1.1 	A bill for an act
1.2 	relating to the judiciary; appropriating money for the courts, public defenders, 
1.3 	and other judiciary-related agencies; imposing per page filing fees for court 
1.4 	papers; increasing various court fees and the parking surcharge; authorizing 
1.5 	the imposition of a public defender fee for licensed attorneys; expanding the 
1.6 	application of the criminal and traffic surcharge; authorizing referees to preside 
1.7 	over conciliation courts and increasing the conciliation court civil claim limit; 
1.8 	providing the Fourth Judicial District with fiscal flexibility as to the location 
1.9 	of court facilities; providing a restorative justice-based alternative disposition 
1.10 	process for certain adult and juvenile offenders; providing for the use of special 
1.11 	masters to handle pretrial matters; enforcing judicial sanctions, including fines, 
1.12 	fees, and surcharges; authorizing disbursement of minimum fines for controlled 
1.13 	substance offenses to juvenile substance abuse court programs; appropriating 
1.14 	money; amending Minnesota Statutes 2008, sections 2.724, subdivisions 2, 3; 
1.15 	86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 
1.16 	152.025, subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by 
1.17 	adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27, 
1.18 	subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1; 
1.19 	169A.54, subdivision 1; 299D.03, subdivision 5; 357.021, subdivisions 1a, 
1.20 	2, 6, 7; 357.022; 357.08; 364.08; 375.14; 480.15, by adding a subdivision; 
1.21 	484.85; 484.90, subdivision 6; 484.91, subdivision 1; 491A.01, subdivision 
1.22 	3; 491A.02, subdivision 9; 491A.03, subdivision 1; 525.091, subdivision 1; 
1.23 	550.011; 609.035, subdivision 2; 609.10, subdivision 1; 609.101, subdivisions 
1.24 	3, 4; 609.125, subdivision 1; 609.131, subdivision 3; 609.135, subdivisions 1, 
1.25 	1a, 2; 631.48; proposing coding for new law in Minnesota Statutes, chapters 
1.26 	484; 609; repealing Minnesota Statutes 2008, sections 152.025, subdivision 3; 
1.27 	152.0262, subdivision 2; 383B.65, subdivision 2; 484.90, subdivisions 1, 2, 3; 
1.28 	487.08, subdivisions 1, 2, 3, 5; 609.135, subdivision 8.
1.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30 	ARTICLE 1
1.31 	APPROPRIATIONS

1.32	Section 1. SUMMARY OF APPROPRIATIONS.
 	
2.1 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.2 	in this article.

2.3			2010
		2011
		Total
	
2.4	General
	$
	 348,633,000
	$
	 354,248,000
	$
	702,881,000
	
2.5	Federal 
		 5,616,000
		 0
		5,616,000
	
2.6	Total
	$
	 354,249,000
	$
	 354,248,000
	$
	708,497,000

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

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

2.20	Sec. 3. SUPREME COURT

2.21	Subdivision 1.Total Appropriation
 	$
	 41,510,000
	$
	41,510,000
	
2.22 	The amounts that may be spent for each 
2.23 	purpose are specified in the following 
2.24 	subdivisions.

2.25	Subd. 2.Supreme Court Operations
 		 29,558,000
		29,558,000
	
2.26 	Contingent Account. $5,000 each year is for 
2.27 	a contingent account for expenses necessary 
2.28 	for the normal operation of the court for 
2.29 	which no other reimbursement is provided.

2.30	Subd. 3.Civil Legal Services
 		11,952,000
		11,952,000
	
2.31 	Legal Services to Low-Income Clients in 
2.32 	Family Law Matters. Of this appropriation, 
2.33 	$877,000 each year is to improve the 
2.34 	access of low-income clients to legal 
3.1 	representation in family law matters. This 
3.2 	appropriation must be distributed under 
3.3 	Minnesota Statutes, section 480.242, to 
3.4 	the qualified legal services programs 
3.5 	described in Minnesota Statutes, section 
3.6 	480.242, subdivision 2, paragraph (a). Any 
3.7 	unencumbered balance remaining in the first 
3.8 	year does not cancel and is available in the 
3.9 	second year.

3.10	Sec. 4. COURT OF APPEALS
 	$
	 9,652,000
	$
	9,652,000

3.11	Sec. 5. TRIAL COURTS
 	$
	 235,791,000
	$
	235,790,000

3.12	Appropriations by Fund
	
3.13		2010
	2011
	
3.14	General
	 230,175,000
	235,790,000
	
3.15	Federal
	 5,616,000
	0

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

3.17	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	50,000
	$
	50,000

3.18	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	446,000
	$
	446,000
	
3.19 	$125,000 each year is for special 
3.20 	investigative and hearing costs for major 
3.21 	disciplinary actions undertaken by the 
3.22 	board. This appropriation does not cancel. 
3.23 	Any encumbered and unspent balances 
3.24 	remain available for these expenditures in 
3.25 	subsequent fiscal years.

3.26	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	66,000,000
	$
	66,000,000

4.1 	ARTICLE 2
4.2 	FEE INCREASES

4.3 	Section 1. Minnesota Statutes 2008, section 357.021, subdivision 1a, is amended to 
4.4 	read:
4.5 		Subd. 1a.Transmittal of fees to commissioner of finance. (a) Every person, 
4.6 	including the state of Minnesota and all bodies politic and corporate, who shall transact 
4.7 	any business in the district court, shall pay to the court administrator of said court the 
4.8 	sundry fees prescribed in subdivision 2. Except as otherwise provided in this paragraph or 
4.9 	paragraph (d), the court administrator shall transmit the fees monthly to the commissioner 
4.10 	of finance for deposit in the state treasury and credit to the general fund. $30 of each 
4.11 	fee collected in a dissolution action under subdivision 2, clause (1), must be deposited 
4.12 	by the commissioner of finance in the special revenue fund and is appropriated to the 
4.13 	commissioner of employment and economic development for the displaced homemaker 
4.14 	program under section 116L.96. If the Judicial Council authorizes the charges and 
4.15 	additional fees, the per-page charges collected under subdivision 2 and the fee increases 
4.16 	described in section 2 must be credited by the commissioner of finance to the court 
4.17 	account in the special revenue fund under section 484.99.
4.18 	(b) In a county which has a screener-collector position, fees paid by a county 
4.19 	pursuant to this subdivision shall be transmitted monthly to the county treasurer, who 
4.20 	shall apply the fees first to reimburse the county for the amount of the salary paid for the 
4.21 	screener-collector position. The balance of the fees collected shall then be forwarded to 
4.22 	the commissioner of finance for deposit in the state treasury and credited to the general 
4.23 	fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph 
4.24 	(b), which has a screener-collector position, the fees paid by a county shall be transmitted 
4.25 	monthly to the commissioner of finance for deposit in the state treasury and credited to the 
4.26 	general fund. A screener-collector position for purposes of this paragraph is an employee 
4.27 	whose function is to increase the collection of fines and to review the incomes of potential 
4.28 	clients of the public defender, in order to verify eligibility for that service.
4.29 	(c) No fee is required under this section from the public authority or the party the 
4.30 	public authority represents in an action for:
4.31 	(1) child support enforcement or modification, medical assistance enforcement, or 
4.32 	establishment of parentage in the district court, or in a proceeding under section 484.702;
4.33 	(2) civil commitment under chapter 253B;
4.34 	(3) the appointment of a public conservator or public guardian or any other action 
4.35 	under chapters 252A and 525;
5.1 	(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or 
5.2 	recovery of overpayments of public assistance;
5.3 	(5) court relief under  chapters 260, 260A, 260B, and 260C;
5.4 	(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
5.5 	(7) recovery of amounts issued by political subdivisions or public institutions under 
5.6 	sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 
5.7 	260B.331, and 260C.331, or other sections referring to other forms of public assistance;
5.8 	(8) restitution under section 611A.04; or
5.9 	(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, 
5.10 	subdivision 5.
5.11 	(d) $20 from each fee collected for child support modifications under subdivision 2, 
5.12 	clause (13), must be transmitted to the county treasurer for deposit in the county general 
5.13 	fund and $35 from each fee shall be credited to the state general fund. The fees must be 
5.14 	used by the county to pay for child support enforcement efforts by county attorneys.

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

5.16 	Sec. 2. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
5.17 		Subd. 2.Fee amounts. The fees to be charged and collected by the court 
5.18 	administrator shall be as follows:
5.19 	(1) In every civil action or proceeding in said court, including any case arising 
5.20 	under the tax laws of the state that could be transferred or appealed to the Tax Court, the 
5.21 	plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that 
5.22 	party in said action, a fee of $240, except in marriage dissolution actions the fee is $270.
5.23 	The defendant or other adverse or intervening party, or any one or more of several 
5.24 	defendants or other adverse or intervening parties appearing separately from the others, 
5.25 	shall pay, when the first paper is filed for that party in said action, a fee of $240, except in 
5.26 	marriage dissolution actions the fee is $270.
5.27 	The party requesting a trial by jury shall pay $75.
5.28 	The fees above stated shall be the full trial fee chargeable to said parties irrespective 
5.29 	of whether trial be to the court alone, to the court and jury, or disposed of without trial, 
5.30 	and shall include the entry of judgment in the action, but does not include copies or 
5.31 	certified copies of any papers so filed or proceedings under chapter 103E, except the 
5.32 	provisions therein as to appeals.
5.33 	(2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5 
5.34 	for an uncertified copy.
5.35 	(3) Issuing a subpoena, $12 for each name.
6.1 	(4) Filing a motion or response to a motion in civil, family, excluding child support, 
6.2 	and guardianship cases, $55.
6.3 	(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, 
6.4 	injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not 
6.5 	specifically mentioned, $40.
6.6 	(6) Issuing a transcript of judgment, or for filing and docketing a transcript of 
6.7 	judgment from another court, $30.
6.8 	(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment 
6.9 	of judgment, $5.
6.10 	(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each 
6.11 	name certified to.
6.12 	(9) Filing and indexing trade name; or recording basic science certificate; 
6.13 	or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or 
6.14 	optometrists, $5.
6.15 	(10) For the filing of each partial, final, or annual account in all trusteeships, $40.
6.16 	(11) For the deposit of a will, $20.
6.17 	(12) For recording notary commission, $100, of which, notwithstanding subdivision 
6.18 	1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited 
6.19 	in the state treasury and credited to the general fund.
6.20 	(13) Filing a motion or response to a motion for modification of child support, a 
6.21 	fee of $55.
6.22 	(14) All other services required by law for which no fee is provided, such fee 
6.23 	as compares favorably with those herein provided, or such as may be fixed by rule or 
6.24 	order of the court.
6.25 	(15) In addition to any other filing fees under this chapter, a surcharge in the 
6.26 	amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for 
6.27 	each adoption petition filed in district court to fund the fathers' adoption registry under 
6.28 	section 259.52.
6.29 	The fees in clauses (3) and (5) need not be paid by a public authority or the party 
6.30 	the public authority represents.
6.31 	The court administrator shall charge and collect the following amounts in addition to 
6.32 	the amounts described in this subdivision if the Judicial Council authorizes the increase:
6.33 	(i) for filing fees described in paragraph (1), $25, plus $1 per page;
6.34 	(ii) for the jury request fee described in paragraph (1), $25;
6.35 	(iii) for a certified copy described in paragraph (2), $4, plus $1 per page;
6.36 	(iv) for an uncertified copy described in paragraph (2), $3, plus $1 per page;
7.1 	(v) for a subpoena described in paragraph (3), $4 for each name;
7.2 	(vi) for a motion or response to a motion described in paragraph (4), $10, plus $1 
7.3 	per page;
7.4 	(vii) for an execution or writ described in paragraph (5), $15, plus $1 per page;
7.5 	(viii) for issuing or filing and docketing a transcript described in paragraph (6), 
7.6 	$10, plus $1 per page;
7.7 	(ix) for satisfaction, partial satisfaction, or assignment of judgment described in 
7.8 	paragraph (7), $1 per page;
7.9 	(x) for filing and indexing trade names or recording certificates described in 
7.10 	paragraph (9), $1 per page;
7.11 	(xi) for filing accounts described in paragraph (10), $15, plus $1 per page;
7.12 	(xii) for depositing wills described in paragraph (11), $7, plus $1 per page; and
7.13 	(xiii) for a motion or response to a motion described in paragraph (13), $1 per page.

7.14 	Sec. 3. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
7.15 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
7.16 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
7.17 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
7.18 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
7.19 	parking, for which there shall be a $4 surcharge. The court shall impose and the court 
7.20 	administrator shall collect an additional $8 surcharge on a violation of law or ordinance 
7.21 	relating to vehicle parking if the Judicial Council authorizes the surcharge. In the Second 
7.22 	Judicial District, the court shall impose, and the court administrator shall collect, an 
7.23 	additional $1 surcharge on every person convicted of any felony, gross misdemeanor, 
7.24 	misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance 
7.25 	relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the 
7.26 	$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to 
7.27 	imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person 
7.28 	is convicted of a petty misdemeanor for which no fine is imposed.
7.29 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
7.30 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
7.31 	correct the record.
7.32 	(c) The court may not waive payment of the surcharge required under this 
7.33 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
7.34 	or the convicted person's immediate family, the sentencing court may authorize payment 
7.35 	of the surcharge in installments.
8.1 	(d) The court administrator or other entity collecting a surcharge shall forward it 
8.2 	to the commissioner of finance.
8.3 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
8.4 	surcharge before the term of imprisonment begins, the chief executive officer of the 
8.5 	correctional facility in which the convicted person is incarcerated shall collect the 
8.6 	surcharge from any earnings the inmate accrues from work performed in the facility 
8.7 	or while on conditional release. The chief executive officer shall forward the amount 
8.8 	collected to the commissioner of finance.

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

8.10 	Sec. 4. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
8.11 		Subd. 7.Disbursement of surcharges by commissioner of finance. (a) Except as 
8.12 	provided in paragraphs (b), (c), and (d), (e), and (f), the commissioner of finance shall 
8.13 	disburse surcharges received under subdivision 6 and section 97A.065, subdivision 
8.14 	2, as follows:
8.15 	(1) one percent shall be credited to the game and fish fund to provide peace officer 
8.16 	training for employees of the Department of Natural Resources who are licensed under 
8.17 	sections 626.84 to 626.863, and who possess peace officer authority for the purpose of 
8.18 	enforcing game and fish laws;
8.19 	(2) 39 percent shall be credited to the peace officers training account in the special 
8.20 	revenue fund; and
8.21 	(3) 60 percent shall be credited to the general fund.
8.22 	(b) The commissioner of finance shall credit $3 of each surcharge received under 
8.23 	subdivision 6 and section 97A.065, subdivision 2, to the general fund.
8.24 	(c) In addition to any amounts credited under paragraph (a), the commissioner 
8.25 	of finance shall credit $47 of each surcharge received under subdivision 6 and section 
8.26 	97A.065, subdivision 2, and the $4 from the parking surcharge, to the general fund.
8.27 	(d) If the Judicial Council authorizes imposition of the additional $8 parking 
8.28 	surcharge provided for in subdivision 6, paragraph (a), the court administrator shall 
8.29 	transmit the surcharge to the commissioner of finance who shall deposit it in the state 
8.30 	treasury and credit it to the court account in the special revenue fund under section 484.99.
8.31 	(e) If the Judicial Council authorizes imposition of the surcharge described in 
8.32 	subdivision 6, paragraph (f), the court administrator shall transmit the surcharge to the 
8.33 	commissioner of finance who shall deposit it in the state treasury and credit it to the court 
8.34 	account in the special revenue fund under section 484.99.
9.1 	(d)(f) If the Ramsey County Board of Commissioners authorizes imposition 
9.2 	of the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court 
9.3 	administrator in the Second Judicial District shall transmit the surcharge to the 
9.4 	commissioner of finance. The $1 special surcharge is deposited in a Ramsey County 
9.5 	surcharge account in the special revenue fund and amounts in the account are appropriated 
9.6 	to the trial courts for the administration of the petty misdemeanor diversion program 
9.7 	operated by the Second Judicial District Ramsey County Violations Bureau.

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

9.9 	Sec. 5. Minnesota Statutes 2008, section 357.022, is amended to read:
9.10 	357.022 CONCILIATION COURT FEE.
9.11 	The court administrator in every county shall charge and collect a filing fee of $50 
9.12 	from every plaintiff and from every defendant when the first paper for that party is filed 
9.13 	in any conciliation court action. The court administrator shall charge and collect an 
9.14 	additional $10 if the Judicial Council authorizes the fee. This section does not apply to 
9.15 	conciliation court actions filed by the state. The court administrator shall transmit the fees 
9.16 	monthly to the commissioner of finance for deposit in the state treasury and. If the Judicial 
9.17 	Council authorizes the additional $10 fee, the commissioner shall credit it to the court 
9.18 	account in the special revenue fund under section 484.99. The commissioner shall credit 
9.19 	all other money to the general fund.

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

9.21 	Sec. 6. Minnesota Statutes 2008, section 357.08, is amended to read:
9.22 	357.08 PAID BY APPELLANT IN APPEAL.
9.23 	There shall be paid to the clerk of the appellate courts by the appellant, or moving 
9.24 	party or person requiring the service, in all cases of appeal, certiorari, habeas corpus, 
9.25 	mandamus, injunction, prohibition, or other original proceeding, when initially filed with 
9.26 	the clerk of the appellate courts, the sum of $500 to the clerk of the appellate courts. An 
9.27 	additional filing fee of $100 shall be required for a petition for accelerated review by the 
9.28 	Supreme Court. A filing fee of $500 shall be paid to the clerk of the appellate courts upon 
9.29 	the filing of a petition for review from a decision of the Court of Appeals. A filing fee 
9.30 	of $500 shall be paid to the clerk of the appellate courts upon the filing of a petition for 
9.31 	permission to appeal. A filing fee of $100 shall be paid to the clerk of the appellate courts 
9.32 	upon the filing by a respondent of a notice of review. The clerk shall charge and collect 
9.33 	an additional $50 on any $500 filing fee described in this section if the Judicial Council 
10.1 	authorizes the fee. The clerk shall transmit the fees to the commissioner of finance for 
10.2 	deposit in the state treasury and. If the Judicial Council authorizes the additional $50 fee, 
10.3 	the commissioner shall credit it to the court account in the special revenue fund under 
10.4 	section 484.99. The commissioner shall credit credit all other money to the general fund.
10.5 	The clerk shall not file any paper, issue any writ or certificate, or perform any service 
10.6 	enumerated herein, until the payment has been made for it. The clerk shall pay the sum 
10.7 	into the state treasury as provided for by section 15A.01.  
10.8 	The charges provided for shall not apply to disbarment proceedings, nor to an 
10.9 	action or proceeding by the state taken solely in the public interest, where the state is the 
10.10 	appellant or moving party, nor to copies of the opinions of the court furnished by the clerk 
10.11 	to the parties before judgment, or furnished to the district judge whose decision is under 
10.12 	review, or to such law library associations in counties having a population exceeding 
10.13 	50,000, as the court may direct.

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

10.15 	Sec. 7. [484.99] COURT ACCOUNT.
10.16 	The court account is established in the special revenue fund in the state treasury. It 
10.17 	consists of money collected from fees authorized by the Judicial Council under sections 
10.18 	357.021, 357.022, 357.08, and section 8, and credited to the account by the commissioner 
10.19 	of finance. Money in the account is appropriated to the Judicial Council to support the 
10.20 	Supreme Court, Court of Appeals, and district courts.

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

10.22 	Sec. 8. PUBLIC DEFENDER FEE.
 10.23 		Subdivision 1.Authorization. (a) The Supreme Court, through the lawyer 
10.24 	registration office, may assess a public defender fee on each licensed attorney in the state. 
10.25 	If imposed, the fee must not be less than the civil legal services fee established by the 
10.26 	Supreme Court in 1997 that licensed attorneys are required to pay pursuant to the rules of 
10.27 	the supreme court on lawyer registration.
10.28 	(b) The fee described in paragraph (a) may apply only to attorneys actively engaged 
10.29 	in the practice of law.
10.30 		Subd. 2.Creation of account. The public defender fee account is created in the 
10.31 	special revenue fund. The state court administrator shall forward fees collected under 
10.32 	subdivision 1 to the commissioner of finance who shall deposit them in the state treasury 
11.1 	and credit them to this account. Money in the account is appropriated to the Board 
11.2 	of Public Defense.

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

11.4 	ARTICLE 3
11.5 	CIVIL LAW CHANGES; 
11.6 	RESTORATIVE JUSTICE-BASED ALTERNATIVE DISPOSITION

11.7 	Section 1. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
11.8 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
11.9 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
11.10 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
11.11 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
11.12 	parking, for which there shall be a $4 surcharge. In the Second Judicial District, the 
11.13 	court shall impose, and the court administrator shall collect, an additional $1 surcharge 
11.14 	on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty 
11.15 	misdemeanor offense, including a violation of a law or ordinance relating to vehicle 
11.16 	parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The 
11.17 	surcharge shall be imposed whether or not the person is sentenced to imprisonment or the 
11.18 	sentence is stayed. The surcharge shall not be imposed when a person is convicted of a 
11.19 	petty misdemeanor for which no fine is imposed.
11.20 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
11.21 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
11.22 	correct the record.
11.23 	(c) The court may not waive payment of the surcharge required under this 
11.24 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
11.25 	or the convicted person's immediate family, the sentencing court may authorize payment 
11.26 	of the surcharge in installments.
11.27 	(d) The court administrator or other entity collecting a surcharge shall forward it 
11.28 	to the commissioner of finance.
11.29 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
11.30 	surcharge before the term of imprisonment begins, the chief executive officer of the 
11.31 	correctional facility in which the convicted person is incarcerated shall collect the 
11.32 	surcharge from any earnings the inmate accrues from work performed in the facility 
11.33 	or while on conditional release. The chief executive officer shall forward the amount 
11.34 	collected to the commissioner of finance.
12.1 	(f) The Judicial Council may require a person who successfully completes a 
12.2 	diversion or similar program for a violation of chapter 169 to pay the surcharge described 
12.3 	in this subdivision. If the Judicial Council requires the surcharge, the court shall impose 
12.4 	and the court administrator shall collect it.

12.5 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to acts 
12.6 	committed on or after that date.

12.7 	Sec. 2. [484.735] PRETRIAL SPECIAL MASTER.
12.8 		Subdivision 1.Applicability. This section applies to: 
12.9 	(1) district court cases that have been assigned to a single judge under Rule 113 of 
12.10 	the Minnesota Rules of General Practice; and
12.11 	(2) other civil cases, unless the chief judge or presiding judge determines that the 
12.12 	interests of justice will best be served by not assigning pretrial matters to a special master. 
12.13 	This section does not apply to cases excluded from Rule 111 of the Minnesota General 
12.14 	Rules of Practice.
12.15 		Subd. 2.Appointment of special master required; costs; review. The court 
12.16 	may appoint a special master to preside over pretrial matters in the case. Rule 53 of the 
12.17 	Minnesota Rules of Civil Procedure applies to the determination and responsibility for 
12.18 	payment of the fee of the special master.  The special master may assess costs against a 
12.19 	party for failure to comply with rules or orders, subject to review and approval by the court.
12.20 		Subd. 3.Qualified special masters.  In appointing special masters, the court shall 
12.21 	give priority to the appointment of individuals who agree to perform the function without 
12.22 	a fee or for a reduced fee.
12.23 		Subd. 4.Rules. The Supreme Court or the judges of a judicial district may adopt 
12.24 	rules to implement this section.
12.25 		Subd. 5.Sunset. This section expires on July 1, 2012.

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

12.27 	Sec. 3. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
12.28 		Subdivision 1.Establishment. Misdemeanor violations bureaus in the Fourth 
12.29 	Judicial District shall be established in Minneapolis, a southern suburb location, and at 
12.30 	any other northern and western suburban locations dispersed throughout the county as 
12.31 	may be designated by a majority of the judges of the court.

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

13.1 	Sec. 4. Minnesota Statutes 2008, section 491A.01, subdivision 3, is amended to read:
13.2 		Subd. 3.Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the 
13.3 	conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the 
13.4 	amount of money or property that is the subject matter of the claim does not exceed $6,000 
13.5 	or, on and after July 1, 1994, $7,500, $15,000 or $4,000 $7,500 if the claim involves a 
13.6 	consumer credit transaction. "Consumer credit transaction" means a sale of personal 
13.7 	property, or a loan arranged to facilitate the purchase of personal property, in which:
13.8 	(1) credit is granted by a seller or a lender who regularly engages as a seller or 
13.9 	lender in credit transactions of the same kind;
13.10 	(2) the buyer is a natural person;
13.11 	(3) the claimant is the seller or lender in the transaction; and
13.12 	(4) the personal property is purchased primarily for a personal, family, or household 
13.13 	purpose and not for a commercial, agricultural, or business purpose.
13.14 	(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the 
13.15 	territorial jurisdiction of conciliation court is coextensive with the county in which the 
13.16 	court is established. The summons in a conciliation court action under subdivisions 6 to 
13.17 	10 may be served anywhere in the state, and the summons in a conciliation court action 
13.18 	under subdivision 7, paragraph (b), may be served outside the state in the manner provided 
13.19 	by law. The court administrator shall serve the summons in a conciliation court action 
13.20 	by first class mail, except that if the amount of money or property that is the subject of 
13.21 	the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail, 
13.22 	and service on nonresident defendants must be made in accordance with applicable law 
13.23 	or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of 
13.24 	documents at trial may be served anywhere within the state in the manner provided by law.
13.25 	When a court administrator is required to summon the defendant by certified mail 
13.26 	under this paragraph, the summons may be made by personal service in the manner 
13.27 	provided in the Rules of Civil Procedure for personal service of a summons of the district 
13.28 	court as an alternative to service by certified mail.

13.29 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to civil 
13.30 	claims filed on or after that date.

13.31 	Sec. 5. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
13.32 		Subdivision 1.Judges; referees. The judges of district court shallmay serve as 
13.33 	judges of conciliation court. In the Second and Fourth Judicial Districts, A majority of 
13.34 	the judgesThe chief judge of the district may appoint one or more suitable persons to act 
13.35 	as referees in conciliation court; a majority of the judgesthe chief judge of the district 
14.1 	shall establish qualifications for the office, specify the duties and length of service of 
14.2 	referees, and fix their compensation not to exceed an amount per day determined by the 
14.3 	chief judge of the judicial district.

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

14.5 	Sec. 6. [609.092] ADULT AND JUVENILE OFFENDERS; USE OF 
14.6 	RESTORATIVE JUSTICE.
14.7 		Subdivision 1.First-time juvenile petty offenders; applicability; procedure. (a) 
14.8 	This subdivision applies to a child alleged to be a juvenile petty offender who:
14.9 	(1) has not been previously adjudicated delinquent or as a petty offender;
14.10 	(2) has not previously participated in or completed a diversion program for an 
14.11 	offense;
14.12 	(3) has not previously been placed on probation without an adjudication for an 
14.13 	offense or received a continuance under section 260B.198, subdivision 7; and
14.14 	(4) agrees to successfully complete a restorative justice program under this section.
14.15 	(b) The prosecutor shall refer a child described in paragraph (a) to a restorative 
14.16 	justice program or provider that has been included on the approved provider list described 
14.17 	in subdivision 6. The program or provider shall arrange an appropriate outcome for the 
14.18 	matter using restorative justice concepts. The program or provider shall involve the victim 
14.19 	of the offense in the proceedings. If the victim is unwilling or unable to proceed, or if 
14.20 	there is no identifiable victim, the program or provider shall ensure that someone serves as 
14.21 	a proxy for the victim. The program or provider and child, along with other participants, 
14.22 	shall agree in writing to an appropriate sanction for the child. The sanction may include 
14.23 	any of the dispositions authorized in section 260B.235, if appropriate, along with any 
14.24 	other sanctions agreed to.
14.25 		Subd. 2.Repeat juvenile petty offenders and nonviolent delinquent offenders; 
14.26 	applicability; procedure. (a) As used in this subdivision, a "nonviolent offense" includes 
14.27 	offenses not defined as violent crimes in section 609.1095. However, the term includes all 
14.28 	violations of chapter 152.
14.29 	(b) This subdivision applies to a child:
14.30 	(1)(i) alleged to be a juvenile petty offender but who does not meet the criteria in 
14.31 	subdivision 1, paragraph (a), clauses (1) to (3); and
14.32 	(ii) alleged to be delinquent solely on the basis of having committed a nonviolent 
14.33 	offense; and
14.34 	(2) who agrees to successfully complete a restorative justice program under this 
14.35 	section.
15.1 	(c) The prosecutor shall determine whether a restorative justice outcome under 
15.2 	this subdivision is appropriate for a child described in paragraph (b). If the prosecutor 
15.3 	determines it is appropriate, the child shall be referred to a restorative justice program or 
15.4 	provider that has been included on the approved provider list described in subdivision 
15.5 	6. The program or provider shall arrange an appropriate outcome for the matter using 
15.6 	restorative justice concepts. The program or provider shall involve the victim of the 
15.7 	offense in the proceedings. If the victim is unwilling or unable to proceed, or if there is 
15.8 	no identifiable victim, the program or provider shall ensure that someone serves as a 
15.9 	proxy for the victim. The program or provider and child, along with other participants, 
15.10 	shall agree in writing to an appropriate sanction for the child. The sanction may include 
15.11 	any of the dispositions authorized in section 260B.198, if appropriate, other than an 
15.12 	out-of-home placement or transfer of legal custody of the child, along with any other 
15.13 	sanctions agreed to.
15.14 		Subd. 3.Adults; nonfelony offenders; applicability; procedure. (a) This 
15.15 	subdivision applies to adults alleged to have committed a petty misdemeanor, 
15.16 	misdemeanor, or gross misdemeanor offense, who have agreed to successfully complete a 
15.17 	restorative justice program under this section.
15.18 	(b) The prosecutor may determine whether a restorative justice outcome under 
15.19 	this subdivision is appropriate for a person described in paragraph (a). If the prosecutor 
15.20 	determines it is appropriate, the person shall be referred to a restorative justice program 
15.21 	or provider that has been included on the approved list described in subdivision 6. The 
15.22 	program or provider shall arrange an appropriate outcome for the matter using restorative 
15.23 	justice concepts. The program or provider shall involve the victim of the offense in the 
15.24 	proceedings. If the victim is unwilling or unable to proceed, or if there is no identifiable 
15.25 	victim, the program or provider shall ensure that someone serves as a proxy for the victim. 
15.26 	The program or provider and person, along with other participants, shall agree in writing 
15.27 	to an appropriate sanction for the person. 
15.28 		Subd. 4.Failure to comply. If a person fails to comply with the settlement 
15.29 	agreement, the person shall be referred back to the court for further proceedings.
15.30 		Subd. 5.Dismissal of charge. Upon the successful completion by a person of the 
15.31 	sanctions agreed to in the settlement agreement, the program or provider shall notify the 
15.32 	court and the court shall dismiss the charge against the person.
15.33 		Subd. 6.Approved list. The prosecutor shall maintain a list of approved restorative 
15.34 	justice programs and providers to which persons may be referred under this section. 
15.35 		Subd. 7.Preference for culturally specific programs. If a restorative justice 
15.36 	program or provider that is tailored in a more culturally specific manner to the person is 
16.1 	on the list of approved providers under subdivision 6, and the prosecutor is referring the 
16.2 	person to a restorative justice program or provider under this section, the prosecutor shall 
16.3 	refer the person to the more appropriate program or provider.
16.4 		Subd. 8.Limitation; availability of programs. This section applies only in 
16.5 	jurisdictions where suitable restorative justice programs and providers are available.
16.6 		Subd. 9.Definition. As used in this section, "restorative justice" has the meaning 
16.7 	given in section 611A.775. The term also includes Native American sentencing circles.

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

16.9 	Sec. 7. Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read:
16.10 		Subd. 3. Controlled substance offenses; minimum fines. (a) Notwithstanding any 
16.11 	other law, when a court sentences a person convicted of a controlled substance crime 
16.12 	under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than 
16.13 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
16.14 	authorized by law. 
16.15 	(b) The minimum fine required by this subdivision is in addition to the surcharge or 
16.16 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
16.17 	of imprisonment or restitution imposed or ordered by the court. 
16.18 	(c) The court shall collect the fine mandated by this subdivision and forward 70 
16.19 	percent of it to a local drug abuse prevention or intervention program existing or being 
16.20 	implemented in the county in which the crime was committed. The court shall forward the 
16.21 	remaining 30 percent to the commissioner of finance to be credited to the general fund. If 
16.22 	more than one drug abuse prevention or intervention program serves the county in which 
16.23 	the crime was committed, the court may designate on a case-by-case basis which program 
16.24 	will receive the fine proceeds, giving consideration to the community in which the crime 
16.25 	was committed, the funding needs of the program, the number of peace officers in each 
16.26 	community certified to teach the program, and the number of children served by the 
16.27 	program in each community. If no drug abuse prevention or intervention program serves 
16.28 	communities in that county, the court shall forward 100 percent of the fine proceeds to the 
16.29 	commissioner of finance to be credited to the general fund. 
16.30 	(d) The minimum fines required by this subdivision shall be collected as are other 
16.31 	fines. Fine proceeds received by a local drug abuse prevention or intervention program 
16.32 	must be used to support that program, and may be used for salaries of program staff or
16.33 	peace officers certified to teach the program. The drug abuse resistance education program 
16.34 	must report receipt and use of money generated under this subdivision as prescribed by 
16.35 	the Drug Abuse Resistance Education Advisory Council to the state court administrator 
17.1 	by January 15 of each year. The state court administrator must make this information 
17.2 	available upon request. 
17.3 	(e) As used in this subdivision, "drug abuse prevention or intervention program" 
17.4 	and "program" include: 
17.5 	(1) the drug abuse resistance education program described in section 299A.33; and
17.6 	(2) any similar a drug abuse education and prevention program that includes the 
17.7 	following components: 
17.8 	(i) instruction for students enrolled in kindergarten through grade six that is 
17.9 	designed to teach students to recognize and resist pressures to experiment with controlled 
17.10 	substances and alcohol; 
17.11 	(ii) provisions for parental involvement; 
17.12 	(iii) classroom instruction by uniformed law enforcement personnel; 
17.13 	(iv) the use of positive student leaders to influence younger students not to use 
17.14 	drugs; and 
17.15 	(v) an emphasis on activity-oriented techniques designed to encourage 
17.16 	student-generated responses to problem-solving situations; and
17.17 	(3) a juvenile court program that:
17.18 	(i) provides intervention strategies to reduce drug abuse and criminal behavior 
17.19 	in juvenile offenders; and
17.20 	(ii) promotes local drug abuse prevention efforts within the community.

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

17.22 	Sec. 8.  REPEALER.
 17.23 	Minnesota Statutes 2008, section 383B.65, subdivision 2, is repealed.

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

17.25 	ARTICLE 4
17.26 	MISCELLANEOUS JUDICIARY-RELATED CHANGES

17.27 	Section 1. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
17.28 		Subd. 2.Procedure. To promote and secure more efficient administration of justice, 
17.29 	the chief justice of the Supreme Court of the state shall supervise and coordinate the work 
17.30 	of the courts of the state. The Supreme Court may provide by rule that the chief justice not 
17.31 	be required to write opinions as a member of the Supreme Court. Its rules may further 
17.32 	provide for it to hear and consider cases in divisions. It may by rule assign temporarily 
17.33 	any retired justice of the Supreme Court or one judge of the Court of Appeals or district 
18.1 	court judge at a time to act as a justice of the Supreme Court or any number of justices 
18.2 	or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon 
18.3 	the assignment of a Court of Appeals judge or a district court judge to act as a justice of 
18.4 	the Supreme Court, a judge previously acting as a justice may complete unfinished duties 
18.5 	of that position. Any number of justices may disqualify themselves from hearing and 
18.6 	considering a case, in which event the Supreme Court may assign temporarily a retired 
18.7 	justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear 
18.8 	and consider the case in place of each disqualified justice. A retired justice who is acting 
18.9 	as a justice of the Supreme Court or judge of the Court of Appeals under this section shall 
18.10 	receive, in addition to retirement pay, out of the general fund of the state, an amount to 
18.11 	make the retired justice's total compensation equal to the same salary as a justice or judge 
18.12 	of the court on which the justice is acting.

18.13 	Sec. 2. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
18.14 		Subd. 3.Retired justices and judges. (a) The chief justice of the Supreme Court 
18.15 	may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court 
18.16 	pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a 
18.17 	retired judge of any court to act as a judge of any court except the Supreme Court. The 
18.18 	chief justice of the Supreme Court shall determine the pay and expenses to be received by 
18.19 	a justice or judge acting pursuant to this paragraph.
18.20 	(b) A judge who has been elected to office and who has retired as a judge in good 
18.21 	standing and is not practicing law may also be appointed to serve as judge of any court 
18.22 	except the Supreme Court. A retired judge acting under this paragraph will receive pay 
18.23 	and expenses in the amount established by the Supreme Court.

18.24 	Sec. 3. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
18.25 		Subd. 2.Fines and bail money. (a) All fines, installment payments, and forfeited 
18.26 	bail money collected from persons convicted of violations of this chapter or rules adopted 
18.27 	thereunder, or of a violation of section 169A.20 involving a motorboat, shall be paid to 
18.28 	the county treasurer of the county where the violation occurred by the court administrator 
18.29 	or other person collecting the money within 15 days after the last day of the month the 
18.30 	money was collected deposited in the state treasury.  
18.31 	(b) One-half of the receipts shall be credited to the general revenue fund of the 
18.32 	county. The other one-half of the receipts shall be transmitted by the county treasurer to 
18.33 	the commissioner of natural resources to be deposited in the state treasury and credited to 
18.34 	the water recreation account for the purpose of boat and water safety.

19.1 	Sec. 4. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
19.2 		Subd. 2a.Petty misdemeanor cases and criminal convictions; fee assessment. In 
19.3 	Hennepin County and Ramsey County, the district court administrator or a designee may, 
19.4 	upon the recommendation of the board of trustees and by standing order of the judges 
19.5 	of the district court, include in the costs or disbursements assessed against a defendant 
19.6 	convicted in the district court of the violation of a statute or municipal ordinance, a county 
19.7 	law library fee. This fee may be collected in all petty misdemeanor cases and criminal 
19.8 	prosecutions in which, upon conviction, the defendant may be subject to the payment of 
19.9 	the costs or disbursements in addition to a fine or other penalty. When a defendant is 
19.10 	convicted of more than one offense in a case, the county law library fee shall be imposed 
19.11 	only once in that case.

19.12 	Sec. 5. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
19.13 		Subd. 3.Petty misdemeanor cases and criminal convictions; fee assessment.
 19.14 	The judge of district court may, upon the recommendation of the board of trustees and 
19.15 	by standing order, include in the costs or disbursements assessed against a defendant 
19.16 	convicted in the district court of the violation of any statute or municipal ordinance, in 
19.17 	all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the 
19.18 	defendant may be subject to the payment of the costs or disbursements in addition to a fine 
19.19 	or other penalty a county law library fee. When a defendant is convicted of more than one 
19.20 	offense in a case, the county law library fee shall be imposed only once in that case. The 
19.21 	item of costs or disbursements may not be assessed for any offense committed prior to the 
19.22 	establishment of the county law library.

19.23 	Sec. 6. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
19.24 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in the 
19.25 	fifth degree and if convicted may be sentenced to imprisonment for not more than five 
19.26 	years or to payment of a fine of not more than $10,000, or both if:
19.27 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
19.28 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
19.29 	(2) the person unlawfully sells one or more mixtures containing a controlled 
19.30 	substance classified in schedule IV.

19.31 	Sec. 7. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
20.1 		Subd. 2.Possession and other crimes. A person is guilty of controlled substance 
20.2 	crime in the fifth degree and if convicted may be sentenced to imprisonment for not more 
20.3 	than five years or to payment of a fine of not more than $10,000, or both if:
20.4 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
20.5 	substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
20.6 	(2) the person procures, attempts to procure, possesses, or has control over a 
20.7 	controlled substance by any of the following means:
20.8 	(i) fraud, deceit, misrepresentation, or subterfuge;
20.9 	(ii) using a false name or giving false credit; or
20.10 	(iii) falsely assuming the title of, or falsely representing any person to be, a 
20.11 	manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 
20.12 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
20.13 	obtaining a controlled substance.

20.14 	Sec. 8. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
20.15 		Subdivision 1.Possession of precursors. (a) A person is guilty of a crime if the 
20.16 	person possesses any chemical reagents or precursors with the intent to manufacture 
20.17 	methamphetamine and if convicted may be sentenced to imprisonment for not more than 
20.18 	ten years or to payment of a fine of not more than $20,000, or both.
20.19 	(b) A person is guilty of a crime if the person possesses any chemical reagents or 
20.20 	precursors with the intent to manufacture methamphetamine and may be sentenced to 
20.21 	imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, 
20.22 	or both, if the conviction is for a subsequent controlled substance conviction.
20.23 	 As used in this section and section 152.021, "chemical reagents or precursors" 
20.24 	includes any of the following substances, or any similar substances that can be used to 
20.25 	manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or 
20.26 	similar substance:
20.27 	(1) ephedrine;
20.28 	(2) pseudoephedrine;
20.29 	(3) phenyl-2-propanone;
20.30 	(4) phenylacetone;
20.31 	(5) anhydrous ammonia;
20.32 	(6) organic solvents;
20.33 	(7) hydrochloric acid;
20.34 	(8) lithium metal;
20.35 	(9) sodium metal;
21.1 	(10) ether;
21.2 	(11) sulfuric acid;
21.3 	(12) red phosphorus;
21.4 	(13) iodine;
21.5 	(14) sodium hydroxide;
21.6 	(15) benzaldehyde;
21.7 	(16) benzyl methyl ketone;
21.8 	(17) benzyl cyanide;
21.9 	(18) nitroethane;
21.10 	(19) methylamine;
21.11 	(20) phenylacetic acid;
21.12 	(21) hydriodic acid; or
21.13 	(22) hydriotic acid.

21.14 	Sec. 9. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
21.15 		Subdivision 1.Driving while impaired crime; motor vehicle. It is a crime for 
21.16 	any person to drive, operate, or be in physical control of any motor vehicle, as defined 
21.17 	in section 169A.03, subdivision 15, except for motor boats in operation and off-road 
21.18 	recreational vehicles, within this state or on any boundary water of this state when:
21.19 	(1) when the person is under the influence of alcohol;
21.20 	(2) when the person is under the influence of a controlled substance;
21.21 	(3) when the person is knowingly under the influence of a hazardous substance that 
21.22 	affects the nervous system, brain, or muscles of the person so as to substantially impair 
21.23 	the person's ability to drive or operate the motor vehicle;
21.24 	(4) when the person is under the influence of a combination of any two or more of 
21.25 	the elements named in clauses (1), (2), and to (3);
21.26 	(5) when the person's alcohol concentration at the time, or as measured within 
21.27 	two hours of the time, of driving, operating, or being in physical control of the motor 
21.28 	vehicle is 0.08 or more;
21.29 	(6) when the vehicle is a commercial motor vehicle and the person's alcohol 
21.30 	concentration at the time, or as measured within two hours of the time, of driving, 
21.31 	operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
21.32 	(7) when the person's body contains any amount of a controlled substance listed in 
21.33 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

22.1 	Sec. 10. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
22.2 	subdivision to read:
22.3 		Subd. 1a.Driving while impaired crime; motorboat in operation. It is a crime 
22.4 	for any person to operate or be in physical control of a motorboat in operation on any 
22.5 	waters or boundary water of this state when:
22.6 	(1) the person is under the influence of alcohol;
22.7 	(2) the person is under the influence of a controlled substance;
22.8 	(3) the person is knowingly under the influence of a hazardous substance that affects 
22.9 	the nervous system, brain, or muscles of the person so as to substantially impair the 
22.10 	person's ability to drive or operate the motorboat;
22.11 	(4) the person is under the influence of a combination of any two or more of the 
22.12 	elements named in clauses (1) to (3);
22.13 	(5) the person's alcohol concentration at the time, or as measured within two hours 
22.14 	of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or 
22.15 	more; or
22.16 	(6) the person's body contains any amount of a controlled substance listed in 
22.17 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

22.18 	Sec. 11. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
22.19 	subdivision to read:
22.20 		Subd. 1b.Driving while impaired crime; snowmobile and all-terrain vehicle. It 
22.21 	is a crime for any person to operate or be in physical control of a snowmobile as defined in 
22.22 	section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision 
22.23 	8, anywhere in this state or on the ice of any boundary water of this state when:
22.24 	(1) the person is under the influence of alcohol;
22.25 	(2) the person is under the influence of a controlled substance;
22.26 	(3) the person is knowingly under the influence of a hazardous substance that affects 
22.27 	the nervous system, brain, or muscles of the person so as to substantially impair the 
22.28 	person's ability to drive or operate the snowmobile or all-terrain vehicle;
22.29 	(4) the person is under the influence of a combination of any two or more of the 
22.30 	elements named in clauses (1) to (3);
22.31 	(5) the person's alcohol concentration at the time, or as measured within two hours 
22.32 	of the time, of driving, operating, or being in physical control of the snowmobile or 
22.33 	all-terrain vehicle is 0.08 or more; or
22.34 	(6) the person's body contains any amount of a controlled substance listed in 
22.35 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

23.1 	Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a 
23.2 	subdivision to read:
23.3 		Subd. 1c.Driving while impaired crime; off-highway motorcycle and off-road 
23.4 	vehicle. It is a crime for any person to operate or be in physical control of any off-highway 
23.5 	motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined 
23.6 	in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary 
23.7 	water of this state when:
23.8 	(1) the person is under the influence of alcohol;
23.9 	(2) the person is under the influence of a controlled substance;
23.10 	(3) the person is knowingly under the influence of a hazardous substance that affects 
23.11 	the nervous system, brain, or muscles of the person so as to substantially impair the 
23.12 	person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
23.13 	(4) the person is under the influence of a combination of any two or more of the 
23.14 	elements named in clauses (1) to (3);
23.15 	(5) the person's alcohol concentration at the time, or as measured within two hours of 
23.16 	the time, of driving, operating, or being in physical control of the off-highway motorcycle 
23.17 	or off-road vehicle is 0.08 or more; or
23.18 	(6) the person's body contains any amount of a controlled substance listed in 
23.19 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

23.20 	Sec. 13. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
23.21 		Subdivision 1.Degree described. (a) A person who violates section 169A.20, 
23.22 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of second-degree 
23.23 	driving while impaired if two or more aggravating factors were present when the violation 
23.24 	was committed.  
23.25 	(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 
23.26 	chemical test crime), is guilty of second-degree driving while impaired if one aggravating 
23.27 	factor was present when the violation was committed.  

23.28 	Sec. 14. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
23.29 		Subdivision 1.Degree described. (a) A person who violates section 169A.20, 
23.30 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of third-degree driving 
23.31 	while impaired if one aggravating factor was present when the violation was committed.  
23.32 	(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 
23.33 	chemical test crime), is guilty of third-degree driving while impaired.  

24.1 	Sec. 15. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
24.2 		Subdivision 1.Degree described. A person who violates section 169A.20, 
24.3 	subdivision 1, 1a, 1b, or 1c  (driving while impaired crime), is guilty of fourth-degree 
24.4 	driving while impaired.  

24.5 	Sec. 16. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
24.6 		Subd. 2.Permissive consecutive sentences; multiple offenses. (a) When a person 
24.7 	is being sentenced for a violation of a provision listed in paragraph (e), the court may 
24.8 	sentence the person to a consecutive term of imprisonment for a violation of any other 
24.9 	provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the 
24.10 	same course of conduct, subject to the limitation on consecutive sentences contained in 
24.11 	section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).  
24.12 	(b) When a person is being sentenced for a violation of section 171.09 (violation 
24.13 	of condition of restricted license), 171.20 (operation after revocation, suspension, 
24.14 	cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
24.15 	(violation of condition of limited license), the court may not impose a consecutive sentence 
24.16 	for another violation of a provision in chapter 171 (drivers' licenses and training schools).  
24.17 	(c) When a person is being sentenced for a violation of section 169.791 (failure to 
24.18 	provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court 
24.19 	may not impose a consecutive sentence for another violation of a provision of sections 
24.20 	169.79 to 169.7995.  
24.21 	(d) This subdivision does not limit the authority of the court to impose consecutive 
24.22 	sentences for crimes arising on different dates or to impose a consecutive sentence when 
24.23 	a person is being sentenced for a crime and is also in violation of the conditions of 
24.24 	a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or 
24.25 	execution of sentence).  
24.26 	(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 
24.27 	the following if the offender has two or more prior impaired driving convictions within 
24.28 	the past ten years:
24.29 	(1) section 169A.20, subdivision 1, 1a, 1b, or 1c  (driving while impaired; impaired 
24.30 	driving offenses);  
24.31 	(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);  
24.32 	(3) section 169.791;  
24.33 	(4) section 169.797;  
24.34 	(5) section 171.09 (violation of condition of restricted license);  
25.1 	(6) section 171.20, subdivision 2 (operation after revocation, suspension, 
25.2 	cancellation, or disqualification);  
25.3 	(7) section 171.24; and  
25.4 	(8) section 171.30.  

25.5 	Sec. 17. Minnesota Statutes 2008, section 169A.284, is amended to read:
25.6 	169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; 
25.7 	SURCHARGE.
25.8 		Subdivision 1.When required. (a) When a court sentences a person convicted 
25.9 	of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment; 
25.10 	requirement; form), it shall order the person to pay the cost of the assessment directly to 
25.11 	the entity conducting the assessment or providing the assessment services in an amount 
25.12 	determined by the entity conducting or providing the service and shall impose a chemical 
25.13 	dependency assessment charge of $125 $25. The court may waive the $25 assessment 
25.14 	charged, but may not waive the cost for the assessment as to be paid directly to the 
25.15 	entity conducting the assessment or providing assessment services. A person shall pay 
25.16 	an additional surcharge of $5 if the person is convicted of a violation of section 169A.20
25.17 	(driving while impaired) within five years of a prior impaired driving conviction or a prior 
25.18 	conviction for an offense arising out of an arrest for a violation of section 169A.20 or 
25.19 	Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled 
25.20 	substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies 
25.21 	when the sentence is executed, stayed, or suspended. The court may not waive payment 
25.22 	or authorize payment of the assessment charge and surcharge in installments unless it 
25.23 	makes written findings on the record that the convicted person is indigent or that the 
25.24 	assessment charge and surcharge would create undue hardship for the convicted person or 
25.25 	that person's immediate family.  
25.26 	(b) The chemical dependency assessment charge and surcharge required under 
25.27 	this section are in addition to the surcharge required by section 357.021, subdivision 6
25.28 	(surcharges on criminal and traffic offenders).  
25.29 		Subd. 2.Distribution of money. The county court administrator shall collect and 
25.30 	forward to the commissioner of finance $25 of the chemical dependency assessment 
25.31 	charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the 
25.32 	commissioner in writing why the money was not forwarded within this time period. The 
25.33 	commissioner shall credit the money to the commissioner of finance to be deposited in the 
25.34 	state treasury and credited to the general fund. The county shall collect and keep $100 of 
25.35 	the chemical dependency assessment charge.

26.1 	Sec. 18. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
26.2 		Subdivision 1.Impairment occurred after driving ceased. If proven by a 
26.3 	preponderance of the evidence, it is an affirmative defense to a violation of section 
26.4 	169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving 
26.5 	while impaired, alcohol concentration within two hours of driving), or 169A.20 by a 
26.6 	person having an alcohol concentration of 0.20 or more as measured at the time, or within 
26.7 	two hours of the time, of the offense, that the defendant consumed a sufficient quantity 
26.8 	of alcohol after the time of the violation and before the administration of the evidentiary 
26.9 	test to cause the defendant's alcohol concentration to exceed the level specified in the 
26.10 	applicable clause. Evidence that the defendant consumed alcohol after the time of the 
26.11 	violation may not be admitted in defense to any alleged violation of section 169A.20, 
26.12 	unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the 
26.13 	matter.  

26.14 	Sec. 19. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
26.15 		Subdivision 1.Revocation periods for DWI convictions. Except as provided in 
26.16 	subdivision 7, the commissioner shall revoke the driver's license of a person convicted 
26.17 	of violating section 169A.20 (driving while impaired) or an ordinance in conformity 
26.18 	with it, as follows: 
26.19 	(1) for an offense under section 169A.20, subdivision 1 (driving while impaired 
26.20 	crime): not less than 30 days; 
26.21 	(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to 
26.22 	chemical test crime): not less than 90 days; 
26.23 	(3) for an offense occurring within ten years of a qualified prior impaired driving 
26.24 	incident:
26.25 	(i) if the current conviction is for a violation of section 169A.20, subdivision 
26.26 	1, 1a, 1b, or 1c, not less than 180 days and until the court has certified that treatment 
26.27 	or rehabilitation has been successfully completed where prescribed in accordance with 
26.28 	section 169A.70 (chemical use assessments); or 
26.29 	(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 
26.30 	less than one year and until the court has certified that treatment or rehabilitation has been 
26.31 	successfully completed where prescribed in accordance with section 169A.70; 
26.32 	(4) for an offense occurring within ten years of the first of two qualified prior 
26.33 	impaired driving incidents: not less than one year, together with denial under section 
26.34 	171.04, subdivision 1, clause (10), until rehabilitation is established in accordance with 
26.35 	standards established by the commissioner; or 
27.1 	(5) for an offense occurring within ten years of the first of three or more qualified 
27.2 	prior impaired driving incidents: not less than two years, together with denial under 
27.3 	section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 
27.4 	with standards established by the commissioner. 

27.5 	Sec. 20. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
27.6 		Subd. 5.Traffic fines and forfeited bail money. (a) All fines and forfeited bail 
27.7 	money, from traffic and motor vehicle law violations, collected from persons apprehended 
27.8 	or arrested by officers of the State Patrol, shall be paid transmitted by the person or officer 
27.9 	collecting the fines, forfeited bail money, or installments thereof, on or before the tenth 
27.10 	day after the last day of the month in which these moneys were collected, to the county 
27.11 	treasurer of the county where the violation occurred. commissioner of finance. Except 
27.12 	where a different disposition is required in this paragraph, paragraph (b), section 387.213, 
27.13 	or is otherwise provided by law,  three-eighths of these receipts shall be credited to the 
27.14 	general revenue fund of the county, except that in a county in a judicial district under 
27.15 	section 480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted 
27.16 	to the commissioner of finance for deposit deposited in the state treasury and credited to 
27.17 	the state general fund. The other five-eighths of these receipts shall be transmitted by that 
27.18 	officer to the commissioner of finance and must be deposited in the state treasury and
27.19 	credited as follows: (1) the first $600,000 in each fiscal year must be credited to the 
27.20 	Minnesota grade crossing safety account in the special revenue fund, and (2) remaining 
27.21 	receipts must be credited to the state trunk highway fund. If, however, the violation occurs 
27.22 	within a municipality and the city attorney prosecutes the offense, and a plea of not guilty 
27.23 	is entered, one-third of the receipts shall be deposited in the state treasury and credited 
27.24 	to the state general revenue fund of the county, one-third of the receipts shall be paid 
27.25 	to the municipality prosecuting the offense, and one-third shall be transmitted to the 
27.26 	commissioner of finance as provided in this subdivision. deposited in the state treasury 
27.27 	and credited to the Minnesota grade crossing safety account or the state trunk highway 
27.28 	fund as provided in this paragraph. When section 387.213 also is applicable to the fine, 
27.29 	section 387.213 shall be applied before this paragraph is applied. All costs of participation 
27.30 	in a nationwide police communication system chargeable to the state of Minnesota shall 
27.31 	be paid from appropriations for that purpose.
27.32 	(b) Notwithstanding any other provisions of law, all fines and forfeited bail money 
27.33 	from violations of statutes governing the maximum weight of motor vehicles, collected 
27.34 	from persons apprehended or arrested by employees of the state of Minnesota, by means 
27.35 	of stationary or portable scales operated by these employees, shall be paid transmitted by 
28.1 	the person or officer collecting the fines or forfeited bail money, on or before the tenth day 
28.2 	after the last day of the month in which the collections were made, to the county treasurer 
28.3 	of the county where the violation occurred commissioner of finance. Five-eighths of these 
28.4 	receipts shall be transmitted by that officer to the commissioner of finance and shall be
28.5 	deposited in the state treasury and credited to the state highway user tax distribution fund. 
28.6 	Three-eighths of these receipts shall be deposited in the state treasury and credited to the 
28.7 	state general revenue fund of the county, except that in a county in a judicial district 
28.8 	under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be 
28.9 	transmitted to the commissioner of finance for deposit in the state treasury and credited 
28.10 	to the general fund.

28.11 	Sec. 21. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
28.12 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
28.13 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
28.14 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
28.15 	petty misdemeanor offense violation of a statute, ordinance, or administrative rule, other 
28.16 	than a violation of a law or ordinance relating to vehicle parking, for which there shall be 
28.17 	a $4 surcharge. When a defendant is convicted of more than one offense in a case, the 
28.18 	surcharge shall be imposed only once in that case. In the Second Judicial District, the 
28.19 	court shall impose, and the court administrator shall collect, an additional $1 surcharge 
28.20 	on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty 
28.21 	misdemeanor offense, including a violation of a law or ordinance relating to vehicle 
28.22 	parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The 
28.23 	surcharge shall be imposed whether or not the person is sentenced to imprisonment or the 
28.24 	sentence is stayed. The surcharge shall not be imposed when a person is convicted of a 
28.25 	petty misdemeanor for which no fine is imposed.
28.26 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
28.27 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
28.28 	correct the record.
28.29 	(c) The court may not waive payment of the surcharge required under this 
28.30 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
28.31 	or the convicted person's immediate family, the sentencing court may authorize payment 
28.32 	of the surcharge in installments.
28.33 	(d) The court administrator or other entity collecting a surcharge shall forward it 
28.34 	to the commissioner of finance.
29.1 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
29.2 	surcharge before the term of imprisonment begins, the chief executive officer of the 
29.3 	correctional facility in which the convicted person is incarcerated shall collect the 
29.4 	surcharge from any earnings the inmate accrues from work performed in the facility 
29.5 	or while on conditional release. The chief executive officer shall forward the amount 
29.6 	collected to the commissioner of finance court administrator or other entity collecting the 
29.7 	surcharge imposed by the court.

29.8 	Sec. 22. Minnesota Statutes 2008, section 364.08, is amended to read:
29.9 	364.08 PRACTICE OF LAW; EXCEPTION.
29.10 	This chapter shall not apply to the practice of law or judicial branch employment; 
29.11 	but nothing in this section shall be construed to preclude the Supreme Court, in its 
29.12 	discretion, from adopting the policies set forth in this chapter.

29.13 	Sec. 23. Minnesota Statutes 2008, section 375.14, is amended to read:
29.14 	375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
29.15 	The county board shall provide offices at the county seat for the auditor, treasurer, 
29.16 	county recorder, sheriff, court administrator of the district court, and an office for the 
29.17 	county engineer at a site determined by the county board, with suitable furniture and 
29.18 	safes and vaults for the security and preservation of the books and papers of the offices, 
29.19 	and provide heating, lighting, and maintenance of the offices. The board shall furnish 
29.20 	all county officers with all books, stationery, letterheads, envelopes, postage, telephone 
29.21 	service, office equipment, electronic technology, and supplies necessary to the discharge 
29.22 	of their respective duties and make like provision for the judges of the district court 
29.23 	as necessary to the discharge of their duties within the county or concerning matters 
29.24 	arising in it. The board is not required to furnish any county officer with professional or 
29.25 	technical books or instruments except when the board deems them directly necessary to 
29.26 	the discharge of official duties as part of the permanent equipment of the office.

29.27 	Sec. 24. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision 
29.28 	to read:
29.29 		Subd. 10c.Uniform collections policies and procedures for courts. (a) 
29.30 	Notwithstanding chapter 16D, the state court administrator under the direction of the 
29.31 	Judicial Council may promulgate uniform collections policies and procedures for the 
29.32 	courts and may contract with credit bureaus, public and private collection agencies, the 
29.33 	Department of Revenue, and other public or private entities providing collection services 
30.1 	as necessary for the collection of court debts. The court collection process and procedures 
30.2 	are not subject to section 16A.1285 or chapter 16D.
30.3 	(b) Court debt means an amount owed to the state directly or through the judicial 
30.4 	branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, 
30.5 	court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, 
30.6 	liability owed, an assignment to the judicial branch, recovery of costs incurred by the 
30.7 	judicial branch, or any other source of indebtedness to the judicial branch as well as 
30.8 	amounts owed to other public or private entities for which the judicial branch acts in 
30.9 	providing collection services, or any other amount owed to the judicial branch.
30.10 	(c) The courts must pay for the collection services of public or private collection 
30.11 	entities as well as the cost of one or more court employees to provide collection interface 
30.12 	services between the Department of Revenue, the courts, and one or more collection 
30.13 	entities from the money collected. The portion of the money collected which must be paid 
30.14 	to the collection entity as collection fees and costs and the portion of the money collected 
30.15 	which must be paid to the courts or Department of Revenue for collection services are 
30.16 	appropriated from the fund to which the collected money is due.
30.17 	(d) As determined by the state court administrator, collection costs shall be added to 
30.18 	the debts referred to a public or private collection entity for collection.
30.19 	Collection costs shall include the fees of the collection entity, and may include, if 
30.20 	separately provided, skip tracing fees, credit bureau reporting charges, fees assessed 
30.21 	by any public entity for obtaining information necessary for debt collection, or other 
30.22 	collection-related costs. Collection costs shall also include the costs of one or more court 
30.23 	employees employed by the state court administrator to provide a collection interface 
30.24 	between the collection entity, the Department of Revenue, and the courts.
30.25 	If the collection entity collects an amount less than the total due, the payment is 
30.26 	applied proportionally to collection costs and the underlying debt. Collection costs in 
30.27 	excess of collection agency fees and court employee collection interface costs must be 
30.28 	deposited in the general fund as nondedicated receipts.

30.29 	Sec. 25. Minnesota Statutes 2008, section 484.85, is amended to read:
30.30 	484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; 
30.31 	ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
30.32 	(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 
30.33 	for the violation of a statute or ordinance by the state or a governmental subdivision other 
30.34 	than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 
30.35 	paid over to the county treasurer except where a different disposition is provided by law, 
31.1 	and the following fees shall be taxed to the state or governmental subdivision other than 
31.2 	a city or town within Ramsey County which would be entitled to payment of the fines, 
31.3 	forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 
31.4 	disposal of the matter. The administrator shall deduct the fees from any fine collected for 
31.5 	the state of Minnesota or a governmental subdivision other than a city or town within 
31.6 	Ramsey County and transmit the balance in accordance with the law, and the deduction of 
31.7 	the total of the fees each month from the total of all the fines collected is hereby expressly 
31.8 	made an appropriation of funds for payment of the fees: 
31.9 	(1) in all cases where the defendant is brought into court and pleads guilty and is 
31.10 	sentenced, or the matter is otherwise disposed of without a trial, $5;
31.11 	(2) in arraignments where the defendant waives a preliminary examination, $10;
31.12 	(3) in all other cases where the defendant stands trial or has a preliminary 
31.13 	examination by the court, $15; and 
31.14 	(4) the court shall have the authority to waive the collection of fees in any particular 
31.15 	case.
31.16 	(b) On or before the last day of each month, the county treasurer shall pay over 
31.17 	to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 
31.18 	collected and to the treasurer of each other municipality or subdivision of government in 
31.19 	Ramsey County one-half of all fines or penalties collected during the previous month from 
31.20 	those imposed for offenses committed within the treasurer's municipality or subdivision 
31.21 	of government in violation of a statute; an ordinance; or a charter provision, rule, or 
31.22 	regulation of a city. All other fines and forfeitures and all fees and costs collected by the 
31.23 	district court shall be paid to the treasurer of Ramsey County, who shall dispense the 
31.24 	same as provided by law. 
31.25 	(a) In all cases prosecuted in Ramsey County District Court by an attorney for 
31.26 	a municipality or subdivision of government within Ramsey County for violation of 
31.27 	a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, 
31.28 	penalties, and forfeitures collected by the court administrator shall be deposited in the state 
31.29 	treasury  and distributed according to this paragraph. Except where a different disposition 
31.30 	is provided by section 299D.03, subdivision 5, or other law, on or before the last day of 
31.31 	each month, the court shall pay over all fines, penalties, and forfeitures collected by the 
31.32 	court administrator during the previous month as follows:
31.33 	(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer 
31.34 	of the city of St. Paul and one-third credited to the state general fund; and
32.1 	(2) for offenses committed within any other municipality or subdivision of 
32.2 	government within Ramsey County, one-half to the treasurer of the municipality or 
32.3 	subdivision of government and one-half credited to the state general fund.
32.4 	All other fines, penalties, and forfeitures collected by the district court shall be 
32.5 	distributed by the courts as provided by law.
32.6 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph 
32.7 	(a) when:
32.8 	(1) a city contracts with the county attorney for prosecutorial services under section 
32.9 	484.87, subdivision 3; or
32.10 	(2) the attorney general provides assistance to the city attorney under section 484.87, 
32.11 	subdivision 5.

32.12 	Sec. 26. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
32.13 		Subd. 6. Allocation.  The court administrator shall provide the county treasurer with 
32.14 	the name of the municipality or other subdivision of government where the offense was 
32.15 	committed which employed or provided by contract the arresting or apprehending officer 
32.16 	and the name of the municipality or other subdivision of government which employed the 
32.17 	prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 
32.18 	penalty and the total amount of fines or penalties collected for each municipality or other 
32.19 	subdivision of government. On or before the last day of each month, the county treasurer 
32.20 	shall pay over to the treasurer of each municipality or subdivision of government within 
32.21 	the county all fines or penalties for parking violations for which complaints and warrants 
32.22 	have not been issued and one-third of all fines or penalties collected during the previous 
32.23 	month for offenses committed within the municipality or subdivision of government from 
32.24 	persons arrested or issued citations by officers employed by the municipality or subdivision 
32.25 	or provided by the municipality or subdivision by contract. An additional one-third of all 
32.26 	fines or penalties shall be paid to the municipality or subdivision of government providing 
32.27 	prosecution of offenses of the type for which the fine or penalty is collected occurring 
32.28 	within the municipality or subdivision, imposed for violations of state statute or of an 
32.29 	ordinance, charter provision, rule, or regulation of a city whether or not a guilty plea is 
32.30 	entered or bail is forfeited. Except as provided in section 299D.03, subdivision 5, or as 
32.31 	otherwise provided by law, all other fines and forfeitures and all fees and statutory court 
32.32 	costs collected by the court administrator shall be paid to the county treasurer of the county 
32.33 	in which the funds were collected who shall dispense them as provided by law. In a county 
32.34 	in a judicial district under section 480.181, subdivision 1, paragraph (b), all other fines, 
32.35 	forfeitures, fees, and statutory court costs must be paid to the commissioner of finance for 
33.1 	deposit in the state treasury and credited to the general fund. (a) In all cases prosecuted in 
33.2 	district court by an attorney for a municipality or other subdivision of government within 
33.3 	the county for violations of state statute, or of an ordinance; or charter provision, rule, 
33.4 	or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in 
33.5 	the state treasury and distributed according to this paragraph. Except where a different 
33.6 	disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law, 
33.7 	on or before the last day of each month, the courts shall pay over all fines, penalties, and 
33.8 	forfeitures collected by the court administrator during the previous month as follows:
33.9 	(1) 100 percent of all fines or penalties for parking violations for which complaints 
33.10 	and warrants have not been issued to the treasurer of the city or town in which the offense 
33.11 	was committed; and
33.12 	(2) two-thirds of all other fines to the treasurer of the city or town in which the 
33.13 	offense was committed and one-third credited to the state general fund.
33.14 	All other fines, penalties, and forfeitures collected by the court administrator shall be 
33.15 	distributed by the courts as provided by law.
33.16 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph 
33.17 	(a) when:
33.18 	(1) a city contracts with the county attorney for prosecutorial services under section 
33.19 	484.87, subdivision 3;
33.20 	(2) a city has a population of 600 or less and has given the duty to prosecute cases to 
33.21 	the county attorney under section 487.87; or
33.22 	(3) the attorney general provides assistance to the county attorney as permitted 
33.23 	by law.

33.24 	Sec. 27. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
33.25 		Subd. 9.Judgment debtor disclosure. Notwithstanding any contrary provision in 
33.26 	rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a 
33.27 	conciliation court judgment or a judgment of district court on removal from conciliation 
33.28 	court has been docketed in district court, the judgment creditor's attorney as an officer of 
33.29 	the court may or the district court in the county in which the judgment originated shall, 
33.30 	upon request of the judgment creditor, order the judgment debtor to mail to the judgment 
33.31 	creditor information as to the nature, amount, identity, and locations of all the debtor's 
33.32 	assets, liabilities, and personal earning. The information must be provided on a form 
33.33 	prescribed by the Supreme Court, and the information shall be sufficiently detailed to 
33.34 	enable the judgment creditor to obtain satisfaction of the judgment by way of execution on 
33.35 	nonexempt assets and earnings of the judgment debtor. The order must contain a notice 
34.1 	that failure to complete the form and mail it to the judgment creditor within ten days after 
34.2 	service of the order may result in a citation for civil contempt of court. Cash bail posted as 
34.3 	a result of being cited for civil contempt of court order under this section may be ordered 
34.4 	payable to the creditor to satisfy the judgment, either partially or fully.

34.5 	Sec. 28. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
34.6 		Subdivision 1.Original documents. The court administrator of any county upon 
34.7 	order of the judge exercising probate jurisdiction may destroy all the original documents 
34.8 	in any probate proceeding of record in the office five years after the file in such proceeding 
34.9 	has been closed provided the original or a Minnesota state archives commission approved 
34.10 	photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy 
34.11 	of the original of the following enumerated documents in the proceeding are on file in 
34.12 	the office.
34.13 	Enumerated original documents:
34.14 	(a) In estates, the jurisdictional petition and proof of publication of the notice of 
34.15 	hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders 
34.16 	directing and confirming sale, mortgage, lease, or for conveyance of real estate; order 
34.17 	setting apart statutory selection; receipts for federal estate taxes and state estate taxes; 
34.18 	orders of distribution and general protection; decrees of distribution; federal estate tax 
34.19 	closing letter, consent to discharge by commissioner of revenue and order discharging 
34.20 	representative; and any amendment of the listed documents.
34.21 	When an estate is deemed closed as provided in clause (d) of this subdivision, the 
34.22 	enumerated documents shall include all claims of creditors.
34.23 	(b) In guardianships or conservatorships, the jurisdictional petition and order for 
34.24 	hearing thereof with proof of service; letters; orders directing and confirming sale, 
34.25 	mortgage, lease or for conveyance of real estate; order for restoration to capacity and order 
34.26 	discharging guardian; and any amendment of the listed documents.
34.27 	(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of 
34.28 	examination; warrant of commitment; notice of discharge from institution, or notice of 
34.29 	death and order for restoration to capacity; and any amendment of the listed documents.
34.30 	(d) Except for the enumerated documents described in this subdivision, the court 
34.31 	administrator may destroy all other original documents in any probate proceeding without 
34.32 	retaining any reproduction of the document. For the purpose of this subdivision, a 
34.33 	proceeding is deemed closed if no document has been filed in the proceeding for a period 
34.34 	of 15 years, except in the cases of wills filed for safekeeping and those containing wills of 
34.35 	decedents not adjudicated upon.

35.1 	Sec. 29. Minnesota Statutes 2008, section 550.011, is amended to read:
35.2 	550.011 JUDGMENT DEBTOR DISCLOSURE.
35.3 	Unless the parties have otherwise agreed, if a judgment has been docketed in 
35.4 	district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's 
35.5 	attorney as an officer of the court may or the district court in the county in which the 
35.6 	judgment originated shall, upon request of the judgment creditor, order the judgment 
35.7 	debtor to mail by certified mail to the judgment creditor information as to the nature, 
35.8 	amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings. 
35.9 	The information must be provided on a form prescribed by the Supreme Court, and 
35.10 	the information shall be sufficiently detailed to enable the judgment creditor to obtain 
35.11 	satisfaction of the judgment by way of execution on nonexempt assets and earnings of the 
35.12 	judgment debtor. The order must contain a notice that failure to complete the form and 
35.13 	mail it to the judgment creditor within ten days after service of the order may result in a 
35.14 	citation for civil contempt of court. Cash bail posted as a result of being cited for civil 
35.15 	contempt of court order under this section may be ordered payable to the creditor to 
35.16 	satisfy the judgment, either partially or fully.

35.17 	Sec. 30. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
35.18 		Subd. 2.Consecutive sentences. (a) When a person is being sentenced for a 
35.19 	violation of a provision listed in paragraph (e), the court may sentence the person to a 
35.20 	consecutive term of imprisonment for a violation of any other provision listed in paragraph 
35.21 	(e), notwithstanding the fact that the offenses arose out of the same course of conduct, 
35.22 	subject to the limitation on consecutive sentences contained in section 609.15, subdivision 
35.23 	2, and except as provided in paragraphs (b), (c), and (f) of this subdivision. 
35.24 	(b) When a person is being sentenced for a violation of section 171.09, 171.20, 
35.25 	171.24, or 171.30, the court may not impose a consecutive sentence for another violation 
35.26 	of a provision in chapter 171. 
35.27 	(c) When a person is being sentenced for a violation of section 169.791 or 169.797, 
35.28 	the court may not impose a consecutive sentence for another violation of a provision 
35.29 	of sections 169.79 to 169.7995. 
35.30 	(d) This subdivision does not limit the authority of the court to impose consecutive 
35.31 	sentences for crimes arising on different dates or to impose a consecutive sentence when a 
35.32 	person is being sentenced for a crime and is also in violation of the conditions of a stayed 
35.33 	or otherwise deferred sentence under section 609.135. 
36.1 	(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 
36.2 	the following if the offender has two or more prior impaired driving convictions as defined 
36.3 	in section 169A.03 within the past ten years: 
36.4 	(1) section 169A.20, subdivision 1, 1a, 1b, or 1c , driving while impaired; 
36.5 	(2) section 169A.20, subdivision 2, test refusal; 
36.6 	(3) section 169.791, failure to provide proof of insurance; 
36.7 	(4) section 169.797, failure to provide vehicle insurance; 
36.8 	(5) section 171.09, violation of condition of restricted license; 
36.9 	(6) section 171.20, subdivision 2, operation after revocation, suspension, 
36.10 	cancellation, or disqualification; 
36.11 	(7) section 171.24, driving without valid license; and 
36.12 	(8) section 171.30, violation of condition of limited license. 
36.13 	(f) When a court is sentencing an offender for a violation of section 169A.20 and a 
36.14 	violation of an offense listed in paragraph (e), and the offender has five or more qualified 
36.15 	prior impaired driving incidents, as defined in section 169A.03, within the past ten years, 
36.16 	the court shall sentence the offender to serve consecutive sentences for the offenses, 
36.17 	notwithstanding the fact that the offenses arose out of the same course of conduct. 

36.18 	Sec. 31. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
36.19 		Subdivision 1.Sentences available. (a) Upon conviction of a felony and compliance 
36.20 	with the other provisions of this chapter the court, if it imposes sentence, may sentence 
36.21 	the defendant to the extent authorized by law as follows:
36.22 	(1) to life imprisonment; or
36.23 	(2) to imprisonment for a fixed term of years set by the court; or
36.24 	(3) to both imprisonment for a fixed term of years and payment of a fine; or
36.25 	(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of 
36.26 	years if the fine is not paid or as an intermediate sanction on a stayed sentence; or
36.27 	(5) to payment of court-ordered restitution in addition to either imprisonment 
36.28 	or payment of a fine, or both; or
36.29 	(6) to payment of a local correctional fee as authorized under section 609.102 in 
36.30 	addition to any other sentence imposed by the court.  
36.31 	(b) If the court imposes a fine or orders restitution under paragraph (a), payment is 
36.32 	due on the date imposed unless the court otherwise establishes a due date or a payment 
36.33 	plan.

36.34 	Sec. 32. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
37.1 		Subd. 4.Minimum fines; other crimes. Notwithstanding any other law:
37.2 	(1) when a court sentences a person convicted of a felony that is not listed in 
37.3 	subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
37.4 	authorized by law nor more than the maximum fine authorized by law; and
37.5 	(2) when a court sentences a person convicted of a gross misdemeanor or 
37.6 	misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
37.7 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
37.8 	authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
37.9 	established by the Judicial Council in consultation with affected state and local agencies. 
37.10 	This schedule shall be promulgated not later than September 1 of each year and shall 
37.11 	become effective on January 1 of the next year unless the legislature, by law, provides 
37.12 	otherwise according to section 609.1315.
37.13 	The minimum fine required by this subdivision is in addition to the surcharge or 
37.14 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
37.15 	of imprisonment or restitution imposed or ordered by the court. 
37.16 	The court shall collect the fines mandated in this subdivision and, except for fines for 
37.17 	traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and 
37.18 	fish and game violations governed by section 97A.065, forward 20 percent of the revenues 
37.19 	to the commissioner of finance for deposit in the general fund. 

37.20 	Sec. 33. [609.104] FINE AND SURCHARGE COLLECTION.
37.21 		Subdivision 1.Failure to pay restitution or fine. (a) Any portion of a fine, 
37.22 	surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may 
37.23 	be referred for collection under section 480.15, subdivision 10c. If the defendant has 
37.24 	agreed to a payment plan but fails to pay an installment when due, the entire amount 
37.25 	remaining becomes due and payable and may be referred for collection under section 
37.26 	480.15, subdivision 10c.
37.27 	(b) The defendant may contest the referral for collection based on inability to pay by 
37.28 	requesting a hearing no later than the due date. The defendant shall be notified in writing 
37.29 	at sentencing that under section 480.15, subdivision 10c, the court may refer the case for 
37.30 	collection for nonpayment, and collection costs may be added to the amount due. The 
37.31 	defendant shall also be notified in writing of the right to contest a referral for collection. 
37.32 	The state court administrator shall develop the notice language.
37.33 		Subd. 2.Fine and surcharge collection. (a) A defendant's obligation to pay 
37.34 	court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due 
37.35 	date for a period set by the Judicial Council.
38.1 	(b) Any change in the collection period established by the Judicial Council shall be 
38.2 	effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on 
38.3 	or after the effective date of this section.
38.4 	(c) The period relating to a defendant's obligation to pay restitution under paragraph 
38.5 	(a) does not limit the victim's right to collect restitution through other means such as a 
38.6 	civil judgment.
38.7 	(d) Nothing in this subdivision extends the period of a defendant's stay of sentence 
38.8 	imposition or execution.

38.9 	Sec. 34. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
38.10 		Subdivision 1.Sentences available. (a) Upon conviction of a misdemeanor or gross 
38.11 	misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, 
38.12 	sentence the defendant:
38.13 	(1) to imprisonment for a definite term; or
38.14 	(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid
38.15 	without imprisonment or as an intermediate sanction on a stayed sentence; or
38.16 	(3) to both imprisonment for a definite term and payment of a fine; or
38.17 	(4) to payment of court-ordered restitution in addition to either imprisonment 
38.18 	or payment of a fine, or both; or
38.19 	(5) to payment of a local correctional fee as authorized under section 609.102 in 
38.20 	addition to any other sentence imposed by the court; or  
38.21 	(6) to perform work service in a restorative justice program in addition to any other 
38.22 	sentence imposed by the court.
38.23 	(b) If the court imposes a fine or orders restitution under paragraph (a), payment is 
38.24 	due on the date imposed unless the court otherwise establishes a due date or a payment 
38.25 	plan.

38.26 	Sec. 35. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
38.27 		Subd. 3.Use of conviction for enhancement. Notwithstanding any other law, a 
38.28 	conviction for a violation that was originally charged as a misdemeanor and was treated 
38.29 	as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure, or 
38.30 	was treated as a petty misdemeanor by inclusion on the uniform fine schedule, may not 
38.31 	be used as the basis for charging a subsequent violation as a gross misdemeanor rather 
38.32 	than a misdemeanor.

38.33 	Sec. 36. [609.1315] UNIFORM FINE SCHEDULE.
39.1 		Subdivision 1.Establishment and effective date. The Judicial Council shall 
39.2 	establish a uniform fine schedule in consultation with affected state and local agencies. 
39.3 	The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but 
39.4 	shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine 
39.5 	schedule shall set a fine that may be paid for each offense in lieu of a court appearance. 
39.6 	The uniform fine schedule shall be submitted to the chairs and ranking minority members 
39.7 	of the senate and house of representatives committees having jurisdiction over criminal 
39.8 	justice policy and funding by January 15 of each year and shall become effective on July 1 
39.9 	of that year unless the legislature, by law, provides otherwise. 
39.10 		Subd. 2.Effect on misdemeanor offenses. Any misdemeanors included on the 
39.11 	uniform fine schedule shall be treated as petty misdemeanors unless on the third or 
39.12 	subsequent offense, the charge is brought by formal complaint or, for offenses described in 
39.13 	chapter 169, the violation was committed in a manner or under circumstances so as to 
39.14 	endanger or be likely to endanger any person or property. Nothing in this section limits 
39.15 	the operation of section 169.89, subdivision 1.
39.16 		Subd. 3.Notice. A defendant must be advised in writing that payment of the fine for 
39.17 	an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to 
39.18 	trial, and waiver of the right to counsel.

39.19 	Sec. 37. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
39.20 		Subdivision 1.Terms and conditions. (a) Except when a sentence of life 
39.21 	imprisonment is required by law, or when a mandatory minimum sentence is required by 
39.22 	section 609.11, any court may stay imposition or execution of sentence and: 
39.23 	(1) may order intermediate sanctions without placing the defendant on probation; or
39.24 	(2) may place the defendant on probation with or without supervision and on the 
39.25 	terms the court prescribes, including intermediate sanctions when practicable. The court 
39.26 	may order the supervision to be under the probation officer of the court, or, if there is 
39.27 	none and the conviction is for a felony or gross misdemeanor, by the commissioner of 
39.28 	corrections, or in any case by some other suitable and consenting person. Unless the court 
39.29 	directs otherwise, state parole and probation agents and probation officers may impose 
39.30 	community work service or probation violation sanctions, consistent with section 243.05, 
39.31 	subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5. 
39.32 	No intermediate sanction may be ordered performed at a location that fails to 
39.33 	observe applicable requirements or standards of chapter 181A or 182, or any rule 
39.34 	promulgated under them.
40.1 	(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term 
40.2 	"intermediate sanctions" includes but is not limited to incarceration in a local jail or 
40.3 	workhouse, home detention, electronic monitoring, intensive probation, sentencing to 
40.4 	service, reporting to a day reporting center, chemical dependency or mental health 
40.5 	treatment or counseling, restitution, fines, day-fines, community work service, work 
40.6 	service in a restorative justice program, work in lieu of or to work off fines and, with the 
40.7 	victim's consent, work in lieu of or to work off restitution. 
40.8 	(c) A court may not stay the revocation of the driver's license of a person convicted 
40.9 	of violating the provisions of section 169A.20. 
40.10 	(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, 
40.11 	payment is due on the date imposed unless the court otherwise establishes a due date 
40.12 	or a payment plan.

40.13 	Sec. 38. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
40.14 		Subd. 1a.Failure to pay restitution or fine. If the court orders payment of 
40.15 	restitution or a fine as a condition of probation and if the defendant fails to pay the 
40.16 	restitution or a fine in accordance with the payment schedule or structure established 
40.17 	by the court or the probation officer, the prosecutor or the defendant's probation officer 
40.18 	may, on the prosecutor's or the officer's own motion or at the request of the victim, 
40.19 	ask the court to hold a hearing to determine whether or not the conditions of probation 
40.20 	should be changed or probation should be revoked. The defendant's probation officer 
40.21 	shall ask for the hearing if the restitution or fine ordered has not been paid prior to 60 
40.22 	days before the term of probation expires. The court shall schedule and hold this hearing 
40.23 	and take appropriate action, including action under subdivision 2, paragraph (g), before 
40.24 	the defendant's term of probation expires.
40.25 	Nothing in this subdivision limits the court's ability to refer the case to collections 
40.26 	under section 609.104 when a defendant fails to pay court-ordered restitution.

40.27 	Sec. 39. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
40.28 		Subd. 2.Stay of sentence maximum periods. (a) If the conviction is for a felony 
40.29 	other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not 
40.30 	more than four years or the maximum period for which the sentence of imprisonment 
40.31 	might have been imposed, whichever is longer. 
40.32 	(b) If the conviction is for a gross misdemeanor violation of section 169A.20
40.33 	or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21, 
40.34 	subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The 
41.1 	court shall provide for unsupervised probation for the last year of the stay unless the court 
41.2 	finds that the defendant needs supervised probation for all or part of the last year. 
41.3 	(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the 
41.4 	stay shall be for not more than two years.
41.5 	(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, 
41.6 	subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 
41.7 	609.224, subdivision 1, in which the victim of the crime was a family or household 
41.8 	member as defined in section 518B.01, the stay shall be for not more than two years. The 
41.9 	court shall provide for unsupervised probation for the second year of the stay unless the 
41.10 	court finds that the defendant needs supervised probation for all or part of the second year. 
41.11 	(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay 
41.12 	shall be for not more than one year.
41.13 	(f) The defendant shall be discharged six months after the term of the stay expires, 
41.14 	unless the stay has been revoked or extended under paragraph (g), or the defendant has 
41.15 	already been discharged.
41.16 	(g) Notwithstanding the maximum periods specified for stays of sentences under 
41.17 	paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year 
41.18 	if it finds, at a hearing conducted under subdivision 1a, that:
41.19 	(1) the defendant has not paid court-ordered restitution or a fine in accordance 
41.20 	with the payment schedule or structure; and
41.21 	(2) the defendant is likely to not pay the restitution or fine the defendant owes before 
41.22 	the term of probation expires.
41.23 	This one-year extension of probation for failure to pay restitution or a fine may be 
41.24 	extended by the court for up to one additional year if the court finds, at another hearing 
41.25 	conducted under subdivision 1a, that the defendant still has not paid the court-ordered 
41.26 	restitution or fine that the defendant owes.
41.27 	Nothing in this subdivision limits the court's ability to refer the case to collections 
41.28 	under section 609.104.
41.29 	(h) Notwithstanding the maximum periods specified for stays of sentences under 
41.30 	paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three 
41.31 	years if it finds, at a hearing conducted under subdivision 1c, that:
41.32 	(1) the defendant has failed to complete court-ordered treatment successfully; and
41.33 	(2) the defendant is likely not to complete court-ordered treatment before the term of 
41.34 	probation expires.

42.1 	Sec. 40. Minnesota Statutes 2008, section 631.48, is amended to read:
42.2 	631.48 SENTENCE; COSTS OF PROSECUTION.
42.3 	In a criminal action, upon conviction of the defendant, the court may order as part of 
42.4 	the sentence that defendant shall pay the whole or any part of the disbursements of the 
42.5 	prosecution, including disbursements made to extradite a defendant. The court may order 
42.6 	this payment in addition to any other penalty authorized by law which it may impose. The 
42.7 	payment of the disbursements of prosecution may be enforced in the same manner as the 
42.8 	sentence, or by execution against property. When collected, the disbursements must be 
42.9 	paid into the treasury of the county of conviction, but of ordered prosecution costs shall be 
42.10 	paid to the municipality or subdivision of government which employed the prosecuting 
42.11 	attorney or otherwise provided for prosecution of the case. This payment may not interfere 
42.12 	with the payment of officers', witnesses', or jurors' fees.

42.13 	Sec. 41.  REPEALER.
 42.14 	Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 
42.15 	2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, 
42.16 	subdivision 8, are repealed.