1.1 	A bill for an act
1.2 	relating to public safety; clarifying elements and penalties of certain crimes; 
1.3 	requiring reports; increasing fees; providing for a uniform fine schedule; 
1.4 	authorizing collection of fines and surcharges; requiring annual appropriation 
1.5 	of money in Bureau of Criminal Apprehension account to commissioner of 
1.6 	public safety; appropriating money for the courts, public defenders, public 
1.7 	safety, corrections, and other criminal justice agencies;amending Minnesota 
1.8 	Statutes 2008, sections 2.722, subdivisions 4, 4a; 2.724, subdivisions 2, 3; 
1.9 	86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 
1.10 	152.025, subdivisions 1, 2, 3; 152.0262, subdivision 1; 169A.20, subdivision 
1.11 	1, by adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 
1.12 	1; 169A.27, subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, 
1.13 	subdivision 1; 169A.54, subdivision 1; 171.29, subdivision 2; 241.016, 
1.14 	subdivision 1; 244.055, subdivisions 2, 11; 299A.01, subdivision 1a, by adding 
1.15 	a subdivision; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 7; 357.022; 
1.16 	357.08; 364.08; 375.14; 403.11, subdivision 1; 480.15, by adding a subdivision; 
1.17 	484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1; 
1.18 	549.09, subdivision 1; 550.011; 609.035, subdivision 2; 609.10, subdivision 
1.19 	1; 609.101, subdivision 4; 609.105, subdivision 1; 609.125, subdivision 1; 
1.20 	609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 611.17; 631.48; proposing 
1.21 	coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota 
1.22 	Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90, 
1.23 	subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.105, subdivisions 1a, 1b; 
1.24 	609.135, subdivision 8.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	ARTICLE 1
1.27 	APPROPRIATIONS

1.28	Section 1. SUMMARY OF APPROPRIATIONS.
 	
1.29 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.30 	in this article.

1.31			2010
		2011
		Total
	
1.32	General
	$
	908,031,000
	$
	898,494,000
	$
	1,806,525,000
	
2.1	Federal
		19,000,000
		19,000,000
		38,000,000
	
2.2
2.3	State Government Special 
Revenue
		66,573,000
		70,336,000
		136,909,000
	
2.4	Environmental Fund
		69,000
		69,000
		138,000
	
2.5	Special Revenue Fund
		14,559,000
		14,559,000
		29,118,000
	
2.6	Trunk Highway
		1,941,000
		1,941,000
		3,882,000
	
2.7	Total
	$
	1,010,173,000
	$
	1,004,399,000
	$
	2,014,572,000

2.8	Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
 	
2.9 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.10 	agencies and for the purposes specified in this article. The appropriations are from the 
2.11 	general fund, or another named fund, and are available for the fiscal years indicated 
2.12 	for each purpose. The figures "2010" and "2011" used in this article mean that the 
2.13 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
2.14 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
2.15 	year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal 
2.16 	year ending June 30, 2009, are effective the day following final enactment.

2.17				APPROPRIATIONS
	
2.18				Available for the Year
	
2.19				Ending June 30
	
2.20					2010
		2011

2.21	Sec. 3. SUPREME COURT

2.22	Subdivision 1.Total Appropriation
 	$
	43,919,000
	$
	43,366,000
	
2.23 	The amounts that may be spent for each 
2.24 	purpose are specified in the following 
2.25 	subdivisions.

2.26	Subd. 2.Supreme Court Operations
 		31,740,000
		31,339,000
	
2.27 	(a) Contingent Account. $5,000 each year 
2.28 	is for a contingent account for expenses 
2.29 	necessary for the normal operation of the 
2.30 	court for which no other reimbursement is 
2.31 	provided.
2.32 	(b) Criminal Justice Forum. The chief 
2.33 	justice is requested to continue the criminal 
2.34 	justice forum to evaluate and examine 
2.35 	criminal justice efficiencies and costs 
3.1 	savings, and may submit a report of the 
3.2 	findings and recommendations to the chairs 
3.3 	and ranking minority members of the house 
3.4 	of representatives and senate committees 
3.5 	with jurisdiction over public safety policy 
3.6 	and finance by February 15, 2010.
3.7 	(c) Federal Stimulus Funds. The Supreme 
3.8 	Court is encouraged to apply for all available 
3.9 	grants for federal stimulus funds to: (1) 
3.10 	continue drug court programs that lose 
3.11 	state funding; and (2) make technological 
3.12 	improvements within the judicial system.
3.13 	(d) Judicial and Referee Vacancies.
3.14 	The Supreme Court shall not certify a 
3.15 	judicial or referee vacancy under Minnesota 
3.16 	Statutes, section 2.722, until it has examined 
3.17 	alternative options, such as temporarily 
3.18 	suspending certification of the vacant 
3.19 	position or assigning a retired judge to 
3.20 	temporarily fill the position. Thirty days 
3.21 	prior to certifying any judicial or referee 
3.22 	vacancy to the governor, the Supreme 
3.23 	Court shall submit to the chairs and 
3.24 	ranking minority members of the house 
3.25 	of representatives and senate committees 
3.26 	with jurisdiction over public safety and 
3.27 	judiciary policy and finance a report with 
3.28 	a detailed explanation of the alternatives 
3.29 	that were examined, why those alternatives 
3.30 	were rejected, and why certification of the 
3.31 	position is necessary for effective judicial 
3.32 	administration and adequate access to the 
3.33 	courts.

3.34	Subd. 3.Civil Legal Services
 		12,179,000
		12,027,000
	
4.1 	Legal Services to Low-Income Clients in 
4.2 	Family Law Matters. Of this appropriation, 
4.3 	$877,000 each year is to improve the 
4.4 	access of low-income clients to legal 
4.5 	representation in family law matters. This 
4.6 	appropriation must be distributed under 
4.7 	Minnesota Statutes, section 480.242, to 
4.8 	the qualified legal services programs 
4.9 	described in Minnesota Statutes, section 
4.10 	480.242, subdivision 2, paragraph (a). Any 
4.11 	unencumbered balance remaining in the first 
4.12 	year does not cancel and is available in the 
4.13 	second year.

4.14	Sec. 4. COURT OF APPEALS
 	$
	10,353,000
	$
	10,222,000

4.15	Sec. 5. TRIAL COURTS
 	$
	251,696,000
	$
	248,540,000

4.16	Sec. 6. TAX COURT
 	$
	800,000
	$
	800,000

4.17	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	51,000
	$
	50,000

4.18	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	446,000
	$
	446,000
	
4.19 	The base budget for the Board on Judicial 
4.20 	Standards shall be $321,000 in fiscal year 
4.21 	2012 and $321,000 in fiscal year 2013.

4.22	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	67,628,000
	$
	65,028,000
	
4.23 	Agency Lobbyists. No portion of this 
4.24 	appropriation may be used to pay the salary 
4.25 	or fee of a person retained to serve as the 
4.26 	board's legislative liaison or lobbyist.

4.27	Sec. 10. PUBLIC SAFETY

4.28	Subdivision 1.Total Appropriation
 	$
	160,529,000
	$
	160,892,000

4.29	Appropriations by Fund
	
4.30		2010
	2011
	
5.1	General
	82,439,000
	79,039,000
	
5.2	Special Revenue
	9,507,000
	9,507,000
	
5.3
5.4	State Government 
Special Revenue
	66,573,000
	70,336,000
	
5.5	Environmental
	69,000
	69,000
	
5.6	Trunk Highway
	1,941,000
	1,941,000
	
5.7 	The amounts that may be spent for each 
5.8 	purpose are specified in the following 
5.9 	subdivisions.
5.10 	(a) Agency Lobbyists. No portion of this 
5.11 	appropriation may be used to pay the salary 
5.12 	or fee of a person retained to serve as the 
5.13 	agency's legislative liaison or lobbyist.
5.14 	(b) Employees of the Governor. Any 
5.15 	personnel costs attributable to the Office 
5.16 	of the Governor must be accounted for 
5.17 	through an appropriation to the Office of 
5.18 	the Governor. The commissioner may not 
5.19 	enter into agreements with the Office of the 
5.20 	Governor under which personnel costs in 
5.21 	the office of the governor are supported by 
5.22 	appropriations to the agency.
5.23 	(c) Car Fleet. By January 1, 2010, the 
5.24 	commissioner must reduce the department's 
5.25 	fleet of cars in the seven-county metropolitan 
5.26 	area by 20 percent.

5.27	Subd. 2.Emergency Management
 		2,583,000
		2,583,000

5.28	Appropriations by Fund
	
5.29	General
	1,910,000
	1,910,000
	
5.30	Special Revenue
	604,000
	604,000
	
5.31	Environmental
	69,000
	69,000
	
5.32 	Hazmat and Chemical Assessment Teams.
5.33 	$604,000 each year is appropriated from the 
5.34 	fire safety account in the special revenue 
5.35 	fund. These amounts must be used to 
6.1 	fund the hazardous materials and chemical 
6.2 	assessment teams.

6.3	Subd. 3.Criminal Apprehension
 		43,763,000
		42,063,000

6.4	Appropriations by Fund
	
6.5	General
	41,815,000
	40,115,000
	
6.6
6.7	State Government 
Special Revenue
	7,000
	7,000
	
6.8	Trunk Highway
	1,941,000
	1,941,000
	
6.9 	(a) Forensic Scientists. When formulating 
6.10 	the budget and the need for additional 
6.11 	scientists for the state's crime labs, the 
6.12 	commissioner, in consultation with the 
6.13 	superintendent of the Bureau of Criminal 
6.14 	Apprehension, must consider the number 
6.15 	and capacity of scientists employed in labs 
6.16 	operated by local units of government.
6.17 	(b) DWI Lab Analysis; Trunk Highway 
6.18 	Fund. Notwithstanding Minnesota Statutes, 
6.19 	section 161.20, subdivision 3, $1,941,000 
6.20 	each year is appropriated from the trunk 
6.21 	highway fund for laboratory analysis related 
6.22 	to driving while impaired cases.

6.23	Subd. 4.Fire Marshal
 		8,000,000
		8,000,000
	
6.24 	This appropriation is from the fire safety 
6.25 	account in the special revenue fund.
6.26 	Of this amount, $5,732,000 each year is for 
6.27 	activities under Minnesota Statutes, section 
6.28 	299F.012, and $2,268,000 each year is for 
6.29 	transfer to the general fund under Minnesota 
6.30 	Statutes, section 297I.06, subdivision 3.

6.31	Subd. 5.Alcohol and Gambling Enforcement
 		2,538,000
		2,538,000

6.32	Appropriations by Fund
	
6.33	General
	1,635,000
	1,635,000
	
6.34	Special Revenue
	903,000
	903,000
	
7.1 	This appropriation is from the alcohol 
7.2 	enforcement account in the special revenue 
7.3 	fund. Of this appropriation, $750,000 each 
7.4 	year shall be transferred to the general fund. 
7.5 	The transfer amount for fiscal year 2012 and 
7.6 	fiscal year 2013 shall be $500,000 per year.

7.7	Subd. 6.Office of Justice Programs
 		37,175,000
		35,475,000

7.8	Appropriations by Fund
	
7.9	General
	37,079,000
	35,379,000
	
7.10
7.11	State Government 
Special Revenue
	96,000
	96,000
	
7.12 	(a) Federal Stimulus Funds; Report.
7.13 	By June 1, 2009, the Office of Justice 
7.14 	Programs shall submit to the chairs and 
7.15 	ranking minority members of the house 
7.16 	of representatives and senate committees 
7.17 	with jurisdiction over public safety policy 
7.18 	and finance a detailed plan outlining the 
7.19 	competitive grant process to be used to 
7.20 	administer the federal stimulus funds. The 
7.21 	plan must describe: (1) the administrative 
7.22 	process in accepting and reviewing 
7.23 	applications, (2) the criteria used in 
7.24 	awarding grants, and (3) program reporting 
7.25 	requirements.
7.26 	The Office of Justice Programs must consider 
7.27 	awarding grants for federal stimulus funds 
7.28 	for the following activities and programs:
7.29 	(i) trafficking victim programs, including 
7.30 	legal advocacy clinics, training programs, 
7.31 	public awareness initiatives, and victim 
7.32 	services hotlines;
7.33 	(ii) nonprofit organizations dedicated 
7.34 	to providing immediate and long-term 
7.35 	emotional support and practical help for 
8.1 	families and friends of persons who have 
8.2 	died traumatically;
8.3 	(iii) organizations that provide mentoring 
8.4 	grants for children of incarcerated parents;
8.5 	(iv) youth intervention programs, as defined 
8.6 	under Minnesota Statutes, section 299A.73, 
8.7 	with an emphasis on those programs that 
8.8 	provide early intervention youth services to 
8.9 	children in their communities;
8.10 	(v) programs that seek to develop and 
8.11 	increase juvenile detention alternatives;
8.12 	(vi) re-entry programs for offenders;
8.13 	(vii) restorative justice programs, as defined 
8.14 	in Minnesota Statutes, section 611A.775, 
8.15 	except that a program that receives federal 
8.16 	funds shall not use the funds for cases 
8.17 	involving domestic assault; and
8.18 	(viii) judicial branch efficiency programs, 
8.19 	including e-citation and fine management 
8.20 	and collection program improvements.
8.21 	By October 1, 2009, the Office of Justice 
8.22 	Programs must submit to  the chairs and 
8.23 	ranking minority members of the house of 
8.24 	representatives and senate committees with 
8.25 	jurisdiction over public safety policy and 
8.26 	finance a list of all the grants awarded by 
8.27 	the Office of Justice Programs using federal 
8.28 	stimulus funds, including the name of the 
8.29 	grantee, the amount awarded, the funded 
8.30 	activities or programs, and the length of the 
8.31 	grant.
8.32 	For purposes of this section, "federal 
8.33 	stimulus funds" means funding provided to 
9.1 	the state under the American Recovery and 
9.2 	Reinvestment Act of 2009.
9.3 	(b) Crime Victim and Youth Intervention 
9.4 	Programs. For the biennium ending June 
9.5 	30, 2011, funding for the following programs 
9.6 	must not be reduced by more than three 
9.7 	percent from the level of state funding 
9.8 	provided for the biennium ending June 
9.9 	30, 2009: (1) crime victim reparations; 
9.10 	(2) battered women's shelters; (3) general 
9.11 	crime victim programs; (4) sexual assault 
9.12 	victim programs; and (5) youth intervention 
9.13 	programs.

9.14	Subd. 7.Emergency Communication Networks
 		66,470,000
		70,233,000
	
9.15 	This appropriation is from the state 
9.16 	government special revenue fund for 911 
9.17 	emergency telecommunications services.
9.18 	(a) Public Safety Answering Points.
9.19 	$13,664,000 each year is to be distributed 
9.20 	as provided in Minnesota Statutes, section 
9.21 	403.113, subdivision 2.
9.22 	(b) Medical Resource Communication 
9.23 	Centers. $683,000 each year is for grants 
9.24 	to the Minnesota Emergency Medical 
9.25 	Services Regulatory Board for the Metro 
9.26 	East and Metro West Medical Resource 
9.27 	Communication Centers that were in 
9.28 	operation before January 1, 2000.
9.29 	(c) ARMER Debt Service. $17,557,000 the 
9.30 	first year and $23,261,000 the second year 
9.31 	are to the commissioner of finance to pay 
9.32 	debt service on revenue bonds issued under 
9.33 	Minnesota Statutes, section 403.275.
10.1 	Any portion of this appropriation not needed 
10.2 	to pay debt service in a fiscal year may be 
10.3 	used by the commissioner of public safety to 
10.4 	pay cash for any of the capital improvements 
10.5 	for which bond proceeds were appropriated 
10.6 	by Laws 2005, chapter 136, article 1, section 
10.7 	9, subdivision 8, or Laws 2007, chapter 54, 
10.8 	article 1, section 10, subdivision 8.
10.9 	(d) Metropolitan Council Debt Service.
10.10 	$1,410,000 each year is to the commissioner 
10.11 	of finance for payment to the Metropolitan 
10.12 	Council for debt service on bonds issued 
10.13 	under Minnesota Statutes, section 403.27.
10.14 	(e) ARMER State Backbone Operating 
10.15 	Costs. $5,060,000 each year is to the 
10.16 	commissioner of transportation for costs 
10.17 	of maintaining and operating the first and 
10.18 	third phases of the statewide radio system 
10.19 	backbone.
10.20 	(f) ARMER Improvements. $1,000,000 
10.21 	each year is for the Statewide Radio Board 
10.22 	for costs of design, construction, maintenance 
10.23 	of, and improvements to those elements 
10.24 	of the statewide public safety radio and 
10.25 	communication system that support mutual 
10.26 	aid communications and emergency medical 
10.27 	services or provide enhancement of public 
10.28 	safety communication interoperability.
10.29 	(g) Next Generation 911. $3,431,000 in 
10.30 	fiscal year 2010 and $6,490,000 in fiscal year 
10.31 	2011 is to replace the current system with the 
10.32 	Next Generation Internet Protocol (IP) based 
10.33 	network. The base level of funding for fiscal 
10.34 	year 2012 shall be $2,965,000.
11.1 	(h) Emergency Communication System.
11.2 	$5,000,000 the first year is to be used by 
11.3 	the commissioner for any purpose related 
11.4 	to the effective operation of the emergency 
11.5 	communication system in the state, including 
11.6 	the cost of personnel who prepare for and 
11.7 	respond to emergencies.

11.8
11.9	Sec. 11. PEACE OFFICER STANDARDS 
AND TRAINING BOARD (POST)
 	$
	4,162,000
	$
	4,162,000
	
11.10 	(a) Excess Amounts Transferred. This 
11.11 	appropriation is from the peace officer 
11.12 	training account in the special revenue fund. 
11.13 	Any new receipts credited to that account in 
11.14 	the first year in excess of $4,162,000 must be 
11.15 	transferred and credited to the general fund. 
11.16 	Any new receipts credited to that account in 
11.17 	the second year in excess of $4,162,000 must 
11.18 	be transferred and credited to the general 
11.19 	fund.
11.20 	(b) Peace Officer Training 
11.21 	Reimbursements. $3,009,000 each 
11.22 	year is for reimbursements to local 
11.23 	governments for peace officer training costs.
11.24 	(c) Agency Lobbyists. No portion of this 
11.25 	appropriation may be used to pay the salary 
11.26 	or fee of a person retained to serve as the 
11.27 	board's legislative liaison or lobbyist.

11.28	Sec. 12. PRIVATE DETECTIVE BOARD
 	$
	125,000
	$
	125,000

11.29	Sec. 13. HUMAN RIGHTS
 	$
	3,534,000
	$
	3,418,000
	
11.30 	The base budget for the Department of 
11.31 	Human Rights shall be $3,368,000 in fiscal 
11.32 	year 2012 and $3,368,000 in fiscal year 2013.

12.1	Sec. 14. DEPARTMENT OF CORRECTIONS

12.2	Subdivision 1.Total Appropriation
 	$
	466,339,000
	$
	466,759,000

12.3	Appropriations by Fund
	
12.4		2010
	2011
	
12.5	General
	446,449,000
	446,869,000
	
12.6	Special Revenue
	890,000
	890,000
	
12.7	Federal
	19,000,000
	19,000,000
	
12.8 	The amounts that may be spent for each 
12.9 	purpose are specified in the following 
12.10 	subdivisions.
12.11 	(a) Agency Lobbyists. No portion of this 
12.12 	appropriation may be used to pay the salary 
12.13 	or fee of a person retained to serve as the 
12.14 	agency's legislative liaison or lobbyist.
12.15 	(b) Employees of the Governor. Any 
12.16 	personnel costs attributable to the Office 
12.17 	of the Governor must be accounted for 
12.18 	through an appropriation to the Office of 
12.19 	the Governor. The commissioner may not 
12.20 	enter into agreements with the Office of the 
12.21 	Governor under which personnel costs in 
12.22 	the Office of the Governor are supported by 
12.23 	appropriations to the agency.
12.24 	(c) Car Fleet. By January 1, 2010, the 
12.25 	commissioner must reduce the department's 
12.26 	fleet of cars by 20 percent.

12.27	Subd. 2.Correctional Institutions
 		328,336,000
		333,363,000

12.28	Appropriations by Fund
	
12.29	General
	308,756,000
	313,783,000
	
12.30	Special Revenue
	580,000
	580,000
	
12.31	Federal
	19,000,000
	19,000,000
	
12.32 	$19,000,000 each year is from the fiscal 
12.33 	stabilization account in the American 
12.34 	Recovery and Reinvestment Act of 2009. 
12.35 	This is a onetime appropriation.
13.1 	The general fund base for this program shall 
13.2 	be $331,546,000 in fiscal year 2012 and 
13.3 	$336,085,000 in fiscal year 2013.
13.4 	(a) Treatment Alternatives; Report. By 
13.5 	December 15, 2009, the commissioner 
13.6 	must submit a report to the chairs and 
13.7 	ranking minority members of the house of 
13.8 	representatives and senate committees with 
13.9 	jurisdiction over public safety policy and 
13.10 	finance concerning alternative chemical 
13.11 	dependency treatment opportunities. 
13.12 	The report must identify alternatives 
13.13 	that represent best practices in chemical 
13.14 	dependency treatment of offenders. The 
13.15 	report must contain suggestions for 
13.16 	reducing the length of time between 
13.17 	offender commitment to the custody of the 
13.18 	commissioner and graduation from chemical 
13.19 	dependency treatment.  To the extent 
13.20 	possible, the report shall identify options 
13.21 	that will (1) reduce the cost of treatment; 
13.22 	(2) expand the number of treatment beds; 
13.23 	(3) improve treatment outcomes; and (4) 
13.24 	lower the rate of substance abuse relapse and 
13.25 	criminal recidivism.
13.26 	(b) Challenge Incarceration; Maximum 
13.27 	Occupancy. The commissioner shall work to 
13.28 	fill all available challenge incarceration beds 
13.29 	for both male and female offenders.  If the 
13.30 	commissioner fails to fill at least 90 percent 
13.31 	of the available challenge incarceration beds 
13.32 	by December 1, 2009, the commissioner 
13.33 	must submit a report to the chairs and 
13.34 	ranking minority members of the house of 
13.35 	representatives and senate committees with 
13.36 	jurisdiction over public safety policy and 
14.1 	finance by January 15, 2010, explaining what 
14.2 	steps the commissioner has taken to fill the 
14.3 	beds and why those steps failed to reach the 
14.4 	goal established by the legislature.
14.5 	(c) Performance Measures; Per Diem 
14.6 	Reduction; Report to the Legislature. The 
14.7 	commissioner  of corrections must reduce the 
14.8 	fiscal year 2008 average adult facility per 
14.9 	diem of $89.77 by one percent. The base 
14.10 	is cut by $2,850,000 in the first year and 
14.11 	$2,850,000 in the second year to reflect a 
14.12 	one percent reduction in the projected adult 
14.13 	facility per diem.
14.14 	In reducing the projected adult facility per 
14.15 	diem, the commissioner must consider the 
14.16 	following:
14.17 	(1) cooperating  with the state of Wisconsin 
14.18 	to obtain economies of scale;
14.19 	(2) increasing the bed capacity of the 
14.20 	challenge incarceration program;
14.21 	(3) increasing the number of nonviolent drug 
14.22 	offenders who are granted conditional release 
14.23 	under Minnesota Statutes, section 244.055;
14.24 	(4) increasing the use of compassionate 
14.25 	release or less costly detention alternatives 
14.26 	for elderly and infirm offenders;
14.27 	(5) implementing corrections best practices; 
14.28 	and
14.29 	(6) implementing cost-saving measures used 
14.30 	by other states and the federal government.
14.31 	The commissioner must not eliminate 
14.32 	correctional officer positions or implement 
14.33 	any other measure that will jeopardize public 
14.34 	safety to achieve the mandated cost savings. 
15.1 	The commissioner also must not eliminate 
15.2 	treatment beds to achieve the mandated cost 
15.3 	savings.
15.4 	If the commissioner fails to reduce the per 
15.5 	diem by one percent, the commissioner must:
15.6 	(i) reduce the funding for operations support 
15.7 	by the amount of unrealized savings; and
15.8 	(ii) submit a report by February 15, 
15.9 	2010, to the chairs and ranking minority 
15.10 	members of the house of representatives 
15.11 	and senate committees with jurisdiction 
15.12 	over  public safety policy and finance that 
15.13 	contains descriptions of what efforts the 
15.14 	commissioner made to reduce the per diem, 
15.15 	explanations for why those steps failed to 
15.16 	reduce the per diem by one percent, proposed 
15.17 	legislative options that would assist the 
15.18 	commissioner in reducing the adult facility 
15.19 	per diem, and descriptions of the specific 
15.20 	actions the commissioner took to reduce 
15.21 	funding in operations support.
15.22 	If the commissioner reduces the per diem 
15.23 	by more than one percent, the commissioner 
15.24 	must use the savings to provide treatment to 
15.25 	offenders.
15.26 	(d) Drug Court Bed Savings. The 
15.27 	commissioner must consider the bed impact 
15.28 	savings of drug courts in formulating its 
15.29 	prison bed projections.

15.30	Subd. 3.Community Services
 		115,044,000
		111,837,000

15.31	Appropriations by Fund
	
15.32	General
	114,944,000
	111,737,000
	
15.33	Special Revenue
	100,000
	100,000
	
16.1 	(a) Short-Term Offenders. $1,607,000 in 
16.2 	the first year is for costs associated with the 
16.3 	housing and care of short-term offenders 
16.4 	sentenced prior to June 30, 2009, and housed 
16.5 	in local jails.  The commissioner may use 
16.6 	up to ten percent of the total amount of the 
16.7 	appropriation for inpatient medical care 
16.8 	for short-term offenders with less than six 
16.9 	months to serve as affected by the changes 
16.10 	made to Minnesota Statutes, section 609.105, 
16.11 	by Laws 2003, First Special Session chapter 
16.12 	2, article 5, sections 7 to 9.  All funds not 
16.13 	expended for inpatient medical care shall be 
16.14 	added to and distributed with the housing 
16.15 	funds.  These funds shall be distributed 
16.16 	proportionately based on the total number of 
16.17 	days short-term offenders are placed locally, 
16.18 	not to exceed the fiscal year 2009 per diem. 
16.19 	All funds remaining after reimbursements are 
16.20 	made shall be transferred to the department's 
16.21 	institution base budget to offset the costs 
16.22 	of housing short-term offenders who are 
16.23 	sentenced on or after July 1, 2009, and 
16.24 	incarcerated in state correctional facilities. 
16.25 	Short-term offenders sentenced before July 
16.26 	1, 2009, may be housed in a state correctional 
16.27 	facility at the discretion of the commissioner.
16.28 	This does not preclude the commissioner 
16.29 	from contracting with local jails to house 
16.30 	offenders committed to the custody of the 
16.31 	commissioner.
16.32 	The Department of Corrections is exempt 
16.33 	from the state contracting process for the 
16.34 	purposes of Minnesota Statutes, section 
16.35 	609.105, as amended by Laws 2003, First 
17.1 	Special Session chapter 2, article 5, sections 
17.2 	7 to 9.
17.3 	(b) Federal Grants. The commissioner 
17.4 	must apply for all available grants for federal 
17.5 	funds under the American Recovery and 
17.6 	Reinvestment Act of 2009 and the Second 
17.7 	Chance Act that the department is eligible to 
17.8 	receive to continue and expand re-entry and 
17.9 	restorative justice programs.

17.10	Subd. 4.Operations Support
 		22,959,000
		21,559,000

17.11	Appropriations by Fund
	
17.12	General
	22,749,000
	21,349,000
	
17.13	Special Revenue
	210,000
	210,000
	
17.14 	The general fund base for this program 
17.15 	shall be $20,949,000 in fiscal year 2012 and 
17.16 	$20,949,000 in fiscal year 2013.

17.17	Sec. 15. SENTENCING GUIDELINES
 	$
	591,000
	$
	591,000

17.18 	ARTICLE 2
17.19 	COURTS AND PUBLIC DEFENDERS

17.20 	Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
17.21 		Subd. 4.Determination of a judicial vacancy. (a) When a judge of the district 
17.22 	court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation 
17.23 	with judges and attorneys in the affected district, shall determine within 90 days of after
17.24 	receiving notice of a vacancy from the governor whether the vacant office is necessary 
17.25 	for effective judicial administration or is necessary for adequate access to the courts. 
17.26 	In determining whether the position is necessary for adequate access to the courts, the 
17.27 	Supreme Court shall consider whether abolition or transfer of the position would result in 
17.28 	a county having no chambered judge. The Supreme Court may continue the position, may 
17.29 	order the position abolished, or may transfer the position to a judicial district where need 
17.30 	for additional judges exists, designating the position as either a county, county/municipal 
17.31 	or district court judgeship. The Supreme Court shall certify any vacancy to the governor, 
17.32 	who shall fill it in the manner provided by law.
18.1 	(b) If a judge of district court fails to timely file an affidavit of candidacy and filing 
18.2 	fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are 
18.3 	required to be filed shall notify the Supreme Court that the incumbent judge is not seeking 
18.4 	reelection. Within five days of receipt of the notice, the Supreme Court shall determine 
18.5 	whether the judicial position is necessary for effective judicial administration or adequate 
18.6 	access to the courts and notify the official responsible for certifying the election results of 
18.7 	its determination. In determining whether the position is necessary for adequate access to 
18.8 	the courts, the Supreme Court shall consider whether abolition or transfer of the position 
18.9 	would result in a county having no chambered judge. The Supreme Court may continue 
18.10 	the position, may order the position abolished, or may transfer the position to a judicial 
18.11 	district where the need for additional judgeships exists. If the position is abolished or 
18.12 	transferred, the election may not be held. If the position is transferred, the court shall also 
18.13 	notify the governor of the transfer. Upon transfer, the position is vacant and the governor 
18.14 	shall fill it in the manner provided by law. An order abolishing or transferring a position is 
18.15 	effective the first Monday in the next January.

18.16 	Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
18.17 		Subd. 4a.Referee vacancy; conversion to judgeship. When a referee of the 
18.18 	district court dies, resigns, retires, or is voluntarily removed from the position, the chief 
18.19 	judge of the district shall notify the Supreme Court and may petition to request that the 
18.20 	position be converted to a judgeship. The Supreme Court shall determine within 90 
18.21 	days of the petition whether to order the position abolished or convert the position to a 
18.22 	judgeship in the affected or another judicial district. The Supreme Court shall certify any 
18.23 	judicial vacancy to the governor, who shall fill it in the manner provided by law. The 
18.24 	conversion of a referee position to a judgeship under this subdivision shall not reduce the 
18.25 	total number of judges and referees hearing cases in the family and juvenile courts.

18.26 	Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
18.27 		Subd. 2.Procedure. To promote and secure more efficient administration of justice, 
18.28 	the chief justice of the Supreme Court of the state shall supervise and coordinate the work 
18.29 	of the courts of the state. The Supreme Court may provide by rule that the chief justice not 
18.30 	be required to write opinions as a member of the Supreme Court. Its rules may further 
18.31 	provide for it to hear and consider cases in divisions. It may by rule assign temporarily 
18.32 	any retired justice of the Supreme Court or one judge of the Court of Appeals or district 
18.33 	court judge at a time to act as a justice of the Supreme Court or any number of justices 
18.34 	or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon 
19.1 	the assignment of a Court of Appeals judge or a district court judge to act as a justice of 
19.2 	the Supreme Court, a judge previously acting as a justice may complete unfinished duties 
19.3 	of that position. Any number of justices may disqualify themselves from hearing and 
19.4 	considering a case, in which event the Supreme Court may assign temporarily a retired 
19.5 	justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear 
19.6 	and consider the case in place of each disqualified justice. A retired justice who is acting 
19.7 	as a justice of the Supreme Court or judge of the Court of Appeals under this section shall 
19.8 	receive, in addition to retirement pay, out of the general fund of the state, an amount to 
19.9 	make the retired justice's total compensation equal to the same salary as a justice or judge 
19.10 	of the court on which the justice is acting.

19.11 	EFFECTIVE DATE. This section is effective July 1, 2009.

19.12 	Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
19.13 		Subd. 3.Retired justices and judges. (a) The chief justice of the Supreme Court 
19.14 	may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court 
19.15 	pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a 
19.16 	retired judge of any court to act as a judge of any court except the Supreme Court. The 
19.17 	chief justice of the Supreme Court shall determine the pay and expenses to be received by 
19.18 	a justice or judge acting pursuant to this paragraph.
19.19 	(b) A judge who has been elected to office and who has retired as a judge in good 
19.20 	standing and is not practicing law may also be appointed to serve as judge of any court 
19.21 	except the Supreme Court. A retired judge acting under this paragraph will receive pay 
19.22 	and expenses in the amount established by the Supreme Court.

19.23 	EFFECTIVE DATE. This section is effective July 1, 2009.

19.24 	Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
19.25 		Subd. 2.Fines and bail money. (a) All fines, installment payments, and forfeited 
19.26 	bail money collected from persons convicted of violations of this chapter or rules adopted 
19.27 	thereunder, or of a violation of section 169A.20 involving a motorboat, shall be paid to 
19.28 	the county treasurer of the county where the violation occurred by the court administrator 
19.29 	or other person collecting the money within 15 days after the last day of the month the 
19.30 	money was collected deposited in the state treasury.  
19.31 	(b) One-half of the receipts shall be credited to the general revenue fund of the 
19.32 	county. The other one-half of the receipts shall be transmitted by the county treasurer to 
20.1 	the commissioner of natural resources to be deposited in the state treasury and credited to 
20.2 	the water recreation account for the purpose of boat and water safety.

20.3 	EFFECTIVE DATE. This section is effective July 1, 2009.

20.4 	Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
20.5 		Subd. 2a.Petty misdemeanor cases and criminal convictions; fee assessment. In 
20.6 	Hennepin County and Ramsey County, the district court administrator or a designee may, 
20.7 	upon the recommendation of the board of trustees and by standing order of the judges 
20.8 	of the district court, include in the costs or disbursements assessed against a defendant 
20.9 	convicted in the district court of the violation of a statute or municipal ordinance, a county 
20.10 	law library fee. This fee may be collected in all petty misdemeanor cases and criminal 
20.11 	prosecutions in which, upon conviction, the defendant may be subject to the payment of 
20.12 	the costs or disbursements in addition to a fine or other penalty. When a defendant is 
20.13 	convicted of more than one offense in a case, the county law library fee shall be imposed 
20.14 	only once in that case.

20.15 	EFFECTIVE DATE. This section is effective July 1, 2009.

20.16 	Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
20.17 		Subd. 3.Petty misdemeanor cases and criminal convictions; fee assessment.
 20.18 	The judge of district court may, upon the recommendation of the board of trustees and 
20.19 	by standing order, include in the costs or disbursements assessed against a defendant 
20.20 	convicted in the district court of the violation of any statute or municipal ordinance, in 
20.21 	all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the 
20.22 	defendant may be subject to the payment of the costs or disbursements in addition to a fine 
20.23 	or other penalty a county law library fee. When a defendant is convicted of more than one 
20.24 	offense in a case, the county law library fee shall be imposed only once in that case. The 
20.25 	item of costs or disbursements may not be assessed for any offense committed prior to the 
20.26 	establishment of the county law library.

20.27 	EFFECTIVE DATE. This section is effective July 1, 2009.

20.28 	Sec. 8. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
20.29 		Subdivision 1.Sale crimes. (a) A person is guilty of controlled substance crime in 
20.30 	the fifth degree and if convicted may be sentenced to imprisonment for not more than five 
20.31 	years or to payment of a fine of not more than $10,000, or both if:
21.1 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
21.2 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.3 	(2) the person unlawfully sells one or more mixtures containing a controlled 
21.4 	substance classified in schedule IV.
21.5 	(b) If a person is guilty of controlled substance crime in the fifth degree and the 
21.6 	conviction is a subsequent controlled substance conviction, the person convicted shall be 
21.7 	committed to the commissioner of corrections or to a local correctional authority for 
21.8 	not less than six months nor more than ten years and, in addition, may be sentenced to 
21.9 	payment of a fine of not more than $20,000 if:
21.10 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
21.11 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.12 	(2) the person unlawfully sells one or more mixtures containing a controlled 
21.13 	substance classified in schedule IV.

21.14 	EFFECTIVE DATE. This section is effective July 1, 2009.

21.15 	Sec. 9. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
21.16 		Subd. 2.Possession and other crimes. (a) A person is guilty of controlled 
21.17 	substance crime in the fifth degree and if convicted may be sentenced to imprisonment for 
21.18 	not more than five years or to payment of a fine of not more than $10,000, or both if:
21.19 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
21.20 	substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
21.21 	(2) the person procures, attempts to procure, possesses, or has control over a 
21.22 	controlled substance by any of the following means:
21.23 	(i) fraud, deceit, misrepresentation, or subterfuge;
21.24 	(ii) using a false name or giving false credit; or
21.25 	(iii) falsely assuming the title of, or falsely representing any person to be, a 
21.26 	manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 
21.27 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
21.28 	obtaining a controlled substance.
21.29 	(b) If a person is guilty of controlled substance crime in the fifth degree and the 
21.30 	conviction is a subsequent controlled substance conviction, the person convicted shall be 
21.31 	committed to the commissioner of corrections or to a local correctional authority for 
21.32 	not less than six months nor more than ten years and, in addition, may be sentenced to 
21.33 	payment of a fine of not more than $20,000 if:
21.34 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
21.35 	substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
22.1 	(2) the person procures, attempts to procure, possesses, or has control over a 
22.2 	controlled substance by any of the following means:
22.3 	(i) fraud, deceit, misrepresentation, or subterfuge;
22.4 	(ii) using a false name or giving false credit; or
22.5 	(iii) falsely assuming the title of, or falsely representing any person to be, a 
22.6 	manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 
22.7 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
22.8 	obtaining a controlled substance.

22.9 	EFFECTIVE DATE. This section is effective July 1, 2009.

22.10 	Sec. 10. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
22.11 		Subdivision 1.Possession of precursors. (a) A person is guilty of a crime if the 
22.12 	person possesses any chemical reagents or precursors with the intent to manufacture 
22.13 	methamphetamine and if convicted may be sentenced to imprisonment for not more than 
22.14 	ten years or to payment of a fine of not more than $20,000, or both.
22.15 	(b) A person is guilty of a crime if the person possesses any chemical reagents or 
22.16 	precursors with the intent to manufacture methamphetamine and may be sentenced to 
22.17 	imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, 
22.18 	or both, if the conviction is for a subsequent controlled substance conviction.
22.19 	 As used in this section and section 152.021, "chemical reagents or precursors" 
22.20 	includes any of the following substances, or any similar substances that can be used to 
22.21 	manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or 
22.22 	similar substance:
22.23 	(1) ephedrine;
22.24 	(2) pseudoephedrine;
22.25 	(3) phenyl-2-propanone;
22.26 	(4) phenylacetone;
22.27 	(5) anhydrous ammonia;
22.28 	(6) organic solvents;
22.29 	(7) hydrochloric acid;
22.30 	(8) lithium metal;
22.31 	(9) sodium metal;
22.32 	(10) ether;
22.33 	(11) sulfuric acid;
22.34 	(12) red phosphorus;
22.35 	(13) iodine;
23.1 	(14) sodium hydroxide;
23.2 	(15) benzaldehyde;
23.3 	(16) benzyl methyl ketone;
23.4 	(17) benzyl cyanide;
23.5 	(18) nitroethane;
23.6 	(19) methylamine;
23.7 	(20) phenylacetic acid;
23.8 	(21) hydriodic acid; or
23.9 	(22) hydriotic acid.

23.10 	EFFECTIVE DATE. This section is effective July 1, 2009.

23.11 	Sec. 11. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
23.12 		Subdivision 1.Driving while impaired crime; motor vehicles. It is a crime for 
23.13 	any person to drive, operate, or be in physical control of any motor vehicle, as defined 
23.14 	in section 169A.03, subdivision 15, except for motorboats in operation and off-road 
23.15 	recreational vehicles, within this state or on any boundary water of this state when:
23.16 	(1) when the person is under the influence of alcohol;
23.17 	(2) when the person is under the influence of a controlled substance;
23.18 	(3) when the person is knowingly under the influence of a hazardous substance that 
23.19 	affects the nervous system, brain, or muscles of the person so as to substantially impair 
23.20 	the person's ability to drive or operate the motor vehicle;
23.21 	(4) when the person is under the influence of a combination of any two or more of 
23.22 	the elements named in clauses (1), (2), and to (3);
23.23 	(5) when the person's alcohol concentration at the time, or as measured within 
23.24 	two hours of the time, of driving, operating, or being in physical control of the motor 
23.25 	vehicle is 0.08 or more;
23.26 	(6) when the vehicle is a commercial motor vehicle and the person's alcohol 
23.27 	concentration at the time, or as measured within two hours of the time, of driving, 
23.28 	operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
23.29 	(7) when the person's body contains any amount of a controlled substance listed in 
23.30 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

23.31 	EFFECTIVE DATE. This section is effective July 1, 2009.

23.32 	Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
23.33 	subdivision to read:
24.1 		Subd. 1a.Driving while impaired crime; motorboat in operation. It is a crime 
24.2 	for any person to operate or be in physical control of a motorboat in operation on any 
24.3 	waters or boundary water of this state when:
24.4 	(1) the person is under the influence of alcohol;
24.5 	(2) the person is under the influence of a controlled substance;
24.6 	(3) the person is knowingly under the influence of a hazardous substance that affects 
24.7 	the nervous system, brain, or muscles of the person so as to substantially impair the 
24.8 	person's ability to drive or operate the motorboat;
24.9 	(4) the person is under the influence of a combination of any two or more of the 
24.10 	elements named in clauses (1) to (3);
24.11 	(5) the person's alcohol concentration at the time, or as measured within two hours 
24.12 	of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or 
24.13 	more; or
24.14 	(6) the person's body contains any amount of a controlled substance listed in 
24.15 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

24.16 	EFFECTIVE DATE. This section is effective July 1, 2009.

24.17 	Sec. 13. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
24.18 	subdivision to read:
24.19 		Subd. 1b.Driving while impaired crime; snowmobile and all-terrain vehicle. It 
24.20 	is a crime for any person to operate or be in physical control of a snowmobile as defined in 
24.21 	section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision 
24.22 	8, anywhere in this state or on the ice of any boundary water of this state when:
24.23 	(1) the person is under the influence of alcohol;
24.24 	(2) the person is under the influence of a controlled substance;
24.25 	(3) the person is knowingly under the influence of a hazardous substance that affects 
24.26 	the nervous system, brain, or muscles of the person so as to substantially impair the 
24.27 	person's ability to drive or operate the snowmobile or all-terrain vehicle;
24.28 	(4) the person is under the influence of a combination of any two or more of the 
24.29 	elements named in clauses (1) to (3);
24.30 	(5) the person's alcohol concentration at the time, or as measured within two hours 
24.31 	of the time, of driving, operating, or being in physical control of the snowmobile or 
24.32 	all-terrain vehicle is 0.08 or more; or
24.33 	(6) the person's body contains any amount of a controlled substance listed in 
24.34 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

25.1 	EFFECTIVE DATE. This section is effective July 1, 2009.

25.2 	Sec. 14. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
25.3 	subdivision to read:
25.4 		Subd. 1c.Driving while impaired crime; off-highway motorcycle and off-road 
25.5 	vehicle. It is a crime for any person to operate or be in physical control of any off-highway 
25.6 	motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined 
25.7 	in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary 
25.8 	water of this state when:
25.9 	(1) the person is under the influence of alcohol;
25.10 	(2) the person is under the influence of a controlled substance;
25.11 	(3) the person is knowingly under the influence of a hazardous substance that affects 
25.12 	the nervous system, brain, or muscles of the person so as to substantially impair the 
25.13 	person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
25.14 	(4) the person is under the influence of a combination of any two or more of the 
25.15 	elements named in clauses (1) to (3);
25.16 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
25.17 	the time, of driving, operating, or being in physical control of the off-highway motorcycle 
25.18 	or off-road vehicle is 0.08 or more; or
25.19 	(6) the person's body contains any amount of a controlled substance listed in 
25.20 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

25.21 	EFFECTIVE DATE. This section is effective July 1, 2009.

25.22 	Sec. 15. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
25.23 		Subdivision 1.Degree described. (a) A person who violates section 169A.20, 
25.24 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of second-degree 
25.25 	driving while impaired if two or more aggravating factors were present when the violation 
25.26 	was committed.  
25.27 	(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 
25.28 	chemical test crime), is guilty of second-degree driving while impaired if one aggravating 
25.29 	factor was present when the violation was committed.  

25.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

25.31 	Sec. 16. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
26.1 		Subdivision 1.Degree described. (a) A person who violates section 169A.20, 
26.2 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of third-degree driving 
26.3 	while impaired if one aggravating factor was present when the violation was committed.  
26.4 	(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 
26.5 	chemical test crime), is guilty of third-degree driving while impaired.  

26.6 	EFFECTIVE DATE. This section is effective July 1, 2009.

26.7 	Sec. 17. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
26.8 		Subdivision 1.Degree described. A person who violates section 169A.20, 
26.9 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of fourth-degree 
26.10 	driving while impaired.  

26.11 	EFFECTIVE DATE. This section is effective July 1, 2009.

26.12 	Sec. 18. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
26.13 		Subd. 2.Permissive consecutive sentences; multiple offenses. (a) When a person 
26.14 	is being sentenced for a violation of a provision listed in paragraph (e), the court may 
26.15 	sentence the person to a consecutive term of imprisonment for a violation of any other 
26.16 	provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the 
26.17 	same course of conduct, subject to the limitation on consecutive sentences contained in 
26.18 	section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).  
26.19 	(b) When a person is being sentenced for a violation of section 171.09 (violation 
26.20 	of condition of restricted license), 171.20 (operation after revocation, suspension, 
26.21 	cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
26.22 	(violation of condition of limited license), the court may not impose a consecutive sentence 
26.23 	for another violation of a provision in chapter 171 (drivers' licenses and training schools).  
26.24 	(c) When a person is being sentenced for a violation of section 169.791 (failure to 
26.25 	provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court 
26.26 	may not impose a consecutive sentence for another violation of a provision of sections 
26.27 	169.79 to 169.7995.  
26.28 	(d) This subdivision does not limit the authority of the court to impose consecutive 
26.29 	sentences for crimes arising on different dates or to impose a consecutive sentence when 
26.30 	a person is being sentenced for a crime and is also in violation of the conditions of 
26.31 	a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or 
26.32 	execution of sentence).  
27.1 	(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 
27.2 	the following if the offender has two or more prior impaired driving convictions within 
27.3 	the past ten years:
27.4 	(1) section 169A.20, subdivision 1, 1a, 1b, or 1c  (driving while impaired; impaired 
27.5 	driving offenses);  
27.6 	(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);  
27.7 	(3) section 169.791;  
27.8 	(4) section 169.797;  
27.9 	(5) section 171.09 (violation of condition of restricted license);  
27.10 	(6) section 171.20, subdivision 2 (operation after revocation, suspension, 
27.11 	cancellation, or disqualification);  
27.12 	(7) section 171.24; and  
27.13 	(8) section 171.30.  

27.14 	EFFECTIVE DATE. This section is effective July 1, 2009.

27.15 	Sec. 19. Minnesota Statutes 2008, section 169A.284, is amended to read:
27.16 	169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; 
27.17 	SURCHARGE.
27.18 		Subdivision 1.When required. (a) When a court sentences a person convicted 
27.19 	of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment; 
27.20 	requirement; form), it shall order the person to pay the cost of the assessment directly 
27.21 	to the entity conducting the assessment or providing the assessment services in an 
27.22 	amount determined by the entity conducting or providing the service and shall impose 
27.23 	a chemical dependency assessment charge of $125 $25. The court may waive the $25 
27.24 	assessment charge, but may not waive the cost for the assessment paid directly to the 
27.25 	entity conducting the assessment or providing assessment services. A person shall pay 
27.26 	an additional surcharge of $5 if the person is convicted of a violation of section 169A.20
27.27 	(driving while impaired) within five years of a prior impaired driving conviction or a prior 
27.28 	conviction for an offense arising out of an arrest for a violation of section 169A.20 or 
27.29 	Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled 
27.30 	substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies 
27.31 	when the sentence is executed, stayed, or suspended. The court may not waive payment 
27.32 	or authorize payment of the assessment charge and surcharge in installments unless it 
27.33 	makes written findings on the record that the convicted person is indigent or that the 
28.1 	assessment charge and surcharge would create undue hardship for the convicted person or 
28.2 	that person's immediate family.  
28.3 	(b) The chemical dependency assessment charge and surcharge required under 
28.4 	this section are in addition to the surcharge required by section 357.021, subdivision 6
28.5 	(surcharges on criminal and traffic offenders).  
28.6 		Subd. 2.Distribution of money. The county court administrator shall collect and 
28.7 	forward to the commissioner of finance $25 of the chemical dependency assessment 
28.8 	charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the 
28.9 	commissioner in writing why the money was not forwarded within this time period. The 
28.10 	commissioner shall credit the money to the commissioner of finance to be deposited in the 
28.11 	state treasury and credited to the general fund. The county shall collect and keep $100 of 
28.12 	the chemical dependency assessment charge.

28.13 	EFFECTIVE DATE. This section is effective July 1, 2009.

28.14 	Sec. 20. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
28.15 		Subdivision 1.Impairment occurred after driving ceased. If proven by a 
28.16 	preponderance of the evidence, it is an affirmative defense to a violation of section 
28.17 	169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving 
28.18 	while impaired, alcohol concentration within two hours of driving), or 169A.20 by a 
28.19 	person having an alcohol concentration of 0.20 or more as measured at the time, or within 
28.20 	two hours of the time, of the offense, that the defendant consumed a sufficient quantity 
28.21 	of alcohol after the time of the violation and before the administration of the evidentiary 
28.22 	test to cause the defendant's alcohol concentration to exceed the level specified in the 
28.23 	applicable clause. Evidence that the defendant consumed alcohol after the time of the 
28.24 	violation may not be admitted in defense to any alleged violation of section 169A.20, 
28.25 	unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the 
28.26 	matter.  

28.27 	EFFECTIVE DATE. This section is effective July 1, 2009.

28.28 	Sec. 21. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
28.29 		Subdivision 1.Revocation periods for DWI convictions. Except as provided in 
28.30 	subdivision 7, the commissioner shall revoke the driver's license of a person convicted 
28.31 	of violating section 169A.20 (driving while impaired) or an ordinance in conformity 
28.32 	with it, as follows: 
29.1 	(1) for an offense under section 169A.20, subdivision 1 (driving while impaired 
29.2 	crime): not less than 30 days; 
29.3 	(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to 
29.4 	chemical test crime): not less than 90 days; 
29.5 	(3) for an offense occurring within ten years of a qualified prior impaired driving 
29.6 	incident:
29.7 	(i) if the current conviction is for a violation of section 169A.20, subdivision 
29.8 	1, 1a, 1b, or 1c, not less than 180 days and until the court has certified that treatment 
29.9 	or rehabilitation has been successfully completed where prescribed in accordance with 
29.10 	section 169A.70 (chemical use assessments); or 
29.11 	(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 
29.12 	less than one year and until the court has certified that treatment or rehabilitation has been 
29.13 	successfully completed where prescribed in accordance with section 169A.70; 
29.14 	(4) for an offense occurring within ten years of the first of two qualified prior 
29.15 	impaired driving incidents: not less than one year, together with denial under section 
29.16 	171.04, subdivision 1, clause (10), until rehabilitation is established in accordance with 
29.17 	standards established by the commissioner; or 
29.18 	(5) for an offense occurring within ten years of the first of three or more qualified 
29.19 	prior impaired driving incidents: not less than two years, together with denial under 
29.20 	section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 
29.21 	with standards established by the commissioner. 

29.22 	EFFECTIVE DATE. This section is effective July 1, 2009.

29.23 	Sec. 22. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
29.24 		Subd. 5.Traffic fines and forfeited bail money. (a) All fines and forfeited bail 
29.25 	money, from traffic and motor vehicle law violations, collected from persons apprehended 
29.26 	or arrested by officers of the State Patrol, shall be paid transmitted by the person or 
29.27 	officer collecting the fines, forfeited bail money, or installments thereof, on or before the 
29.28 	tenth day after the last day of the month in which these moneys were collected, to the 
29.29 	county treasurer of the county where the violation occurred. commissioner of finance. 
29.30 	Except where a different disposition is required in this paragraph, paragraph (b), section 
29.31 	387.213, or otherwise provided by law, three-eighths of these receipts shall be credited to 
29.32 	the general revenue fund of the county, except that in a county in a judicial district under 
29.33 	section 480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted 
29.34 	to the commissioner of finance for deposit deposited in the state treasury and credited to 
29.35 	the state general fund. The other five-eighths of these receipts shall be transmitted by that 
30.1 	officer to the commissioner of finance and must be deposited in the state treasury and
30.2 	credited as follows: (1) the first $600,000 in each fiscal year must be credited to the 
30.3 	Minnesota grade crossing safety account in the special revenue fund, and (2) remaining 
30.4 	receipts must be credited to the state trunk highway fund. If, however, the violation occurs 
30.5 	within a municipality and the city attorney prosecutes the offense, and a plea of not guilty 
30.6 	is entered, one-third of the receipts shall be deposited in the state treasury and credited 
30.7 	to the state general revenue fund of the county, one-third of the receipts shall be paid 
30.8 	to the municipality prosecuting the offense, and one-third shall be transmitted to the 
30.9 	commissioner of finance as provided in this subdivision. deposited in the state treasury 
30.10 	and credited to the Minnesota grade crossing safety account or the state trunk highway 
30.11 	fund as provided in this paragraph. When section 387.213 also is applicable to the fine, 
30.12 	section 387.213 shall be applied before this paragraph is applied. All costs of participation 
30.13 	in a nationwide police communication system chargeable to the state of Minnesota shall 
30.14 	be paid from appropriations for that purpose.
30.15 	(b) Notwithstanding any other provisions of law, all fines and forfeited bail money 
30.16 	from violations of statutes governing the maximum weight of motor vehicles, collected 
30.17 	from persons apprehended or arrested by employees of the state of Minnesota, by means 
30.18 	of stationary or portable scales operated by these employees, shall be paid transmitted by 
30.19 	the person or officer collecting the fines or forfeited bail money, on or before the tenth day 
30.20 	after the last day of the month in which the collections were made, to the county treasurer 
30.21 	of the county where the violation occurred commissioner of finance. Five-eighths of these 
30.22 	receipts shall be transmitted by that officer to the commissioner of finance and shall be
30.23 	deposited in the state treasury and credited to the state highway user tax distribution fund. 
30.24 	Three-eighths of these receipts shall be deposited in the state treasury and credited to the 
30.25 	state general revenue fund of the county, except that in a county in a judicial district 
30.26 	under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be 
30.27 	transmitted to the commissioner of finance for deposit in the state treasury and credited 
30.28 	to the general fund.

30.29 	EFFECTIVE DATE. This section is effective July 1, 2009.

30.30 	Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
30.31 		Subd. 2.Fee amounts. The fees to be charged and collected by the court 
30.32 	administrator shall be as follows:
30.33 	(1) In every civil action or proceeding in said court, including any case arising under 
30.34 	the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, 
31.1 	petitioner, or other moving party shall pay, when the first paper is filed for that party in said 
31.2 	action, a fee of $240 $300, except in marriage dissolution actions the fee is $270 $330.
31.3 	The defendant or other adverse or intervening party, or any one or more of several 
31.4 	defendants or other adverse or intervening parties appearing separately from the others, 
31.5 	shall pay, when the first paper is filed for that party in said action, a fee of $240 $300, 
31.6 	except in marriage dissolution actions the fee is $270 $330.
31.7 	The party requesting a trial by jury shall pay $75 $100.
31.8 	The fees above stated shall be the full trial fee chargeable to said parties irrespective 
31.9 	of whether trial be to the court alone, to the court and jury, or disposed of without trial, 
31.10 	and shall include the entry of judgment in the action, but does not include copies or 
31.11 	certified copies of any papers so filed or proceedings under chapter 103E, except the 
31.12 	provisions therein as to appeals.
31.13 	(2) Certified copy of any instrument from a civil or criminal proceeding, $10 $14, 
31.14 	and $5 $8 for an uncertified copy.
31.15 	(3) Issuing a subpoena, $12 $16 for each name.
31.16 	(4) Filing a motion or response to a motion in civil, family, excluding child support, 
31.17 	and guardianship cases, $55 $100.
31.18 	(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, 
31.19 	injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not 
31.20 	specifically mentioned, $40 $55.
31.21 	(6) Issuing a transcript of judgment, or for filing and docketing a transcript of 
31.22 	judgment from another court, $30 $40.
31.23 	(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment 
31.24 	of judgment, $5.
31.25 	(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each 
31.26 	name certified to.
31.27 	(9) Filing and indexing trade name; or recording basic science certificate; 
31.28 	or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or 
31.29 	optometrists, $5.
31.30 	(10) For the filing of each partial, final, or annual account in all trusteeships, $40 $55.
31.31 	(11) For the deposit of a will, $20 $27.
31.32 	(12) For recording notary commission, $100, of which, notwithstanding subdivision 
31.33 	1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited 
31.34 	in the state treasury and credited to the general fund.
31.35 	(13) Filing a motion or response to a motion for modification of child support, 
31.36 	a fee of $55 $100.
32.1 	(14) All other services required by law for which no fee is provided, such fee 
32.2 	as compares favorably with those herein provided, or such as may be fixed by rule or 
32.3 	order of the court.
32.4 	(15) In addition to any other filing fees under this chapter, a surcharge in the 
32.5 	amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for 
32.6 	each adoption petition filed in district court to fund the fathers' adoption registry under 
32.7 	section 259.52.
32.8 	The fees in clauses (3) and (5) need not be paid by a public authority or the party 
32.9 	the public authority represents.

32.10 	EFFECTIVE DATE. This section is effective July 1, 2009.

32.11 	Sec. 24. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
32.12 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
32.13 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
32.14 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, 
32.15 	or petty misdemeanor offense, other than a violation of a law or ordinance relating to 
32.16 	vehicle parking, for which there shall be a $4 $5 surcharge. When a defendant is convicted 
32.17 	of more than one offense in a case, the surcharge shall be imposed only once in that 
32.18 	case. In the Second Judicial District, the court shall impose, and the court administrator 
32.19 	shall collect, an additional $1 surcharge on every person convicted of any felony, gross 
32.20 	misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law 
32.21 	or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners 
32.22 	authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is 
32.23 	sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed 
32.24 	when a person is convicted of a petty misdemeanor for which no fine is imposed.
32.25 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
32.26 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
32.27 	correct the record.
32.28 	(c) The court may not waive payment of the surcharge required under this 
32.29 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
32.30 	or the convicted person's immediate family, the sentencing court may authorize payment 
32.31 	of the surcharge in installments.
32.32 	(d) The court administrator or other entity collecting a surcharge shall forward it 
32.33 	to the commissioner of finance.
32.34 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
32.35 	surcharge before the term of imprisonment begins, the chief executive officer of the 
33.1 	correctional facility in which the convicted person is incarcerated shall collect the 
33.2 	surcharge from any earnings the inmate accrues from work performed in the facility 
33.3 	or while on conditional release. The chief executive officer shall forward the amount 
33.4 	collected to the commissioner of finance court administrator or other entity collecting the 
33.5 	surcharge imposed by the court.

33.6 	EFFECTIVE DATE. This section is effective July 1, 2009.

33.7 	Sec. 25. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
33.8 		Subd. 7.Disbursement of surcharges by commissioner of finance. (a) Except 
33.9 	as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse 
33.10 	surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:
33.11 	(1) one percent shall be credited to the game and fish fund to provide peace officer 
33.12 	training for employees of the Department of Natural Resources who are licensed under 
33.13 	sections 626.84 to 626.863, and who possess peace officer authority for the purpose of 
33.14 	enforcing game and fish laws;
33.15 	(2) 39 percent shall be credited to the peace officers training account in the special 
33.16 	revenue fund; and
33.17 	(3) 60 percent shall be credited to the general fund.
33.18 	(b) The commissioner of finance shall credit $3 of each surcharge received under 
33.19 	subdivision 6 and section 97A.065, subdivision 2, to the general fund.
33.20 	(c) In addition to any amounts credited under paragraph (a), the commissioner 
33.21 	of finance shall credit $47 of each surcharge received under subdivision 6 and section 
33.22 	97A.065, subdivision 2, and the $4 $5 parking surcharge, to the general fund.
33.23 	(d) If the Ramsey County Board of Commissioners authorizes imposition of 
33.24 	the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court 
33.25 	administrator in the Second Judicial District shall transmit the surcharge to the 
33.26 	commissioner of finance. The $1 special surcharge is deposited in a Ramsey County 
33.27 	surcharge account in the special revenue fund and amounts in the account are appropriated 
33.28 	to the trial courts for the administration of the petty misdemeanor diversion program 
33.29 	operated by the Second Judicial District Ramsey County Violations Bureau.

33.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

33.31 	Sec. 26. Minnesota Statutes 2008, section 357.022, is amended to read:
33.32 	357.022 CONCILIATION COURT FEE.
34.1 	The court administrator in every county shall charge and collect a filing fee of $50
34.2 	$65 from every plaintiff and from every defendant when the first paper for that party is 
34.3 	filed in any conciliation court action. This section does not apply to conciliation court 
34.4 	actions filed by the state. The court administrator shall transmit the fees monthly to the 
34.5 	commissioner of finance for deposit in the state treasury and credit to the general fund.

34.6 	EFFECTIVE DATE. This section is effective July 1, 2009.

34.7 	Sec. 27. Minnesota Statutes 2008, section 357.08, is amended to read:
34.8 	357.08 PAID BY APPELLANT IN APPEAL.
34.9 	There shall be paid to the clerk of the appellate courts by the appellant, or moving 
34.10 	party or person requiring the service, in all cases of appeal, certiorari, habeas corpus, 
34.11 	mandamus, injunction, prohibition, or other original proceeding, when initially filed with 
34.12 	the clerk of the appellate courts, the sum of $500 $550 to the clerk of the appellate courts. 
34.13 	An additional filing fee of $100 shall be required for a petition for accelerated review by 
34.14 	the Supreme Court. A filing fee of $500 $550 shall be paid to the clerk of the appellate 
34.15 	courts upon the filing of a petition for review from a decision of the Court of Appeals. A 
34.16 	filing fee of $500 $550 shall be paid to the clerk of the appellate courts upon the filing 
34.17 	of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of 
34.18 	the appellate courts upon the filing by a respondent of a notice of review. The clerk shall 
34.19 	transmit the fees to the commissioner of finance for deposit in the state treasury and 
34.20 	credit to the general fund.
34.21 	The clerk shall not file any paper, issue any writ or certificate, or perform any service 
34.22 	enumerated herein, until the payment has been made for it. The clerk shall pay the sum 
34.23 	into the state treasury as provided for by section 15A.01.  
34.24 	The charges provided for shall not apply to disbarment proceedings, nor to an 
34.25 	action or proceeding by the state taken solely in the public interest, where the state is the 
34.26 	appellant or moving party, nor to copies of the opinions of the court furnished by the clerk 
34.27 	to the parties before judgment, or furnished to the district judge whose decision is under 
34.28 	review, or to such law library associations in counties having a population exceeding 
34.29 	50,000, as the court may direct.

34.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

34.31 	Sec. 28. Minnesota Statutes 2008, section 364.08, is amended to read:
34.32 	364.08 PRACTICE OF LAW; EXCEPTION.
35.1 	This chapter shall not apply to the practice of law or judicial branch employment; 
35.2 	but nothing in this section shall be construed to preclude the Supreme Court, in its 
35.3 	discretion, from adopting the policies set forth in this chapter.

35.4 	EFFECTIVE DATE. This section is effective July 1, 2009.

35.5 	Sec. 29. Minnesota Statutes 2008, section 375.14, is amended to read:
35.6 	375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
35.7 	The county board shall provide offices at the county seat for the auditor, treasurer, 
35.8 	county recorder, sheriff, court administrator of the district court, and an office for the 
35.9 	county engineer at a site determined by the county board, with suitable furniture and 
35.10 	safes and vaults for the security and preservation of the books and papers of the offices, 
35.11 	and provide heating, lighting, and maintenance of the offices. The board shall furnish 
35.12 	all county officers with all books, stationery, letterheads, envelopes, postage, telephone 
35.13 	service, office equipment, electronic technology, and supplies necessary to the discharge 
35.14 	of their respective duties and make like provision for the judges of the district court 
35.15 	as necessary to the discharge of their duties within the county or concerning matters 
35.16 	arising in it. The board is not required to furnish any county officer with professional or 
35.17 	technical books or instruments except when the board deems them directly necessary to 
35.18 	the discharge of official duties as part of the permanent equipment of the office.

35.19 	EFFECTIVE DATE. This section is effective July 1, 2009.

35.20 	Sec. 30. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision 
35.21 	to read:
35.22 		Subd. 10c.Uniform collections policies and procedures for courts. (a) 
35.23 	Notwithstanding chapter 16D, the state court administrator under the direction of the 
35.24 	Judicial Council may promulgate uniform collections policies and procedures for the 
35.25 	courts and may contract with credit bureaus, public and private collection agencies, the 
35.26 	Department of Revenue, and other public or private entities providing collection services 
35.27 	as necessary for the collection of court debts. The court collection process and procedures 
35.28 	are not subject to section 16A.125 or chapter 16D.
35.29 	(b) Court debt means an amount owed to the state directly or through the judicial 
35.30 	branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, 
35.31 	court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, 
35.32 	liability owed, an assignment to the judicial branch, recovery of costs incurred by the 
35.33 	judicial branch, or any other source of indebtedness to the judicial branch as well as 
36.1 	amounts owed to other public or private entities for which the judicial branch acts in 
36.2 	providing collection services, or any other amount owed to the judicial branch.
36.3 	(c) The courts must pay for the collection services of public or private collection 
36.4 	entities as well as the cost of one or more court employees to provide collection interface 
36.5 	services between the Department of Revenue, the courts, and one or more collection 
36.6 	entities from the money collected. The portion of the money collected which must be paid 
36.7 	to the collection entity as collection fees and costs and the portion of the money collected 
36.8 	which must be paid to the courts or Department of Revenue for collection services are 
36.9 	appropriated from the fund to which the collected money is due.
36.10 	(d) As determined by the state court administrator, collection costs shall be added to 
36.11 	the debts referred to a public or private collection entity for collection.
36.12 	Collection costs shall include the fees of the collection entity, and may include, if 
36.13 	separately provided, skip tracing fees, credit bureau reporting charges, fees assessed 
36.14 	by any public entity for obtaining information necessary for debt collection, or other 
36.15 	collection-related costs. Collection costs shall also include the costs of one or more court 
36.16 	employees employed by the state court administrator to provide a collection interface 
36.17 	between the collection entity, the Department of Revenue, and the courts.
36.18 	If the collection entity collects an amount less than the total due, the payment is 
36.19 	applied proportionally to collection costs and the underlying debt. Collection costs in 
36.20 	excess of collection agency fees and court employee collection interface costs must be 
36.21 	deposited in the general fund as nondedicated receipts.

36.22 	EFFECTIVE DATE. This section is effective July 1, 2009.

36.23 	Sec. 31. Minnesota Statutes 2008, section 484.85, is amended to read:
36.24 	484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; 
36.25 	ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
36.26 	(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 
36.27 	for the violation of a statute or ordinance by the state or a governmental subdivision other 
36.28 	than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 
36.29 	paid over to the county treasurer except where a different disposition is provided by law, 
36.30 	and the following fees shall be taxed to the state or governmental subdivision other than 
36.31 	a city or town within Ramsey County which would be entitled to payment of the fines, 
36.32 	forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 
36.33 	disposal of the matter. The administrator shall deduct the fees from any fine collected for 
36.34 	the state of Minnesota or a governmental subdivision other than a city or town within 
37.1 	Ramsey County and transmit the balance in accordance with the law, and the deduction of 
37.2 	the total of the fees each month from the total of all the fines collected is hereby expressly 
37.3 	made an appropriation of funds for payment of the fees: 
37.4 	(1) in all cases where the defendant is brought into court and pleads guilty and is 
37.5 	sentenced, or the matter is otherwise disposed of without a trial, $5;
37.6 	(2) in arraignments where the defendant waives a preliminary examination, $10;
37.7 	(3) in all other cases where the defendant stands trial or has a preliminary 
37.8 	examination by the court, $15; and 
37.9 	(4) the court shall have the authority to waive the collection of fees in any particular 
37.10 	case.
37.11 	(b) On or before the last day of each month, the county treasurer shall pay over 
37.12 	to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 
37.13 	collected and to the treasurer of each other municipality or subdivision of government in 
37.14 	Ramsey County one-half of all fines or penalties collected during the previous month from 
37.15 	those imposed for offenses committed within the treasurer's municipality or subdivision 
37.16 	of government in violation of a statute; an ordinance; or a charter provision, rule, or 
37.17 	regulation of a city. All other fines and forfeitures and all fees and costs collected by the 
37.18 	district court shall be paid to the treasurer of Ramsey County, who shall dispense the 
37.19 	same as provided by law. 
37.20 	(a) In all cases prosecuted in Ramsey County District Court by an attorney for a 
37.21 	municipality or subdivision of government within Ramsey County for violation of a 
37.22 	statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, 
37.23 	and forfeitures collected by the court administrator shall be forwarded to the commissioner 
37.24 	of finance and distributed according to this paragraph. Except where a different disposition 
37.25 	is provided by section 299D.03, subdivision 5, or other law, on or before the last day of 
37.26 	each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures 
37.27 	collected by the court administrator during the previous month as follows:
37.28 	(1) for offenses committed within the city of St. Paul, two-thirds paid to the 
37.29 	treasurer of the city of St. Paul and one-third deposited in the state treasury and credited 
37.30 	to the general fund; and
37.31 	(2) for offenses committed within any other municipality or subdivision of 
37.32 	government within Ramsey County, one-half to the treasurer of the municipality or 
37.33 	subdivision of government and one-half deposited in the state treasury and credited to the 
37.34 	general fund.
37.35 	All other fines, penalties, and forfeitures collected by the district court shall be 
37.36 	forwarded to the commissioner of finance, who shall distribute them as provided by law.
38.1 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph 
38.2 	(a) when:
38.3 	(1) a city contracts with the county attorney for prosecutorial services under section 
38.4 	484.87, subdivision 3; or
38.5 	(2) the attorney general provides assistance to the city attorney under section 484.87, 
38.6 	subdivision 5.
38.7 	(c) The court administrator shall provide the commissioner of finance with the name 
38.8 	of the municipality or other subdivision of government where the offense was committed 
38.9 	and the total amount of fines or penalties collected for each city, town, or other subdivision 
38.10 	of government, for the county, or for the state.

38.11 	EFFECTIVE DATE. This section is effective July 1, 2009.

38.12 	Sec. 32. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
38.13 		Subd. 6. Allocation.  The court administrator shall provide the county treasurer with 
38.14 	the name of the municipality or other subdivision of government where the offense was 
38.15 	committed which employed or provided by contract the arresting or apprehending officer 
38.16 	and the name of the municipality or other subdivision of government which employed the 
38.17 	prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 
38.18 	penalty and the total amount of fines or penalties collected for each municipality or other 
38.19 	subdivision of government. On or before the last day of each month, the county treasurer 
38.20 	shall pay over to the treasurer of each municipality or subdivision of government within 
38.21 	the county all fines or penalties for parking violations for which complaints and warrants 
38.22 	have not been issued and one-third of all fines or penalties collected during the previous 
38.23 	month for offenses committed within the municipality or subdivision of government 
38.24 	from persons arrested or issued citations by officers employed by the municipality or 
38.25 	subdivision or provided by the municipality or subdivision by contract. An additional 
38.26 	one-third of all fines or penalties shall be paid to the municipality or subdivision of 
38.27 	government providing prosecution of offenses of the type for which the fine or penalty 
38.28 	is collected occurring within the municipality or subdivision, imposed for violations of 
38.29 	state statute or of an ordinance, charter provision, rule, or regulation of a city whether or 
38.30 	not a guilty plea is entered or bail is forfeited. Except as provided in section 299D.03, 
38.31 	subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees 
38.32 	and statutory court costs collected by the court administrator shall be paid to the county 
38.33 	treasurer of the county in which the funds were collected who shall dispense them as 
38.34 	provided by law. In a county in a judicial district under section 480.181, subdivision 1, 
38.35 	paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to 
39.1 	the commissioner of finance for deposit in the state treasury and credited to the general 
39.2 	fund. (a) In all cases prosecuted in district court by an attorney for a municipality or 
39.3 	other subdivision of government within the county for violations of state statute, or of 
39.4 	an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and 
39.5 	forfeitures collected shall be forwarded to the commissioner of finance and distributed 
39.6 	according to this paragraph. Except where a different disposition is provided by section 
39.7 	299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each 
39.8 	month, the commissioner of finance shall pay over all fines, penalties, and forfeitures 
39.9 	collected by the court administrator during the previous month as follows:
39.10 	(1) 100 percent of all fines or penalties for parking violations for which complaints 
39.11 	and warrants have not been issued to the treasurer of the city or town in which the offense 
39.12 	was committed; and
39.13 	(2) two-thirds of all other fines to the treasurer of the city or town in which the 
39.14 	offense was committed and one-third deposited in the state treasury and credited to the 
39.15 	general fund.
39.16 	All other fines, penalties, and forfeitures collected by the court administrator shall be 
39.17 	forwarded to the commissioner of finance, who shall distribute them as provided by law.
39.18 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph 
39.19 	(a) when:
39.20 	(1) a city contracts with the county attorney for prosecutorial services under section 
39.21 	484.87, subdivision 3;
39.22 	(2) a city has a population of 600 or less and has given the duty to prosecute cases to 
39.23 	the county attorney under section 484.87; or
39.24 	(3) the attorney general provides assistance to the county attorney as permitted 
39.25 	by law.
39.26 	(c) The court administrator shall provide the commissioner of finance with the name 
39.27 	of the city, town, or other subdivision of government where the offense was committed 
39.28 	and the total amount of fines or penalties collected for each city, town, or other subdivision 
39.29 	of government, for the county, or for the state.

39.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

39.31 	Sec. 33. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
39.32 		Subd. 9.Judgment debtor disclosure. Notwithstanding any contrary provision in 
39.33 	rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a 
39.34 	conciliation court judgment or a judgment of district court on removal from conciliation 
39.35 	court has been docketed in district court, the judgment creditor's attorney as an officer of 
40.1 	the court may or the district court in the county in which the judgment originated shall, 
40.2 	upon request of the judgment creditor, order the judgment debtor to mail to the judgment 
40.3 	creditor information as to the nature, amount, identity, and locations of all the debtor's 
40.4 	assets, liabilities, and personal earning. The information must be provided on a form 
40.5 	prescribed by the Supreme Court, and the information shall be sufficiently detailed to 
40.6 	enable the judgment creditor to obtain satisfaction of the judgment by way of execution on 
40.7 	nonexempt assets and earnings of the judgment debtor. The order must contain a notice 
40.8 	that failure to complete the form and mail it to the judgment creditor within ten days after 
40.9 	service of the order may result in a citation for civil contempt of court. Cash bail posted as 
40.10 	a result of being cited for civil contempt of court order under this section may be ordered 
40.11 	payable to the creditor to satisfy the judgment, either partially or fully.

40.12 	EFFECTIVE DATE. This section is effective July 1, 2009.

40.13 	Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
40.14 		Subdivision 1.Original documents. The court administrator of any county upon 
40.15 	order of the judge exercising probate jurisdiction may destroy all the original documents 
40.16 	in any probate proceeding of record in the office five years after the file in such proceeding 
40.17 	has been closed provided the original or a Minnesota state archives commission approved 
40.18 	photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy 
40.19 	of the original of the following enumerated documents in the proceeding are on file in 
40.20 	the office.
40.21 	Enumerated original documents:
40.22 	(a) In estates, the jurisdictional petition and proof of publication of the notice of 
40.23 	hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders 
40.24 	directing and confirming sale, mortgage, lease, or for conveyance of real estate; order 
40.25 	setting apart statutory selection; receipts for federal estate taxes and state estate taxes; 
40.26 	orders of distribution and general protection; decrees of distribution; federal estate tax 
40.27 	closing letter, consent to discharge by commissioner of revenue and order discharging 
40.28 	representative; and any amendment of the listed documents.
40.29 	When an estate is deemed closed as provided in clause (d) of this subdivision, the 
40.30 	enumerated documents shall include all claims of creditors.
40.31 	(b) In guardianships or conservatorships, the jurisdictional petition and order for 
40.32 	hearing thereof with proof of service; letters; orders directing and confirming sale, 
40.33 	mortgage, lease or for conveyance of real estate; order for restoration to capacity and order 
40.34 	discharging guardian; and any amendment of the listed documents.
41.1 	(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of 
41.2 	examination; warrant of commitment; notice of discharge from institution, or notice of 
41.3 	death and order for restoration to capacity; and any amendment of the listed documents.
41.4 	(d) Except for the enumerated documents described in this subdivision, the court 
41.5 	administrator may destroy all other original documents in any probate proceeding without 
41.6 	retaining any reproduction of the document. For the purpose of this subdivision, a 
41.7 	proceeding is deemed closed if no document has been filed in the proceeding for a period 
41.8 	of 15 years, except in the cases of wills filed for safekeeping and those containing wills of 
41.9 	decedents not adjudicated upon.

41.10 	EFFECTIVE DATE. This section is effective July 1, 2009.

41.11 	Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
41.12 		Subdivision 1.When owed; rate. (a) When a judgment or award is for the recovery 
41.13 	of money, including a judgment for the recovery of taxes, interest from the time of 
41.14 	the verdict, award, or report until judgment is finally entered shall be computed by the 
41.15 	court administrator or arbitrator as provided in paragraph (c) and added to the judgment 
41.16 	or award.
41.17 	(b) Except as otherwise provided by contract or allowed by law, preverdict, 
41.18 	preaward, or prereport interest on pecuniary damages shall be computed as provided 
41.19 	in paragraph (c) from the time of the commencement of the action or a demand for 
41.20 	arbitration, or the time of a written notice of claim, whichever occurs first, except as 
41.21 	provided herein. The action must be commenced within two years of a written notice of 
41.22 	claim for interest to begin to accrue from the time of the notice of claim. If either party 
41.23 	serves a written offer of settlement, the other party may serve a written acceptance or a 
41.24 	written counteroffer within 30 days. After that time, interest on the judgment or award 
41.25 	shall be calculated by the judge or arbitrator in the following manner. The prevailing 
41.26 	party shall receive interest on any judgment or award from the time of commencement 
41.27 	of the action or a demand for arbitration, or the time of a written notice of claim, or as 
41.28 	to special damages from the time when special damages were incurred, if later, until the 
41.29 	time of verdict, award, or report only if the amount of its offer is closer to the judgment or 
41.30 	award than the amount of the opposing party's offer. If the amount of the losing party's 
41.31 	offer was closer to the judgment or award than the prevailing party's offer, the prevailing 
41.32 	party shall receive interest only on the amount of the settlement offer or the judgment or 
41.33 	award, whichever is less, and only from the time of commencement of the action or a 
41.34 	demand for arbitration, or the time of a written notice of claim, or as to special damages 
41.35 	from when the special damages were incurred, if later, until the time the settlement offer 
42.1 	was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers 
42.2 	and counteroffers. For the purposes of clause (2), the amount of settlement offer must 
42.3 	be allocated between past and future damages in the same proportion as determined by 
42.4 	the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict, 
42.5 	preaward, or prereport interest shall not be awarded on the following:
42.6 	(1) judgments, awards, or benefits in workers' compensation cases, but not including 
42.7 	third-party actions;
42.8 	(2) judgments or awards for future damages;
42.9 	(3) punitive damages, fines, or other damages that are noncompensatory in nature;
42.10 	(4) judgments or awards not in excess of the amount specified in section 491A.01; 
42.11 	and 
42.12 	(5) that portion of any verdict, award, or report which is founded upon interest, or 
42.13 	costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
42.14 	(c)(1) For a judgment or award of $50,000 or less, the interest shall be computed as 
42.15 	simple interest per annum. The rate of interest shall be based on the secondary market 
42.16 	yield of one year United States Treasury bills, calculated on a bank discount basis as 
42.17 	provided in this section.
42.18 	On or before the 20th day of December of each year the state court administrator 
42.19 	shall determine the rate from the one-year constant maturity treasury yield for the most 
42.20 	recent calendar month, reported on a monthly basis in the latest statistical release of the 
42.21 	board of governors of the Federal Reserve System. This yield, rounded to the nearest one 
42.22 	percent, or four percent, whichever is greater, shall be the annual interest rate during the 
42.23 	succeeding calendar year. The state court administrator shall communicate the interest 
42.24 	rates to the court administrators and sheriffs for use in computing the interest on verdicts 
42.25 	and shall make the interest rates available to arbitrators.
42.26 	(2) For a judgment or award over $50,000, the interest rate shall be ten percent 
42.27 	per year.
42.28 	(3) When a judgment creditor, or the judgment creditor's attorney or agent, has 
42.29 	received a payment after entry of judgment, whether the payment is made voluntarily by 
42.30 	or on behalf of the judgment debtor, or is collected by legal process other than execution 
42.31 	levy where a proper return has been filed with the court administrator, the judgment 
42.32 	creditor, or the judgment creditor's attorney, before applying to the court administrator 
42.33 	for an execution shall file with the court administrator an affidavit of partial satisfaction. 
42.34 	The affidavit must state the dates and amounts of payments made upon the judgment after 
42.35 	the most recent affidavit of partial satisfaction filed, if any; the part of each payment that 
42.36 	is applied to taxable disbursements and to accrued interest and to the unpaid principal 
43.1 	balance of the judgment; and the accrued, but the unpaid interest owing, if any, after 
43.2 	application of each payment.
43.3 	(d) This section does not apply to arbitrations between employers and employees 
43.4 	under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from 
43.5 	awarding interest under chapter 179 or under section 179A.16 for essential employees. 

43.6 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
43.7 	judgments and awards finally entered on or after that date.

43.8 	Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
43.9 	550.011 JUDGMENT DEBTOR DISCLOSURE.
43.10 	Unless the parties have otherwise agreed, if a judgment has been docketed in 
43.11 	district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's 
43.12 	attorney as an officer of the court may or the district court in the county in which the 
43.13 	judgment originated shall, upon request of the judgment creditor, order the judgment 
43.14 	debtor to mail by certified mail to the judgment creditor information as to the nature, 
43.15 	amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings. 
43.16 	The information must be provided on a form prescribed by the Supreme Court, and 
43.17 	the information shall be sufficiently detailed to enable the judgment creditor to obtain 
43.18 	satisfaction of the judgment by way of execution on nonexempt assets and earnings of the 
43.19 	judgment debtor. The order must contain a notice that failure to complete the form and 
43.20 	mail it to the judgment creditor within ten days after service of the order may result in a 
43.21 	citation for civil contempt of court. Cash bail posted as a result of being cited for civil 
43.22 	contempt of court order under this section may be ordered payable to the creditor to 
43.23 	satisfy the judgment, either partially or fully.

43.24 	EFFECTIVE DATE. This section is effective July 1, 2009.

43.25 	Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
43.26 		Subd. 2.Consecutive sentences. (a) When a person is being sentenced for a 
43.27 	violation of a provision listed in paragraph (e), the court may sentence the person to a 
43.28 	consecutive term of imprisonment for a violation of any other provision listed in paragraph 
43.29 	(e), notwithstanding the fact that the offenses arose out of the same course of conduct, 
43.30 	subject to the limitation on consecutive sentences contained in section 609.15, subdivision 
43.31 	2, and except as provided in paragraphs (b), (c), and (f) of this subdivision. 
44.1 	(b) When a person is being sentenced for a violation of section 171.09, 171.20, 
44.2 	171.24, or 171.30, the court may not impose a consecutive sentence for another violation 
44.3 	of a provision in chapter 171. 
44.4 	(c) When a person is being sentenced for a violation of section 169.791 or 169.797, 
44.5 	the court may not impose a consecutive sentence for another violation of a provision 
44.6 	of sections 169.79 to 169.7995. 
44.7 	(d) This subdivision does not limit the authority of the court to impose consecutive 
44.8 	sentences for crimes arising on different dates or to impose a consecutive sentence when a 
44.9 	person is being sentenced for a crime and is also in violation of the conditions of a stayed 
44.10 	or otherwise deferred sentence under section 609.135. 
44.11 	(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 
44.12 	the following if the offender has two or more prior impaired driving convictions as defined 
44.13 	in section 169A.03 within the past ten years: 
44.14 	(1) section 169A.20, subdivision 1, 1a, 1b, or 1c, driving while impaired; 
44.15 	(2) section 169A.20, subdivision 2, test refusal; 
44.16 	(3) section 169.791, failure to provide proof of insurance; 
44.17 	(4) section 169.797, failure to provide vehicle insurance; 
44.18 	(5) section 171.09, violation of condition of restricted license; 
44.19 	(6) section 171.20, subdivision 2, operation after revocation, suspension, 
44.20 	cancellation, or disqualification; 
44.21 	(7) section 171.24, driving without valid license; and 
44.22 	(8) section 171.30, violation of condition of limited license. 
44.23 	(f) When a court is sentencing an offender for a violation of section 169A.20 and a 
44.24 	violation of an offense listed in paragraph (e), and the offender has five or more qualified 
44.25 	prior impaired driving incidents, as defined in section 169A.03, within the past ten years, 
44.26 	the court shall sentence the offender to serve consecutive sentences for the offenses, 
44.27 	notwithstanding the fact that the offenses arose out of the same course of conduct. 

44.28 	Sec. 38. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
44.29 		Subdivision 1.Sentences available. (a) Upon conviction of a felony and compliance 
44.30 	with the other provisions of this chapter the court, if it imposes sentence, may sentence 
44.31 	the defendant to the extent authorized by law as follows:
44.32 	(1) to life imprisonment; or
44.33 	(2) to imprisonment for a fixed term of years set by the court; or
44.34 	(3) to both imprisonment for a fixed term of years and payment of a fine; or
45.1 	(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of 
45.2 	years if the fine is not paid or as an intermediate sanction on a stayed sentence; or
45.3 	(5) to payment of court-ordered restitution in addition to either imprisonment 
45.4 	or payment of a fine, or both; or
45.5 	(6) to payment of a local correctional fee as authorized under section 609.102 in 
45.6 	addition to any other sentence imposed by the court.  
45.7 	(b) If the court imposes a fine or orders restitution under paragraph (a), payment is 
45.8 	due on the date imposed unless the court otherwise establishes a due date or a payment 
45.9 	plan.

45.10 	EFFECTIVE DATE. This section is effective July 1, 2009.

45.11 	Sec. 39. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
45.12 		Subd. 4.Minimum fines; other crimes. Notwithstanding any other law:
45.13 	(1) when a court sentences a person convicted of a felony that is not listed in 
45.14 	subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
45.15 	authorized by law nor more than the maximum fine authorized by law; and
45.16 	(2) when a court sentences a person convicted of a gross misdemeanor or 
45.17 	misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
45.18 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
45.19 	authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
45.20 	established by the Judicial Council in consultation with affected state and local agencies. 
45.21 	This schedule shall be promulgated not later than September 1 of each year and shall 
45.22 	become effective on January 1 of the next year unless the legislature, by law, provides 
45.23 	otherwise according to section 609.1315.
45.24 	The minimum fine required by this subdivision is in addition to the surcharge or 
45.25 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
45.26 	of imprisonment or restitution imposed or ordered by the court. 
45.27 	The court shall collect the fines mandated in this subdivision and, except for fines for 
45.28 	traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and 
45.29 	fish and game violations governed by section 97A.065, forward 20 percent of the revenues 
45.30 	to the commissioner of finance for deposit in the general fund. 

45.31 	EFFECTIVE DATE. This section is effective July 1, 2009.

45.32 	Sec. 40. [609.104] FINE AND SURCHARGE COLLECTION.
46.1 		Subdivision 1.Failure to pay restitution or fine. (a) Any portion of a fine, 
46.2 	surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may 
46.3 	be referred for collection under section 480.15, subdivision 10c. If the defendant has 
46.4 	agreed to a payment plan but fails to pay an installment when due, the entire amount 
46.5 	remaining becomes due and payable and may be referred for collection under section 
46.6 	480.15, subdivision 10c.
46.7 	(b) The defendant may contest the referral for collection based on inability to pay by 
46.8 	requesting a hearing no later than the due date. The defendant shall be notified in writing 
46.9 	at sentencing that under section 480.15, subdivision 10c, the court may refer the case for 
46.10 	collection for nonpayment, and collection costs may be added to the amount due. The 
46.11 	defendant shall also be notified in writing of the right to contest a referral for collection. 
46.12 	The state court administrator shall develop the notice language.
46.13 		Subd. 2.Fine and surcharge collection. (a) A defendant's obligation to pay 
46.14 	court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due 
46.15 	date for a period set by the Judicial Council.
46.16 	(b) Any change in the collection period established by the Judicial Council shall be 
46.17 	effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on 
46.18 	or after the effective date of this section.
46.19 	(c) The period relating to a defendant's obligation to pay restitution under paragraph 
46.20 	(a) does not limit the victim's right to collect restitution through other means such as a 
46.21 	civil judgment.
46.22 	(d) Nothing in this subdivision extends the period of a defendant's stay of sentence 
46.23 	imposition or execution.

46.24 	EFFECTIVE DATE. This section is effective July 1, 2009.

46.25 	Sec. 41. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
46.26 		Subdivision 1.Sentences available. (a) Upon conviction of a misdemeanor or gross 
46.27 	misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, 
46.28 	sentence the defendant:
46.29 	(1) to imprisonment for a definite term; or
46.30 	(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid
46.31 	without imprisonment or as an intermediate sanction on a stayed sentence; or
46.32 	(3) to both imprisonment for a definite term and payment of a fine; or
46.33 	(4) to payment of court-ordered restitution in addition to either imprisonment 
46.34 	or payment of a fine, or both; or
47.1 	(5) to payment of a local correctional fee as authorized under section 609.102 in 
47.2 	addition to any other sentence imposed by the court; or  
47.3 	(6) to perform work service in a restorative justice program in addition to any other 
47.4 	sentence imposed by the court.
47.5 	(b) If the court imposes a fine or orders restitution under paragraph (a), payment is 
47.6 	due on the date imposed unless the court otherwise establishes a due date or a payment 
47.7 	plan.

47.8 	EFFECTIVE DATE. This section is effective July 1, 2009.

47.9 	Sec. 42. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
47.10 		Subd. 3.Use of conviction for enhancement. Notwithstanding any other law, a 
47.11 	conviction for a violation that was originally charged as a misdemeanor and was treated 
47.12 	as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure, or 
47.13 	was treated as a petty misdemeanor by inclusion on the uniform fine schedule, may not 
47.14 	be used as the basis for charging a subsequent violation as a gross misdemeanor rather 
47.15 	than a misdemeanor.

47.16 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
47.17 	violations committed on or after that date.

47.18 	Sec. 43. [609.1315] UNIFORM FINE SCHEDULE.
47.19 		Subdivision 1.Establishment and effective date. The Judicial Council shall 
47.20 	establish a uniform fine schedule in consultation with affected state and local agencies. 
47.21 	The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but 
47.22 	shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine 
47.23 	schedule shall set a fine that may be paid for each offense in lieu of a court appearance. 
47.24 	The uniform fine schedule and any modifications shall be submitted to the legislature for 
47.25 	approval by January 1 of each year and shall become effective on July 1 of that year unless 
47.26 	the legislature, by law, provides otherwise. 
47.27 		Subd. 2.Effect on misdemeanor offenses. Any misdemeanors included on the 
47.28 	uniform fine schedule shall be treated as petty misdemeanors, unless on the third or 
47.29 	subsequent offense the charge is brought by a formal complaint or, for offenses committed 
47.30 	under chapter 169, the violation was committed in a manner or under circumstances so as 
47.31 	to endanger or be likely to endanger any person or property. Nothing in this subdivision 
47.32 	limits the authority of a peace officer to make an arrest for offenses included on the 
48.1 	uniform fine schedule. Nothing in this section limits the operation of section 169.89, 
48.2 	subdivision 1. This subdivision expires on July 1, 2011.
48.3 		Subd. 3.Notice. A defendant must be advised in writing that payment of the fine for 
48.4 	an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to 
48.5 	trial, and waiver of the right to counsel.

48.6 	EFFECTIVE DATE. Subdivision 2 is effective July 1, 2009, and applies to acts 
48.7 	committed on or after that date.

48.8 	Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
48.9 		Subdivision 1.Terms and conditions. (a) Except when a sentence of life 
48.10 	imprisonment is required by law, or when a mandatory minimum sentence is required by 
48.11 	section 609.11, any court may stay imposition or execution of sentence and: 
48.12 	(1) may order intermediate sanctions without placing the defendant on probation; or
48.13 	(2) may place the defendant on probation with or without supervision and on the 
48.14 	terms the court prescribes, including intermediate sanctions when practicable. The court 
48.15 	may order the supervision to be under the probation officer of the court, or, if there is 
48.16 	none and the conviction is for a felony or gross misdemeanor, by the commissioner of 
48.17 	corrections, or in any case by some other suitable and consenting person. Unless the court 
48.18 	directs otherwise, state parole and probation agents and probation officers may impose 
48.19 	community work service or probation violation sanctions, consistent with section 243.05, 
48.20 	subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5. 
48.21 	No intermediate sanction may be ordered performed at a location that fails to 
48.22 	observe applicable requirements or standards of chapter 181A or 182, or any rule 
48.23 	promulgated under them.
48.24 	(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term 
48.25 	"intermediate sanctions" includes but is not limited to incarceration in a local jail or 
48.26 	workhouse, home detention, electronic monitoring, intensive probation, sentencing to 
48.27 	service, reporting to a day reporting center, chemical dependency or mental health 
48.28 	treatment or counseling, restitution, fines, day-fines, community work service, work 
48.29 	service in a restorative justice program, work in lieu of or to work off fines and, with the 
48.30 	victim's consent, work in lieu of or to work off restitution. 
48.31 	(c) A court may not stay the revocation of the driver's license of a person convicted 
48.32 	of violating the provisions of section 169A.20. 
48.33 	(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, 
48.34 	payment is due on the date imposed unless the court otherwise establishes a due date 
48.35 	or a payment plan.

49.1 	EFFECTIVE DATE. This section is effective July 1, 2009.

49.2 	Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
49.3 		Subd. 1a.Failure to pay restitution or fine. If the court orders payment of 
49.4 	restitution or a fine as a condition of probation and if the defendant fails to pay the 
49.5 	restitution or a fine in accordance with the payment schedule or structure established 
49.6 	by the court or the probation officer, the prosecutor or the defendant's probation officer 
49.7 	may, on the prosecutor's or the officer's own motion or at the request of the victim, 
49.8 	ask the court to hold a hearing to determine whether or not the conditions of probation 
49.9 	should be changed or probation should be revoked. The defendant's probation officer 
49.10 	shall ask for the hearing if the restitution or fine ordered has not been paid prior to 60 
49.11 	days before the term of probation expires. The court shall schedule and hold this hearing 
49.12 	and take appropriate action, including action under subdivision 2, paragraph (g), before 
49.13 	the defendant's term of probation expires.
49.14 	Nothing in this subdivision limits the court's ability to refer the case to collections 
49.15 	under section 609.104 when a defendant fails to pay court-ordered restitution.

49.16 	EFFECTIVE DATE. This section is effective July 1, 2009.

49.17 	Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
49.18 		Subd. 2.Stay of sentence maximum periods. (a) If the conviction is for a felony 
49.19 	other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not 
49.20 	more than four years or the maximum period for which the sentence of imprisonment 
49.21 	might have been imposed, whichever is longer. 
49.22 	(b) If the conviction is for a gross misdemeanor violation of section 169A.20
49.23 	or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21, 
49.24 	subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The 
49.25 	court shall provide for unsupervised probation for the last year of the stay unless the court 
49.26 	finds that the defendant needs supervised probation for all or part of the last year. 
49.27 	(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the 
49.28 	stay shall be for not more than two years.
49.29 	(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, 
49.30 	subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 
49.31 	609.224, subdivision 1, in which the victim of the crime was a family or household 
49.32 	member as defined in section 518B.01, the stay shall be for not more than two years. The 
49.33 	court shall provide for unsupervised probation for the second year of the stay unless the 
49.34 	court finds that the defendant needs supervised probation for all or part of the second year. 
50.1 	(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay 
50.2 	shall be for not more than one year.
50.3 	(f) The defendant shall be discharged six months after the term of the stay expires, 
50.4 	unless the stay has been revoked or extended under paragraph (g), or the defendant has 
50.5 	already been discharged.
50.6 	(g) Notwithstanding the maximum periods specified for stays of sentences under 
50.7 	paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year 
50.8 	if it finds, at a hearing conducted under subdivision 1a, that:
50.9 	(1) the defendant has not paid court-ordered restitution or a fine in accordance 
50.10 	with the payment schedule or structure; and
50.11 	(2) the defendant is likely to not pay the restitution or fine the defendant owes before 
50.12 	the term of probation expires.
50.13 	This one-year extension of probation for failure to pay restitution or a fine may be 
50.14 	extended by the court for up to one additional year if the court finds, at another hearing 
50.15 	conducted under subdivision 1a, that the defendant still has not paid the court-ordered 
50.16 	restitution or fine that the defendant owes.
50.17 	Nothing in this subdivision limits the court's ability to refer the case to collections 
50.18 	under section 609.104.
50.19 	(h) Notwithstanding the maximum periods specified for stays of sentences under 
50.20 	paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three 
50.21 	years if it finds, at a hearing conducted under subdivision 1c, that:
50.22 	(1) the defendant has failed to complete court-ordered treatment successfully; and
50.23 	(2) the defendant is likely not to complete court-ordered treatment before the term of 
50.24 	probation expires.

50.25 	EFFECTIVE DATE. This section is effective July 1, 2009.

50.26 	Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read:
50.27 	611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; 
50.28 	STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
50.29 	(a) Each judicial district must screen requests for representation by the district public 
50.30 	defender. A defendant is financially unable to obtain counsel if:
50.31 	(1) the defendant, or any dependent of the defendant who resides in the same 
50.32 	household as the defendant, receives means-tested governmental benefits; or
51.1 	(2) the defendant, through any combination of liquid assets and current income, 
51.2 	would be unable to pay the reasonable costs charged by private counsel in that judicial 
51.3 	district for a defense of the same matter.
51.4 	(b) Upon a request for the appointment of counsel, the court shall make appropriate 
51.5 	inquiry into the financial circumstances of the applicant, who shall submit a financial 
51.6 	statement under oath or affirmation setting forth the applicant's assets and liabilities, 
51.7 	including the value of any real property owned by the applicant, whether homestead or 
51.8 	otherwise, less the amount of any encumbrances on the real property, the source or sources 
51.9 	of income, and any other information required by the court. The applicant shall be under 
51.10 	a continuing duty while represented by a public defender to disclose any changes in the 
51.11 	applicant's financial circumstances that might be relevant to the applicant's eligibility for a 
51.12 	public defender. The state public defender shall furnish appropriate forms for the financial 
51.13 	statements. The forms must contain conspicuous notice of the applicant's continuing duty 
51.14 	to disclose to the court changes in the applicant's financial circumstances. The forms must 
51.15 	also contain conspicuous notice of the applicant's obligation to make a co-payment for the 
51.16 	services of the district public defender, as specified under paragraph (c). The information 
51.17 	contained in the statement shall be confidential and for the exclusive use of the court 
51.18 	and the public defender appointed by the court to represent the applicant except for any 
51.19 	prosecution under section 609.48. A refusal to execute the financial statement or produce 
51.20 	financial records constitutes a waiver of the right to the appointment of a public defender. 
51.21 	The court shall not appoint a district public defender to a defendant who is financially able 
51.22 	to retain private counsel but refuses to do so. 
51.23 	An inquiry to determine financial eligibility of a defendant for the appointment of 
51.24 	the district public defender shall be made whenever possible prior to the court appearance 
51.25 	and by such persons as the court may direct. This inquiry may be combined with the 
51.26 	prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02, 
51.27 	subdivision 3. In no case shall the district public defender be required to perform this 
51.28 	inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to 
51.29 	conduct a financial inquiry. The inquiry must include the following: 
51.30 	(1) the liquidity of real estate assets, including the defendant's homestead;
51.31 	(2) any assets that can be readily converted to cash or used to secure a debt;
51.32 	(3) the determination of whether the transfer of an asset is voidable as a fraudulent 
51.33 	conveyance; and
51.34 	(4) the value of all property transfers occurring on or after the date of the alleged 
51.35 	offense. The burden is on the accused to show that he or she is financially unable to afford 
51.36 	counsel. Defendants who fail to provide information necessary to determine eligibility 
52.1 	shall be deemed ineligible. The court must not appoint the district public defender as 
52.2 	advisory counsel.
52.3 	(c) Upon disposition of the case, an individual who has received public defender 
52.4 	services shall pay to the court a $28 $75 co-payment for representation provided by a 
52.5 	public defender, unless the co-payment is, or has been, waived by the court.
52.6 	The co-payment must be credited to the general fund. If a term of probation is 
52.7 	imposed as a part of an offender's sentence, the co-payment required by this section must 
52.8 	not be made a condition of probation. The co-payment required by this section is a civil 
52.9 	obligation and must not be made a condition of a criminal sentence.

52.10 	EFFECTIVE DATE. This section is effective July 1, 2009.

52.11 	Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read:
52.12 	631.48 SENTENCE; COSTS OF PROSECUTION.
52.13 	In a criminal action, upon conviction of the defendant, the court may order as part of 
52.14 	the sentence that defendant shall pay the whole or any part of the disbursements of the 
52.15 	prosecution, including disbursements made to extradite a defendant. The court may order 
52.16 	this payment in addition to any other penalty authorized by law which it may impose. The 
52.17 	payment of the disbursements of prosecution may be enforced in the same manner as the 
52.18 	sentence, or by execution against property. When collected, the disbursements must be 
52.19 	paid into the treasury of the county of conviction, but of ordered prosecution costs shall be 
52.20 	paid to the municipality or subdivision of government which employed the prosecuting 
52.21 	attorney or otherwise provided for prosecution of the case. This payment may not interfere 
52.22 	with the payment of officers', witnesses', or jurors' fees.

52.23 	EFFECTIVE DATE. This section is effective July 1, 2009.

52.24 	Sec. 49. PUBLIC DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.
 52.25 		Subdivision 1.Creation of fee. The state court administrator, through the lawyer 
52.26 	registration office, may assess a public defender fee on each licensed attorney in the state. 
52.27 	The fee must be equal to or greater than the civil legal services fee that licensed attorneys 
52.28 	are required to pay pursuant to the rules of the Supreme Court on lawyer registration.
52.29 		Subd. 2.Creation of account. A public defender fee account is created in the 
52.30 	special revenue fund. The public defender fee is deposited in the public defender fee 
52.31 	account in the special revenue fund. The amounts in the account are appropriated to the 
52.32 	Board of Public Defense.
53.1 		Subd. 3.Purpose of account. The purpose of the public defender fee account is to 
53.2 	provide funding for the Board of Public Defense.
53.3 		Subd. 4.Prohibition on nonpublic defender transfers from account.
 53.4 	Notwithstanding any law to the contrary, money in the public defender fee account shall 
53.5 	be appropriated  solely for the purpose of funding the Board of Public Defense.

53.6 	EFFECTIVE DATE. This section is effective July 1, 2009.

53.7 	Sec. 50.  REPEALER.
 53.8 	Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 
53.9 	2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, 
53.10 	subdivision 8, are repealed.

53.11 	EFFECTIVE DATE. This section is effective July 1, 2009.

53.12 	ARTICLE 3
53.13 	PUBLIC SAFETY AND CORRECTIONS

53.14 	Section 1. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
53.15 		Subd. 3.Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced 
53.16 	to imprisonment for not more than five years or to payment of a fine of not more than 
53.17 	$10,000, or both.
53.18 	(b) If the conviction is a subsequent controlled substance conviction, a person 
53.19 	convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections 
53.20 	or to a local correctional authority for not less than six months nor more than ten years 
53.21 	and, in addition, may be sentenced to payment of a fine of not more than $20,000. Prior 
53.22 	to the time of sentencing, the prosecutor may file a motion to have the person sentenced 
53.23 	without regard to the mandatory minimum sentence established by this paragraph. The 
53.24 	motion must be accompanied by a statement on the record of the reasons for it. When 
53.25 	presented with the motion, or on its own motion, the court may sentence the person 
53.26 	without regard to the mandatory minimum sentence if the court finds, on the record, 
53.27 	substantial and compelling reasons to do so. Sentencing a person in this manner is a 
53.28 	departure from the sentencing guidelines.

53.29 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
53.30 	committed on or after that date.

53.31 	Sec. 2. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
54.1 		Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a) 
54.2 	An individual whose driver's license has been revoked as provided in subdivision 1, 
54.3 	except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's 
54.4 	license is reinstated. 
54.5 	(b) A person whose driver's license has been revoked as provided in subdivision 1 
54.6 	under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge 
54.7 	before the driver's license is reinstated, except as provided in paragraph (f). The $250 
54.8 	fee is to be credited as follows: 
54.9 	(1) Twenty percent must be credited to the driver services operating account in the 
54.10 	special revenue fund as specified in section 299A.705. 
54.11 	(2) Sixty-seven percent must be credited to the general fund. 
54.12 	(3) Eight percent must be credited to a separate account to be known as the Bureau of 
54.13 	Criminal Apprehension account. Money in this account may be is annually appropriated 
54.14 	to the commissioner of public safety and the appropriated amount must be apportioned 
54.15 	80 percent for laboratory costs and 20 percent for carrying out the provisions of section 
54.16 	299C.065. 
54.17 	(4) Five percent must be credited to a separate account to be known as the vehicle 
54.18 	forfeiture account, which is created in the special revenue fund. The money in the account 
54.19 	is annually appropriated to the commissioner for costs of handling vehicle forfeitures. 
54.20 	(c) The revenue from $50 of the surcharge must be credited to a separate account 
54.21 	to be known as the traumatic brain injury and spinal cord injury account. The revenue 
54.22 	from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the 
54.23 	first installment payment to the traumatic brain injury and spinal cord injury account. 
54.24 	The money in the account is annually appropriated to the commissioner of health to be 
54.25 	used as follows: 83 percent for contracts with a qualified community-based organization 
54.26 	to provide information, resources, and support to assist persons with traumatic brain 
54.27 	injury and their families to access services, and 17 percent to maintain the traumatic 
54.28 	brain injury and spinal cord injury registry created in section 144.662. For the purposes 
54.29 	of this paragraph, a "qualified community-based organization" is a private, not-for-profit 
54.30 	organization of consumers of traumatic brain injury services and their family members. 
54.31 	The organization must be registered with the United States Internal Revenue Service under 
54.32 	section 501(c)(3) as a tax-exempt organization and must have as its purposes: 
54.33 	(1) the promotion of public, family, survivor, and professional awareness of the 
54.34 	incidence and consequences of traumatic brain injury; 
54.35 	(2) the provision of a network of support for persons with traumatic brain injury, 
54.36 	their families, and friends; 
55.1 	(3) the development and support of programs and services to prevent traumatic 
55.2 	brain injury; 
55.3 	(4) the establishment of education programs for persons with traumatic brain injury; 
55.4 	and 
55.5 	(5) the empowerment of persons with traumatic brain injury through participation 
55.6 	in its governance. 
55.7 	A patient's name, identifying information, or identifiable medical data must not be 
55.8 	disclosed to the organization without the informed voluntary written consent of the patient 
55.9 	or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient. 
55.10 	(d) The remainder of the surcharge must be credited to a separate account to be 
55.11 	known as the remote electronic alcohol-monitoring program account. The commissioner 
55.12 	shall transfer the balance of this account to the commissioner of finance on a monthly 
55.13 	basis for deposit in the general fund. 
55.14 	(e) When these fees are collected by a licensing agent, appointed under section 
55.15 	171.061, a handling charge is imposed in the amount specified under section 171.061, 
55.16 	subdivision 4. The reinstatement fees and surcharge must be deposited in an approved 
55.17 	depository as directed under section 171.061, subdivision 4. 
55.18 	(f) A person whose driver's license has been revoked as provided in subdivision 
55.19 	1 under section 169A.52 or 169A.54 and who the court certifies as being financially 
55.20 	eligible for a public defender under section 611.17, may choose to pay 50 percent and 
55.21 	an additional $25 of the total amount of the surcharge and 50 percent of the fee required 
55.22 	under paragraph (b) to reinstate the person's driver's license, provided the person meets all 
55.23 	other requirements of reinstatement. If a person chooses to pay 50 percent of the total and 
55.24 	an additional $25, the driver's license must expire after two years. The person must pay an 
55.25 	additional 50 percent less $25 of the total to extend the license for an additional two years, 
55.26 	provided the person is otherwise still eligible for the license. After this final payment of 
55.27 	the surcharge and fee, the license may be renewed on a standard schedule, as provided 
55.28 	under section 171.27. A handling charge may be imposed for each installment payment. 
55.29 	Revenue from the handling charge is credited to the driver services operating account in 
55.30 	the special revenue fund and is appropriated to the commissioner. 
55.31 	(g) Any person making installment payments under paragraph (f), whose driver's 
55.32 	license subsequently expires, or is canceled, revoked, or suspended before payment of 
55.33 	100 percent of the surcharge and fee, must pay the outstanding balance due for the initial 
55.34 	reinstatement before the driver's license is subsequently reinstated. Upon payment of 
55.35 	the outstanding balance due for the initial reinstatement, the person may pay any new 
56.1 	surcharge and fee imposed under paragraph (b) in installment payments as provided 
56.2 	under paragraph (f). 

56.3 	EFFECTIVE DATE. This section is effective July 1, 2009.

56.4 	Sec. 3. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
56.5 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
56.6 	performance report to the chairs and ranking minority members of the senate and house 
56.7 	of representatives committees and divisions having jurisdiction over criminal justice 
56.8 	funding by January 15, 2005, and every other year thereafter. The issuance and content 
56.9 	of the report must include the following:
56.10 	(1) department strategic mission, goals, and objectives;
56.11 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
56.12 	per diem, reported in a standard calculated method as outlined in the departmental policies 
56.13 	and procedures; 
56.14 	(3) department annual statistics as outlined in the departmental policies and 
56.15 	procedures; and
56.16 	(4) information about prison-based mental health programs, including, but not 
56.17 	limited to, the availability of these programs, participation rates, and completion rates.
56.18 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
56.19 	basis. In addition, each year the department shall, on an alternating basis, complete a 
56.20 	recidivism analysis of adult facilities, juvenile services, and the community services 
56.21 	divisions and include a three-year recidivism analysis in the report described in paragraph 
56.22 	(a). The recidivism analysis must: (1) assess education programs, vocational programs, 
56.23 	treatment programs, including mental health programs, industry, and employment; and (2) 
56.24 	assess statewide re-entry policies and funding, including postrelease treatment, education, 
56.25 	training, and supervision. In addition, when reporting recidivism for the department's 
56.26 	adult and juvenile facilities, the department shall report on the extent to which offenders it 
56.27 	has assessed as chemically dependent commit new offenses, with separate recidivism rates 
56.28 	reported for persons completing and not completing the department's treatment programs.
56.29 	(c) By August 31 of each odd-numbered year, the commissioner must present to 
56.30 	the legislature a report that lists and describes the performance measures and targets the 
56.31 	department will include in the biennial performance report. The measures and targets 
56.32 	must include a budget target for the next two years and a history of the department's 
56.33 	performance for the previous five years. At a minimum, the report must include measures 
56.34 	and targets for the data and information identified in paragraphs (a) and (b) regarding per 
56.35 	diem, statistics, inmate programming, and recidivism, and the following:
57.1 	(1) average statutory per diem for adult offenders, female offenders, and juvenile 
57.2 	offenders;
57.3 	(2) community corrections;
57.4 	(3) staffing and salaries for both department divisions and institutions;
57.5 	(4) the use of private and local institutions to house persons committed to the 
57.6 	commissioner;
57.7 	(5) the cost of inmate health and dental care;
57.8 	(6) implementation and use of corrections best practices; and
57.9 	(7) the challenge incarceration program.

57.10 	EFFECTIVE DATE. This section is effective June 1, 2009.

57.11 	Sec. 4. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
57.12 		Subd. 2.Conditional release of certain nonviolent controlled substance 
57.13 	offenders. An offender who has been committed to the commissioner's custody may 
57.14 	petition the commissioner for conditional release from prison before the offender's 
57.15 	scheduled supervised release date or target release date if:
57.16 	(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or 
57.17 	2a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;
57.18 	(2) the offender committed the crime as a result of a controlled substance addiction, 
57.19 	and not primarily for profit;
57.20 	(3) the offender has served at least 36 months or one-half of the offender's term of 
57.21 	imprisonment, whichever is less;
57.22 	(4) the offender successfully completed a chemical dependency treatment program 
57.23 	of the type described in this section while in prison;
57.24 	(5) the offender has not previously been conditionally released under this section; and
57.25 	(6) the offender has not within the past ten years been convicted or adjudicated 
57.26 	delinquent for a violent crime as defined in section 609.1095 other than the current 
57.27 	conviction for the controlled substance offense; and
57.28 	(7) the offender has access upon release to aftercare, community-based chemical 
57.29 	dependency treatment, and housing.

57.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

57.31 	Sec. 5. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
57.32 		Subd. 11.Sunset. This section expires July 1, 2009 2011.

57.33 	EFFECTIVE DATE. This section is effective July 1, 2009.

58.1 	Sec. 6. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
58.2 		Subd. 1a.Mission; efficiency. It is part of the department's mission that within the 
58.3 	department's resources the commissioner shall endeavor to:
58.4 	(1) prevent the waste or unnecessary spending of public money;
58.5 	(2) use innovative fiscal and human resource practices to manage the state's 
58.6 	resources and operate the department as efficiently as possible;
58.7 	(3) coordinate the department's activities wherever appropriate with the activities 
58.8 	of other governmental agencies;
58.9 	(4) use technology where appropriate to increase agency productivity, improve 
58.10 	customer service, increase public access to information about government, and increase 
58.11 	public participation in the business of government;
58.12 	(5) utilize constructive and cooperative labor-management practices to the extent 
58.13 	otherwise required by chapters 43A and 179A; and
58.14 	(6) report to the legislature on the performance of agency operations and the 
58.15 	accomplishment of agency goals in the agency's biennial budget according to section 
58.16 	16A.10, subdivision 1; and  
58.17 	(7) (6) recommend to the legislature appropriate changes in law necessary to carry 
58.18 	out the mission and improve the performance of the department.

58.19 	Sec. 7. Minnesota Statutes 2008, section 299A.01, is amended by adding a subdivision 
58.20 	to read:
58.21 		Subd. 1c.Performance report; performance measures and targets. (a) 
58.22 	The commissioner, as part of the department's mission and within the department's 
58.23 	resources, shall report to the legislature on the performance of agency operations and the 
58.24 	accomplishment of agency goals in the agency's biennial budget according to paragraph 
58.25 	(b) and section 16A.10, subdivision 1. The purpose of the report is to determine the extent 
58.26 	to which each program is accomplishing the program's mission, goals, and objectives.
58.27 	The report may address:
58.28 	(1) factors that limited or delayed achievement of objectives or goals;
58.29 	(2) resources used or saved and efficiencies achieved in reaching program objectives 
58.30 	and goals;
58.31 	(3)	information from customers and partners of the agency regarding the quality of 
58.32 	service and  effectiveness of the agency and the agency's programs;
58.33 	(4) recommendations on elimination of unnecessary or obsolete mandated reports; 
58.34 	and
58.35 	(5) major cases, events, or circumstances that required an agency response.
59.1 	(b) By June 30 of each odd-numbered year, the commissioner must present to the 
59.2 	legislature a report that states the mission, goals, and objectives of each program and lists 
59.3 	and describes the performance measures and targets the department will include in the 
59.4 	performance report required under paragraph (a). The report must include information 
59.5 	on how program goals and objectives were created and who participated in formulating 
59.6 	them. The measures and targets must include a history of the department's performance 
59.7 	for the previous five years. At a minimum, the report must include measures and targets 
59.8 	for the following:
59.9 	(1) staffing and salaries for divisions within the agency;
59.10 	(2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
59.11 	(3) development and funding of the Allied Radio Matrix for Emergency Response 
59.12 	(ARMER);
59.13 	(4) grant programs administered under the Office of Justice Programs and Homeland 
59.14 	Security and Emergency Management;
59.15 	(5) receipt and expenditure of federal grant funds;
59.16 	(6) expenditure of the fire safety insurance surcharge;
59.17 	(7) emergency preparedness;
59.18 	(8) crime lab operations; and
59.19 	(9) assistance provided to crime victims.

59.20 	EFFECTIVE DATE. This section is effective June 1, 2009.

59.21 	Sec. 8. Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:
59.22 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each 
59.23 	customer of a wireless or wire-line switched or packet-based telecommunications service 
59.24 	provider connected to the public switched telephone network that furnishes service capable 
59.25 	of originating a 911 emergency telephone call is assessed a fee based upon the number 
59.26 	of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
59.27 	maintenance and related improvements for trunking and central office switching equipment 
59.28 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
59.29 	of the commissioner related to managing the 911 emergency telecommunications service 
59.30 	program, to make distributions provided for in section 403.113, and to offset the costs, 
59.31 	including administrative and staffing costs, incurred by the State Patrol Division of the 
59.32 	Department of Public Safety in handling 911 emergency calls made from wireless phones, 
59.33 	and for any other purpose the commissioner determines is related to the effective operation 
59.34 	of the emergency telecommunications system in the state.
60.1 	(b) Money remaining in the 911 emergency telecommunications service account 
60.2 	after all other obligations are paid must not cancel and is carried forward to subsequent 
60.3 	years and may be appropriated from time to time to the commissioner to provide financial 
60.4 	assistance to counties for the improvement of local emergency telecommunications 
60.5 	services. The improvements may include providing access to 911 service for 
60.6 	telecommunications service subscribers currently without access and upgrading existing 
60.7 	911 service to include automatic number identification, local location identification, 
60.8 	automatic location identification, and other improvements specified in revised county 
60.9 	911 plans approved by the commissioner.
60.10 	(c) The fee may not be less than eight cents nor more than 65 cents a month until 
60.11 	June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 
60.12 	2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and 
60.13 	not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for 
60.14 	each customer access line or other basic access service, including trunk equivalents as 
60.15 	designated by the Public Utilities Commission for access charge purposes and including 
60.16 	wireless telecommunications services. With the approval of the commissioner of finance, 
60.17 	the commissioner of public safety shall establish the amount of the fee within the limits 
60.18 	specified and inform the companies and carriers of the amount to be collected. When the 
60.19 	revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
60.20 	defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
60.21 	no longer needed. The commissioner shall provide companies and carriers a minimum of 
60.22 	45 days' notice of each fee change. The fee must be the same for all customers.
60.23 	(d) The fee must be collected by each wireless or wire-line telecommunications 
60.24 	service provider subject to the fee. Fees are payable to and must be submitted to the 
60.25 	commissioner monthly before the 25th of each month following the month of collection, 
60.26 	except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
60.27 	less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
60.28 	to a 911 emergency telecommunications service account in the special revenue fund. The 
60.29 	money in the account may only be used for 911 telecommunications services.
60.30 	(e) This subdivision does not apply to customers of interexchange carriers.
60.31 	(f) The installation and recurring charges for integrating wireless 911 calls into 
60.32 	enhanced 911 systems are eligible for payment by the commissioner if the 911 service 
60.33 	provider is included in the statewide design plan and the charges are made pursuant to 
60.34 	contract.
60.35 	(g) Competitive local exchanges carriers holding certificates of authority from the 
60.36 	Public Utilities Commission are eligible to receive payment for recurring 911 services.
61.1 	(h) The revisions made to paragraph (a) in 2009 expire on June 30, 2011.

61.2 	EFFECTIVE DATE. This section is effective July 1, 2009.

61.3 	Sec. 9. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
61.4 		Subdivision 1.Sentence to less than 180 days more than one year. In A felony 
61.5 	sentence to imprisonment, when the remaining term of imprisonment is for 180 days 
61.6 	or less, the defendant more than one year shall be committed commit the defendant to 
61.7 	the custody of the commissioner of corrections and must serve the remaining term of 
61.8 	imprisonment at a workhouse, work farm, county jail, or other place authorized by law.

61.9 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to offenders 
61.10 	sentenced on or after that date.

61.11 	Sec. 10. COUNTY-BASED REVOCATION CENTER PILOT PROJECT; 
61.12 	REPORT.
 61.13 	(a) Dodge, Fillmore, Olmsted, and Ramsey Counties and Tri-county and Hennepin 
61.14 	Community Corrections, and any other county or community corrections department 
61.15 	that requests to participate shall develop a proposal for a pilot project for a secure 
61.16 	residential center and supervision of persons facing revocation of their supervised release 
61.17 	or execution of a stayed prison sentence. The proposal must address the care, custody, and 
61.18 	programming for offenders assigned to the facility as an intermediate sanction prior to 
61.19 	revocation or execution of a stayed prison sentence.
61.20 	(b) The counties must consider the following factors in developing the proposal:
61.21 	(1) type and length of programming for offenders, including supervision, mental 
61.22 	health and chemical dependency treatment options, and educational and employment 
61.23 	readiness opportunities;
61.24 	(2) medical care;
61.25 	(3) the transport of offenders to and from any facility;
61.26 	(4) detailed current and future costs and per diems associated with the facility;
61.27 	(5) admission and release procedures of the proposed facility;
61.28 	(6) intended outcomes of the pilot project; and
61.29 	(7) other factors deemed appropriate for consideration by the counties.
61.30 	(c) By December 1, 2009, the counties of Dodge, Fillmore, Olmsted, and Ramsey 
61.31 	and Tri-county and Hennepin County Community Corrections shall report the pilot project 
61.32 	proposal to the chairs and ranking minority members of the legislative committees having 
61.33 	jurisdiction over public safety policy and finance.

62.1 	EFFECTIVE DATE. This section is effective July 1, 2009.

62.2 	Sec. 11.  REPEALER.
 62.3 	Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, are repealed.

62.4 	EFFECTIVE DATE. This section is effective July 1, 2009.