) the date the tenant vacates the premises; or
59.4 	(ii) the termination of the tenancy indicated in the written notice under subdivision 
59.5 	1; or
59.6 	(2) if there are additional tenants bound by the lease, upon the expiration of the lease.
59.7 		Subd. 4.Multiple tenants. Notwithstanding the release of a tenant from a lease 
59.8 	agreement under this section, if there are any remaining tenants the tenancy continues for 
59.9 	those remaining tenants.
59.10 		Subd. 5.Waiver prohibited. A residential tenant may not waive, and a landlord 
59.11 	may not require the residential tenant to waive, the tenant's rights under this section.
59.12 		Subd. 6.Definition. For purposes of this section, "domestic abuse" has the meaning 
59.13 	given in section 518B.01, subdivision 2.

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

59.15 	Sec. 4. Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
59.16 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
59.17 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
59.18 	before any person who has authority to receive evidence, except as provided in this 
59.19 	subdivision:
59.20 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
59.21 	wife for or against her husband without his consent, nor can either, during the marriage or 
59.22 	afterwards, without the consent of the other, be examined as to any communication made 
59.23 	by one to the other during the marriage. This exception does not apply to a civil action or 
59.24 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
59.25 	committed by one against the other or against a child of either or against a child under the 
59.26 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
59.27 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
59.28 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
59.29 	neglect, dependency, or termination of parental rights.
59.30 	(b) An attorney cannot, without the consent of the attorney's client, be examined as 
59.31 	to any communication made by the client to the attorney or the attorney's advice given 
59.32 	thereon in the course of professional duty; nor can any employee of the attorney be 
59.33 	examined as to the communication or advice, without the client's consent.
59.34 	(c) A member of the clergy or other minister of any religion shall not, without the 
59.35 	consent of the party making the confession, be allowed to disclose a confession made to 
60.1 	the member of the clergy or other minister in a professional character, in the course of 
60.2 	discipline enjoined by the rules or practice of the religious body to which the member of 
60.3 	the clergy or other minister belongs; nor shall a member of the clergy or other minister of 
60.4 	any religion be examined as to any communication made to the member of the clergy or 
60.5 	other minister by any person seeking religious or spiritual advice, aid, or comfort or advice 
60.6 	given thereon in the course of the member of the clergy's or other minister's professional 
60.7 	character, without the consent of the person.
60.8 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the 
60.9 	consent of the patient, be allowed to disclose any information or any opinion based thereon 
60.10 	which the professional acquired in attending the patient in a professional capacity, and 
60.11 	which was necessary to enable the professional to act in that capacity; after the decease 
60.12 	of the patient, in an action to recover insurance benefits, where the insurance has been 
60.13 	in existence two years or more, the beneficiaries shall be deemed to be the personal 
60.14 	representatives of the deceased person for the purpose of waiving this privilege, and no 
60.15 	oral or written waiver of the privilege shall have any binding force or effect except when 
60.16 	made upon the trial or examination where the evidence is offered or received.
60.17 	(e) A public officer shall not be allowed to disclose communications made to the 
60.18 	officer in official confidence when the public interest would suffer by the disclosure.
60.19 	(f) Persons of unsound mind and persons intoxicated at the time of their production 
60.20 	for examination are not competent witnesses if they lack capacity to remember or to relate 
60.21 	truthfully facts respecting which they are examined.
60.22 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social 
60.23 	worker engaged in a psychological or social assessment or treatment of an individual 
60.24 	at the individual's request shall not, without the consent of the professional's client, be 
60.25 	allowed to disclose any information or opinion based thereon which the professional has 
60.26 	acquired in attending the client in a professional capacity, and which was necessary to 
60.27 	enable the professional to act in that capacity. Nothing in this clause exempts licensed 
60.28 	social workers from compliance with the provisions of sections 626.556 and 626.557. 
60.29 	(h) An interpreter for a person disabled in communication shall not, without the 
60.30 	consent of the person, be allowed to disclose any communication if the communication 
60.31 	would, if the interpreter were not present, be privileged. For purposes of this section, a 
60.32 	"person disabled in communication" means a person who, because of a hearing, speech 
60.33 	or other communication disorder, or because of the inability to speak or comprehend the 
60.34 	English language, is unable to understand the proceedings in which the person is required 
60.35 	to participate. The presence of an interpreter as an aid to communication does not destroy 
60.36 	an otherwise existing privilege.
61.1 	(i) Licensed chemical dependency counselors shall not disclose information or 
61.2 	an opinion based on the information which they acquire from persons consulting them 
61.3 	in their professional capacities, and which was necessary to enable them to act in that 
61.4 	capacity, except that they may do so:
61.5 	(1) when informed consent has been obtained in writing, except in those 
61.6 	circumstances in which not to do so would violate the law or would result in clear and 
61.7 	imminent danger to the client or others;
61.8 	(2) when the communications reveal the contemplation or ongoing commission 
61.9 	of a crime; or
61.10 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
61.11 	against the licensed professional whom that person consulted.
61.12 	(j) A parent or the parent's minor child may not be examined as to any communication 
61.13 	made in confidence by the minor to the minor's parent. A communication is confidential if 
61.14 	made out of the presence of persons not members of the child's immediate family living 
61.15 	in the same household. This exception may be waived by express consent to disclosure 
61.16 	by a parent entitled to claim the privilege or by the child who made the communication 
61.17 	or by failure of the child or parent to object when the contents of a communication are 
61.18 	demanded. This exception does not apply to a civil action or proceeding by one spouse 
61.19 	against the other or by a parent or child against the other, nor to a proceeding to commit 
61.20 	either the child or parent to whom the communication was made or to place the person or 
61.21 	property or either under the control of another because of an alleged mental or physical 
61.22 	condition, nor to a criminal action or proceeding in which the parent is charged with a 
61.23 	crime committed against the person or property of the communicating child, the parent's 
61.24 	spouse, or a child of either the parent or the parent's spouse, or in which a child is charged 
61.25 	with a crime or act of delinquency committed against the person or property of a parent 
61.26 	or a child of a parent, nor to an action or proceeding for termination of parental rights, 
61.27 	nor any other action or proceeding on a petition alleging child abuse, child neglect, 
61.28 	abandonment or nonsupport by a parent.
61.29 	(k) Sexual assault counselors may not be compelled to testify about allowed to 
61.30 	disclose any opinion or information received from or about the victim without the consent 
61.31 	of the victim. However, a counselor may be compelled to identify or disclose information 
61.32 	in investigations or proceedings related to neglect or termination of parental rights if the 
61.33 	court determines good cause exists. In determining whether to compel disclosure, the 
61.34 	court shall weigh the public interest and need for disclosure against the effect on the 
61.35 	victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing 
62.1 	in this clause exempts sexual assault counselors from compliance with the provisions 
62.2 	of sections 626.556 and 626.557. 
62.3 	"Sexual assault counselor" for the purpose of this section means a person who has 
62.4 	undergone at least 40 hours of crisis counseling training and works under the direction 
62.5 	of a supervisor in a crisis center, whose primary purpose is to render advice, counseling, 
62.6 	or assistance to victims of sexual assault.
62.7 	(l) A person cannot be examined as to any communication or document, including 
62.8 	worknotes, made or used in the course of or because of mediation pursuant to an 
62.9 	agreement to mediate. This does not apply to the parties in the dispute in an application 
62.10 	to a court by a party to have a mediated settlement agreement set aside or reformed. 
62.11 	A communication or document otherwise not privileged does not become privileged 
62.12 	because of this paragraph. This paragraph is not intended to limit the privilege accorded 
62.13 	to communication during mediation by the common law.
62.14 	(m) A child under ten years of age is a competent witness unless the court finds that 
62.15 	the child lacks the capacity to remember or to relate truthfully facts respecting which the 
62.16 	child is examined. A child describing any act or event may use language appropriate for 
62.17 	a child of that age.
62.18 	(n) A communication assistant for a telecommunications relay system for 
62.19 	communication-impaired persons shall not, without the consent of the person making the 
62.20 	communication, be allowed to disclose communications made to the communication 
62.21 	assistant for the purpose of relaying.

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

62.23 	Sec. 5. Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:
62.24 		Subd. 2.Victim's spouse or next of kin immediate family members. An 
62.25 	employer must allow a victim of a heinous violent crime, as well as the victim's spouse or 
62.26 	next of kin immediate family members, reasonable time off from work to attend criminal 
62.27 	proceedings related to the victim's case.

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

62.29 	Sec. 6. Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
62.30 		Subd. 7.Definition. As used in this section, "heinous crime" "violent crime"
62.31 	means a violation or attempt to violate any of the following: section 609.185 (murder in 
62.32 	the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third 
62.33 	degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second 
63.1 	degree); 609.21 (criminal vehicular homicide and injury); 609.221 (assault in the first 
63.2 	degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 
63.3 	609.2231 (assault in the fourth degree); 609.2241 (knowing transfer of communicable 
63.4 	disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 
63.5 	(domestic assault by strangulation); 609.228 (great bodily harm caused by distribution of 
63.6 	drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or 
63.7 	patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to 
63.8 	injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 
63.9 	(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of 
63.10 	an unborn child in the first degree); 609.2662 (murder of an unborn child in the second 
63.11 	degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter 
63.12 	of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the 
63.13 	second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault 
63.14 	of an unborn child in the second degree); 609.2672 (assault of an unborn child in the 
63.15 	third degree); 609.268 (injury or death of an unborn child in commission of a crime); 
63.16 	609.282 (labor trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 
63.17 	(criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the 
63.18 	third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal 
63.19 	sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 
63.20 	(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a 
63.21 	child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson 
63.22 	in the first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in 
63.23 	the first degree; occupied dwelling or involving an assault); or 609.66, subdivision 1e, 
63.24 	paragraph (b), (drive-by shooting; firing at or toward a person, or an occupied building 
63.25 	or motor vehicle).
63.26 	(1) a violation or attempted violation of section 609.185 or 609.19;
63.27 	(2) a violation of section 609.195 or 609.221; or
63.28 	(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed 
63.29 	with force or violence or if the complainant was a minor at the time of the offense.

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

63.31 	Sec. 7. [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL 
63.32 	CONDUCT COMPLAINTS; LIMITATIONS.
63.33 		Subdivision 1.Polygraph prohibition. No law enforcement agency or prosecutor 
63.34 	shall require that a complainant of a criminal sexual conduct offense submit to a polygraph 
64.1 	examination as part of or a condition to proceeding with the investigation, charging, 
64.2 	or prosecution of such offense.
64.3 		Subd. 2.Law enforcement inquiry. A law enforcement agency or prosecutor may 
64.4 	not ask that a complainant of a criminal sexual conduct offense submit to a polygraph 
64.5 	examination as part of the investigation, charging, or prosecution of such offense unless 
64.6 	the complainant has been referred to, and had the opportunity to exercise the option of 
64.7 	consulting with a sexual assault counselor as defined in section 595.02, subdivision 1, 
64.8 	paragraph (k).
64.9 		Subd. 3.Informed consent requirement. At the request of the complainant, a law 
64.10 	enforcement agency may conduct a polygraph examination of the complainant only with 
64.11 	the complainant's written, informed consent as provided in this subdivision.
64.12 		Subd. 4.Informed consent. To consent to a polygraph, a complainant must be 
64.13 	informed in writing that:
64.14 	(1) the taking of the polygraph examination is voluntary and solely at the victim's 
64.15 	request;
64.16 	(2) a law enforcement agency or prosecutor may not ask or require that the 
64.17 	complainant submit to a polygraph examination;
64.18 	(3) the results of the examination are not admissible in court; and
64.19 	(4) the complainant's refusal to take a polygraph examination may not be used 
64.20 	as a basis by the law enforcement agency or prosecutor not to investigate, charge, or 
64.21 	prosecute the offender.
64.22 		Subd. 5.Polygraph refusal. A complainant's refusal to submit to a polygraph 
64.23 	examination shall not prevent the investigation, charging, or prosecution of the offense.
64.24 		Subd. 6.Definitions. For the purposes of this section, the following terms have 
64.25 	the meanings given.
64.26 	(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 
64.27 	609.344, 609.345, or 609.3451.
64.28 	(b) "Complainant" means a person reporting to have been subjected to criminal 
64.29 	sexual conduct.
64.30 	(c) "Polygraph examination" means any mechanical or electrical instrument or 
64.31 	device of any type used or allegedly used to examine, test, or question individuals for 
64.32 	the purpose of determining truthfulness.

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

64.34 	Sec. 8. Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:
65.1 		Subdivision 1.Grants authorized. The Crime Victim and Witness Advisory 
65.2 	Council commissioner of public safety shall make grants to prosecutors and victim 
65.3 	assistance programs for the purpose of providing emergency assistance to victims. As 
65.4 	used in this section, "emergency assistance" includes but is not limited to:
65.5 	(1) replacement of necessary property that was lost, damaged, or stolen as a result 
65.6 	of the crime;
65.7 	(2) purchase and installation of necessary home security devices;
65.8 	(3) transportation to locations related to the victim's needs as a victim, such as 
65.9 	medical facilities and facilities of the criminal justice system;
65.10 	(4) cleanup of the crime scene; and
65.11 	(5) reimbursement for reasonable travel and living expenses the victim incurred to 
65.12 	attend court proceedings that were held at a location other than the place where the crime 
65.13 	occurred due to a change of venue; and
65.14 	(6) reimbursement of towing and storage fees incurred due to impoundment of a 
65.15 	recovered stolen vehicle.

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

65.17 	Sec. 9. Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:
65.18 		Subd. 2.Application for grants. (a) A city or county attorney's office or victim 
65.19 	assistance program may apply to the council commissioner of public safety for a grant 
65.20 	for any of the purposes described in subdivision 1 or for any other emergency assistance 
65.21 	purpose approved by the council commissioner. The application must be on forms and 
65.22 	pursuant to procedures developed by the council commissioner. The application must 
65.23 	describe the type or types of intended emergency assistance, estimate the amount of 
65.24 	money required, and include any other information deemed necessary by the council
65.25 	commissioner.
65.26 	(b) A city or county attorney's office or victim assistance program that applies for a 
65.27 	grant for the purpose described in subdivision 1, clause (6), must make the application 
65.28 	on a separate form and pursuant to procedures developed by the commissioner. The 
65.29 	application must estimate the amount of money required for reimbursement costs, estimate 
65.30 	the amount of money required for administrative costs, and include any other information 
65.31 	deemed necessary by the commissioner. An applicant may not spend in any fiscal year 
65.32 	more than five percent of the grant awarded for administrative costs.

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

66.1 	Sec. 10. Minnesota Statutes 2006, section 611A.675, is amended by adding a 
66.2 	subdivision to read:
66.3 		Subd. 2a.Awards; limitations. (a) No award may be granted under subdivision 
66.4 	1, clause (6), to a victim that fails to provide proof of insurance stating that security 
66.5 	had been provided for the vehicle at the time the vehicle was stolen. As used in this 
66.6 	paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision 
66.7 	1, paragraph (g).
66.8 	(b) An award paid to a victim under subdivision 1, clause (6), shall compensate the 
66.9 	victim for actual costs incurred but shall not exceed $300. 

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

66.11 	Sec. 11. Minnesota Statutes 2006, section 611A.675, subdivision 3, is amended to read:
66.12 		Subd. 3.Reporting by local agencies required. A city or county attorney's office 
66.13 	or victim assistance program that receives a grant under this section shall file an annual 
66.14 	report with the council commissioner of public safety itemizing the expenditures made 
66.15 	during the preceding year, the purpose of those expenditures, and the ultimate disposition, 
66.16 	if any, of each assisted victim's criminal case.

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

66.18 	Sec. 12. Minnesota Statutes 2006, section 611A.675, subdivision 4, is amended to read:
66.19 		Subd. 4.Report to legislature. On or before February 1, 1999, the council shall 
66.20 	report to the chairs of the senate Crime Prevention and house of representatives Judiciary 
66.21 	Committees on the implementation, use, and administration of the grant program created 
66.22 	under this section. By February 1, 2008, the commissioner of public safety shall report to 
66.23 	the chairs and ranking members of the senate and house committees and divisions having 
66.24 	jurisdiction over criminal justice policy and funding on the implementation, use, and 
66.25 	administration of the grant programs created under this section.

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

66.27 	ARTICLE 5
66.28 	COURTS AND PUBLIC DEFENDERS

66.29 	Section 1. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
67.1 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten 
67.2 	judicial districts composed of the following named counties, respectively, in each of which 
67.3 	districts judges shall be chosen as hereinafter specified:
67.4 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 3336 judges; 
67.5 	and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and 
67.6 	Glencoe and one other shall be maintained at the place designated by the chief judge 
67.7 	of the district;
67.8 	2. Ramsey; 26 judges;
67.9 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, 
67.10 	Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in 
67.11 	Faribault, Albert Lea, Austin, Rochester, and Winona;
67.12 	4. Hennepin; 60 judges;
67.13 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
67.14 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and 
67.15 	permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, 
67.16 	and Mankato;
67.17 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
67.18 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, 
67.19 	and Wadena; 27 28 judges; and permanent chambers shall be maintained in Moorhead, 
67.20 	Fergus Falls, Little Falls, and St. Cloud;
67.21 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, 
67.22 	Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent 
67.23 	chambers shall be maintained in Morris, Montevideo, and Willmar;
67.24 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, 
67.25 	Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
67.26 	Koochiching; 2223 judges; and permanent chambers shall be maintained in Crookston, 
67.27 	Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
67.28 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 43
67.29 	 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other 
67.30 	places designated by the chief judge of the district.

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

67.32 	Sec. 2. Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
67.33 		Subdivision 1.Definitions. As used in this section and section 3.736 the terms 
67.34 	defined in this section have the meanings given them. 
68.1 	(1) "State" includes each of the departments, boards, agencies, commissions, courts, 
68.2 	and officers in the executive, legislative, and judicial branches of the state of Minnesota 
68.3 	and includes but is not limited to the Housing Finance Agency, the Minnesota Office of 
68.4 	Higher Education, the Higher Education Facilities Authority, the Health Technology 
68.5 	Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron 
68.6 	Range Resources and Rehabilitation Board, the State Agricultural Society, the University 
68.7 	of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state 
68.8 	penal institutions. It does not include a city, town, county, school district, or other local 
68.9 	governmental body corporate and politic.
68.10 	(2) "Employee of the state" means all present or former officers, members, directors, 
68.11 	or employees of the state, members of the Minnesota National Guard, members of a 
68.12 	bomb disposal unit approved by the commissioner of public safety and employed by a 
68.13 	municipality defined in section 466.01 when engaged in the disposal or neutralization of 
68.14 	bombs or other similar hazardous explosives, as defined in section 299C.063, outside the 
68.15 	jurisdiction of the municipality but within the state, or persons acting on behalf of the state 
68.16 	in an official capacity, temporarily or permanently, with or without compensation. It does 
68.17 	not include either an independent contractor except, for purposes of this section and 
68.18 	section 3.736 only, a guardian ad litem acting under court appointment, or members of the 
68.19 	Minnesota National Guard while engaged in training or duty under United States Code, 
68.20 	title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December 
68.21 	31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and 
68.22 	section 3.736 only, "employee of the state" includes a district public defender or assistant 
68.23 	district public defender in the Second or Fourth Judicial District and a member of the 
68.24 	Health Technology Advisory Committee. 
68.25 	(3) "Scope of office or employment" means that the employee was acting on behalf 
68.26 	of the state in the performance of duties or tasks lawfully assigned by competent authority.
68.27 	(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25. 

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

68.29 	Sec. 3. Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
68.30 		Subdivision 1.General rule. The state will pay compensation for injury to or loss 
68.31 	of property or personal injury or death caused by an act or omission of an employee of 
68.32 	the state while acting within the scope of office or employment or a peace officer who is 
68.33 	not acting on behalf of a private employer and who is acting in good faith under section 
68.34 	629.40, subdivision 4, under circumstances where the state, if a private person, would be 
68.35 	liable to the claimant, whether arising out of a governmental or proprietary function. 
69.1 	Nothing in this section waives the defense of judicial, quasi-judicial, or legislative 
69.2 	immunity except to the extent provided in subdivision 8. 

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

69.4 	Sec. 4. Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
69.5 		Subd. 4.Ranges for other judicial positions. Salaries or salary ranges are provided 
69.6 	for the following positions in the judicial branch of government. The appointing authority 
69.7 	of any position for which a salary range has been provided shall fix the individual salary 
69.8 	within the prescribed range, considering the qualifications and overall performance of the 
69.9 	employee. The Supreme Court shall set the salary of the state court administrator and the 
69.10 	salaries of district court administrators. The salary of the state court administrator or a 
69.11 	district court administrator may not exceed the salary of a district court judge. If district 
69.12 	court administrators die, the amounts of their unpaid salaries for the months in which 
69.13 	their deaths occur must be paid to their estates. The salary of the state public defender 
69.14 	shall be fixed by the State Board of Public Defense but must not exceed the salary of a 
69.15 	district court judge.

69.16		Salary or Range
	
69.17		Effective
	
69.18		July 1, 1994
	
69.19
69.20
69.21	Board on Judicial 
Standards executive 
director
	$44,000-60,000

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

69.23 	Sec. 5. Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
69.24 		Subd. 6.Termination of jurisdiction. The court may dismiss the petition or 
69.25 	otherwise terminate its jurisdiction on its own motion or on the motion or petition of any 
69.26 	interested party at any time. Unless terminated by the court, and except as otherwise 
69.27 	provided in this subdivision, the jurisdiction of the court shall continue until the individual 
69.28 	becomes 19 years of age if the court determines it is in the best interest of the individual 
69.29 	to do so. Court jurisdiction under section 260C.007, subdivision 6, clause (14), may 
69.30 	not continue past the child's 18th birthday.

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

69.32 	Sec. 6. Minnesota Statutes 2006, section 302A.781, is amended by adding a 
69.33 	subdivision to read:
70.1 		Subd. 5.Other claims preserved. In addition to the claims in subdivision 4, all 
70.2 	other statutory and common law rights of persons who may bring claims of injury to a 
70.3 	person, including death, are not affected by dissolution under this chapter.

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

70.5 	Sec. 7. Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
70.6 		Subdivision 1.Coverage.  (a) Employees enumerated in paragraph (c), clauses (2), 
70.7 	(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan 
70.8 	Council and are eligible for coverage under the general state employees retirement plan 
70.9 	under chapter 352, are participants in the unclassified plan under this chapter unless the 
70.10 	employee gives notice to the executive director of the Minnesota State Retirement System 
70.11 	within one year following the commencement of employment in the unclassified service 
70.12 	that the employee desires coverage under the general state employees retirement plan. 
70.13 	For the purposes of this chapter, an employee who does not file notice with the executive 
70.14 	director is deemed to have exercised the option to participate in the unclassified plan.
70.15 	(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified 
70.16 	program under this chapter unless the person was eligible to elect different coverage under 
70.17 	section 3A.07 and elected retirement coverage by the applicable alternative retirement 
70.18 	plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified 
70.19 	program under this chapter for judicial employment in excess of the service credit limit in 
70.20 	section 490.121, subdivision 22.
70.21 	(c) Enumerated employees and referenced persons are:
70.22 	(1) the governor, the lieutenant governor, the secretary of state, the state auditor, 
70.23 	and the attorney general;
70.24 	(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary 
70.25 	of State, State Auditor, Attorney General;
70.26 	(3) an employee of the State Board of Investment;
70.27 	(4) the head of a department, division, or agency created by statute in the unclassified 
70.28 	service, an acting department head subsequently appointed to the position, or an employee 
70.29 	enumerated in section 15A.0815 or 15A.083, subdivision 4;
70.30 	(5) a member of the legislature;
70.31 	(6) a full-time unclassified employee of the legislature or a commission or agency of 
70.32 	the legislature who is appointed without a limit on the duration of the employment or a 
70.33 	temporary legislative employee having shares in the supplemental retirement fund as a 
70.34 	result of former employment covered by this chapter, whether or not eligible for coverage 
70.35 	under the Minnesota State Retirement System;
71.1 	(7) a person who is employed in a position established under section 43A.08, 
71.2 	subdivision 1, clause (3), or in a position authorized under a statute creating or establishing 
71.3 	a department or agency of the state, which is at the deputy or assistant head of department 
71.4 	or agency or director level;
71.5 	(8) the regional administrator, or executive director of the Metropolitan Council, 
71.6 	general counsel, division directors, operations managers, and other positions as designated 
71.7 	by the council, all of which may not exceed 27 positions at the council and the chair;
71.8 	(9) the executive director, associate executive director, and not to exceed nine 
71.9 	positions of the Minnesota Office of Higher Education in the unclassified service, as 
71.10 	designated by the Minnesota Office of Higher Education before January 1, 1992, or 
71.11 	subsequently redesignated with the approval of the board of directors of the Minnesota 
71.12 	State Retirement System, unless the person has elected coverage by the individual 
71.13 	retirement account plan under chapter 354B;
71.14 	(10) the clerk of the appellate courts appointed under article VI, section 2, of the 
71.15 	Constitution of the state of Minnesota, the state court administrator and judicial district 
71.16 	administrators;
71.17 	(11) the chief executive officers of correctional facilities operated by the Department 
71.18 	of Corrections and of hospitals and nursing homes operated by the Department of Human 
71.19 	Services;
71.20 	(12) an employee whose principal employment is at the state ceremonial house;
71.21 	(13) an employee of the Minnesota Educational Computing Corporation;
71.22 	(14) an employee of the State Lottery who is covered by the managerial plan 
71.23 	established under section 43A.18, subdivision 3; and
71.24 	(15) a judge who has exceeded the service credit limit in section 490.121, 
71.25 	subdivision 22.

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

71.27 	Sec. 8. [357.42] DRUG COURT FEES.
71.28 	(a) When a court establishes a drug court process, the court may establish one or 
71.29 	more fees for services provided to defendants participating in the process.
71.30 	(b) In each fiscal year, the court shall deposit the drug court participation fees in 
71.31 	the special revenue fund and credit the fees to a separate account for the trial courts. 
71.32 	The balance in this account is appropriated to the trial courts and does not cancel but is 
71.33 	available until expended. Expenditures from this account must be made for drug court 
71.34 	purposes.

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

72.2 	Sec. 9. Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
72.3 		Subd. 2.Expense payments. A judge shall be paid travel and subsistence expenses 
72.4 	for travel from the judge's place of residence to and from the judge's permanent chambers 
72.5 	only for a period of two years after July 1, 1977, or the date the judge initially assumes 
72.6 	office, whichever is later as provided by Judicial Council policy.

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

72.8 	Sec. 10. Minnesota Statutes 2006, section 484.83, is amended to read:
72.9 	484.83 REINSTATEMENT OF FORFEITED SUMS.
72.10 		Subdivision 1.Abandonment of fees. All sums deposited with the court 
72.11 	administrator to cover fees shall be deemed abandoned if the fees are not disbursed or 
72.12 	the services covered by the fees are not performed and the person entitled to refund of 
72.13 	the fees does not file a written demand for refund with the court administrator within 
72.14 	six months from the date of trial, dismissal, or striking of the cause as to jury fees and 
72.15 	from the date of deposit as to other fees.
72.16 		Subd. 2.Bail forfeitures. Any bail not forfeited by court order shall be deemed 
72.17 	abandoned and forfeited if the person entitled to refund does not file a written demand 
72.18 	for refund with the court administrator within six months from the date when the person 
72.19 	became entitled to the refund.
72.20 		Subd. 3.Reinstated forfeited sums. A district court judge may order any sums 
72.21 	forfeited to be reinstated and the commissioner of finance shall then refund accordingly. 
72.22 	The commissioner of finance shall reimburse the court administrator if the court 
72.23 	administrator refunds the deposit upon a judge's order and obtains a receipt to be used 
72.24 	as a voucher.

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

72.26 	Sec. 11. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION 
72.27 	OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
72.28 		Subdivision 1.Abandonment of deposits and bail. (a) Any bail deposited with the 
72.29 	court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by 
72.30 	court order shall be deemed abandoned and forfeited if the person entitled to refund does 
72.31 	not file a written demand for refund with the court administrator within six months from 
72.32 	the date when the person became entitled to the refund.
73.1 	(b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated 
73.2 	for cause and the court administrator shall then refund accordingly. The receipting 
73.3 	municipality or subdivision of government shall reimburse the court administrator if the 
73.4 	court administrator refunds the deposit upon such an order and obtains a receipt to be 
73.5 	used as a voucher.
73.6 		Subd. 2.Disposition of forfeited sums. All sums collected on any bail, bond, or 
73.7 	recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth 
73.8 	Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the 
73.9 	support of the law library of the county. The receipt of the county treasurer to the court 
73.10 	administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds, 
73.11 	during any calendar year equal $2,500, all sums in excess of that amount shall be paid 
73.12 	to the municipality or subdivision of government in which the violation occurred. The 
73.13 	payments shall be made periodically but not before six months from the date of the order 
73.14 	for forfeiture. During that six-month period, but not thereafter, any judge may set aside 
73.15 	the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered 
73.16 	forfeited exists unless the forfeiture is not set aside within the six-month period. For the 
73.17 	purpose of determining when the $2,500 shall have accrued to the county law library, the 
73.18 	final forfeiture shall be deemed to occur at the end of the six-month period.

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

73.20 	Sec. 12. Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
73.21 		Subdivision 1.Summons and writ. (a) The state court administrator shall develop a 
73.22 	uniform form for the summons and writ of recovery of premises and order to vacate 
73.23 	may be substantially in the forms in paragraphs (b) and (c).
73.24 	(b)
73.25 	FORM OF SUMMONS

73.26	State of Minnesota ........) 
		
73.27	)
	ss.
	
73.28	County of ........) 
		
73.29 	Whereas, ..............., of ..........., has filed with the undersigned, a judge of county 
73.30 	stated, a complaint against ..............., of .........., a copy of which is attached: You 
73.31 	are hereby summoned to appear before the undersigned on the .......... day of .........., 
73.32 	year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint 
73.33 	and to further be dealt with according to law.

74.1		Dated at ........, this ........ day of ........, year ......
	
74.2		........, 
........	
74.3		Judge of ........court. 
........	
74.4 	(c)
74.5 	FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE

74.6	State of Minnesota ........) 
		
74.7	)
	ss.
	
74.8	County of ........)
		
74.9 	The State of Minnesota, to the Sheriff of the County:
74.10 	Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held 
74.11 	at ..............., in the county of ....................., on the ............... day of ..............., year 
74.12 	..............., before ..............., a judge of the county, recovered a judgment against ..............., 
74.13 	the ..............., to have recovery of the following premises (describe here the property 
74.14 	as in the complaint): ..................
74.15 	Therefore, you are commanded that, taking with you the force of the county, if 
74.16 	necessary, you cause ................. to be immediately removed from the premises, and the 
74.17 	plaintiff to recover the premises. You are also commanded that from the personal property 
74.18 	of ........................ within the county that you seize and sell, the plaintiff be paid ............ . 
74.19 	dollars, as the costs assessed against the defendant, together with 25 cents for this writ. 
74.20 	You are ordered to return this writ within 30 days. 

74.21		Dated at ....., this ..... day of ....., year ....
	
74.22		........, 
........	
74.23		Judge of  ........court. 
........	

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

74.25 	Sec. 13. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
74.26 		Subdivision 1.Permissive appointment of guardian ad litem. In all proceedings 
74.27 	for child custody or for dissolution or legal separation where custody or parenting time 
74.28 	with a minor child is in issue, the court may appoint a guardian ad litem from a panel 
74.29 	established by the court to represent the interests of the child. The guardian ad litem shall 
74.30 	advise the court with respect to custody, support, and parenting time.

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

74.32 	Sec. 14. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
75.1 		Subd. 2.Required appointment of guardian ad litem. In all proceedings for child 
75.2 	custody or for marriage dissolution or legal separation in which custody or parenting time 
75.3 	with a minor child is an issue, if the court has reason to believe that the minor child is a 
75.4 	victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
75.5 	and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian 
75.6 	ad litem shall represent the interests of the child and advise the court with respect to 
75.7 	custody, support, and parenting time. If the child is represented by a guardian ad litem in 
75.8 	any other pending proceeding, the court may appoint that guardian to represent the child 
75.9 	in the custody or parenting time proceeding. No guardian ad litem need be appointed if 
75.10 	the alleged domestic child abuse or neglect is before the court on a juvenile dependency 
75.11 	and neglect petition. Nothing in this subdivision requires the court to appoint a guardian 
75.12 	ad litem in any proceeding for child custody, marriage dissolution, or legal separation in 
75.13 	which an allegation of domestic child abuse or neglect has not been made. 

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

75.15 	Sec. 15. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
75.16 		Subd. 3.Income cap on determining basic support. (a) The basic support 
75.17 	obligation for parents with a combined parental income for determining child support in 
75.18 	excess of the income limit currently in effect under subdivision 2 must be the same dollar 
75.19 	amount as provided for the parties with a combined parental income for determining child 
75.20 	support equal to the income in effectlimit under subdivision 2.
75.21 	(b) A court may order a basic support obligation in a child support order in an 
75.22 	amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability 
75.23 	or other substantial, demonstrated need for the additional support for those reasons set 
75.24 	forth in section 518A.43 and that the additional support will directly benefit the child.
75.25 	(c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of 
75.26 	every even-numbered year to reflect cost-of-living changes. The Supreme Court must 
75.27 	select the index for the adjustment from the indices listed in section 518A.75, subdivision 
75.28 	1. The state court administrator must make the changes in the dollar amounts required 
75.29 	by this paragraph available to courts and the public on or before April 30 of the year in 
75.30 	which the amount is to change.

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

75.32 	Sec. 16. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision 
75.33 	to read:
76.1 		Subd. 7a.Copy costs. The court administrator shall provide a person who is 
76.2 	proceeding in forma pauperis with a copy of the person's court file without charge.

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

76.4 	Sec. 17. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
76.5 		Subd. 8.Fine and surcharge collection. (a) A defendant's obligation to pay 
76.6 	court-ordered fines, surcharges, court costs, restitution, and fees shall survive for a period 
76.7 	of six years from the date of the expiration of the defendant's stayed sentence for the 
76.8 	offense for which the fines, surcharges, court costs, restitution, and fees were imposed, or 
76.9 	six years from the imposition or due date of the fines, surcharges, court costs, restitution,
76.10 	and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's 
76.11 	stay of sentence imposition or execution.
76.12 	(b) The six-year period relating to a defendant's obligation to pay restitution under 
76.13 	paragraph (a) does not limit the victim's right to collect restitution through other means 
76.14 	such as a civil judgment.

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

76.16 	Sec. 18. Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to 
76.17 	read:

76.18	Sec. 4.DISTRICT COURTS
 	$
	118,470,000
	$
	128,842,000
	
76.19 	Carlton County Extraordinary Expenses.
76.20 	$300,000 the first year is to reimburse 
76.21 	Carlton county for extraordinary expenses 
76.22 	related to homicide trials. This is a onetime 
76.23 	appropriation.
76.24 	New Judge Units. $774,000 the first year 
76.25 	and $1,504,000 the second year are for an 
76.26 	increase in judgeship units, including one 
76.27 	trial court judge unit beginning October 1, 
76.28 	2001, in the tenth judicial district, one trial 
76.29 	court judge unit beginning April 1, 2002, in 
76.30 	the third judicial district, one trial court judge 
76.31 	unit beginning July 1, 2002, in the tenth 
76.32 	judicial district, one trial court judge unit 
77.1 	beginning January 1, 2003, in the seventh 
77.2 	judicial district, and one trial court judge 
77.3 	unit beginning January 1, 2003, in the first 
77.4 	judicial district. Each judge unit consists of a 
77.5 	judge, law clerk, and court reporter.
77.6 	Alternative Dispute Resolution Programs.
77.7 	A portion of this appropriation may be 
77.8 	used for the alternative dispute resolution 
77.9 	programs authorized by article 5, section 18.
77.10 	Supplemental Funding for Certain 
77.11 	Mandated Costs. $4,533,000 the first 
77.12 	year and $6,032,000 the second year are to 
77.13 	supplement funding for guardians ad litem, 
77.14 	interpreters, rule 20 and civil commitment 
77.15 	examinations, and in forma pauperis costs in 
77.16 	the fifth, seventh, eighth, and ninth judicial 
77.17 	districts.
77.18 	Trial Court Infrastructure Staff. $684,000 
77.19 	the first year and $925,000 the second year 
77.20 	are for infrastructure staff.
77.21 	Court Effectiveness Initiatives; 
77.22 	Community Courts and Screener 
77.23 	Collectors. $835,000 the first year and 
77.24 	$765,000 the second year are for court 
77.25 	effectiveness initiatives. Of this amount, 
77.26 	$125,000 each year is for continued funding 
77.27 	of the community court in the fourth judicial 
77.28 	district and $125,000 each year is for 
77.29 	continued funding of the community court 
77.30 	in the second judicial district. These are 
77.31 	onetime appropriations.
77.32 	The second judicial district and fourth 
77.33 	judicial district shall each report quarterly to 
77.34 	the chairs and ranking minority members of 
78.1 	the legislative committees and divisions with 
78.2 	jurisdiction over criminal justice funding on:
78.3 	(1) how money appropriated for this initiative 
78.4 	was spent; and
78.5 	(2) the cooperation of other criminal justice 
78.6 	agencies and county units of government in 
78.7 	the community courts' efforts.
78.8 	The first report is due on October 1, 2001. 
78.9 	None of this appropriation may be used 
78.10 	for the purpose of complying with these 
78.11 	reporting requirements.
78.12 	Of this amount, $585,000 the first year and 
78.13 	$515,000 the second year are for screener 
78.14 	collector programs.
78.15 	The fifth, seventh, and ninth judicial district 
78.16 	courts shall implement screener collector 
78.17 	programs to enhance the collection of 
78.18 	overdue fine revenue by at least ten percent in 
78.19 	each location serviced by a screener collector. 
78.20 	By August 15, 2002, and annually thereafter, 
78.21 	the state court administrator shall report to 
78.22 	the chairs and ranking minority members 
78.23 	of the house of representatives and senate 
78.24 	committees with jurisdiction over criminal 
78.25 	justice policy and funding issues on the total 
78.26 	amount of fines collected, the amount of 
78.27 	overdue fines collected for the two preceding 
78.28 	fiscal years, and the expenditures associated 
78.29 	with the screener collector program.
78.30 	Ninth District County and Support Pilot 
78.31 	Projects. Up to $99,000 each year may 
78.32 	be used for the ninth judicial district to 
78.33 	implement the pilot projects on the six-month 
78.34 	review of child custody, parenting time, and 
79.1 	support orders, and on the accounting for 
79.2 	child support by obligees.

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

79.4 	Sec. 19. Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to 
79.5 	read:

79.6	Sec. 2.SUPREME COURT
 	$
	38,806,000
	$
	36,439,000
	
79.7 	Report on Court Fees. The state court 
79.8 	administrator shall review and report back 
79.9 	on the financial consequences of policy 
79.10 	changes made in the following areas: (1) 
79.11 	criminal and traffic offender surcharges; (2) 
79.12 	public defender co-pays; and (3) the use 
79.13 	of revenue recapture to collect the public 
79.14 	defender co-pay. The report shall also list 
79.15 	the local governmental units that employ 
79.16 	administrative procedures to collect fines 
79.17 	for ordinance violations. The state court 
79.18 	administrator must submit the report to the 
79.19 	chairs and ranking minority members on the 
79.20 	committees that have jurisdiction over court 
79.21 	funding by January 15 of each year.
79.22 	$5,000 each year is for a contingent account 
79.23 	for expenses necessary for the normal 
79.24 	operation of the court for which no other 
79.25 	reimbursement is provided.
79.26 	Legal Services to Low-Income Clients in 
79.27 	Family Law Matters. Of this appropriation, 
79.28 	$877,000 each year is to improve the 
79.29 	access of low-income clients to legal 
79.30 	representation in family law matters. This 
79.31 	appropriation must be distributed under 
79.32 	Minnesota Statutes, section 480.242, to 
79.33 	the qualified legal services programs 
79.34 	described in Minnesota Statutes, section 
80.1 	480.242, subdivision 2, paragraph (a). Any 
80.2 	unencumbered balance remaining in the first 
80.3 	year does not cancel and is available in the 
80.4 	second year.
80.5 	Of this appropriation, $355,000 in fiscal 
80.6 	year 2005 is for the implementation of 
80.7 	the Minnesota Child Support Act and is 
80.8 	contingent upon its enactment. This is a 
80.9 	onetime appropriation.

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

80.11 	Sec. 20. PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
 80.12 	The State Board of Public Defense and the Hennepin County Board of 
80.13 	Commissioners shall jointly prepare a report to the legislature on the history of the 
80.14 	funding of the public defender's office in the Fourth Judicial District provided by the state 
80.15 	and Hennepin County. The report must compare the costs and services provided by the 
80.16 	Fourth Judicial District Public Defender's Office to the costs and services provided by the 
80.17 	state Board of Public Defense in all other public defender district offices. The report must 
80.18 	detail the amount of funding provided by Hennepin County to the Fourth Judicial District 
80.19 	Public Defender's Office and the amount necessary for the state to assume the full costs of 
80.20 	the public defender duties in the Fourth Judicial District as in the other judicial districts 
80.21 	throughout the state. The report must also recommend specific legislation that would 
80.22 	provide for an appropriate resolution of the state and local funding of the Fourth Judicial 
80.23 	District Public Defender's Office. The report must be completed by October 1, 2007, and 
80.24 	be submitted to the commissioner of finance, the chairs and ranking minority members of 
80.25 	the senate and house committees and divisions with jurisdiction over finance, judiciary, 
80.26 	judiciary finance, and public safety finance, and the house Ways and Means Committee.

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

80.28 	Sec. 21. REPEALER.
 80.29 	Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; and 611.20, 
80.30 	subdivision 5, are repealed.

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

81.1 	ARTICLE 6
81.2 	CORRECTIONS

81.3 	Section 1. Minnesota Statutes 2006, section 16A.72, is amended to read:
81.4 	16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
81.5 	All income, including fees or receipts of any nature, shall be credited to the general 
81.6 	fund, except:
81.7 	(1) federal aid;
81.8 	(2) contributions, or reimbursements received for any account of any division or 
81.9 	department for which an appropriation is made by law;
81.10 	(3) income to the University of Minnesota;
81.11 	(4) income to revolving funds now established in institutions under the control of the 
81.12 	commissioners of corrections or human services;
81.13 	(5) investment earnings resulting from the master lease program, except that the 
81.14 	amount credited to another fund or account may not exceed the amount of the additional 
81.15 	expense incurred by that fund or account through participation in the master lease program;
81.16 	(6) investment earnings resulting from any gift, donation, devise, endowment, trust, 
81.17 	or court ordered or approved escrow account or trust fund, which should be credited to the 
81.18 	fund or account and appropriated for the purpose for which it was received;
81.19 	(7) receipts from the operation of patients' and inmates' stores and patients' vending 
81.20 	machines, which shall be deposited in the social welfare fund, or in the case of prison 
81.21 	industries in the correctional revolving fund, in each institution for the benefit of the 
81.22 	patients and inmates;
81.23 	(8) money received in payment for services of inmate labor employed in the 
81.24 	industries carried on in the state correctional facilities which receipts shall be credited to 
81.25 	the current expense fund of those facilities income to prison industries which shall be 
81.26 	credited to the correctional industries revolving fund;
81.27 	(9) as provided in sections 16B.57 and 85.22; 
81.28 	(10) income to the Minnesota Historical Society;
81.29 	(11) the percent of income collected by a private collection agency and retained by 
81.30 	the collection agency as its collection fee; or
81.31 	(12) as otherwise provided by law.

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

81.33 	Sec. 2. Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:
82.1 		Subd. 2.Public entities; purchases from corrections industries. (a) The 
82.2 	commissioner of corrections, in consultation with the commissioner of administration, 
82.3 	shall prepare updated lists of the items available for purchase from Department of 
82.4 	Corrections industries and annually forward a copy of the most recent list to all public 
82.5 	entities within the state. A public entity that is supported in whole or in part with funds 
82.6 	from the state treasury may purchase items directly from corrections industries. The bid 
82.7 	solicitation process is not required for these purchases.
82.8 	(b) The commissioner of administration shall develop a contract or contracts 
82.9 	to enable public entities to purchase items directly from corrections industries. The 
82.10 	commissioner of administration, in consultation with the commissioner of corrections, 
82.11 	shall determine the fair market price for listed items. The commissioner of administration 
82.12 	shall require that all requests for bids or proposals, for items provided by corrections 
82.13 	industries, be forwarded to the commissioner of corrections to enable corrections industries 
82.14 	to submit bids. The commissioner of corrections shall consult with the commissioner of 
82.15 	administration prior to introducing new products to the state agency market.
82.16 	(c) No public entity may evade the intent of this section by adopting slight variations 
82.17 	in specifications, when Minnesota corrections industry items meet the reasonable needs 
82.18 	and specifications of the public entity.
82.19 	(d) The commissioners of administration and corrections shall develop annual 
82.20 	performance measures outlining goals to maximize inmate work program participation. 
82.21 	The commissioners of administration and corrections shall appoint cochairs for a task 
82.22 	force whose purpose is to determine additional methods to achieve the performance 
82.23 	goals for public entity purchasing. The task force shall include representatives from the 
82.24 	Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and 
82.25 	Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association 
82.26 	of Counties, and administrators with purchasing responsibilities from the Minnesota state 
82.27 	Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources, 
82.28 	Human Services, Health, and Employment and Economic Development. Notwithstanding 
82.29 	section 15.059, the task force created in this paragraph expires on June 30, 2003.
82.30 	(e) If performance goals for public entity purchasing are not achieved in two 
82.31 	consecutive fiscal years, public entities shall purchase items available from corrections 
82.32 	industries. The commissioner of administration shall be responsible for notifying public 
82.33 	entities of this requirement.

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

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

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

83.7 	Sec. 4. Minnesota Statutes 2006, section 241.016, subdivision 1, is amended to read:
83.8 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
83.9 	performance report to the chairs and ranking minority members of the senate and house 
83.10 	committees and divisions having jurisdiction over criminal justice funding by January 
83.11 	15, 2005, and every other year thereafter. The issuance and content of the report must 
83.12 	include the following:
83.13 	(1) department strategic mission, goals, and objectives;
83.14 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
83.15 	per diem, reported in a standard calculated method as outlined in the departmental policies 
83.16 	and procedures; 
83.17 	(3) department annual statistics as outlined in the departmental policies and 
83.18 	procedures; and
83.19 	(4) information about prison-based mental health programs, including, but not 
83.20 	limited to, the availability of these programs, participation rates, and completion rates.
83.21 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
83.22 	basis. In addition, each year the department shall, on an alternating basis, complete a 
83.23 	recidivism analysis of adult facilities, juvenile services, and the community services 
83.24 	divisions and include a three-year recidivism analysis in the report described in paragraph 
83.25 	(a). When appropriate, The recidivism analysis must include: (1) assess education 
83.26 	programs, vocational programs, treatment programs, including mental health programs, 
83.27 	industry, and employment; and (2) assess statewide re-entry policies and funding, 
83.28 	including postrelease treatment, education, training, and supervision. In addition, when 
83.29 	reporting recidivism for the department's adult and juvenile facilities, the department shall 
83.30 	report on the extent to which offenders it has assessed as chemically dependent commit 
83.31 	new offenses, with separate recidivism rates reported for persons completing and not 
83.32 	completing the department's treatment programs.

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

84.1 	Sec. 5. Minnesota Statutes 2006, section 241.018, is amended to read:
84.2 	241.018 PER DIEM CALCULATION.
84.3 		Subdivision 1.State correctional facilities. (a) The commissioner of corrections 
84.4 	shall develop a uniform method to calculate the average department-wide per diem cost 
84.5 	of incarcerating offenders at state adult correctional facilities. In addition to other costs 
84.6 	currently factored into the per diem, it must include an appropriate percentage of capitol 
84.7 	costs for all adult correctional facilities and 65 percent of the department's management 
84.8 	services budget.
84.9 	(b) The commissioner also shall use this method of calculating per diem costs 
84.10 	for offenders in each state adult correctional facility. When calculating the per diem 
84.11 	cost of incarcerating offenders at a particular facility, the commissioner shall include 
84.12 	an appropriate percentage of capital costs for the facility and an appropriate prorated 
84.13 	amount, given the facility's population, of 65 percent of the department's management 
84.14 	services budget.
84.15 	(c) The commissioner shall ensure that these new per diem methods are used in 
84.16 	all future annual performance reports to the legislature and are also reflected in the 
84.17 	department's biennial budget document.
84.18 		Subd. 2.Local correctional facilities. (a) The commissioner of corrections shall 
84.19 	develop a uniform method to calculate the average per diem cost of incarcerating offenders 
84.20 	in county and regional jail facilities licensed by the commissioner under section 241.021, 
84.21 	subdivision 1, paragraph (a).
84.22 	(b) Each county and regional jail in the state must annually provide the commissioner 
84.23 	with a per diem calculation based on the formula the commissioner promulgates pursuant 
84.24 	to paragraph (a).
84.25 	(c) The commissioner shall include the county and regional jail per diem data 
84.26 	collected under paragraph (b) in the Department of Correction's annual performance report 
84.27 	to the legislature mandated by section 241.016.

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

84.29 	Sec. 6. Minnesota Statutes 2006, section 241.27, subdivision 1, is amended to read:
84.30 		Subdivision 1.Establishment of Minnesota correctional industries; MINNCOR 
84.31 	industries. For the purpose of providing adequate, regular and suitable employment, 
84.32 	vocationaleducational training, and to aid the inmates of state correctional facilities, 
84.33 	the commissioner of corrections may establish, equip, maintain and operate at any 
84.34 	correctional facility under the commissioner's control such industrial and commercial 
85.1 	activities as may be deemed necessary and suitable to the profitable employment, 
85.2 	vocationaleducational training and development of proper work habits of the inmates of 
85.3 	state correctional facilities. The industrial and commercial activities authorized by this 
85.4 	section are designated MINNCOR industries and shall be for the primary purpose of 
85.5 	sustaining and ensuring MINNCOR industries' self-sufficiency, providing vocational
85.6 	educational training, meaningful employment and the teaching of proper work habits to 
85.7 	the inmates of correctional facilities under the control of the commissioner of corrections, 
85.8 	and not solely as competitive business ventures. The net profits from these activities shall 
85.9 	be used for the benefit of the inmates as it relates to education, self-sufficiency skills, and 
85.10 	transition services and not to fund non-inmate-related activities or mandates. Prior to the 
85.11 	establishment of any industrial and commercial activity, the commissioner of corrections 
85.12 	may consult with representatives of business, industry, organized labor, the state 
85.13 	Department of Education, the state Apprenticeship Council, the state Department of Labor 
85.14 	and Industry, the Department of Employment Security, the Department of Administration, 
85.15 	and such other persons and bodies as the commissioner may feel are qualified to determine 
85.16 	the quantity and nature of the goods, wares, merchandise and services to be made or 
85.17 	provided, and the types of processes to be used in their manufacture, processing, repair, 
85.18 	and production consistent with the greatest opportunity for the reform and vocational
85.19 	educational training of the inmates, and with the best interests of the state, business, 
85.20 	industry and labor.
85.21 	The commissioner of corrections shall, at all times in the conduct of any industrial 
85.22 	or commercial activity authorized by this section, utilize inmate labor to the greatest 
85.23 	extent feasible, provided, however, that the commissioner may employ all administrative, 
85.24 	supervisory and other skilled workers necessary to the proper instruction of the inmates 
85.25 	and the profitable and efficient operation of the industrial and commercial activities 
85.26 	authorized by this section.
85.27 	Additionally, the commissioner of corrections may authorize the director of any 
85.28 	correctional facility under the commissioner's control to accept work projects from outside 
85.29 	sources for processing, fabrication or repair, provided that preference shall be given to the 
85.30 	performance of such work projects for state departments and agencies.

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

85.32 	Sec. 7. Minnesota Statutes 2006, section 241.27, subdivision 2, is amended to read:
85.33 		Subd. 2.Revolving fund; use of fund. There is established in the Department 
85.34 	of Corrections under the control of the commissioner of corrections the Minnesota 
85.35 	correctional industries revolving fund to which shall be transferred the revolving funds 
86.1 	authorized in Minnesota Statutes 1978, sections 243.41 and 243.85, clause (f), and any 
86.2 	other industrial revolving funds heretofore established at any state correctional facility 
86.3 	under the control of the commissioner of corrections. The revolving fund established 
86.4 	shall be used for the conduct of the industrial and commercial activities now or hereafter 
86.5 	established at any state correctional facility, including but not limited to the purchase of 
86.6 	equipment, raw materials, the payment of salaries, wages and other expenses necessary and 
86.7 	incident thereto. The purchase of services, materials, and commodities used in and held 
86.8 	for resale are not subject to the competitive bidding procedures of section 16C.06, but are 
86.9 	subject to all other provisions of chapters 16B and 16C. When practical, purchases must be 
86.10 	made from small targeted group businesses designated under section 16C.16. Additionally, 
86.11 	the expenses of inmate vocational educational training, self-sufficiency skills, transition 
86.12 	services, and the inmate release fund may be financed from the correctional industries 
86.13 	revolving fund in an amount to be determined by the commissioner or the MINNCOR 
86.14 	chief executive officer as duly appointed by the commissioner. The proceeds and income 
86.15 	from all industrial and commercial activities conducted at state correctional facilities 
86.16 	shall be deposited in the correctional industries revolving fund subject to disbursement 
86.17 	as hereinabove provided. The commissioner of corrections may request that money in 
86.18 	the fund be invested pursuant to section 11A.25; the proceeds from the investment not 
86.19 	currently needed shall be accounted for separately and credited to the fund. 

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

86.21 	Sec. 8. Minnesota Statutes 2006, section 241.27, subdivision 3, is amended to read:
86.22 		Subd. 3.Disbursement from fund. The correctional industries revolving fund 
86.23 	shall be deposited in the state treasury and paid out only on proper vouchers as may be 
86.24 	authorized and approved by the commissioner of corrections, and in the same manner and 
86.25 	under the same restrictions as are now provided by law for the disbursement of funds by 
86.26 	the commissioner. An amount deposited in the state treasury equal to six months of net 
86.27 	operating cash as determined by the prior 12 months of revenue and cash flow statements, 
86.28 	shall be restricted for use only by correctional industries as described under subdivision 
86.29 	2. For purposes of this subdivision, "net operating cash" means net income minus sales 
86.30 	plus cost of goods sold. Cost of goods sold include all direct costs of correctional industry 
86.31 	products attributable to their production. The commissioner of corrections is authorized 
86.32 	to keep and maintain at any correctional facility under the commissioner's control a 
86.33 	contingent fund, as provided in section 241.13; but the contingent fund shall at all times 
86.34 	be covered and protected by a proper and sufficient bond to be duly approved as by law 
86.35 	now provided. 

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

87.2 	Sec. 9. Minnesota Statutes 2006, section 241.27, subdivision 4, is amended to read:
87.3 		Subd. 4.Revolving fund; borrowing. The commissioner of corrections is 
87.4 	authorized, when in the commissioner's judgment it becomes necessary in order to meet 
87.5 	current demands on the correctional industries revolving fund, to borrow sums of money 
87.6 	as may be necessary. The sums so borrowed shall not exceed, in any one year, 50 percent 
87.7 	of the total of the net worth of correctional industries six months of net operating cash as 
87.8 	determined by the previous 12 months of the correctional industries' revenue and cash 
87.9 	flow statements.
87.10 	When the commissioner of corrections shall certify to the commissioner of finance 
87.11 	that, in the commissioner's judgment, it is necessary to borrow a specified sum of money 
87.12 	in order to meet the current demands on the correctional industries revolving fund, and the 
87.13 	commissioner of finance may, in the commissioner's discretion, transfer and credit to the 
87.14 	correctional industries revolving fund, from any moneys in the state treasury not required 
87.15 	for immediate disbursement, the whole or such part of the amount so certified as they 
87.16 	deem advisable, which sum so transferred shall be repaid by the commissioner from the 
87.17 	revolving fund to the fund from which transferred, at such time as shall be specified by the 
87.18 	commissioner of finance, together with interest thereon at such rate as shall be specified 
87.19 	by the commissioner of finance, not exceeding four percent per annum. When any transfer 
87.20 	shall so have been made to the correctional industries revolving fund, the commissioner 
87.21 	of finance shall notify the commissioner of corrections of the amount so transferred to 
87.22 	the credit of the correctional industries revolving fund, the date when the same is to be 
87.23 	repaid, and the rate of interest so to be paid.

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

87.25 	Sec. 10. Minnesota Statutes 2006, section 241.278, is amended to read:
87.26 	241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY 
87.27 	JAIL INMATES.
87.28 	The commissioner of corrections, in the interest of inmate rehabilitation or to 
87.29 	promote programs under section 241.275, subdivision 2, may enter into interagency 
87.30 	agreements with state, county, or municipal agencies, or contract with nonprofit agencies 
87.31 	to manage, fund, or partially fund the cost of programs that use state or county jail 
87.32 	inmates as a work force. The commissioner is authorized to receive funds via these 
87.33 	agreements and these funds are appropriated to the commissioner for community service 
88.1 	programming or when prison industries are party to the agreement, shall be deposited in 
88.2 	the Minnesota correctional industries revolving fund for use as described under section 
88.3 	241.27, subdivision 2.

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

88.5 	Sec. 11. Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:
88.6 		Subd. 3.Transfer. If the licensed mental health professional finds the person to be a 
88.7 	person who is mentally ill and in need of short-term care, the examining licensed mental
88.8 	health care professional may recommend transfer by the commissioner of corrections to 
88.9 	the mental health unit established pursuant to subdivision 1.

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

88.11 	Sec. 12. Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
88.12 		Subd. 4.Commitment. If the examining health care professional or licensed 
88.13 	mental health professional finds the person to be a person who is mentally ill and in need 
88.14 	of long-term care in a hospital, or if an inmate transferred pursuant to subdivision 3 
88.15 	refuses to voluntarily participate in the treatment program at the mental health unit, the 
88.16 	director of psychological services of the institution or the mental health professional shall 
88.17 	initiate proceedings for judicial commitment as provided in section 253B.07. Upon the 
88.18 	recommendation of the licensed mental health professional and upon completion of the 
88.19 	hearing and consideration of the record, the court may commit the person to the mental 
88.20 	health unit established in subdivision 1 or to another hospital. A person confined in a state 
88.21 	correctional institution for adults who has been adjudicated to be a person who is mentally 
88.22 	ill and in need of treatment may be committed to the commissioner of corrections and 
88.23 	placed in the mental health unit established in subdivision 1. 

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

88.25 	Sec. 13. Minnesota Statutes 2006, section 268.19, subdivision 1, is amended to read:
88.26 		Subdivision 1.Use of data. (a) Except as otherwise provided by this section, data 
88.27 	gathered from any person pursuant to the administration of the Minnesota Unemployment 
88.28 	Insurance Law are private data on individuals or nonpublic data not on individuals as 
88.29 	defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except pursuant 
88.30 	to a district court order or section 13.05. A subpoena shall not be considered a district 
88.31 	court order. These data may be disseminated to and used by the following agencies 
88.32 	without the consent of the subject of the data:
89.1 	(1) state and federal agencies specifically authorized access to the data by state 
89.2 	or federal law;
89.3 	(2) any agency of any other state or any federal agency charged with the 
89.4 	administration of an unemployment insurance program;
89.5 	(3) any agency responsible for the maintenance of a system of public employment 
89.6 	offices for the purpose of assisting individuals in obtaining employment;
89.7 	(4) human rights agencies within Minnesota that have enforcement powers;
89.8 	(5) the Department of Revenue only to the extent necessary for its duties under 
89.9 	Minnesota laws;
89.10 	(6) public and private agencies responsible for administering publicly financed 
89.11 	assistance programs for the purpose of monitoring the eligibility of the program's 
89.12 	recipients;
89.13 	(7) the Department of Labor and Industry and the Division of Insurance Fraud 
89.14 	Prevention in the Department of Commerce on an interchangeable basis with the 
89.15 	department for uses consistent with the administration of their duties under Minnesota law;
89.16 	(8) local and state welfare agencies for monitoring the eligibility of the data subject 
89.17 	for assistance programs, or for any employment or training program administered by those 
89.18 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
89.19 	with the department or to monitor and evaluate the statewide Minnesota family investment 
89.20 	program by providing data on recipients and former recipients of food stamps or food 
89.21 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
89.22 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
89.23 	(9) local and state welfare agencies for the purpose of identifying employment, 
89.24 	wages, and other information to assist in the collection of an overpayment debt in an 
89.25 	assistance program;
89.26 	(10) local, state, and federal law enforcement agencies for the sole purpose of 
89.27 	ascertaining the last known address and employment location of a person who is the 
89.28 	subject of a criminal investigation;
89.29 	(11) the federal Immigration and Naturalization Service shall have access to data on 
89.30 	specific individuals and specific employers provided the specific individual or specific 
89.31 	employer is the subject of an investigation by that agency; and
89.32 	(12) the Department of Health solely for the purposes of epidemiologic 
89.33 	investigations; and 
89.34 	(13) the Department of Corrections for the purpose of postconfinement employment 
89.35 	tracking.
90.1 	(b) Data on individuals and employers that are collected, maintained, or used by the 
90.2 	department in an investigation pursuant to section 268.182 are confidential as to data on 
90.3 	individuals and protected nonpublic data not on individuals as defined in section 13.02, 
90.4 	subdivisions 3 and 13, and must not be disclosed except pursuant to statute or district 
90.5 	court order or to a party named in a criminal proceeding, administrative or judicial, for 
90.6 	preparation of a defense.
90.7 	(c) Data gathered by the department pursuant to the administration of the Minnesota 
90.8 	unemployment insurance program must not be made the subject or the basis for any 
90.9 	suit in any civil proceedings, administrative or judicial, unless the action is initiated by 
90.10 	the department.

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

90.12 	Sec. 14. Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:
90.13 		Subd. 6.Rules and regulations. The county may promulgate rules and regulations 
90.14 	for the proper operation and maintenance of each facility and the proper care and discipline 
90.15 	of inmates detained in the facility. These rules and regulations may, among other things, 
90.16 	provide for the diminution of sentences of inmates for good behavior, but in no event to 
90.17 	exceed a total of five days for each 30 day sentence in accordance with section 643.29.

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

90.19 	Sec. 15. Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:
90.20 		Subd. 7.Confinement of inmates from other counties. The county may accept 
90.21 	an inmate for confinement at a county correction facility when the inmate is committed 
90.22 	to the facility by order of a judge of a municipality or county outside Ramsey County if 
90.23 	the county is paid the amount of compensation for board, confinement, and maintenance 
90.24 	of the inmate that it determines. No compensation of this kind may be in an amount less 
90.25 	than the actual per diem cost per person confined. A county outside Ramsey County or 
90.26 	a municipality outside Ramsey County may enter into and agree with Ramsey County 
90.27 	for the incarceration of prisoners.

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

90.29 	Sec. 16. Minnesota Statutes 2006, section 401.15, subdivision 1, is amended to read:
90.30 		Subdivision 1.Certified statements; determinations; adjustments. On or before
90.31 	Within 60 days of the end of each calendar quarter, participating counties which have 
90.32 	received the payments authorized by section 401.14 shall submit to the commissioner 
91.1 	certified statements detailing the amounts expended and costs incurred in furnishing the 
91.2 	correctional services provided in sections 401.01 to 401.16. Upon receipt of certified 
91.3 	statements, the commissioner shall, in the manner provided in sections 401.10 and 
91.4 	401.12, determine the amount each participating county is entitled to receive, making any 
91.5 	adjustments necessary to rectify any disparity between the amounts received pursuant to 
91.6 	the estimate provided in section 401.14 and the amounts actually expended. If the amount 
91.7 	received pursuant to the estimate is greater than the amount actually expended during the 
91.8 	quarter, the commissioner may withhold the difference from any subsequent monthly 
91.9 	payments made pursuant to section 401.14. Upon certification by the commissioner of 
91.10 	the amount a participating county is entitled to receive under the provisions of section 
91.11 	401.14 or of this subdivision the commissioner of finance shall thereupon issue a state 
91.12 	warrant to the chief fiscal officer of each participating county for the amount due together 
91.13 	with a copy of the certificate prepared by the commissioner. 

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

91.15 	Sec. 17. Minnesota Statutes 2006, section 641.15, is amended by adding a subdivision 
91.16 	to read:
91.17 		Subd. 3a.Intake procedure; approved mental health screening. As part of its 
91.18 	intake procedure for new prisoners, the sheriff or local corrections shall use a mental 
91.19 	health screening tool approved by the commissioner of corrections in consultation with 
91.20 	the commissioner of human services and local corrections staff to identify persons who 
91.21 	may have mental illness.

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

91.23 	Sec. 18. Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
91.24 		Subd. 2.Withdrawal. A county board may withdraw from cooperation in a regional 
91.25 	jail system if the county boards of all of the other cooperating counties decide, by majority 
91.26 	vote, to allow the withdrawal in accordance with the terms of a joint powers agreement. 
91.27 	With the approval of the county board of each cooperating county, the regional jail board 
91.28 	shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital 
91.29 	cost, debt service, or lease rental payments made by the county prior to withdrawal, in 
91.30 	excess of its proportionate share of benefits from the regional jail prior to withdrawal, and 
91.31 	the time and manner of making the payments. The payments shall be deemed additional 
91.32 	payments of capital cost, debt service, or lease rentals to be made proportionately by the 
92.1 	remaining counties and, when received, shall be deposited in and paid from the regional 
92.2 	jail fund; provided that:
92.3 	(a)(1) payments shall not be made from any amounts in the regional jail fund 
92.4 	which are needed for maintenance and operation expenses or lease rentals currently due 
92.5 	and payable; and
92.6 	(b)(2) the withdrawing county shall remain obligated for the payment of its 
92.7 	proportionate share of any lease rentals due and payable after its withdrawal, in the 
92.8 	event and up to the amount of any lease payment not made when due by one or more of 
92.9 	the other cooperating counties.

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

92.11 	Sec. 19. DISCIPLINARY CONFINEMENT; PROTOCOL.
 92.12 	The commissioner of corrections shall develop a protocol that is fair, firm, and 
92.13 	consistent so that inmates have an opportunity to be released from disciplinary confinement 
92.14 	in a timely manner. For those inmates in disciplinary confinement who are nearing the 
92.15 	inmate's release date, the commissioner of corrections shall develop a reentry plan.

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

92.17 	Sec. 20. REPEALER.
 92.18 	Minnesota Statutes 2006, sections 241.021, subdivision 5; 241.85, subdivision 2; 
92.19 	and 242.193, subdivision 2, are repealed.

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

92.21 	ARTICLE 7
92.22 	PUBLIC SAFETY

92.23 	Section 1. Minnesota Statutes 2006, section 13.82, subdivision 27, is amended to read:
92.24 		Subd. 27.Pawnshop and scrap metal dealer data. Data that would reveal the 
92.25 	identity of persons who are customers of a licensed pawnbroker or, secondhand goods 
92.26 	dealer, or a scrap metal dealer are private data on individuals. Data describing the property 
92.27 	in a regulated transaction with a licensed pawnbroker or, secondhand goods dealer, or 
92.28 	a scrap metal dealer are public.

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

92.30 	Sec. 2. Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
93.1 		Subdivision 1.Definition. As used in this section, "crime against the person" means 
93.2 	a violation of any of the following or a similar law of another state or of the United States: 
93.3 	section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 
93.4 	609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247;609.235; 
93.5 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1;
93.6 	609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section 
93.7 	609.229; 609.377; 609.749; or 624.713.

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

93.10 	Sec. 3. Minnesota Statutes 2006, section 297I.06, subdivision 3, is amended to read:
93.11 		Subd. 3.Fire safety account, annual transfers, allocation. A special account, to 
93.12 	be known as the fire safety account, is created in the state treasury. The account consists of 
93.13 	the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008 and $2,268,000 in 
93.14 	each year thereafter is transferred from the fire safety account in the special revenue fund 
93.15 	to the general fund to offset the loss of revenue caused by the repeal of the one-half of one 
93.16 	percent tax on fire insurance premiums. The general fund base appropriation for the fire 
93.17 	marshal program is reduced by $2,832,000 in fiscal year 2008 and each year thereafter. 
93.18 	The base funding for the fire marshal program from the fire safety account in the special 
93.19 	revenue fund shall be $2,832,000 in fiscal year 2008 and each year thereafter.

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

93.21 	Sec. 4. Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
93.22 		Subd. 2.Membership. The oversight council shall consist of the following 
93.23 	individuals or their designees:
93.24 	(1) the director of the office of special investigations as the representative of the 
93.25 	commissioner of corrections;
93.26 	(2) the superintendent of the Bureau of Criminal Apprehension as the representative 
93.27 	of the commissioner of public safety;
93.28 	(3) the attorney general;
93.29 	(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, 
93.30 	two of which must be selected from cities with populations greater than 200,000;
93.31 	(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each 
93.32 	district, two of which must be selected from counties with populations greater than 
93.33 	500,000;
94.1 	(6) the United States attorney for the district of Minnesota;
94.2 	(7) two county attorneys, selected by the Minnesota County Attorneys Association;
94.3 	(8) a command-level representative of a gang strike force;
94.4 	(9) a representative from a drug task force, selected by the Minnesota State 
94.5 	Association of Narcotics Investigators;
94.6 	(10) a representative from the United States Drug Enforcement Administration;
94.7 	(11) a representative from the United States Bureau of Alcohol, Tobacco, and 
94.8 	Firearms;
94.9 	(12) a representative from the Federal Bureau of Investigation;
94.10 	(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement 
94.11 	Association; and
94.12 	(14) two additional members who may be selected by the oversight council;
94.13 	(15) a senator who serves on the committee having jurisdiction over criminal justice 
94.14 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
94.15 	and Administration; and
94.16 	(16) a representative who serves on the committee having jurisdiction over criminal 
94.17 	justice policy, chosen by the speaker of the house of representatives.
94.18 	The oversight council may adopt procedures to govern its conduct as necessary and may 
94.19 	select a chair from among its members. The legislative members of the council may not 
94.20 	vote on matters before the council.

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

94.22 	Sec. 5. Minnesota Statutes 2006, section 299A.681, subdivision 2, is amended to read:
94.23 		Subd. 2.Membership. The oversight council consists of the following individuals, 
94.24 	or their designees:
94.25 	(1) the commissioner of public safety;
94.26 	(2) the attorney general;
94.27 	(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association 
94.28 	from police departments that participate in the Minnesota Financial Crimes Task Force;
94.29 	(4) two sheriffs, selected by the Minnesota Sheriffs Association from sheriff 
94.30 	departments that participate in the task force;
94.31 	(5) the United States attorney for the district of Minnesota;
94.32 	(6) a county attorney, selected by the Minnesota County Attorneys Association;
94.33 	(7) a representative from the United States Postal Inspector's Office, selected by the 
94.34 	oversight council;
95.1 	(8) a representative from a not-for-profit retail merchants industry, selected by the 
95.2 	oversight council;
95.3 	(9) a representative from a not-for-profit banking and credit union industry, selected 
95.4 	by the oversight council;
95.5 	(10) a representative from a not-for-profit association representing senior citizens, 
95.6 	selected by the oversight council;
95.7 	(11) the statewide commander of the task force;
95.8 	(12) a representative from the Board of Public Defense, selected by the board; and
95.9 	(13) two additional members selected by the oversight council;
95.10 	(14) a senator who serves on the committee having jurisdiction over criminal justice 
95.11 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
95.12 	and Administration; and
95.13 	(15) a representative who serves on the committee having jurisdiction over criminal 
95.14 	justice policy, chosen by the speaker of the house of representatives.
95.15 	The oversight council may adopt procedures to govern its conduct and shall select a 
95.16 	chair from among its members. The legislative members of the council may not vote on 
95.17 	matters before the council.

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

95.19 	Sec. 6. Minnesota Statutes 2006, section 299A.681, is amended by adding a 
95.20 	subdivision to read:
95.21 		Subd. 13.Report required. By February 1 of each year, the oversight council 
95.22 	shall report to the chairs and ranking minority members of the senate and house of 
95.23 	representatives committees and divisions having jurisdiction over criminal justice policy 
95.24 	and funding on the activities of the council and task force. At a minimum, this annual 
95.25 	report must include:
95.26 	(1) a description of the council's and task force's goals for the previous year and 
95.27 	for the coming year;
95.28 	(2) a description of the outcomes the council and task force achieved or did not 
95.29 	achieve during the preceding year and a description of the outcomes they will seek to 
95.30 	achieve during the coming year;
95.31 	(3) any legislative recommendations the council or task force has including, 
95.32 	where necessary, a description of the specific legislation needed to implement the 
95.33 	recommendations;
96.1 	(4) a detailed accounting of how appropriated money, grants, and in-kind 
96.2 	contributions were spent; and 
96.3 	(5) a detailed accounting of the grants awarded under this section.

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

96.5 	Sec. 7. [299C.25] SCRAP METAL DEALERS; EDUCATIONAL MATERIALS.
96.6 	(a) The superintendent shall develop educational materials relating to the laws 
96.7 	governing scrap metal dealers, including, but not limited to, applicable laws addressing 
96.8 	receiving stolen property and the provisions of section 325E.21. In addition, the materials 
96.9 	must address the proper use of the criminal alert network under section 299A.61, and must 
96.10 	include a glossary of the terms used by law enforcement agencies to describe items of 
96.11 	scrap metal that are different from the terms used in the scrap metal industry to describe 
96.12 	those same items.
96.13 	(b) In developing the materials under paragraph (a), the superintendent shall seek 
96.14 	the advice of scrap metal trade associations, Minnesota scrap metal dealers, and law 
96.15 	enforcement agencies.
96.16 	(c) The superintendent shall distribute the materials developed in paragraph (a) to all 
96.17 	scrap metal dealers registered with the criminal alert network.

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

96.19 	Sec. 8. Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
96.20 		Subd. 2.Task force. (a) The policy group shall appoint A task force to shall assist 
96.21 	them the policy group in their its duties. The task force shall monitor, review, and report to 
96.22 	the policy group on CriMNet-related projects and provide oversight to ongoing operations 
96.23 	as directed by the policy group. The task force shall consist of the following members:
96.24 	(1) two sheriffs recommended members appointed by the Minnesota Sheriffs 
96.25 	Association, at least one of whom must be a sheriff;
96.26 	(2) two police chiefs recommended members appointed by the Minnesota Chiefs of 
96.27 	Police Association, at least one of whom must be a chief of police;
96.28 	(3) two county attorneys recommended members appointed by the Minnesota 
96.29 	County Attorneys Association, at least one of whom must be a county attorney;
96.30 	(4) two city attorneys recommended members appointed by the Minnesota League 
96.31 	of Cities representing the interests of city attorneys, at least one of whom must be a city 
96.32 	attorney;
97.1 	(5) two public defenders members appointed by the Board of Public Defense, at least 
97.2 	one of whom must be a public defender;
97.3 	(6) two district judges appointed by the Judicial Council, one of whom is currently 
97.4 	assigned to the juvenile court at least one of whom has experience dealing with juvenile 
97.5 	court matters;
97.6 	(7) two community corrections administrators recommended appointed by the 
97.7 	Minnesota Association of Counties, representing the interests of local corrections, at least
97.8 	one of whom represents a community corrections act county;
97.9 	(8) two probation officers appointed by the commissioner of corrections in 
97.10 	consultation with the president of the Minnesota Association of Community Corrections 
97.11 	Act Counties and the president of the Minnesota Association of County Probation Officers;
97.12 	(9) four public members appointed by the governor for a term of six years, one of 
97.13 	whom has been a victim of crime represents the interests of victims, and two who of whom
97.14 	are representatives of the private business community who have expertise in integrated 
97.15 	information systems and who for the purpose of meetings of the full task force may be 
97.16 	compensated pursuant to section 15.059;
97.17 	(10) two court administrators members appointed by the Minnesota Association for 
97.18 	Court Management, at least one of whom must be a court administrator;
97.19 	(11) one member of the house of representatives appointed by the speaker of the 
97.20 	house, or an alternate who is also a member of the house, appointed by the speaker 
97.21 	of the house;
97.22 	(12) one member of the senate appointed by the majority leader, or an alternate who 
97.23 	is also a member of the senate, appointed by the majority leader of the senate;
97.24 	(13) one member appointed by the attorney general or a designee;
97.25 	(14) two individuals recommended elected officials appointed by the Minnesota 
97.26 	League of Cities, one of whom works or resides in greater Minnesota and one of whom 
97.27 	works or resides in the seven-county metropolitan area;
97.28 	(15) two individuals recommended elected officials appointed by the Minnesota 
97.29 	Association of Counties, one of whom works or resides in greater Minnesota and one of 
97.30 	whom works or resides in the seven-county metropolitan area;
97.31 	(16) the director of the Sentencing Guidelines Commission or a designee;
97.32 	(17) one member appointed by the state chief information officer;
97.33 	(18) one member appointed by the commissioner of public safety;
97.34 	(19) one member appointed by the commissioner of corrections;
97.35 	(20) one member appointed by the commissioner of administration; and
97.36 	(21) one member appointed by the chief justice of the Supreme Court.
98.1 	(b) In making these appointments, the appointing authority shall select members 
98.2 	with expertise in integrated data systems or best practices.
98.3 	(c) The commissioner of public safety may appoint additional, nonvoting members 
98.4 	to the task force as necessary from time to time.

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

98.6 	Sec. 9. Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
98.7 		Subd. 5.Review of funding and grant requests. (a) The Criminal and Juvenile 
98.8 	Justice Information Policy Group shall review the funding requests for criminal justice 
98.9 	information systems from state, county, and municipal government agencies. The policy 
98.10 	group shall review the requests for compatibility to statewide criminal justice information 
98.11 	system standards. The review shall be forwarded to the chairs and ranking minority 
98.12 	members of the house and senate committees and divisions with jurisdiction over criminal 
98.13 	justice funding and policy.
98.14 	(b) The CriMNet program office, in consultation with the Criminal and Juvenile 
98.15 	Justice Information Task Force and with the approval of the policy group, shall create 
98.16 	the requirements for any grant request and determine the integration priorities for the 
98.17 	grant period. The CriMNet program office shall also review the requests submitted for 
98.18 	compatibility to statewide criminal justice information systems standards.
98.19 	(c) The task force shall review funding requests for criminal justice information 
98.20 	systems grants and make recommendations to the policy group. The policy group shall 
98.21 	review the recommendations of the task force and shall make a final recommendation 
98.22 	for criminal justice information systems grants to be made by the commissioner of 
98.23 	public safety. Within the limits of available state appropriations and federal grants, the 
98.24 	commissioner of public safety shall make grants for projects that have been recommended 
98.25 	by the policy group.
98.26 	(d) The policy group may approve grants only if the applicant provides an 
98.27 	appropriate share of matching funds as determined by the policy group to help pay up to 
98.28 	one-half of the costs of the grant request. The matching requirement must be constant for 
98.29 	all counties applicants within each grant offering. The policy group shall adopt policies 
98.30 	concerning the use of in-kind resources to satisfy the match requirement and the sources 
98.31 	from which matching funds may be obtained. Local operational or technology staffing 
98.32 	costs may be considered as meeting this match requirement. Each grant recipient shall 
98.33 	certify to the policy group that it has not reduced funds from local, county, federal, or 
98.34 	other sources which, in the absence of the grant, would have been made available to the 
98.35 	grant recipient to improve or integrate criminal justice technology.
99.1 	(e) All grant recipients shall submit to the CriMNet program office all requested 
99.2 	documentation including grant status, financial reports, and a final report evaluating how 
99.3 	the grant funds improved the agency's criminal justice integration priorities. The CriMNet 
99.4 	program office shall establish the recipient's reporting dates at the time funds are awarded.

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

99.6 	Sec. 10. [299F.850] CIGARETTE FIRE SAFETY DEFINITIONS.
99.7 		Subdivision 1.Scope. The terms used in sections 299F.850 to 299F.859 have the 
99.8 	meanings given them in this section.
99.9 		Subd. 2.Agent. "Agent" means any person licensed by the commissioner of 
99.10 	revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
99.11 		Subd. 3.Cigarette. "Cigarette" means any roll for smoking made wholly or in part 
99.12 	of tobacco, the wrapper or cover of which is made of paper or any other substance or 
99.13 	material except tobacco.
99.14 		Subd. 4.Manufacturer. "Manufacturer" means:
99.15 	(1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes 
99.16 	to be manufactured or produced anywhere that the manufacturer intends to be sold in the 
99.17 	state, including cigarettes intended to be sold in the United States through an importer;
99.18 	(2) the first purchaser anywhere that intends to resell in the United States cigarettes 
99.19 	manufactured anywhere that the original manufacturer or maker does not intend to be sold 
99.20 	in the United States; or
99.21 	(3) any entity that becomes a successor of an entity described in clause (1) or (2).
99.22 		Subd. 5.Quality control and quality assurance program. "Quality control and 
99.23 	quality assurance program" means the laboratory procedures implemented to ensure that 
99.24 	operator bias, systematic and nonsystematic methodological errors, and equipment-related 
99.25 	problems do not affect the results of the testing. This program ensures that the testing 
99.26 	repeatability remains within the required repeatability values stated in section 299F.851, 
99.27 	subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with 
99.28 	sections 299F.850 to 299F.859.
99.29 		Subd. 6.Repeatability. "Repeatability" means the range of values within which the 
99.30 	repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
99.31 		Subd. 7.Retail dealer. "Retail dealer" means any person, other than a wholesale 
99.32 	dealer, engaged in selling cigarettes or tobacco products.
99.33 		Subd. 8.Sale. "Sale" means any transfer of title or possession or both, exchange 
99.34 	or barter, conditional or otherwise, in any manner or by any means whatever or any 
99.35 	agreement therefore. In addition to cash and credit sales, the giving of cigarettes as 
100.1 	samples, prizes, or gifts and the exchanging of cigarettes for any consideration other 
100.2 	than money, are considered sales.
100.3 		Subd. 9.Sell. "Sell" means to make a sale or to offer or agree to make a sale.
100.4 		Subd. 10.Wholesale dealer. "Wholesale dealer" means any person who (1) sells 
100.5 	cigarettes or tobacco products to retail dealers or other persons for purposes of resale 
100.6 	or (2) owns, operates, or maintains one or more cigarette or tobacco product vending 
100.7 	machines in, at, or upon premises owned or occupied by any other person.

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

100.10 	Sec. 11. [299F.851] TEST METHOD AND PERFORMANCE STANDARD.
100.11 		Subdivision 1.Requirements. (a) Except as provided in this subdivision, no 
100.12 	cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons 
100.13 	located in this state unless (1) the cigarettes have been tested in accordance with the test 
100.14 	method and have met the performance standard specified in this section, (2) a written 
100.15 	certification has been filed by the manufacturer with the state fire marshal in accordance 
100.16 	with section 299F.852, and (3) the cigarettes have been marked in accordance with section 
100.17 	299F.853.
100.18 	(b) Testing of cigarettes must be conducted in accordance with the American 
100.19 	Society of Testing and Materials (ASTM) Standard E2187-04, "Standard Test Method for 
100.20 	Measuring the Ignition Strength of Cigarettes."
100.21 	(c) Testing must be conducted on ten layers of filter paper.
100.22 	(d) No more than 25 percent of the cigarettes tested in a test trial in accordance 
100.23 	with this section may exhibit full-length burns. Forty replicate tests comprise a complete 
100.24 	test trial for each cigarette tested.
100.25 	(e) The performance standard required by this subdivision must only be applied to a 
100.26 	complete test trial.
100.27 	(f) Written certifications must be based upon testing conducted by a laboratory that 
100.28 	has been accredited pursuant to standard ISO/IEC 17025 of the International Organization 
100.29 	for Standardization (ISO), or other comparable accreditation standard required by the 
100.30 	state fire marshal.
100.31 	(g) Laboratories conducting testing in accordance with this section shall implement a 
100.32 	quality control and quality assurance program that includes a procedure that will determine 
100.33 	the repeatability of the testing results. The repeatability value must be no greater than 0.19.
100.34 	(h) This subdivision does not require additional testing if cigarettes are tested 
100.35 	consistent with sections 299F.850 to 299F.859 for any other purpose.
101.1 	(i) Testing performed or sponsored by the state fire marshal to determine a cigarette's 
101.2 	compliance with the performance standard required must be conducted in accordance 
101.3 	with this section.
101.4 		Subd. 2.Permeability bands. Each cigarette listed in a certification submitted 
101.5 	pursuant to section 299F.852 that uses lowered permeability bands in the cigarette paper 
101.6 	to achieve compliance with the performance standard set forth in this section must have 
101.7 	at least two nominally identical bands on the paper surrounding the tobacco column. At 
101.8 	least one complete band must be located at least 15 millimeters from the lighting end of 
101.9 	the cigarette. For cigarettes on which the bands are positioned by design, there must 
101.10 	be at least two bands fully located at least 15 millimeters from the lighting end and ten 
101.11 	millimeters from the filter end of the tobacco column, or ten millimeters from the labeled 
101.12 	end of the tobacco column for nonfiltered cigarettes.
101.13 		Subd. 3.Equivalent test methods. A manufacturer of a cigarette that the state 
101.14 	fire marshal determines cannot be tested in accordance with the test method prescribed 
101.15 	in subdivision 1, paragraph (b), shall propose a test method and performance standard 
101.16 	for the cigarette to the state fire marshal. Upon approval of the proposed test method 
101.17 	and a determination by the state fire marshal that the performance standard proposed by 
101.18 	the manufacturer is equivalent to the performance standard prescribed in subdivision 1, 
101.19 	paragraph (d), the manufacturer may employ such test method and performance standard 
101.20 	to certify the cigarette pursuant to section 299F.852. If the state fire marshal determines 
101.21 	that another state has enacted reduced cigarette ignition propensity standards that include 
101.22 	a test method and performance standard that are the same as those contained in this 
101.23 	subdivision, and the state fire marshal finds that the officials responsible for implementing 
101.24 	those requirements have approved the proposed alternative test method and performance 
101.25 	standard for a particular cigarette proposed by a manufacturer as meeting the fire safety 
101.26 	standards of that state's law or regulation under a legal provision comparable to this 
101.27 	subdivision, then the state fire marshal shall authorize that manufacturer to employ the 
101.28 	alternative test method and performance standard to certify that cigarette for sale in this 
101.29 	state, unless the state fire marshal demonstrates a reasonable basis why the alternative 
101.30 	test should not be accepted under sections 299F.850 to 299F.859. All other applicable 
101.31 	requirements of this section apply to the manufacturer.
101.32 		Subd. 4.Civil penalty. Each manufacturer shall maintain copies of the reports of all 
101.33 	tests conducted on all cigarettes offered for sale for a period of three years, and shall make 
101.34 	copies of these reports available to the state fire marshal and the attorney general upon 
101.35 	written request. Any manufacturer who fails to make copies of these reports available 
101.36 	within 60 days of receiving a written request is subject to a civil penalty not to exceed 
102.1 	$10,000 for each day after the 60th day that the manufacturer does not make such copies 
102.2 	available.
102.3 		Subd. 5.Future ASTM Standards. The state fire marshal may, by written order 
102.4 	published in the State Register, adopt a subsequent ASTM Standard Test Method for 
102.5 	Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method 
102.6 	does not result in a change in the percentage of full-length burns exhibited by any tested 
102.7 	cigarette when compared to the percentage of full-length burns the same cigarette would 
102.8 	exhibit when tested in accordance with ASTM Standard E2187-04 and the performance 
102.9 	standard in subdivision 1, paragraph (d). A determination by the state fire marshal under 
102.10 	this subdivision is exempt from the rulemaking provisions of chapter 14, and section 
102.11 	14.386 does not apply.
102.12 		Subd. 6.Report to legislature. The state fire marshal shall review the effectiveness 
102.13 	of this section and report findings every three years to the legislature and, if appropriate, 
102.14 	make recommendations for legislation to improve the effectiveness of this section. The 
102.15 	report and legislative recommendations must be submitted no later than January 2 of each 
102.16 	three-year period.
102.17 		Subd. 7.Inventory before state standards. The requirements of subdivision 1 do 
102.18 	not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes 
102.19 	on or after the effective date of this section if the wholesale or retail dealer can establish 
102.20 	that state tax stamps were affixed to the cigarettes before the effective date of this section, 
102.21 	and if the wholesale or retail dealer can establish that the inventory was purchased before 
102.22 	the effective date of this section in comparable quantity to the inventory purchased during 
102.23 	the same period of the previous year.
102.24 		Subd. 8.Implementation. This section must be implemented in accordance with 
102.25 	the implementation and substance of the New York "Fire Safety Standards for Cigarettes."

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

102.28 	Sec. 12. [299F.852] CERTIFICATION AND PRODUCT CHANGE.
102.29 		Subdivision 1.Attestation. Each manufacturer shall submit to the state fire marshal 
102.30 	a written certification attesting that each cigarette listed in the certification:
102.31 	(1) has been tested in accordance with section 299F.851; and
102.32 	(2) meets the performance standard set forth in section 299F.851, subdivision 1, 
102.33 	paragraph (d).
102.34 		Subd. 2.Description. Each cigarette listed in the certification must be described 
102.35 	with the following information:
103.1 	(1) brand or trade name on the package;
103.2 	(2) style, such as light or ultra light;
103.3 	(3) length in millimeters;
103.4 	(4) circumference in millimeters;
103.5 	(5) flavor, such as menthol or chocolate, if applicable;
103.6 	(6) filter or nonfilter;
103.7 	(7) package description, such as soft pack or box;
103.8 	(8) marking approved in accordance with section 299F.853;
103.9 	(9) the name, address, and telephone number of the laboratory, if different than the 
103.10 	manufacturer that conducted the test; and
103.11 	(10) the date that the testing occurred.
103.12 		Subd. 3.Information availability. The certifications must be made available to the 
103.13 	attorney general for purposes consistent with this section and the commissioner of revenue 
103.14 	for the purposes of ensuring compliance with this subdivision.
103.15 		Subd. 4.Recertification. Each cigarette certified under this subdivision must be 
103.16 	recertified every three years.
103.17 		Subd. 5.Fee. For each cigarette listed in a certification, a manufacturer shall pay 
103.18 	to the state fire marshal a $250 fee, to be deposited in the reduced cigarette ignition 
103.19 	propensity account described in section 299F.857.
103.20 		Subd. 6.Retesting. If a manufacturer has certified a cigarette pursuant to this 
103.21 	section, and thereafter makes any change to the cigarette that is likely to alter its 
103.22 	compliance with the reduced cigarette ignition propensity standards required by sections 
103.23 	299F.850 to 299F.859, that cigarette must not be sold or offered for sale in this state 
103.24 	until the manufacturer retests the cigarette in accordance with the testing standards set 
103.25 	forth in section 299F.851 and maintains records of that retesting as required by section 
103.26 	299F.851. Any altered cigarette that does not meet the performance standard set forth in 
103.27 	section 299F.851 may not be sold in this state.

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

103.30 	Sec. 13. [299F.853] MARKING AND CIGARETTE PACKAGING.
103.31 	(a) Cigarettes that are certified by a manufacturer in accordance with section 
103.32 	299F.852 must be marked to indicate compliance with the requirements of section 
103.33 	299F.851. The marking must be in eight-point type or larger and consist of:
103.34 	(1) modification of the product UPC code to include a visible mark printed at 
103.35 	or around the area of the UPC code, which may consist of alphanumeric or symbolic 
104.1 	characters permanently stamped, engraved, embossed, or printed in conjunction with 
104.2 	the UPC;
104.3 	(2) any visible combination of alphanumeric or symbolic characters permanently 
104.4 	stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
104.5 	(3) printed, stamped, engraved, or embossed text that indicates that the cigarettes 
104.6 	meet the standards of sections 299F.850 to 299F.859.
104.7 	(b) A manufacturer shall use only one marking and shall apply this marking 
104.8 	uniformly for all brands marketed by that manufacturer and all packages, including but 
104.9 	not limited to packs, cartons, and cases.
104.10 	(c) The state fire marshal must be notified as to the marking that is selected.
104.11 	(d) Prior to the certification of any cigarette, a manufacturer shall present its 
104.12 	proposed marking to the state fire marshal for approval. Upon receipt of the request, 
104.13 	the state fire marshal shall approve or disapprove the marking offered, except that the 
104.14 	state fire marshal shall approve any marking in use and approved for sale in New York 
104.15 	pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings 
104.16 	are deemed approved if the state fire marshal fails to act within ten business days of 
104.17 	receiving a request for approval.
104.18 	(e) No manufacturer shall modify its approved marking unless the modification has 
104.19 	been approved by the state fire marshal in accordance with this section.
104.20 	(f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall 
104.21 	provide a copy of the certifications to all wholesale dealers and agents to which they sell 
104.22 	cigarettes, and shall also provide sufficient copies of an illustration of the package marking 
104.23 	utilized by the manufacturer pursuant to this section for each retail dealer to which the 
104.24 	wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a 
104.25 	copy of these package markings received from manufacturers to all retail dealers to whom 
104.26 	they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire 
104.27 	marshal, the commissioner of revenue, the attorney general, and their employees to inspect 
104.28 	markings of cigarette packaging marked in accordance with this section.

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

104.31 	Sec. 14. [299F.854] PENALTIES AND REMEDIES.
104.32 		Subdivision 1.Wholesale. (a) A manufacturer, wholesale dealer, agent, or any other 
104.33 	person or entity who knowingly sells or offers to sell cigarettes, other than through retail 
104.34 	sale, in violation of section 299F.851 is liable to a civil penalty:
104.35 	(1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
105.1 	(2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
105.2 	(b) However, the penalty against any such person or entity for a violation under 
105.3 	paragraph (a) must not exceed $100,000 during any 30-day period.
105.4 		Subd. 2.Retail. (a) A retail dealer who knowingly sells cigarettes in violation of 
105.5 	section 299F.851 is liable to a civil penalty for a first offense, not to exceed:
105.6 	(1) $500, and for a subsequent offense, not to exceed $2,000, per each sale or offer 
105.7 	for sale of such cigarettes, if the total number sold or offered for sale does not exceed 
105.8 	1,000 cigarettes; or
105.9 	(2) $1,000, and for a subsequent offense, not to exceed $5,000, per each sale or 
105.10 	offer for sale of such cigarettes, if the total number sold or offered for sale exceeds 1,000 
105.11 	cigarettes.
105.12 	(b) However, the penalty against any retail dealer must not exceed $25,000 during 
105.13 	any 30-day period.
105.14 		Subd. 3.False certification. In addition to any penalty prescribed by law, any 
105.15 	corporation, partnership, sole proprietor, limited partnership, or association engaged in 
105.16 	the manufacture of cigarettes that knowingly makes a false certification pursuant to this 
105.17 	subdivision is, for a first offense, liable to a civil penalty of at least $75,000, and for a 
105.18 	subsequent offense a civil penalty not to exceed $250,000 for each false certification.
105.19 		Subd. 4.Violation of other provision. Any person violating any other provision 
105.20 	in sections 299F.850 to 299F.859 is liable to a civil penalty for a first offense not to 
105.21 	exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for 
105.22 	each violation.
105.23 		Subd. 5.Forfeiture. Cigarettes that have been sold or offered for sale that do 
105.24 	not comply with the performance standard required by section 299F.851 are subject to 
105.25 	forfeiture under section 297F.21 and, upon judgment of forfeiture, shall be destroyed; 
105.26 	provided, however, that before destroying any cigarettes seized in accordance with section 
105.27 	297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the 
105.28 	cigarette brand must be permitted to inspect the cigarette.
105.29 		Subd. 6.Remedies. In addition to any other remedy provided by law, the state fire 
105.30 	marshal or attorney general may institute a civil action in district court for a violation of 
105.31 	this section, including petitioning for injunctive relief or to recover any costs or damages 
105.32 	suffered by the state because of a violation under this section, including enforcement costs 
105.33 	relating to the specific violation and attorney fees. Each violation of sections 299F.850 to 
105.34 	299F.859 or of rules adopted under sections 299F.850 to 299F.859 constitutes a separate 
105.35 	civil violation for which the state fire marshal or attorney general may obtain relief.

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

106.3 	Sec. 15. [299F.855] IMPLEMENTATION.
106.4 		Subdivision 1.Rules. The commissioner of public safety, in consultation with the 
106.5 	state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the 
106.6 	purposes of sections 299F.850 to 299F.859.
106.7 		Subd. 2.Commissioner of revenue. The commissioner of revenue in the regular 
106.8 	course of conducting inspections of wholesale dealers, agents, and retail dealers, as 
106.9 	authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are 
106.10 	marked as required by section 299F.853. If the cigarettes are not marked as required, the 
106.11 	commissioner of revenue shall notify the state fire marshal.

106.12 	EFFECTIVE DATE. Subdivision 1 is effective the day following final enactment. 
106.13 	Subdivision 2 is effective the first day of the 19th month following the date of its final 
106.14 	enactment.

106.15 	Sec. 16. [299F.856] INSPECTION.
106.16 	To enforce sections 299F.850 to 299F.859, the attorney general and the state fire 
106.17 	marshal may examine the books, papers, invoices, and other records of any person in 
106.18 	possession, control, or occupancy of any premises where cigarettes are placed, stored, 
106.19 	sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in 
106.20 	the possession, control, or occupancy of any premises where cigarettes are placed, sold, 
106.21 	or offered for sale is hereby directed and required to give the attorney general and the 
106.22 	state fire marshal the means, facilities, and opportunity for the examinations authorized 
106.23 	by this section.

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

106.26 	Sec. 17. [299F.857] REDUCED CIGARETTE IGNITION PROPENSITY 
106.27 	ACCOUNT.
106.28 	The reduced cigarette ignition propensity account is established in the state treasury. 
106.29 	The account consists of all money recovered as penalties under section 299F.854 and fees 
106.30 	collected under section 299F.852, subdivision 5. The money must be deposited to the 
106.31 	credit of the account and, in addition to any other money made available for such purpose, 
107.1 	is appropriated to the state fire marshal for costs associated with sections 299F.850 to 
107.2 	299F.859.

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

107.5 	Sec. 18. [299F.858] SALE OUTSIDE OF MINNESOTA.
107.6 	Sections 299F.850 to 299F.859 do not prohibit any person or entity from 
107.7 	manufacturing or selling cigarettes that do not meet the requirements of section 299F.851 
107.8 	if the cigarettes are or will be stamped for sale in another state or are packaged for sale 
107.9 	outside the United States and that person or entity has taken reasonable steps to ensure 
107.10 	that such cigarettes will not be sold or offered for sale to persons located in Minnesota.

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

107.13 	Sec. 19. [299F.859] LOCAL REGULATION.
107.14 	Notwithstanding any other provision of law, the local governmental units of this state 
107.15 	may neither enact nor enforce any ordinance or other local law or regulation conflicting 
107.16 	with, or preempted by, any provision of sections 299F.850 to 299F.858 or with any policy 
107.17 	of this state expressed by sections 299F.850 to 299F.858, whether that policy be expressed 
107.18 	by inclusion of a provision in sections 299F.850 to 299F.858 or by exclusion of that 
107.19 	subject from sections 299F.850 to 299F.858.

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

107.22 	Sec. 20. Minnesota Statutes 2006, section 299N.02, subdivision 3, is amended to read:
107.23 		Subd. 3.Powers and duties. (a) The board shall:
107.24 	(1) review fire service training needs and make recommendations on training to 
107.25 	Minnesota fire service organizations;
107.26 	(2) establish standards for educational programs for the fire service and develop 
107.27 	procedures for continuing oversight of the programs; and
107.28 	(3) establish qualifications for fire service training instructors in programs 
107.29 	established under clause (2).
107.30 	(b) The board may:
107.31 	(1) hire or contract for technical or professional services according to section 15.061;
107.32 	(2) pay expenses necessary to carry out its duties;
108.1 	(3) apply for, receive, and accept grants, gifts, devises, and endowments that any 
108.2 	entity may make to the board for the purposes of this chapter and may use any money 
108.3 	given to it consistent with the terms and conditions under which the money was received 
108.4 	and for the purposes stated;
108.5 	(4) make recommendations to the legislature to improve the quality of firefighter 
108.6 	training;
108.7 	(5) collect and provide data, subject to section 13.03;
108.8 	(6) conduct studies and surveys and make reports; and
108.9 	(7) conduct other activities necessary to carry out its duties.

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

108.11 	Sec. 21. Minnesota Statutes 2006, section 325E.21, is amended to read:
108.12 	325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS 
108.13 	AND, REPORTS, AND REGISTRATION.
108.14 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in 
108.15 	this subdivision have the meanings given.
108.16 	(b) "Law enforcement agency" or "agency" means a duly authorized municipal, 
108.17 	county, state, or federal law enforcement agency.
108.18 	(c) "Person" means an individual, partnership, limited partnership, limited liability 
108.19 	company, corporation, or other entity.
108.20 	(d) "Scrap metal" means:
108.21 	(1) wire and cable commonly and customarily used by communication and electric 
108.22 	utilities; and
108.23 	(2) copper, aluminum, or any other metal purchased primarily for its reuse or 
108.24 	recycling value as raw metal, including metal that is combined with other materials 
108.25 	at the time of purchase.
108.26 	(e) "Scrap metal dealer" or "dealer" means a person engaged in the business of 
108.27 	buying or selling scrap metal, or both, but does not include a person engaged exclusively 
108.28 	in the business of buying or selling new or used motor vehicles or motor vehicle parts, 
108.29 	paper or wood products, rags or furniture, or secondhand machinery.
108.30 		Subdivision 1. Subd. 1a.Purchase or acquisition record required. (a) Every 
108.31 	person, firm or corporation scrap metal dealer, including an agent, employee, or 
108.32 	representative thereof of the dealer, engaging in the business of buying and selling wire 
108.33 	and cable commonly and customarily used by communication and electric utilities shall 
109.1 	keep a written record, in the English language, legibly written in ink or typewriting, at the 
109.2 	time of each purchase or acquisition, of scrap metal. The record must include:
109.3 	(1) an accurate account or description, including the weight if customarily purchased 
109.4 	by weight, of such wire and cable commonly and customarily used by communication and 
109.5 	electric utilities the scrap metal purchased or acquired,;
109.6 	(2) the date, time, and place of the receipt of the same, scrap metal purchased or 
109.7 	acquired;
109.8 	(3) the name and address of the person selling or delivering the same and scrap metal;
109.9 	(4) the number of the check or electronic transfer used to purchase the scrap metal;
109.10 	(5) the number of the seller's or deliverer's driver's license of such person, Minnesota 
109.11 	identification card number, or other identification document number of an identification 
109.12 	document issued for identification purposes by any state, federal, or foreign government if 
109.13 	the document includes the person's photograph, full name, birth date, and signature; and
109.14 	(6) the license plate number and description of the vehicle used by the person when 
109.15 	delivering the scrap metal, and any identifying marks on the vehicle, such as a business 
109.16 	name, decals, or markings, if applicable. 
109.17 	Such (b) The record, as well as such wire and cable commonly and customarily used 
109.18 	by communication and electric utilities the scrap metal purchased or received, shall at all 
109.19 	reasonable times be open to the inspection of any sheriff or deputy sheriff of the county, 
109.20 	or of any police officer in any incorporated city or statutory city, in which such business 
109.21 	may be carried on law enforcement agency. 
109.22 	Such person shall not be(c) No record is required to furnish or keep such record 
109.23 	of anyfor property purchased from merchants, manufacturers or wholesale dealers, 
109.24 	having an established place of business, or of any goods purchased at open sale from any 
109.25 	bankrupt stock, but a bill of sale or other evidence of open or legitimate purchase of 
109.26 	such the property shall be obtained and kept by such the person, which must be shown 
109.27 	upon demand to the sheriff or deputy sheriff of the county, or to any police officer in 
109.28 	any incorporated city or statutory city, in which such business may be carried on. The 
109.29 	provisions of this subdivision and of subdivision 2 shall not apply to or include any 
109.30 	person, firm or corporation engaged exclusively in the business of buying or selling motor 
109.31 	vehicles, new or used, paper or wood products, rags or furniture, secondhand machinery
109.32 	any law enforcement agency.
109.33 	(d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's 
109.34 	agent, employee, or representative may not disclose personal information concerning a 
109.35 	customer without the customer's consent unless the disclosure is made in response to a 
109.36 	request from a law enforcement agency. A scrap metal dealer must implement reasonable 
110.1 	safeguards to protect the security of the personal information and prevent unauthorized 
110.2 	access to or disclosure of the information. For purposes of this paragraph, "personal 
110.3 	information" is any individually identifiable information gathered in connection with a 
110.4 	record under paragraph (a).
110.5 		Subd. 2.Sheriff's copy of record required. It shall be the duty of every such 
110.6 	person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or 
110.7 	mail to the office of the sheriff of the county in which business is conducted, not later than 
110.8 	the second business day of each week, a legible and correct copy of the record required 
110.9 	in subdivision 1 of the entries during the preceding week. In the event such person, firm 
110.10 	or corporation has not made any purchases or acquisitions required to be recorded under 
110.11 	subdivision 1 hereof during the preceding week no report need be submitted to the sheriff 
110.12 	under this subdivision.
110.13 		Subd. 3. 2.Retention required. Records required to be maintained by subdivision 
110.14 	1 hereof 1a shall be retained by the person making themscrap metal dealer for a period 
110.15 	of three years.
110.16 		Subd. 3.Payment by check or electronic transfer required. A scrap metal dealer 
110.17 	or the dealer's agent, employee, or representative shall pay for all scrap metal purchases 
110.18 	only by check or electronic transfer.
110.19 		Subd. 4.Registration required. (a) Every scrap metal dealer shall register with 
110.20 	and participate in the criminal alert network described in section 299A.61. The dealer 
110.21 	shall ensure that the dealer's system for receiving incoming notices from the network is 
110.22 	in proper working order and ready to receive incoming notices. The dealer shall check 
110.23 	the system for incoming notices twice each day the business is open, once upon opening 
110.24 	and then again before closing. The dealer shall inform all employees involved in the 
110.25 	purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type 
110.26 	that might be conceivably sold to the dealer. In addition, the dealer shall post copies of the 
110.27 	alerts in a conspicuous location.
110.28 	(b) The scrap metal dealer shall pay to the commissioner of public safety a $50 
110.29 	annual fee to participate in the criminal alert network and for the educational materials 
110.30 	described in section 299C.25.
110.31 	(c) The commissioner shall notify the scrap metal dealer if a message sent to the 
110.32 	dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's 
110.33 	system. The dealer shall take action necessary to ensure that future messages are received.
110.34 		Subd. 5.Training. Each scrap metal dealer shall review the educational materials 
110.35 	provided by the superintendent of the Bureau of Criminal Apprehension under section 
110.36 	299C.25 and ensure that all employees do so as well.
111.1 		Subd. 6.Criminal penalty. A scrap metal dealer, or the agent, employee, or 
111.2 	representative of the dealer, who intentionally violates a provision of this section, is guilty 
111.3 	of a misdemeanor. 
111.4 		Subd. 7.Exemption. A scrap metal dealer may purchase aluminum cans without 
111.5 	complying with this section.
111.6 		Subd. 8.Property held by law enforcement. (a) Whenever a law enforcement 
111.7 	official from any agency has probable cause to believe that property in the possession of 
111.8 	a scrap metal dealer is stolen or is evidence of a crime and notifies the dealer not to sell 
111.9 	the item, the item may not be sold or removed from the premises. This investigative hold 
111.10 	remains in effect for 90 days from the date of initial notification, or until it is canceled or a 
111.11 	seizure order is issued, whichever comes first.
111.12 	(b) If an item is identified as stolen or evidence in a criminal case, the law 
111.13 	enforcement official may:
111.14 	(1) physically seize and remove it from the dealer, pursuant to a written order from 
111.15 	the law enforcement official; or
111.16 	(2) place the item on hold or extend the hold as provided in this section and leave 
111.17 	it in the shop.
111.18 	(c) When an item is seized, the person doing so shall provide identification upon 
111.19 	request of the dealer, and shall provide the dealer the name and telephone number of the 
111.20 	seizing agency and investigator, and the case number related to the seizure.
111.21 	(d) A dealer may request seized property be returned in accordance with section 
111.22 	626.04.
111.23 	(e) When an order to hold or seize is no longer necessary, the law enforcement 
111.24 	official shall so notify the dealer.
111.25 		Subd. 9.Video security cameras required. (a) Each scrap metal dealer shall install 
111.26 	and maintain at each location video surveillance cameras, still digital cameras, or similar 
111.27 	devices positioned to record or photograph a frontal view showing the face of each seller 
111.28 	or prospective seller of scrap metal who enters the location. The scrap metal dealer shall 
111.29 	also photograph the seller's or prospective seller's vehicle, including license plate, either 
111.30 	by video camera or still digital camera, so that an accurate and complete description of 
111.31 	it may be obtained from the recordings made by the cameras. The video camera or still 
111.32 	digital camera must be kept in operating condition. The camera must record and display 
111.33 	the accurate date and time. The video camera must be turned on at all times when the 
111.34 	location is open for business and at any other time when scrap metal is purchased.
112.1 	(b) If the scrap metal dealer does not purchase some or any scrap metal at a specific 
112.2 	business location, the dealer need not comply with this subdivision with respect to those 
112.3 	purchases.

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

112.6 	Sec. 22. REPEAL BY PREEMPTION.
 112.7 	Minnesota Statutes, sections 299F.850 to 299F.859, are repealed if a federal reduced 
112.8 	cigarette ignition propensity standard that preempts these sections is adopted and becomes 
112.9 	effective.

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

112.11 	Sec. 23. COLLATERAL SANCTIONS COMMITTEE.
 112.12 		Subdivision 1.Establishment; duties. The Collateral Sanctions Committee shall 
112.13 	study issues related to collateral sanctions. Specifically, the committee shall study how 
112.14 	collateral sanctions are addressed in other states and determine best practices on this. 
112.15 	In addition, the committee shall study issues relating to how criminal convictions and 
112.16 	adjudications affect an individual's employment and professional licensing opportunities 
112.17 	in Minnesota. The committee shall consider the policy implications of providing a 
112.18 	process to allow individuals currently prohibited from certain types of employment or 
112.19 	professional licensing because of a criminal record to seek a waiver. The committee shall 
112.20 	make recommendations on changes in law and policy it deems appropriate in this area. 
112.21 	By January 15, 2008, the committee shall report its findings and recommendations to the 
112.22 	chairs and ranking minority members of the committees having jurisdiction over criminal 
112.23 	justice policy in the senate and house of representatives.
112.24 		Subd. 2.Resources. The Sentencing Guidelines Commission shall provide technical 
112.25 	and research assistance to the committee, with the assistance of the commissioner of 
112.26 	public safety and the commissioner of corrections.
112.27 		Subd. 3.Membership. The committee consists of the following:
112.28 	(1) the executive director of the Sentencing Guidelines Commission, who shall serve 
112.29 	as the committee's chair and convening authority;
112.30 	(2) the commissioner of public safety, or designee;
112.31 	(3) the commissioner of corrections, or designee;
112.32 	(4) the attorney general, or designee;
112.33 	(5) the state public defender, or designee;
113.1 	(6) a crime victim's advocate, appointed by the commissioner of public safety;
113.2 	(7) a county attorney, appointed by the Minnesota County Attorneys Association;
113.3 	(8) a city attorney, appointed by the League of Minnesota Cities;
113.4 	(9) a district court judge, appointed by the Judicial Council;
113.5 	(10) a private criminal defense attorney, appointed by the Minnesota Association of 
113.6 	Criminal Defense Lawyers;
113.7 	(11) a probation officer, appointed by the Minnesota Association of County 
113.8 	Probation Officers;
113.9 	(12) two peace officers, one appointed by the Minnesota Sheriffs' Association and 
113.10 	the other appointed by the Minnesota Chiefs of Police Association;
113.11 	(13) two members with knowledge of housing issues, one of whom is a landlord and 
113.12 	the other a tenant, appointed by the commissioner of public safety;
113.13 	(14) a member from the employment industry, appointed by the commissioner of 
113.14 	public safety;
113.15 	(15) a member from a community crime prevention organization, appointed by the 
113.16 	commissioner of public safety;
113.17 	(16) a member from a community of color, appointed by the commissioner of 
113.18 	public safety;
113.19 	(17) a member who is an ex-criminal offender, appointed by the commissioner of 
113.20 	public safety; and
113.21 	(18) a member from an agency that provides re-entry services to offenders being 
113.22 	released from incarceration, appointed by the commissioner of public safety.
113.23 		Subd. 4.Expenses; expiration. The provisions of Minnesota Statutes, section 
113.24 	15.059, apply to the committee. The committee expires on January 15, 2008.
113.25 		Subd. 5.Definition. As used in this section, "collateral sanctions" has the meaning 
113.26 	given in Minnesota Statutes, section 609B.050, subdivision 1.

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

113.28 	ARTICLE 8
113.29 	EMERGENCY COMMUNICATIONS

113.30 	Section 1. Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
113.31 		Subd. 4.Use of furnished information. (a) Names, addresses, and telephone 
113.32 	numbers provided to a 911 system under subdivision 3 are private data and may be used 
113.33 	only for identifying: (1) to identify the location or identity, or both, of a person calling 
113.34 	a 911 public safety answering point; or (2) by a public safety answering point to notify 
114.1 	the public of an emergency. The information furnished under subdivision 3 may not be 
114.2 	used or disclosed by 911 system agencies, their agents, or their employees for any other 
114.3 	purpose except under a court order.
114.4 	(b) For purposes of this subdivision, "emergency" means a situation in which 
114.5 	property or human life is in jeopardy and the prompt notification of the public by the 
114.6 	public safety answering point is essential.

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

114.8 	Sec. 2. Minnesota Statutes 2006, section 403.07, subdivision 5, is amended to read:
114.9 		Subd. 5.Liability. (a) A wire-line telecommunications service provider, 
114.10 	its employees, or its agents are not liable to any person who uses enhanced 911 
114.11 	telecommunications service for release of subscriber information required under this 
114.12 	chapter to any public safety answering point.
114.13 	(b) A wire-line telecommunications service provider is not liable to any person for 
114.14 	the good faith release to emergency communications personnel of information not in the 
114.15 	public record, including, but not limited to, nonpublished or nonlisted telephone numbers.
114.16 	(c) A wire-line telecommunications service provider, its employees, or its agents are 
114.17 	not liable to any person for civil damages resulting from or caused by any act or omission 
114.18 	in the development, design, installation, operation, maintenance, performance, or provision 
114.19 	of enhanced 911 telecommunications service, except for willful or wanton misconduct.
114.20 	(d) A multiline telephone system manufacturer, provider, or operator is not liable 
114.21 	for any civil damages or penalties as a result of any act or omission, except willful or 
114.22 	wanton misconduct, in connection with developing, designing, installing, maintaining, 
114.23 	performing, provisioning, adopting, operating, or implementing any plan or system 
114.24 	required by section 403.15. 
114.25 	(e) A telecommunications service provider that participates in or cooperates with 
114.26 	the public safety answering point in notifying the public of an emergency, as authorized 
114.27 	under subdivision 4, is immune from liability arising out of the notification except for 
114.28 	willful or wanton misconduct.

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

114.30 	Sec. 3. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
114.31 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each 
114.32 	customer of a wireless or wire-line switched or packet-based telecommunications service 
114.33 	provider connected to the public switched telephone network that furnishes service capable 
115.1 	of originating a 911 emergency telephone call is assessed a fee based upon the number 
115.2 	of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
115.3 	maintenance and related improvements for trunking and central office switching equipment 
115.4 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
115.5 	of the commissioner related to managing the 911 emergency telecommunications service 
115.6 	program, to make distributions provided for in section 403.113, and to offset the costs, 
115.7 	including administrative and staffing costs, incurred by the State Patrol Division of the 
115.8 	Department of Public Safety in handling 911 emergency calls made from wireless phones.
115.9 	(b) Money remaining in the 911 emergency telecommunications service account 
115.10 	after all other obligations are paid must not cancel and is carried forward to subsequent 
115.11 	years and may be appropriated from time to time to the commissioner to provide financial 
115.12 	assistance to counties for the improvement of local emergency telecommunications 
115.13 	services. The improvements may include providing access to 911 service for 
115.14 	telecommunications service subscribers currently without access and upgrading existing 
115.15 	911 service to include automatic number identification, local location identification, 
115.16 	automatic location identification, and other improvements specified in revised county 
115.17 	911 plans approved by the commissioner.
115.18 	(c) The fee may not be less than eight cents nor more than 65 cents a month until 
115.19 	June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 
115.20 	2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and 
115.21 	not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for 
115.22 	each customer access line or other basic access service, including trunk equivalents as 
115.23 	designated by the Public Utilities Commission for access charge purposes and including 
115.24 	wireless telecommunications services. With the approval of the commissioner of finance, 
115.25 	the commissioner of public safety shall establish the amount of the fee within the limits 
115.26 	specified and inform the companies and carriers of the amount to be collected. When the 
115.27 	revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
115.28 	defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
115.29 	no longer needed. The commissioner shall provide companies and carriers a minimum of 
115.30 	45 days' notice of each fee change. The fee must be the same for all customers.
115.31 	(d) The fee must be collected by each wireless or wire-line telecommunications 
115.32 	service provider subject to the fee. Fees are payable to and must be submitted to the 
115.33 	commissioner monthly before the 25th of each month following the month of collection, 
115.34 	except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
115.35 	less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
116.1 	to a 911 emergency telecommunications service account in the special revenue fund. The 
116.2 	money in the account may only be used for 911 telecommunications services.
116.3 	(e) This subdivision does not apply to customers of interexchange carriers.
116.4 	(f) The installation and recurring charges for integrating wireless 911 calls into 
116.5 	enhanced 911 systems are eligible for payment by the commissioner if the 911 service 
116.6 	provider is included in the statewide design plan and the charges are made pursuant to 
116.7 	contract.
116.8 	(g) Competitive local exchanges carriers holding certificates of authority from the 
116.9 	Public Utilities Commission are eligible to receive payment for recurring 911 services.

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

116.11 	Sec. 4. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to 
116.12 	read:
116.13 		Subd. 1a.Fee collection declaration. If the commissioner disputes the 
116.14 	accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or 
116.15 	packet-based telecommunications service provider, the wireless, wire-line, or packet-based 
116.16 	telecommunications service provider shall submit a sworn declaration signed by an officer 
116.17 	of the company certifying, under penalty of perjury, that the information provided with 
116.18 	the fee submission is true and correct. The sworn declaration must specifically describe 
116.19 	and affirm that the 911 fee computation is complete and accurate. When a wireless, 
116.20 	wire-line, or packet-based telecommunications service provider fails to provide a sworn 
116.21 	declaration within 90 days of notice by the commissioner that the fee submission is 
116.22 	disputed, the commissioner may estimate the amount due from the wireless, wire-line, or 
116.23 	packet-based telecommunications service provider and refer that amount for collection 
116.24 	under section 16D.04.

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

116.26 	Sec. 5. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to 
116.27 	read:
116.28 		Subd. 1b.Examination of fees. If the commissioner determines that an examination 
116.29 	is necessary to document the fee submission and sworn declaration in subdivision 1a, the 
116.30 	wireless, wire-line, or packet-based telecommunications service provider must contract 
116.31 	with an independent certified public accountant to conduct an examination of fees. The 
116.32 	examination must be conducted in accordance with attestation audit standards.

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

117.1 	Sec. 6. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
117.2 		Subdivision 1.Allocation of operating costs. The current costs of the board 
117.3 	in implementing the regionwide public safety radio communication plan system and 
117.4 	the first and second phase systems shall be allocated among and paid by the following 
117.5 	users, all in accordance with the regionwide public safety radio system communication 
117.6 	plan adopted by the board:
117.7 	(1) the state of Minnesota for its operations using the system in the metropolitan 
117.8 	counties;
117.9 	(2) all local government units using the system; and
117.10 	(3) other eligible users of the system. (a) The ongoing costs of the commissioner 
117.11 	not otherwise appropriated in operating the statewide public safety radio communication 
117.12 	system shall be allocated among and paid by the following users, all in accordance with 
117.13 	the statewide public safety radio communication system plan under section 403.36:
117.14 	(1) the state of Minnesota for its operations using the system;
117.15 	(2) all local government units using the system; and
117.16 	(3) other eligible users of the system.
117.17 	(b) Each local government and other eligible users of the system shall pay to 
117.18 	the commissioner all sums charged under this section, at the times and in the manner 
117.19 	determined by the commissioner. The governing body of each local government shall 
117.20 	take all action necessary to provide the money required for these payments and to make 
117.21 	the payments when due.

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

117.23 	Sec. 7. REPEALER.
 117.24 	Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.

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