2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public safety; enacting the Minnesota 1.3 Citizens' Personal Protection Act of 2003; recognizing 1.4 the inherent right of law-abiding citizens to 1.5 self-protection through the lawful use of 1.6 self-defense; providing a system under which 1.7 responsible, competent adults can exercise their right 1.8 to self-protection by authorizing them to obtain a 1.9 permit to carry a pistol; providing criminal 1.10 penalties; appropriating money; amending Minnesota 1.11 Statutes 2002, sections 13.871, by adding a 1.12 subdivision; 609.66, subdivision 1d; 624.712, by 1.13 adding a subdivision; 624.714, subdivisions 2, 3, 4, 1.14 6, 7, 8, 10, 12, by adding subdivisions; proposing 1.15 coding for new law in Minnesota Statutes, chapter 624; 1.16 repealing Minnesota Statutes 2002, section 624.714, 1.17 subdivisions 1, 5. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. Minnesota Statutes 2002, section 13.871, is 1.20 amended by adding a subdivision to read: 1.21 Subd. 9. [PISTOL PERMIT DATA.] Data on persons permitted 1.22 to carry pistols under the terms of a permit must be shared as 1.23 required by section 624.714, subdivision 6. 1.24 Sec. 2. Minnesota Statutes 2002, section 609.66, 1.25 subdivision 1d, is amended to read: 1.26 Subd. 1d. [
FELONY;POSSESSION ON SCHOOL PROPERTY; 1.27 PENALTY.] (a) Except as provided under paragraph (c), whoever 1.28 possesses, stores, or keeps a dangerous weapon or uses or 1.29 brandishes a replica firearm or a BB gun while knowingly on 1.30 school property is guilty of a felony and may be sentenced to 1.31 imprisonment for not more than two years or to payment of a fine 2.1 of not more than $5,000, or both. 2.2 (b) Whoever possesses, stores, or keeps a replica firearm 2.3 or a BB gun on school property is guilty of a gross misdemeanor. 2.4 (c) Notwithstanding paragraph (a) or (b), it is a petty 2.5 misdemeanor for a person authorized to carry a firearm under the 2.6 provisions of a permit or otherwise to carry a firearm on or 2.7 about the person's clothes or person in a location the person 2.8 knows is school property. Notwithstanding section 609.531, a 2.9 firearm carried in violation of this paragraph is not subject to 2.10 forfeiture. 2.11 (d) As used in this subdivision: 2.12 (1) "BB gun" means a device that fires or ejects a shot 2.13 measuring .18 of an inch or less in diameter; 2.14 (2) "dangerous weapon" has the meaning given it in section 2.15 609.02, subdivision 6; 2.16 (3) "replica firearm" has the meaning given it in section 2.17 609.713; and 2.18 (4) "school property" means: 2.19 (i) a public or private elementary, middle, or secondary 2.20 school building and its improved grounds or a child care center 2.21 licensed under chapter 245A, whether leased or owned by the 2.22 school, occupied by educational facilities; and 2.23 (ii) the area within a school bus when that bus is being 2.24 used by a school to transport one or more elementary, middle, or 2.25 secondary school students for educational purposes. 2.26 (d)(e) This subdivision does not apply to: 2.27 (1) licensed peace officers, military personnel, or 2.28 students participating in military training, who are on-duty, 2.29 performing official duties; 2.30 (2) persons who carry pistols according to the terms of a2.31 permitauthorized to carry a pistol under section 624.714 while 2.32 in a motor vehicle or outside of a motor vehicle to directly 2.33 place a firearm in, or retrieve it from, the trunk or rear area 2.34 of the vehicle; 2.35 (3) persons who keep or store in a motor vehicle pistols in 2.36 accordance with sectionssection 624.714 andor 624.715 or other 3.1 firearms in accordance with section 97B.045; 3.2 (4) firearm safety or marksmanship courses or activities 3.3 conducted on school property; 3.4 (5) possession of dangerous weapons, BB guns, or replica 3.5 firearms by a ceremonial color guard; 3.6 (6) a gun or knife show held on school property; or 3.7 (7) possession of dangerous weapons, BB guns, or replica 3.8 firearms with written permission of the principal or director of 3.9 a child care center. 3.10 Sec. 3. Minnesota Statutes 2002, section 624.712, is 3.11 amended by adding a subdivision to read: 3.12 Subd. 11. [COMMISSIONER.] "Commissioner" means the 3.13 commissioner of public safety unless otherwise indicated. 3.14 Sec. 4. Minnesota Statutes 2002, section 624.714, is 3.15 amended by adding a subdivision to read: 3.16 Subd. 1a. [PERMIT REQUIRED; PENALTY.] A person, other than 3.17 a peace officer, as defined in section 626.84, subdivision 1, 3.18 who carries, holds, or possesses a pistol in a motor vehicle, 3.19 snowmobile, or boat, or on or about the person's clothes or the 3.20 person, or otherwise in possession or control in a public place, 3.21 as defined in section 624.7181, subdivision 1, paragraph (c), 3.22 without first having obtained a permit to carry the pistol is 3.23 guilty of a gross misdemeanor. A person who is convicted a 3.24 second or subsequent time is guilty of a felony. 3.25 Sec. 5. Minnesota Statutes 2002, section 624.714, is 3.26 amended by adding a subdivision to read: 3.27 Subd. 1b. [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 3.28 a permit to carry must have the permit card and a driver's 3.29 license, state identification card, or other government issued 3.30 photo-identification in immediate possession at all times when 3.31 carrying a pistol and must display the permit card and 3.32 identification document upon lawful demand by a peace officer, 3.33 as defined in section 626.84, subdivision 1. A violation of 3.34 this paragraph is a petty misdemeanor. The fine for a first 3.35 offense must not exceed $25. Notwithstanding section 609.531, a 3.36 firearm carried in violation of this paragraph is not subject to 4.1 forfeiture. 4.2 (b) A citation issued for violating paragraph (a) must be 4.3 dismissed if the person demonstrates, in court or in the office 4.4 of the arresting officer, that the person was authorized to 4.5 carry the pistol at the time of the alleged violation. 4.6 (c) Upon the request of a peace officer, a permit holder 4.7 must write a sample signature in the officer's presence to aid 4.8 in verifying the person's identity. 4.9 Sec. 6. Minnesota Statutes 2002, section 624.714, 4.10 subdivision 2, is amended to read: 4.11 Subd. 2. [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 4.12 PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 4.13 residents for permits to carry shall be made to the chief of4.14 police of an organized full-time police department of the4.15 municipality where the applicant resides orto the county 4.16 sheriff where there is no such local chief of policewhere the 4.17 applicant resides. At the time of application, the local police4.18 authority shall provide the applicant with a dated receipt for4.19 the application.Nonresidents, as defined in section 171.01, 4.20 subdivision 42, may apply to any sheriff. 4.21 (b) A sheriff must issue a permit to an applicant if the 4.22 person: 4.23 (1) has training in the safe use of a pistol; 4.24 (2) is at least 21 years old and a citizen or a permanent 4.25 resident of the United States; 4.26 (3) completes an application for a permit; and 4.27 (4) is not prohibited from possessing a firearm under the 4.28 following sections: 4.29 (i) 518B.01, subdivision 14; 4.30 (ii) 609.224, subdivision 3; 4.31 (iii) 609.2242, subdivision 3; 4.32 (iv) 609.749, subdivision 8; 4.33 (v) 624.713; 4.34 (vi) 624.719; 4.35 (vii) 629.715, subdivision 2; or 4.36 (viii) 629.72, subdivision 2. 5.1 (c) A permit to carry a pistol issued or recognized under 5.2 this section is a state permit and is effective throughout the 5.3 state. 5.4 (d) A sheriff may contract with a police chief to process 5.5 permit applications under this section. If a sheriff contracts 5.6 with a police chief, the sheriff remains the issuing authority 5.7 and the police chief acts as the sheriff's agent. If a sheriff 5.8 contracts with a police chief, all of the provisions of this 5.9 section will apply. 5.10 Sec. 7. Minnesota Statutes 2002, section 624.714, is 5.11 amended by adding a subdivision to read: 5.12 Subd. 2a. [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 5.13 applicant must present evidence that the applicant received 5.14 training in the safe use of a pistol within four years of the 5.15 date of an original or renewal application. Training may be 5.16 demonstrated by: 5.17 (1) licensure as a peace officer in the state of Minnesota; 5.18 or 5.19 (2) completion of a firearms safety or training course 5.20 providing basic training in the safe use of a pistol and 5.21 conducted by a certified instructor. 5.22 (b) Basic training must include: 5.23 (1) instruction in the fundamentals of pistol use; 5.24 (2) successful completion of an actual shooting 5.25 qualification exercise; and 5.26 (3) instruction in the fundamental legal aspects of pistol 5.27 possession, carry, and use, including self-defense and the 5.28 restrictions on the use of deadly force. 5.29 (c) A person qualifies as a certified instructor if the 5.30 person is certified as a firearms instructor within the past 5.31 four years by: 5.32 (1) the bureau of criminal apprehension, training and 5.33 development section; 5.34 (2) the Minnesota Association of Law Enforcement Firearms 5.35 Instructors; 5.36 (3) the National Rifle Association; 6.1 (4) the American Association of Certified Firearms 6.2 Instructors; 6.3 (5) the peace officer standards and training board of this 6.4 state or a similar agency of another state that certifies 6.5 firearms instructors; 6.6 (6) the department of natural resources of this state or a 6.7 similar agency of another state that certifies firearms 6.8 instructors; or 6.9 (7) the department of public safety of this state or a 6.10 similar agency of another state that certifies firearms 6.11 instructors. 6.12 (d) A sheriff must accept the training described in this 6.13 subdivision as meeting the requirement in subdivision 2, 6.14 paragraph (b), for training in the safe use of a pistol. A 6.15 sheriff may also accept other satisfactory evidence of training 6.16 in the safe use of a pistol. 6.17 Sec. 8. Minnesota Statutes 2002, section 624.714, 6.18 subdivision 3, is amended to read: 6.19 Subd. 3. [FORM AND CONTENTS OF APPLICATION.] (a) 6.20 Applications for permits to carry shallmust be an official, 6.21 standardized application form, adopted under section 624.7151, 6.22 and must set forth in writing only the following information: 6.23 (1) the applicant's name, residence, telephone number, if 6.24 any, and driver's license number or nonqualification certificate6.25 number, if any, of the applicantor state identification card 6.26 number; 6.27 (2) the applicant's sex, date of birth, height, weight, and 6.28 color of eyes and hair, and distinguishing physical 6.29 characteristics, if any , of the applicant; 6.30 (3) all states of residence of the applicant in the last 6.31 ten years, though not including specific addresses; 6.32 (4) a statement that the applicant authorizes the release 6.33 to the local police authoritysheriff of commitment information 6.34 about the applicant maintained by the commissioner of human 6.35 services or any similar agency or department of another state 6.36 where the applicant has resided, to the extent that the 7.1 information relates to the applicant's eligibility to possess 7.2 a pistol or semiautomatic military-style assault weapon under7.3 section 624.713, subdivision 1firearm; and 7.4 (4)(5) a statement by the applicant that, to the best of 7.5 the applicant's knowledge and belief, the applicant is not 7.6 prohibited by section 624.713 from possessing a pistol or7.7 semiautomatic military-style assault weapon; andlaw from 7.8 possessing a firearm. 7.9 (5) a recent color photograph of the applicant.7.10 The application shall be signed and dated by the7.11 applicant.(b) The statement under paragraph (a), clause 7.12 (3)(4), must comply with any applicable requirements of Code of 7.13 Federal Regulations, title 42, sections 2.31 to 2.35, with 7.14 respect to consent to disclosure of alcohol or drug abuse 7.15 patient records. 7.16 (c) An applicant must submit to the sheriff an application 7.17 packet consisting only of the following items: 7.18 (1) a completed application form, signed and dated by the 7.19 applicant; 7.20 (2) an accurate photocopy of a certificate, affidavit, or 7.21 other document that is submitted as the applicant's evidence of 7.22 training in the safe use of a pistol; and 7.23 (3) an accurate photocopy of the applicant's current 7.24 driver's license, state identification card, or the photo page 7.25 of the applicant's passport. 7.26 (d) Applications must be submitted in person. 7.27 (e) The sheriff may charge a new application processing fee 7.28 in an amount not to exceed the actual and reasonable direct cost 7.29 of processing the application or $40, whichever is less. Of 7.30 this amount, $10 must be submitted to the commissioner of public 7.31 safety and deposited into the general fund. 7.32 (f) This subdivision prescribes the complete and exclusive 7.33 set of items an applicant is required to submit in order to 7.34 apply for a new or renewal permit to carry. The applicant must 7.35 not be asked or required to submit, voluntarily or 7.36 involuntarily, any information, fees, or documentation beyond 8.1 that specifically required by this subdivision. This paragraph 8.2 does not apply to alternate training evidence accepted by the 8.3 sheriff under subdivision 2a, paragraph (d). 8.4 (g) Forms for new and renewal applications must be 8.5 available at all sheriffs' offices and the commissioner of 8.6 public safety must make the forms available on the Internet. 8.7 (h) Application forms must clearly display a notice that a 8.8 permit, if granted, is void and must be immediately returned to 8.9 the sheriff if the permit holder is or becomes prohibited by law 8.10 from possessing a firearm. The notice must list the applicable 8.11 state criminal offenses and civil categories that prohibit a 8.12 person from possessing a firearm. 8.13 (i) Upon receipt of an application packet and any required 8.14 fee, the sheriff must provide a signed receipt indicating the 8.15 date of submission. 8.16 Sec. 9. Minnesota Statutes 2002, section 624.714, 8.17 subdivision 4, is amended to read: 8.18 Subd. 4. [INVESTIGATION.] (a) The application authority8.19 shallsheriff must check, by means of electronic data transfer, 8.20 criminal records, histories, and warrant information on each 8.21 applicant through the Minnesota Crime Information System . The8.22 chief of police or sheriff shalland, to the extent necessary, 8.23 the National Instant Check System. The sheriff shall also make 8.24 a reasonable effort to check other available and relevant 8.25 federal, state, or local record keeping systems. The sheriff 8.26 must obtain commitment information from the commissioner of 8.27 human services as provided in section 245.041 or, if the 8.28 information is reasonably available, as provided by a similar 8.29 statute from another state. 8.30 (b) When an application for a permit is filed under this 8.31 section, the sheriff must notify the chief of police, if any, of 8.32 the municipality where the applicant resides. The police chief 8.33 may provide the sheriff with any information relevant to the 8.34 issuance of the permit. 8.35 (c) The sheriff must conduct a background check by means of 8.36 electronic data transfer on a permit holder through the 9.1 Minnesota Crime Information System and, to the extent necessary, 9.2 the National Instant Check System at least yearly to ensure 9.3 continuing eligibility. The sheriff may conduct additional 9.4 background checks by means of electronic data transfer on a 9.5 permit holder at any time during the period that a permit is in 9.6 effect. 9.7 Sec. 10. Minnesota Statutes 2002, section 624.714, 9.8 subdivision 6, is amended to read: 9.9 Subd. 6. [ FAILURE TO GRANTGRANTING AND DENIAL OF 9.10 PERMITS.] (a) The sheriff must, within 15 business days after 9.11 the date of receipt of the application packet described in 9.12 subdivision 3: 9.13 (1) issue the permit to carry; 9.14 (2) deny the application for a permit to carry solely on 9.15 the grounds that the applicant failed to qualify under the 9.16 criteria described in subdivision 2, paragraph (b); or 9.17 (3) deny the application on the grounds that there exists a 9.18 substantial likelihood that the applicant is dangerous to the 9.19 public if authorized to carry a pistol under a permit. 9.20 (b) Failure of the chief police officer or the county9.21 sheriff to deny the application or issue a permit to carry a9.22 pistolnotify the applicant of the denial of the application 9.23 within 2115 business days ofafter the date of receipt of the 9.24 application shall be deemed to be a grant thereof.packet 9.25 constitutes issuance of the permit to carry and the sheriff must 9.26 promptly fulfill the requirements under paragraph (c). To deny 9.27 the application, the local police authority shallsheriff must 9.28 provide anthe applicant with written notification of a denial9.29 and the specific reason forfactual basis justifying the denial 9.30 under paragraph (a), clause (2) or (3), including the source of 9.31 the factual basis. The sheriff must inform the applicant of the 9.32 applicant's right to submit, within 20 business days, any 9.33 additional documentation relating to the propriety of the denial. 9.34 A chief of police or a sheriff may charge a fee to cover the9.35 cost of conducting a background check, not to exceed $10. The9.36 permit shall specify the activities for which it shall be valid.10.1 Upon receiving any additional documentation, the sheriff must 10.2 reconsider the denial and inform the applicant within 15 10.3 business days of the result of the reconsideration. Any denial 10.4 after reconsideration must be in the same form and substance as 10.5 the original denial and must specifically address any continued 10.6 deficiencies in light of the additional documentation submitted 10.7 by the applicant. The applicant must be informed of the right 10.8 to seek de novo review of the denial as provided in subdivision 10.9 12. 10.10 (c) Upon issuing a permit to carry, the sheriff must 10.11 provide a laminated permit card to the applicant by first class 10.12 mail unless personal delivery has been made. Within five 10.13 business days, the sheriff must submit the information specified 10.14 in subdivision 7, paragraph (a), to the commissioner of public 10.15 safety for inclusion solely in the database required under 10.16 subdivision 15, paragraph (a). The sheriff must transmit the 10.17 information in a manner and format prescribed by the 10.18 commissioner. 10.19 (d) Within five business days of learning that a permit to 10.20 carry has been suspended or revoked, the sheriff must submit 10.21 information to the commissioner of public safety regarding the 10.22 suspension or revocation for inclusion solely in the databases 10.23 required or permitted under subdivision 15. 10.24 (e) Notwithstanding paragraphs (a) to (c), the sheriff may 10.25 suspend the application process if a charge is pending against 10.26 the applicant that, if resulting in conviction, will prohibit 10.27 the applicant from possessing a firearm. 10.28 Sec. 11. Minnesota Statutes 2002, section 624.714, 10.29 subdivision 7, is amended to read: 10.30 Subd. 7. [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 10.31 Permits to carry a pistol issued pursuant to this section shall10.32 expire after one year and shall thereafter be renewed in the10.33 same manner and subject to the same provisions by which the10.34 original permit was obtained, except that all renewed permits10.35 must comply with the standards adopted by the commissioner of10.36 public safety under section 624.7161.(a) Permits to carry must 11.1 be on an official, standardized permit card adopted by the 11.2 commissioner of public safety, containing only the name, 11.3 residence, and driver's license number or state identification 11.4 card number of the permit holder, if any. 11.5 (b) The permit card must also identify the issuing sheriff 11.6 and state the expiration date of the permit. The permit card 11.7 must clearly display a notice that a permit, if granted, is void 11.8 and must be immediately returned to the sheriff if the permit 11.9 holder becomes prohibited by law from possessing a firearm. 11.10 (c) A permit to carry a pistol issued under this section 11.11 expires four years after the date of issue. It may be renewed 11.12 in the same manner and under the same criteria which the 11.13 original permit was obtained, subject to the following 11.14 procedures: 11.15 (1) no earlier than 90 days prior to the expiration date on 11.16 the permit, the permit holder may renew the permit by submitting 11.17 to the appropriate sheriff the application packet described in 11.18 subdivision 3 and a renewal processing fee not to exceed the 11.19 actual and reasonable direct cost of processing the application 11.20 or $30, whichever is less. Of this amount, $5 must be submitted 11.21 to the commissioner of public safety and deposited into the 11.22 general fund. The sheriff must process the renewal application 11.23 in accordance with subdivisions 4 and 6; and 11.24 (2) a permit holder who submits a renewal application 11.25 packet after the expiration date of the permit, but within 30 11.26 days after expiration, may renew the permit as provided in 11.27 clause (1) by paying an additional late fee of $10. 11.28 (d) The renewal permit is effective beginning on the 11.29 expiration date of the prior permit to carry. 11.30 Sec. 12. Minnesota Statutes 2002, section 624.714, is 11.31 amended by adding a subdivision to read: 11.32 Subd. 7a. [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 11.33 PERMIT.] (a) Within 30 days after changing permanent address, or 11.34 within 30 days of having lost or destroyed the permit card, the 11.35 permit holder must notify the issuing sheriff of the change, 11.36 loss, or destruction. Failure to provide notification as 12.1 required by this subdivision is a petty misdemeanor. The fine 12.2 for a first offense must not exceed $25. Notwithstanding 12.3 section 609.531, a firearm carried in violation of this 12.4 paragraph is not subject to forfeiture. 12.5 (b) After notice is given under paragraph (a), a permit 12.6 holder may obtain a replacement permit card by paying $10 to the 12.7 sheriff. The request for a replacement permit card must be made 12.8 on an official, standardized application adopted for this 12.9 purpose under section 624.7151, and, except in the case of an 12.10 address change, must include a notarized statement that the 12.11 permit card has been lost or destroyed. 12.12 Sec. 13. Minnesota Statutes 2002, section 624.714, 12.13 subdivision 8, is amended to read: 12.14 Subd. 8. [PERMIT TO CARRY VOIDED.] (a) The permit to carry 12.15 shall beis void and must be revoked at the time that the holder 12.16 becomes prohibited by law from possessing a pistol under section12.17 624.713firearm, in which event the holder shallmust return the 12.18 permit card to the issuing sheriff within five business days to12.19 the application authorityafter the holder knows or should know 12.20 that the holder is a prohibited person. If a permit is revoked 12.21 under this subdivision, the sheriff must give notice to the 12.22 permit holder in writing in the same manner as a denial. 12.23 Failure of the holder to return the permit within the five days 12.24 is a gross misdemeanor unless the court finds that the 12.25 circumstances or the physical or mental condition of the permit 12.26 holder prevented the holder from complying with the return 12.27 requirement. 12.28 (b) When a permit holder is convicted of an offense that 12.29 prohibits the permit holder from possessing a firearm, the court 12.30 must revoke the permit and, if it is available, take possession 12.31 of it and send it to the issuing sheriff. 12.32 (c) The sheriff of the county where the application was 12.33 submitted, or of the county of the permit holder's current 12.34 residence, may file a petition with the district court therein, 12.35 for an order revoking a permit to carry on the grounds set forth 12.36 in subdivision 6, paragraph (a), clause (3). An order shall be 13.1 issued only if the sheriff meets the burden of proof and 13.2 criteria set forth in subdivision 12. If the court denies the 13.3 petition, the court must award the permit holder reasonable 13.4 costs and expenses, including attorney fees. 13.5 (d) A permit revocation must be promptly reported to the 13.6 issuing sheriff. 13.7 Sec. 14. Minnesota Statutes 2002, section 624.714, is 13.8 amended by adding a subdivision to read: 13.9 Subd. 8a. [PROSECUTOR'S DUTY.] Whenever a person is 13.10 charged with an offense that would, upon conviction, prohibit 13.11 the person from possessing a firearm, the prosecuting attorney 13.12 must ascertain whether the person is a permit holder under this 13.13 section. If the person is a permit holder, the prosecutor must 13.14 notify the issuing sheriff that the person has been charged with 13.15 a prohibiting offense. The prosecutor must also notify the 13.16 sheriff of the final disposition of the case. 13.17 Sec. 15. Minnesota Statutes 2002, section 624.714, 13.18 subdivision 10, is amended to read: 13.19 Subd. 10. [FALSE REPRESENTATIONS.] A person who gives or 13.20 causes to be given any false material information in applying 13.21 for a permit to carry, knowing or having reason to know the 13.22 information is false, is guilty of a gross misdemeanor. 13.23 Sec. 16. Minnesota Statutes 2002, section 624.714, is 13.24 amended by adding a subdivision to read: 13.25 Subd. 11a. [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 13.26 immediately issue an emergency permit to a person if the sheriff 13.27 determines that the person is in an emergency situation that may 13.28 constitute an immediate risk to the safety of the person or 13.29 someone residing in the person's household. A person seeking an 13.30 emergency permit must complete an application form and must sign 13.31 an affidavit describing the emergency situation. An emergency 13.32 permit applicant does not need to provide evidence of training. 13.33 An emergency permit is valid for 30 days, may not be renewed, 13.34 and may be revoked without a hearing. No fee may be charged for 13.35 an emergency permit. An emergency permit holder may seek a 13.36 regular permit under subdivision 3 and is subject to the other 14.1 applicable provisions of this section. 14.2 Sec. 17. Minnesota Statutes 2002, section 624.714, 14.3 subdivision 12, is amended to read: 14.4 Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any 14.5 person aggrieved by denial or revocation of a permit to carry 14.6 may appeal the denialby petition to the district court having 14.7 jurisdiction over the county or municipality wherein the14.8 notification or denial occurredwhere the application was 14.9 submitted. The petition must list the sheriff as the 14.10 respondent. The district court must hold a hearing at the 14.11 earliest practicable date and in any event no later than 60 days 14.12 following the filing of the petition for review. The court may 14.13 not grant or deny any relief before the completion of the 14.14 hearing. The record of the hearing must be sealed. The matter 14.15 shallmust be heard de novo without a jury. 14.16 (b) The court must issue its writ of mandamus directing 14.17 that the permit be issued and order other appropriate relief 14.18 unless the sheriff clearly and convincingly establishes (1) that 14.19 the applicant is disqualified under the criteria described in 14.20 subdivision 2, paragraph (b), or (2) that there exists a 14.21 substantial likelihood that the applicant is dangerous to the 14.22 public if authorized to carry a pistol under a permit. 14.23 (c) The applicant's dangerousness to the public under 14.24 paragraph (b), clause (2), may only be established by the 14.25 applicant's criminal or noncriminal history, within the past 14.26 three years, including at least: 14.27 (1) behavioral incidents of unlawful violence or other 14.28 behaviors that exhibit a clear propensity for unlawful violence 14.29 that were investigated and documented, not including incidents 14.30 for which the applicant was charged and acquitted; 14.31 (2) a condition of mental impairment not addressed under 14.32 section 624.713, subdivision 1, clause (c). For purposes of 14.33 this paragraph, "mental impairment" means a "mentally ill 14.34 person," "mentally retarded person," or "a person mentally ill 14.35 and dangerous to the public" as those terms are defined in 14.36 section 253B.02; or 15.1 (3) being listed on the criminal gang investigative data 15.2 system under section 299C.091. 15.3 The elements in clauses (1) to (3) must be proven by a 15.4 preponderance of the evidence. 15.5 (d) If an applicant is denied a permit on the grounds of 15.6 being dangerous to the public under paragraph (c), clause (3), 15.7 the person may challenge the denial, after disclosure under 15.8 court supervision of the reason for that listing, based on 15.9 grounds that the person: 15.10 (1) was erroneously identified as a person in the data 15.11 system; 15.12 (2) was improperly included in the data system according to 15.13 the criteria outlined in section 299C.091, subdivision 2, 15.14 paragraph (b); or 15.15 (3) has demonstrably withdrawn from the activities and 15.16 associations that led to inclusion in the data system. 15.17 (e) If the court grants a petition brought under paragraph 15.18 (a), the court must award the applicant or permit holder 15.19 reasonable costs and expenses including attorney fees. 15.20 Sec. 18. Minnesota Statutes 2002, section 624.714, is 15.21 amended by adding a subdivision to read: 15.22 Subd. 12a. [SUSPENSION AS CONDITION OF RELEASE.] The 15.23 district court may order suspension of the application process 15.24 for a permit or suspend the permit of a permit holder as a 15.25 condition of release pursuant to the same criteria as the 15.26 surrender of firearms under section 629.715. A permit 15.27 suspension must be promptly reported to the issuing sheriff. If 15.28 the permit holder has an out-of-state permit recognized under 15.29 subdivision 16, the court must promptly report the suspension to 15.30 the commissioner of public safety for inclusion solely in the 15.31 database under subdivision 15, paragraph (a). 15.32 Sec. 19. Minnesota Statutes 2002, section 624.714, is 15.33 amended by adding a subdivision to read: 15.34 Subd. 14. [RECORDS.] (a) A sheriff must not maintain 15.35 records or data collected, made, or held under this section 15.36 concerning any applicant or permit holder that are not necessary 16.1 under this section to support a permit that is outstanding or 16.2 eligible for renewal under subdivision 7, paragraph (b). 16.3 Notwithstanding section 138.163, sheriffs must completely purge 16.4 all files and databases by March 1 of each year to delete all 16.5 information collected under this section concerning all persons 16.6 who are no longer current permit holders or currently eligible 16.7 to renew their permit. 16.8 (b) Paragraph (a) does not apply to records or data 16.9 concerning an applicant or permit holder who has had a permit 16.10 denied or revoked under the criteria established in subdivision 16.11 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 16.12 clause (3), for a period of six years from the date of the 16.13 denial or revocation. 16.14 Sec. 20. Minnesota Statutes 2002, section 624.714, is 16.15 amended by adding a subdivision to read: 16.16 Subd. 15. [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 16.17 DATABASE.] (a) The commissioner of public safety must maintain 16.18 an automated database of persons authorized to carry pistols 16.19 under this section that is available 24 hours a day, seven days 16.20 a week, to law enforcement agencies, including prosecutors 16.21 carrying out their duties under subdivision 8a, solely to verify 16.22 the validity of a permit. 16.23 (b) The commissioner of public safety may maintain a 16.24 separate automated database of denied applications for permits 16.25 to carry and of revoked permits that is available only to 16.26 sheriffs performing their duties under this section containing 16.27 the date of, the statutory basis for, and the initiating agency 16.28 for any permit application denied or permit revoked for a period 16.29 of six years from the date of the denial or revocation. 16.30 (c) The commissioner of public safety may contract with one 16.31 or more vendors to implement the commissioner's duties under 16.32 this section. 16.33 Sec. 21. Minnesota Statutes 2002, section 624.714, is 16.34 amended by adding a subdivision to read: 16.35 Subd. 16. [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 16.36 The commissioner of public safety must annually establish and 17.1 publish a list of other states that have laws governing the 17.2 issuance of permits to carry weapons that are not substantially 17.3 similar to this section. The list must be available on the 17.4 Internet. A person holding a carry permit from a state not on 17.5 the list may use the license or permit in this state subject to 17.6 the rights, privileges, and requirements of this section. 17.7 (b) Notwithstanding paragraph (a), no license or permit 17.8 from another state is valid in this state if the holder is or 17.9 becomes prohibited by law from possessing a firearm. 17.10 (c) Any sheriff or police chief may file a petition under 17.11 subdivision 12 seeking an order suspending or revoking an 17.12 out-of-state permit holder's authority to carry a pistol in this 17.13 state on the grounds set forth in subdivision 6, paragraph (a), 17.14 clause (3). An order shall only be issued if the petitioner 17.15 meets the burden of proof and criteria set forth in subdivision 17.16 12. If the court denies the petition, the court must award the 17.17 permit holder reasonable costs and expenses including attorney 17.18 fees. The petition may be filed in any county in the state 17.19 where a person holding a license or permit from another state 17.20 can be found. 17.21 (d) The commissioner of public safety must, when necessary, 17.22 execute reciprocity agreements regarding carry permits with 17.23 jurisdictions whose carry permits are recognized under paragraph 17.24 (c). 17.25 Sec. 22. Minnesota Statutes 2002, section 624.714, is 17.26 amended by adding a subdivision to read: 17.27 Subd. 17. [POSTING; TRESPASS.] (a) A person carrying a 17.28 firearm on or about his or her person or clothes under a permit 17.29 or otherwise who enters or remains at a public establishment or 17.30 event knowing that the operator of the establishment or its 17.31 agent has made a reasonable request to place the weapon or 17.32 firearm into secure storage may be ordered to leave the 17.33 premises. A person who fails to leave when so requested is 17.34 guilty of a petty misdemeanor. The fine for a first offense 17.35 must not exceed $25. Notwithstanding section 609.531, a firearm 17.36 carried in violation of this subdivision is not subject to 18.1 forfeiture. 18.2 (b) As used in this subdivision, the terms in this 18.3 paragraph have the meanings given. 18.4 (1) "Reasonable request" means a request made under the 18.5 following circumstances: 18.6 (i) the requester has prominently posted a conspicuous sign 18.7 at each and every entrance to the establishment or event 18.8 containing the following language: 18.9 "PERMISSION TO ENTER IS DENIED TO PERSONS CARRYING WEAPONS 18.10 OR FIREARMS IN THIS PREMISES. THE SECURE STORAGE FACILITY IS 18.11 LOCATED [GIVE LOCATION]." 18.12 (ii) the requester provides personalized, secure storage on 18.13 the premises for the person's firearms; 18.14 (iii) the requester assumes strict liability for the item 18.15 secured in the storage provided and for the personal safety and 18.16 protection of the person and party while that person is within 18.17 the establishment or attending the event; and 18.18 (iv) the requester or its agent personally informs the 18.19 person of the posted request, the location of the secure 18.20 storage, and demands compliance. 18.21 (2) "Prominently" means readily visible and within four 18.22 feet laterally of the entrance with the bottom of the sign at a 18.23 height of four to six feet above the floor. 18.24 (3) "Conspicuous" means lettering in black block letters at 18.25 least 1-1/2 inches in height against a contrasting lime green 18.26 background that is at least 648 square inches in area. 18.27 (4) "Secure storage" means storage that: 18.28 (i) is located in close proximity to the primary entrance; 18.29 (ii) the requester allows the person to enter for the 18.30 purpose of securing a firearm or retrieving it; 18.31 (iii) consists of locked, personalized storage space 18.32 provided at no charge in which the person can secure and 18.33 retrieve the items without the assistance of another person; and 18.34 (iv) is immediately accessible for retrieval, upon leaving 18.35 the premises, by the person who secured it. 18.36 (5) "Public establishment or event" means any building or 19.1 structure that is a public place as defined in section 624.7181, 19.2 subdivision 1, paragraph (c), located on privately owned or 19.3 operated property except a parking facility. 19.4 (c) The requester or its agent may monitor the secure 19.5 storage area and record the activities. The requester may 19.6 retain the ability to enter an individual locked storage space 19.7 for the sole purpose of delivering items placed in it to law 19.8 enforcement if the items have been left for a period of more 19.9 than 24 hours during which the establishment has been open and 19.10 the person has left the premises or the event has concluded. 19.11 The requester's responsibility for the item secured terminates 19.12 only upon return to the owner or upon obtaining a receipt when 19.13 delivering an item to law enforcement. Law enforcement may 19.14 charge a reasonable fee, not to exceed $10, for accepting a 19.15 stored item and providing a receipt under the provisions of this 19.16 subdivision. A person may reclaim an item delivered to law 19.17 enforcement under this paragraph by providing proof of ownership 19.18 and paying the fee. 19.19 (d) This subdivision does not apply to an on-duty peace 19.20 officer or security guard acting in the course and scope of 19.21 employment. 19.22 Sec. 23. Minnesota Statutes 2002, section 624.714, is 19.23 amended by adding a subdivision to read: 19.24 Subd. 18. [IMMUNITY.] Neither a sheriff, police chief, any 19.25 employee of a sheriff or police chief involved in the permit 19.26 issuing process, nor any certified instructor is liable for 19.27 damages resulting or arising from acts with a firearm committed 19.28 by a permit holder, unless the person had actual knowledge at 19.29 the time the permit was issued or the instruction was given that 19.30 the applicant was prohibited by law from possessing a firearm. 19.31 Sec. 24. Minnesota Statutes 2002, section 624.714, is 19.32 amended by adding a subdivision to read: 19.33 Subd. 19. [MONITORING.] (a) By March 1, 2004, and each 19.34 year thereafter, the commissioner of public safety must report 19.35 to the legislature on: 19.36 (1) the number of permits applied for, issued, suspended, 20.1 revoked, and denied, further categorized by the age, sex, and 20.2 zip code of the applicant or permit holder, since the previous 20.3 submission, and in total; 20.4 (2) the number of permits currently valid; 20.5 (3) the specific reasons for each suspension, revocation, 20.6 and denial and the number of reversed, canceled, or corrected 20.7 actions; 20.8 (4) the number of convictions and types of crimes committed 20.9 since the previous submission, and in total, by individuals with 20.10 permits including data as to whether a firearm lawfully carried 20.11 solely by virtue of a permit was actually used in furtherance of 20.12 the crime; 20.13 (5) to the extent known or determinable, data on the lawful 20.14 and justifiable use of firearms by permit holders; and 20.15 (6) the status of the segregated funds reported to the 20.16 commissioner under subdivision 19. 20.17 (b) Sheriffs and police chiefs must supply the department 20.18 of public safety with the basic data the department requires to 20.19 complete the report under paragraph (a). Sheriffs and police 20.20 chiefs may submit data classified as private to the department 20.21 of public safety under this paragraph. 20.22 (c) Copies of the report under paragraph (a) must be made 20.23 available to the public at the actual cost of duplication. 20.24 (d) Nothing contained in any provision of this section or 20.25 any other law requires or authorizes the registration, 20.26 documentation, collection, or providing of serial numbers or 20.27 other data on firearms or on firearms' owners. 20.28 Sec. 25. Minnesota Statutes 2002, section 624.714, is 20.29 amended by adding a subdivision to read: 20.30 Subd. 20. [USE OF FEES.] Fees collected by sheriffs under 20.31 this section and not forwarded to the commissioner of public 20.32 safety must be used only to pay the direct costs of 20.33 administering this section. Fee money may be used to pay the 20.34 costs of appeals of prevailing applicants or permit holders 20.35 under subdivision 8, paragraph (c); subdivision 12, paragraph 20.36 (e); and subdivision 16, paragraph (c). The revenues must be 21.1 maintained in a segregated fund. By January 31 of each year, a 21.2 sheriff must report to the commissioner on the sheriff's 21.3 segregated fund for the preceding calendar year, including 21.4 information regarding: 21.5 (1) nature and amount of revenues; 21.6 (2) nature and amount of expenditures; and 21.7 (3) nature and amount of balances. 21.8 Sec. 26. Minnesota Statutes 2002, section 624.714, is 21.9 amended by adding a subdivision to read: 21.10 Subd. 21. [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 21.11 section may be cited as the Minnesota Citizens' Personal 21.12 Protection Act of 2003. The legislature of the state of 21.13 Minnesota recognizes and declares that the second amendment of 21.14 the United States Constitution guarantees the fundamental, 21.15 individual right to keep and bear arms. The provisions of this 21.16 section are declared to be necessary to accomplish compelling 21.17 state interests in regulation of those rights. The terms of 21.18 this section must be construed according to the compelling state 21.19 interest test. The invalidation of any provision of this 21.20 section shall not invalidate any other provision. 21.21 Sec. 27. Minnesota Statutes 2002, section 624.714, is 21.22 amended by adding a subdivision to read: 21.23 Subd. 22. [EXCLUSIVITY.] This section sets forth the 21.24 complete and exclusive criteria and procedures for the issuance 21.25 of permits to carry and establishes their nature and scope. No 21.26 sheriff, police chief, governmental unit, or other person may 21.27 change, modify, or supplement these criteria or procedures, or 21.28 limit the exercise of a permit to carry. 21.29 Sec. 28. [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 21.30 ALCOHOL OR A CONTROLLED SUBSTANCE.] 21.31 Subdivision 1. [ACTS PROHIBITED.] A person may not carry a 21.32 pistol on or about the person's clothes or person in a public 21.33 place: 21.34 (1) when the person is under the influence of a controlled 21.35 substance, as defined in section 152.01, subdivision 4; 21.36 (2) when the person is under the influence of a combination 22.1 of any two or more of the elements named in clauses (1) and (4); 22.2 (3) when the person is knowingly under the influence of any 22.3 chemical compound or combination of chemical compounds that is 22.4 listed as a hazardous substance in rules adopted under section 22.5 182.655 and that affects the nervous system, brain, or muscles 22.6 of the person so as to impair the person's clearness of 22.7 intellect or physical control; 22.8 (4) when the person is under the influence of alcohol; 22.9 (5) when the person's alcohol concentration is 0.10 or 22.10 more; or 22.11 (6) when the person's alcohol concentration is less than 22.12 0.10, but more than 0.04. 22.13 Subd. 2. [ARREST.] A peace officer may arrest a person for 22.14 a violation under subdivision 1 without a warrant upon probable 22.15 cause, without regard to whether the violation was committed in 22.16 the officer's presence. 22.17 Subd. 3. [PRELIMINARY SCREENING TEST.] When an officer 22.18 authorized under subdivision 2 to make arrests has reason to 22.19 believe that the person may be violating or has violated 22.20 subdivision 1, the officer may require the person to provide a 22.21 breath sample for a preliminary screening test using a device 22.22 approved by the commissioner of public safety for this purpose. 22.23 The results of the preliminary screening test must be used for 22.24 the purpose of deciding whether an arrest should be made under 22.25 this section and whether to require the chemical tests 22.26 authorized in section 624.7143, but may not be used in any court 22.27 action except: (1) to prove that the test was properly required 22.28 of a person under section 624.7143, or (2) in a civil action 22.29 arising out of the use of the pistol. Following the preliminary 22.30 screening test, additional tests may be required of the person 22.31 as provided under section 624.7143. A person who refuses a 22.32 breath sample is subject to the provisions of section 624.7143 22.33 unless, in compliance with that section, the person submits to a 22.34 blood, breath, or urine test to determine the presence of 22.35 alcohol or a controlled substance. 22.36 Subd. 4. [EVIDENCE.] In a prosecution for a violation of 23.1 subdivision 1, the admission of evidence of the amount of 23.2 alcohol or a controlled substance in the person's blood, breath, 23.3 or urine is governed by section 169A.45. 23.4 Subd. 5. [SUSPENSION.] A person who is charged with a 23.5 violation under this section may have their authority to carry a 23.6 pistol in a public place on or about the person's clothes or 23.7 person under the provisions of a permit or otherwise suspended 23.8 by the court as a condition of release. 23.9 Subd. 6. [PENALTIES.] (a) A person who violates a 23.10 prohibition under subdivision 1, clauses (1) to (5), is guilty 23.11 of a misdemeanor. A second or subsequent violation is a gross 23.12 misdemeanor. 23.13 (b) A person who violates subdivision 1, clause (6), is 23.14 guilty of a petty misdemeanor. A second or subsequent violation 23.15 within a year of the first violation is a misdemeanor. 23.16 (c) In addition to the penalty imposed under paragraph (a), 23.17 if a person violates subdivision 1, clauses (1) to (5), the 23.18 person's authority to carry a pistol in a public place on or 23.19 about the person's clothes or person under the provisions of a 23.20 permit or otherwise is revoked and the person may not reapply 23.21 for a period of one year from the date of conviction. 23.22 (d) In addition to the penalty imposed under paragraph (b), 23.23 if a person violates subdivision 1, clause (6), as a petty 23.24 misdemeanor the person's authority to carry a pistol in a public 23.25 place on or about the person's clothes or person under the 23.26 provisions of a permit or otherwise, is suspended for 60 days 23.27 from the date of judgment. If the person violates subdivision 23.28 1, clause (6), as a misdemeanor, the period of suspension is for 23.29 180 days from the date of conviction. 23.30 (e) Notwithstanding section 609.531, a firearm carried in 23.31 violation of subdivision 1, clause (6), is not subject to 23.32 forfeiture. 23.33 Subd. 7. [REPORTING.] Suspensions and revocations under 23.34 this section must be reported in the same manner as in section 23.35 624.714, subdivision 12a. 23.36 Sec. 29. [624.7143] [CHEMICAL TESTING.] 24.1 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 24.2 carries a pistol in a public place on or about the person's 24.3 clothes or person is required, subject to the provisions of this 24.4 section, to take or submit to a test of the person's blood, 24.5 breath, or urine for the purpose of determining the presence and 24.6 amount of alcohol or a controlled substance. The test shall be 24.7 administered at the direction of an officer authorized to make 24.8 arrests under section 624.7142. Taking or submitting to the 24.9 test is mandatory when requested by an officer who has probable 24.10 cause to believe the person was carrying a pistol in violation 24.11 of section 624.7142, and one of the following conditions exists: 24.12 (1) the person has been lawfully placed under arrest for 24.13 violating section 624.7142; 24.14 (2) the person has been involved while carrying a firearm 24.15 in a firearms-related accident resulting in property damage, 24.16 personal injury, or death; 24.17 (3) the person has refused to take the preliminary 24.18 screening test provided for in section 624.7142; or 24.19 (4) the screening test was administered and indicated an 24.20 alcohol concentration of 0.04 or more. 24.21 Subd. 2. [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 24.22 refuses to take a test required under subdivision 1, none must 24.23 be given but the officer shall report the refusal to the sheriff 24.24 and to the authority having responsibility for prosecution of 24.25 misdemeanor offenses for the jurisdiction in which the incident 24.26 occurred that gave rise to the test demand and refusal. On 24.27 certification by the officer that probable cause existed to 24.28 believe the person had been carrying a pistol on or about the 24.29 person's clothes or person in a public place while under the 24.30 influence of alcohol or a controlled substance, and that the 24.31 person refused to submit to testing, a court may impose a civil 24.32 penalty of $500 and may revoke the person's authority to carry a 24.33 pistol in a public place on or about the person's clothes or 24.34 person under the provisions of a permit or otherwise for a 24.35 period of one year from the date of the refusal. The person 24.36 shall be accorded notice and an opportunity to be heard prior to 25.1 imposition of the civil penalty or the revocation. 25.2 (b) Revocations under this subdivision must be reported in 25.3 the same manner as in section 624.714, subdivision 12a. 25.4 Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is 25.5 requested, the person must be informed that: 25.6 (1) Minnesota law requires a person to take a test to 25.7 determine if the person is under the influence of alcohol or a 25.8 controlled substance; 25.9 (2) if the person refuses to take the test, the person is 25.10 subject to a civil penalty of $500 and is prohibited for a 25.11 period of one year from carrying a pistol in a public place on 25.12 or about the person's clothes or person, as provided under 25.13 subdivision 2; and 25.14 (3) that the person has the right to consult with an 25.15 attorney, but that this right is limited to the extent it cannot 25.16 unreasonably delay administration of the test or the person will 25.17 be deemed to have refused the test. 25.18 Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] 25.19 Notwithstanding subdivision 1, if there is probable cause to 25.20 believe there is impairment by a controlled substance that is 25.21 not subject to testing by a breath test, a blood or urine test 25.22 may be required even after a breath test has been administered. 25.23 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered 25.24 under this section are governed by section 169A.51 in all 25.25 aspects that are not inconsistent with this section. 25.26 Sec. 30. [APPROPRIATION.] 25.27 $1,071,000 is appropriated in fiscal year 2004 and $119,000 25.28 is appropriated in fiscal year 2005 from the general fund to the 25.29 commissioner of public safety to implement the provisions of 25.30 sections 1 to 29. The unencumbered balance in the first year 25.31 does not cancel but is available for the second year. 25.32 Sec. 31. [TEMPORARY PERMIT FEE.] 25.33 Notwithstanding Minnesota Statutes, section 624.714, 25.34 subdivision 3, paragraph (e), until July 1, 2004, the 25.35 application fee for a permit to carry a pistol under Minnesota 25.36 Statutes, section 624.714, is $50, and, of that amount, a 26.1 sheriff must submit $21.50 to the commissioner of public safety 26.2 for deposit into the general fund for each permit application 26.3 submitted. 26.4 Sec. 32. [GRANDFATHER CLAUSE.] 26.5 Permits to carry pistols issued prior to the effective date 26.6 of sections 1 to 29 remain in effect and are valid under the 26.7 terms of issuance until the date of expiration applicable at the 26.8 time of issuance. However, a person holding a permit that was 26.9 issued prior to the effective date of sections 1 to 29 may 26.10 nevertheless apply for a permit under the terms and conditions 26.11 of sections 1 to 29. 26.12 Sec. 33. [REVISOR'S INSTRUCTION.] 26.13 In Minnesota Statutes, sections 624.713 to 624.717, the 26.14 revisor of statutes shall change the term "commissioner of 26.15 public safety" to "commissioner" wherever the term appears. 26.16 Sec. 34. [REPEALER.] 26.17 Minnesota Statutes 2002, section 624.714, subdivisions 1 26.18 and 5, are repealed. 26.19 Sec. 35. [EFFECTIVE DATE.] 26.20 Sections 1 to 34 are effective 30 days after final 26.21 enactment and apply to crimes committed on or after that date, 26.22 except that the commissioner of public safety must promulgate 26.23 the list required under section 21 within 60 days of final 26.24 enactment. The database required by section 20 must be 26.25 operational within 180 days of the effective date.