HF 829

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; appropriating money for public safety and
corrections initiatives, courts, public defenders, tax court, Uniform Laws
Commission and Board on Judicial Standards; providing certain general criminal
and sentencing provisions; regulating DWI and driving provisions; modifying or
establishing various provisions relating to public safety; regulating corrections,
the courts, and emergency communications; regulating scrap metal dealers;
modifying certain law enforcement, insurance, and public defense provisions;
establishing reduced ignition propensity standards for cigarettes; providing
conditional repeals of certain laws; providing penalties; amending Minnesota
Statutes 2006, sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736,
subdivision 1; 13.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181,
subdivision 2; 16C.23, subdivision 2; 169A.275, by adding a subdivision;
169A.51, subdivision 7; 171.12, by adding a subdivision; 171.55; 241.016,
subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69,
subdivisions 3, 4; 243.167, subdivision 1; 244.05, by adding a subdivision;
260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641, subdivision 2;
299C.65, subdivisions 2, 5; 302A.781, by adding a subdivision; 325E.21;
352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7;
401.15, subdivision 1; 403.07, subdivision 4; 403.11, subdivision 1, by adding
subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83; 504B.361,
subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 518B.01,
subdivisions 6a, 22; 549.09, subdivision 1; 563.01, by adding a subdivision;
590.05; 595.02, subdivision 1; 609.02, subdivision 16; 609.135, subdivision 8,
by adding a subdivision; 609.21, subdivisions 1, 4a, 5, by adding subdivisions;
609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1;
609.3451, subdivision 3; 609.3455, subdivision 4, by adding a subdivision;
609.352; 609.505, subdivision 2; 609.535, subdivision 2a; 609.581, by adding
subdivisions; 609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748,
subdivisions 1, 5; 611.14; 611.20, subdivision 6; 611.215, subdivisions 1,
1a; 611.23; 611.24; 611.25, subdivision 1; 611.26, subdivisions 2, 7; 611.27,
subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions 2, 7; 611A.675,
subdivisions 1, 2, 3, 4, by adding a subdivision; 634.15, subdivisions 1, 2;
641.05; 641.15, by adding a subdivision; 641.265, subdivision 2; Laws 2001,
First Special Session chapter 8, article 4, section 4; Laws 2003, First Special
Session chapter 2, article 1, section 2; proposing coding for new law in Minnesota
Statutes, chapters 72A; 171; 241; 299A; 299F; 357; 484; 504B; 540; 604; 609;
611A; repealing Minnesota Statutes 2006, sections 169.796, subdivision 3;
241.021, subdivision 5; 241.85, subdivision 2; 260B.173; 403.31, subdivision 6;
480.175, subdivision 3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20,
subdivision 5; Laws 2005, First Special Session chapter 6, article 3, section 91.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this act.
new text end

		new text begin 2008 new text end		new text begin 2009 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 926,123,000 new text end	new text begin $ new text end	new text begin 963,963,000 new text end	new text begin $ new text end	new text begin 1,890,086,000 new text end
new text begin State Government Special Revenue new text end		new text begin 55,688,000 new text end		new text begin 50,392,000 new text end		new text begin 106,080,000 new text end
new text begin Environmental Fund new text end		new text begin 69,000 new text end		new text begin 71,000 new text end		new text begin 140,000 new text end
new text begin Special Revenue Fund new text end		new text begin 11,968,000 new text end		new text begin 15,007,000 new text end		new text begin 26,975,000 new text end
new text begin Trunk Highway new text end		new text begin 367,000 new text end		new text begin 374,000 new text end		new text begin 741,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 994,215,000 new text end	new text begin $ new text end	new text begin 1,029,807,000 new text end	new text begin $ new text end	new text begin 2,024,022,000 new text end

Sec. 2. new text begin PUBLIC SAFETY APPROPRIATIONS. new text end

new text begin (a) General new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2008" and "2009" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
June 30, 2007, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2008 new text end		new text begin 2009 new text end

Sec. 3. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 44,112,000 new text end

new text begin $ new text end

new text begin 45,443,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Judicial Salaries new text end

new text begin Effective July 1, 2007, and July 1, 2008,
the salaries of judges of the Supreme Court,
Court of Appeals, and district court are
increased by two percent.
new text end

new text begin Subd. 3. new text end new text begin Supreme Court Operations new text end

new text begin 31,292,000 new text end

new text begin 32,623,000 new text end

new text begin new text begin Contingent account. new text end $5,000 each year is for
a contingent account for expenses necessary
for the normal operation of the court for
which no other reimbursement is provided.
new text end

new text begin Subd. 4. new text end new text begin Civil Legal Services new text end

new text begin 12,820,000 new text end

new text begin 12,820,000 new text end

new text begin new text begin Legal services to low-income clients in
family law matters. new text end Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end

Sec. 4. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 9,766,000 new text end

new text begin $ new text end

new text begin 10,620,000 new text end

new text begin new text begin Caseload increase. new text end $1,285,000 the first
year and $1,876,000 the second year are
for caseload increases. This money must
be used for three additional judge units, an
additional staff attorney, 2.67 additional
full-time equivalent law clerk positions, and
for retired judges.
new text end

Sec. 5. new text begin TRIAL COURTS new text end			new text begin $ new text end	new text begin 247,167,000 new text end	new text begin $ new text end	new text begin 257,290,000 new text end

new text begin new text begin New judge units. new text end $1,536,000 the first year
and $2,778,000 the second year are for an
increase in judge units, including three trial
court judge units in the First Judicial District,
one trial court judge unit in the Third Judicial
District, one trial court judge unit in the
Ninth Judicial District and one trial court
judge unit in the Tenth Judicial District.
These new judge units begin on January 1,
2008. Each judge unit consists of a judge,
law clerk, and court reporter.
new text end

new text begin new text begin Maintain and expand drug courts. new text end
$2,242,000 the first year and $3,759,000 the
second year are to maintain and to establish
new drug courts.
new text end

new text begin new text begin Guardian ad litem services. new text end $1,260,000 the
first year and $1,629,000 the second year are
for guardian ad litem services.
new text end

new text begin new text begin Interpreter services. new text end $606,000 the first
year and $777,000 the second year are for
interpreter services.
new text end

new text begin new text begin Psychological services. new text end $1,531,000 the first
year and $2,151,000 the second year are for
psychological services.
new text end

new text begin new text begin In forma pauperis services. new text end $178,000 each
year is for in forma pauperis services.
new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 788,000 new text end

new text begin $ new text end

new text begin 812,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 58,000 new text end

new text begin $ new text end

new text begin 52,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 448,000 new text end

new text begin $ new text end

new text begin 455,000 new text end

new text begin Investigative and hearing costs. $125,000
each year is for special investigative and
hearing costs for major disciplinary actions
undertaken by the board. This appropriation
does not cancel. Any encumbered and
unspent balances remain available for these
expenditures in subsequent fiscal years.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 65,348,000 new text end

new text begin $ new text end

new text begin 68,519,000 new text end

Sec. 10. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 154,041,000 new text end

new text begin $ new text end

new text begin 154,726,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 91,126,000 new text end	new text begin 94,032,000 new text end
new text begin Special Revenue new text end	new text begin 6,791,000 new text end	new text begin 9,857,000 new text end
new text begin State Government Special Revenue new text end	new text begin 55,688,000 new text end	new text begin 50,392,000 new text end
new text begin Environmental new text end	new text begin 69,000 new text end	new text begin 71,000 new text end
new text begin Trunk Highway new text end	new text begin 367,000 new text end	new text begin 374,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 2,939,000 new text end

new text begin 2,872,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,870,000 new text end	new text begin 2,801,000 new text end
new text begin Environmental new text end	new text begin 69,000 new text end	new text begin 71,000 new text end

new text begin $250,000 each year is additional funding
to provide state match for federal disaster
assistance.
new text end

new text begin $75,000 the first year is for one position to
coordinate state readiness for a pandemic
event. This is a onetime appropriation.
new text end

new text begin new text begin Crime labs and crime strike task forces;
working group. new text end The commissioner of public
safety shall convene a working group to study
the appropriateness of additional regional
forensic crime laboratories and regional
crime strike task forces. The legislature may
not authorize or fund new regional forensic
crime laboratories or regional crime strike
task forces until the working group convened
by the commissioner of public safety has
studied and made recommendations to the
legislative committees with jurisdiction over
public safety finance and capital investment.
The commissioner must consult with the
chairs of the legislative committees with
responsibility for public safety finance on
the membership of the working group.
The Forensic Laboratory Advisory Board,
established under Minnesota Statutes, section
299C.156, and the Gang and Drug Oversight
Council, established under section 299A.641,
must provide advice and assistance to
the commissioner and the working group
as requested by the commissioner. The
working group must submit its report and
recommendations to the house and senate
committees with responsibility for public
safety finance by February 1, 2008.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 45,374,000 new text end

new text begin 47,021,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 44,555,000 new text end	new text begin 46,179,000 new text end
new text begin Special Revenue new text end	new text begin 445,000 new text end	new text begin 461,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end	new text begin 367,000 new text end	new text begin 374,000 new text end

new text begin Cooperative investigation of
cross-jurisdictional criminal activity.
$93,000 each year is appropriated from the
Bureau of Criminal Apprehension account in
the special revenue fund for grants to local
officials for the cooperative investigation of
cross-jurisdictional criminal activity. Any
unencumbered balance remaining in the first
year does not cancel but is available for the
second year.
new text end

new text begin Laboratory activities. $352,000 the first
year and $368,000 the second year are
appropriated from the Bureau of Criminal
Apprehension account in the special revenue
fund for laboratory activities.
new text end

new text begin DWI lab analysis. Notwithstanding
Minnesota Statutes, section 161.20,
subdivision 3, $367,000 the first year and
$374,000 the second year are appropriated
from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.
new text end

new text begin new text begin CriMNet justice information integration. new text end
$3,135,000 the first year and $3,460,000 the
second year are for statewide information
integration priorities. The base for this
appropriation in fiscal year 2010 shall be
$2,032,000.
new text end

new text begin new text begin Policy group; report. new text end The criminal and
juvenile justice information policy group
must study funding sources other than the
general fund for new CriMNet costs and
should present its ideas to the house and
senate committees having jurisdiction over
criminal justice issues by January 15, 2008.
new text end

new text begin new text begin Forensic scientists. new text end $1,018,000 the first
year and $1,769,000 the second year are for
19 new forensic scientists in the Bureau of
Criminal Apprehension Forensic Science
Laboratory.
new text end

new text begin new text begin Background checks. new text end $50,000 the first
year is for the Bureau of Criminal
Apprehension to conduct state background
checks by charitable, nonprofit mentoring
organizations. Of this amount, $10,000 is to
be distributed to Mentoring Partnership of
Minnesota for background check training.
Only organizations that have completed
training with Mentoring Partnership of
Minnesota are eligible to receive background
checks under this provision. This is a
onetime appropriation.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 6,196,000 new text end

new text begin 9,243,000 new text end

new text begin This appropriation is from the fire safety
account in the special revenue fund.
new text end

new text begin Of this amount, $3,330,000 the first year and
$6,300,000 the second year are for activities
under Minnesota Statutes, section 299F.012.
new text end

new text begin Subd. 5. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 1,785,000 new text end

new text begin 1,817,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,635,000 new text end	new text begin 1,664,000 new text end
new text begin Special Revenue new text end	new text begin 150,000 new text end	new text begin 153,000 new text end

new text begin Subd. 6. new text end new text begin Office of Justice Programs new text end

new text begin 42,066,000 new text end

new text begin 43,388,000 new text end

new text begin new text begin Crime victim reparations. new text end $250,000 each
year is to increase the amount of funding for
crime victim reparations.
new text end

new text begin new text begin Emergency assistance grant. new text end $100,000
each year is for grants under Minnesota
Statutes, section 611A.675. This is a onetime
appropriation.
new text end

new text begin new text begin Gang and Drug Task Force. new text end $600,000 the
first year and $1,900,000 the second year are
for grants to the Gang and Drug Task Force.
new text end

new text begin new text begin Victim notification system. new text end $455,000
each year is for the continuation of the
victim information and notification everyday
(VINE) service.
new text end

new text begin new text begin Crime prevention and law enforcement
grants. new text end (a) $ 1,900,000 each year is for crime
prevention and law enforcement grants.
new text end

new text begin The office of justice programs shall conduct
a competitive award process that ensures
that grants are awarded to the most qualified
organizations based on the office's established
policies and procedures. The office shall
determine the amount of each grant award
based on need and funds available. The office
shall require a grant recipient to report back
to the office quarterly during the duration
of the grant, and the office has the authority
to withhold or suspend any additional grant
payments if the grant recipient fails to meet
the office's performance standards.
new text end

new text begin The following organizations are eligible to
apply for grants: (1) the city of St. Paul
Police Department's Special Investigation
Unit's Asian Gang Task Force; (2) the
Victim Intervention Program, Inc.; (3) the
Mosaic Youth Center; (4) Ramsey County's
Juvenile Detention Alternatives Initiative;
(5) Restorative Justice Community Action,
Inc.; (6) existing supervised parenting time
centers; (7) existing child advocacy centers;
(8) law enforcement agencies to make squad
car camera updates; (9) the St. Paul police
and fire departments to hire an emergency
coordinator; and (10) political subdivisions
to administer safe cab programs. Any grant
awarded to an organization in clause (5)
may not be used for restorative justice in
domestic violence cases. Any grant awarded
to a political subdivision in clause (10) may
comprise no more than one-third of the full
operating cost of the program. This is a
onetime appropriation.
new text end

new text begin (b) The executive director of the office
of justice programs shall prepare a report
containing the following information: a
list of grant recipients, the amount of each
award, the performance and eligibility
standards used to determine the amount
and recipient of each award, the office's
reporting requirements, the grant recipient's
use of the award, and any other information
the director deems relevant. By January 1,
2010, the office of justice programs shall
submit the report to the chairs and ranking
minority members of the senate and house
committees and divisions having jurisdiction
over criminal justice funding and policy.
new text end

new text begin new text begin Crime victims. new text end $2,271,000 each year is to
increase funding for victim services. Of this
amount, 59 percent is for battered women
shelters, 17 percent is for domestic violence
programs, eight percent is for general crime
victims, 11 percent is for sexual assault
programs, and five percent is for abused
children programs.
new text end

new text begin new text begin COPS grants. new text end $1,000,000 each year is
to hire new peace officers and for peace
officer overtime pay under Minnesota
Statutes, section 299A.62, subdivision 1,
paragraph (b), clauses (1) and (2). The
commissioner shall award the grants based
on the procedures set forth under section
299A.62. Of this amount, at least $250,000
each year must be awarded to two cities in
Hennepin County that are not cities of the
first class and have the highest part 1 and
part 2 crime rates per 100,000 inhabitants in
the county as calculated by the latest Bureau
of Criminal Apprehension report. This is a
onetime appropriation.
new text end

new text begin new text begin Auto theft emergency grant. new text end $75,000
each year is appropriated from the general
fund to the commissioner of public safety
to fund grants awarded under Minnesota
Statutes, section 611A.675, subdivision 1,
clause (6). This amount shall be added to the
department's base budget.
new text end

new text begin new text begin Youth intervention programs. new text end $1,000,000
each year is for youth intervention programs
under Minnesota Statutes, section 299A.73.
The commissioner shall use this money to
make grants to help existing programs serve
unmet needs in their communities and to
fund new programs in underserved areas of
the state. This appropriation is added to the
base budget and is available until expended.
new text end

new text begin new text begin Trafficking legal clinics. new text end $150,000 each
year is appropriated from the general fund
to the commissioner of public safety to
distribute to the grantees described in
Minnesota Statutes, section 299A.786. This
is a onetime appropriation.
new text end

new text begin Administration costs. Up to 2.5 percent
of the grant funds appropriated in this
subdivision may be used to administer the
grant program.
new text end

new text begin Subd. 7. new text end new text begin 911 Emergency Services/ARMER new text end

new text begin 55,681,000 new text end

new text begin 50,385,000 new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin Public safety answering points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end

new text begin Medical Resource Communication
Centers. $683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
new text end

new text begin ARMER debt service. $6,149,000 the
first year and $11,853,000 the second year
are to the commissioner of finance to pay
debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
new text end

new text begin Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8; or in subdivision 8.
new text end

new text begin The base for this appropriation is $18,002,000
in fiscal year 2010 and $23,261,000 in fiscal
year 2011.
new text end

new text begin Metropolitan Council debt service.
$1,410,000 each year is to the commissioner
of finance for payment to the Metropolitan
Council for debt service on bonds issued
under Minnesota Statutes, section 403.27.
new text end

new text begin ARMER improvements. $1,000,000 each
year is for the Statewide Radio Board to
design, construct, maintain, and improve
those elements of the statewide public
safety radio and communication system
that support mutual aid communications
and emergency medical services or provide
interim enhancement of public safety
communication interoperability in those
areas of the state where the statewide public
safety radio and communication system is
not yet implemented.
new text end

new text begin ARMER interoperability planning.
$323,000 each year is to provide funding
to coordinate and plan for communication
interoperability between public safety
entities.
new text end

new text begin ARMER state backbone operating costs.
$3,110,000 each year is to the commissioner
of transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone. The base
for this appropriation is $5,060,000 in fiscal
year 2010 and $5,060,000 in fiscal year 2011
to provide funding to operate one additional
phase of the system.
new text end

new text begin Zone controller. $5,400,000 the first year
is a onetime appropriation to upgrade zone
controllers and network elements in phases
one and two of the statewide radio system.
new text end

new text begin Advance project development. $3,750,000
the first year is a onetime appropriation for
site acquisition and site development work
for the remaining phases of the statewide
radio system. This appropriation is available
until June 30, 2010. This appropriation is to
the commissioner of public safety for transfer
to the commissioner of transportation.
new text end

new text begin System design. $1,850,000 the first year is a
onetime appropriation to complete detailed
design and planning of the remaining
phases of the statewide radio system.
The commissioner of public safety and
the commissioner of transportation shall
determine the scope of the study, after
consulting with the Statewide Radio Board,
the commissioner of administration, and the
state chief information officer. The study
must address the system design for the
state backbone and implications for local
coverage, how data can be integrated, and
whether other public safety communication
networks can be integrated with the state
backbone. The study must estimate the
full cost of completing the state backbone
to specified standards, the cost of local
subsystems, and the potential advantages
of using a request for proposal approach
to solicit private sector participation in the
project. The study must include a financial
analysis of whether the estimated revenue
from increasing the 911 fee by up to 30
cents will cover the estimated debt service
of revenue bonds issued to finance the cost
of completing the statewide radio system
and a portion of the cost up to 50 percent
for local subsystems. The study must also
review the project organizational structure
and governance.
new text end

new text begin Subd. 8. new text end new text begin ARMER Public Safety new text end

new text begin 186,000,000 new text end

new text begin Radio and communication system. new text end new text begin The
appropriations in this subdivision are from
the 911 revenue bond proceeds account
for the purposes indicated, to be available
until the project is completed or abandoned,
subject to Minnesota Statutes, section
16A.642.
new text end

new text begin The appropriations are to the commissioner
of public safety for transfer to the
commissioner of transportation to construct
the system backbone of the public safety
radio and communication system plan under
Minnesota Statutes, section 403.36.
new text end

new text begin $62,000,000 of this appropriation is for
the second year. $62,000,000 of this
appropriation is available on or after July 1,
2009. $62,000,000 of this appropriation is
available on or after July 1, 2010.
new text end

new text begin The commissioner of public safety and the
commissioner of transportation shall certify
to the chairs of the house Public Safety
Finance Division of the Finance Committee
and the senate Public Safety Budget Division
of the Finance Committee that the detailed
design has been completed and that the
financial analysis finds that sufficient revenue
will be generated by proposed changes in the
911 fee to cover all estimated debt service
on revenue bonds proposed to be issued to
complete the system before the appropriation
is made available. The commissioner of
finance shall not approve any fee increase
under Minnesota Statutes, section 403.11,
subdivision 1, paragraph (c), until this
certification is made.
new text end

new text begin Bond sale authorization. To provide the
money appropriated in this subdivision,
the commissioner of finance shall sell and
issue bonds of the state in an amount up to
$186,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota
Statutes, section 403.275.
new text end

Sec. 11. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin $ new text end

new text begin 4,287,000 new text end

new text begin $ new text end

new text begin 4,260,000 new text end

new text begin Excess amounts transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,287,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,260,000 must
be transferred and credited to the general
fund.
new text end

new text begin Peace officer training reimbursements.
$3,109,000 the first year and $ 3,109,000 the
second year are for reimbursements to local
governments for peace officer training costs.
new text end

new text begin new text begin No contact orders; learning objectives. new text end
$50,000 the first year is for: (1) revising and
updating preservice courses and developing
in-service training courses related to no
contact orders in domestic violence cases
and domestic violence dynamics; and (2)
reimbursing peace officers who have taken
training courses described in clause (1).
At a minimum, the training must include
instruction in the laws relating to no contact
orders and address how to best coordinate
law enforcement resources relating to no
contact orders. In addition, the training
must include a component to instruct peace
officers on doing risk assessments of the
escalating factors of lethality in domestic
violence cases. The board must consult with
a statewide domestic violence organization
in developing training courses. The board
shall utilize a request for proposal process in
awarding training contracts. The recipient
of the training contract must conduct these
trainings with advocates or instructors from
a statewide domestic violence organization.
new text end

Sec. 12. new text begin BOARD OF PRIVATE DETECTIVES AND PROTECTIVE AGENT SERVICES new text end

new text begin $ new text end

new text begin 128,000 new text end

new text begin $ new text end

new text begin 130,000 new text end

Sec. 13. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 4,955,000 new text end

new text begin $ new text end

new text begin 3,670,000 new text end

new text begin Management information system.
$1,403,000 the first year and $55,000 the
second year are for the replacement of
the department's tracking and compliance
databases with a management information
system.
new text end

new text begin new text begin Evaluation. new text end The Human Rights Department
shall conduct a survey that evaluates the
outcome of complaints filed with the
department and whether or not a charging
party is satisfied with the outcome of a
complaint and the process by which the
complaint is reviewed and handled by the
department. The department shall evaluate
complaints for which a probable cause or
no probable cause determination is made.
The survey must seek to determine the
reasons for any dissatisfaction and whether
a party sought an appeal or reconsideration
of a determination or decision. The survey
shall evaluate complaints filed or resolved
in the past two years. By January 15, 2008,
the department shall summarize the survey
findings and file a report with the chairs
and ranking minority members of the house
and senate committees having jurisdiction
over criminal justice policy and funding
that discusses the findings and any actions
the department proposes to undertake in
response to the findings.
new text end

new text begin new text begin Inmate complaints, assaults, and fatalities;
corrections ombudsman; working group;
report. new text end By August 1, 2007, the commissioner
of human rights shall convene a working
group to study how the state addresses
inmate complaints, assaults, and deaths in
county jails, workhouses, and prisons. The
commissioner shall serve as chair of the
working group and invite representatives
from the Department of Corrections,
legislature, the Minnesota Sheriffs'
Association, the Minnesota Association of
Community Corrections Act counties, state
bar association, criminal victims justice unit,
state Council on Black Minnesotans, state
Chicano/Latino Affairs Council, University
of Minnesota Law School, Immigrant Law
Center of Minnesota, and other interested
parties to participate in the working group.
The group must: (1) assess how state and
local units of government currently process
and respond to inmate complaints, assaults,
and deaths; (2) assess the effectiveness of
the state's former corrections ombudsman
program; (3) study other states' corrections
ombudsmen; (4) study whether the state
should conduct a fatality review process
for inmates who die while in custody;
and (5) make recommendations on how
state and local units of government should
systematically address inmate complaints,
assaults, and deaths, including the need to
re-appoint a corrections ombudsman. The
commissioner shall file a report detailing the
group's findings and recommendations with
the chairs and ranking minority members
of the house and senate committees having
jurisdiction over criminal justice policy and
funding by January 15, 2008.
new text end

Sec. 14. new text begin DEPARTMENT OF CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 462,517,000 new text end

new text begin $ new text end

new text begin 483,230,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 461,627,000 new text end	new text begin 482,340,000 new text end
new text begin Special Revenue new text end	new text begin 890,000 new text end	new text begin 890,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Correctional Institutions new text end

new text begin 323,511,000 new text end

new text begin 338,577,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 322,931,000 new text end	new text begin 337,997,000 new text end
new text begin Special Revenue new text end	new text begin 580,000 new text end	new text begin 580,000 new text end

new text begin Contracts for beds at Rush City. If the
commissioner contracts with other states,
local units of government, or the federal
government to rent beds in the Rush City
Correctional Facility, the commissioner shall
charge a per diem under the contract, to the
extent possible, that is equal to or greater
than the per diem cost of housing Minnesota
inmates in the facility.
new text end

new text begin Notwithstanding any law to the contrary, the
commissioner may use per diems collected
under contracts for beds at MCF-Rush City
to operate the state correctional system.
new text end

new text begin Offender re-entry services. $400,000
each year is for increased funding for
expansion of offender re-entry services in the
institutions and staffing for the Department
of Corrections MCORP program.
new text end

new text begin new text begin Health services. new text end $900,000 the first year and
$1,300,000 the second year are for increases
in health services.
new text end

new text begin Subd. 3. new text end new text begin Community Services new text end

new text begin 121,482,000 new text end

new text begin 126,899,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 121,382,000 new text end	new text begin 126,799,000 new text end
new text begin Special Revenue new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin ISR agents, challenge incarceration
program. $600,000 the first year and
$1,000,000 the second year are for intensive
supervised release agents for the challenge
incarceration program.
new text end

new text begin ISR agents, conditional release program.
$600,000 each year is for intensive supervised
release agents for the conditional release
program. This is a onetime appropriation.
new text end

new text begin new text begin Interstate compact. new text end $225,000 each year is
for increased costs based on changes made to
the Interstate Compact for Adult Offender
Supervision, Minnesota Statutes, section
243.1605.
new text end

new text begin Sex offenders, civil commitment and
tracking. $350,000 each year is to fund a
legal representative for civil commitments
and to manage and track sex offenders.
new text end

new text begin Probation supervision, CCA system.
$2,800,000 each year is added to the
Community Corrections Act subsidy,
Minnesota Statutes, section 401.14.
new text end

new text begin Probation supervision, CPO system.
$600,000 each year is added to the county
probation officers reimbursement base.
new text end

new text begin Probation supervision, DOC system.
$600,000 each year is for the Department of
Corrections probation and supervised release
unit.
new text end

new text begin Probation, caseload reduction. $1,964,000
the first year and $3,664,000 the second year
are for adult felon offender management to
be distributed statewide by the Community
Corrections Act formula. $200,000 the
first year and $400,000 the second year
are for juvenile offender management
to be distributed statewide by the
Community Corrections Act formula. These
appropriations may be used for sex offender
management.
new text end

new text begin new text begin Sex offender treatment. new text end $500,000 the first
year and $1,000,000 the second year are to
increase funding for providing treatment for
sex offenders on community supervision.
new text end

new text begin new text begin Sex offender management/standards. new text end
$500,000 the first year and $1,000,000
the second year are for research and
evaluation of sex offender management
(supervision, treatment, and polygraphs) and
for developing and monitoring standards of
supervision and treatment.
new text end

new text begin Sex offender assessments. $75,000 each
year is to increase funding to reimburse
counties or their designees, or courts, for
sex offender assessments under Minnesota
Statutes, section 609.3457.
new text end

new text begin Sentencing to service. $600,000 each year is
to increase funding for sentencing to service
activities such as highway litter cleanup.
new text end

new text begin Short-term offenders. $2,500,000 each year
is to increase funding for the costs associated
with the housing and care of short-term
offenders. The commissioner may use up
to 20 percent of the total amount of the
appropriation for inpatient medical care for
short-term offenders. All funds remaining at
the end of the fiscal year not expended for
inpatient medical care must be added to and
distributed with the housing funds. These
funds must be distributed proportionately
based on the total number of days short-term
offenders are placed locally, not to exceed
$70 per day.
new text end

new text begin The department is exempt from the state
contracting process for the purposes of
paying short-term offender costs relating to
Minnesota Statutes, section 609.105.
new text end

new text begin Offender re-entry service. $550,000 each
year is for offender job-seeking services,
evidence-based research, expansion of
re-entry services specific to juveniles,
and funding to local units of government
participating in MCORP to provide re-entry
programming to offenders.
new text end

new text begin Offender re-entry grant. $800,000 the first
year and $1,700,000 the second year are for
grants to the nonprofit organization selected
to administer the five-year demonstration
project for high-risk adults under Minnesota
Statutes, section 241.86. This is a onetime
appropriation.
new text end

new text begin Employment services for ex-offenders.
$200,000 each year is for grants to a nonprofit
organization to establish a pilot project to
provide employment services to ex-criminal
offenders living in the North Minneapolis
community as provided for in article 7,
section 6. This is a onetime appropriation.
new text end

new text begin new text begin Domestic abuse re-entry grants. new text end $250,000
each year is appropriated from the general
fund to the commissioner of corrections for
the grant authorized in article 7, section 5.
This is a onetime appropriation.
new text end

new text begin new text begin Re-entry; productive day. new text end $150,000 each
year is appropriated from the general fund
to the commissioner of corrections for the
fiscal biennium ending June 30, 2009. The
commissioner shall distribute the money
as a grant to the Arrowhead Regional
Corrections Agency to expand the agency's
productive day initiative program, as defined
in Minnesota Statutes, section 241.275,
to include juvenile offenders who are 16
years of age and older. This is a onetime
appropriation.
new text end

new text begin new text begin Mentoring grants; incarcerated parents. new text end
$200,000 each year is appropriated from
the general fund to the commissioner of
corrections for the grant authorized in
Minnesota Statutes, section 299A.82. This is
a onetime appropriation.
new text end

new text begin Short-term offender study; report. The
commissioner of corrections shall study
the use and effectiveness of the short-term
offender program and identify gaps in the
current system relating to programming
and re-entry services for short-term
offenders. On or before January 15, 2008,
the commissioner shall submit a report
detailing the commissioner's findings and
recommendations to the house and senate
committees with jurisdiction over public
safety policy and funding.
new text end

new text begin Subd. 4. new text end new text begin Operations Support new text end

new text begin 17,524,000 new text end

new text begin 17,754,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 17,314,000 new text end	new text begin 17,544,000 new text end
new text begin Special Revenue new text end	new text begin 210,000 new text end	new text begin 210,000 new text end

Sec. 15. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 600,000 new text end

new text begin $ new text end

new text begin 600,000 new text end

new text begin Effectiveness of re-entry programs and
drug courts; study. The Sentencing
Guidelines Commission, in consultation
with the commissioner of corrections and
the state court administrator, shall study: (1)
the effectiveness of the offender re-entry
funding and programs authorized in this act;
and (2) the effectiveness of the additional
drug courts funded in this act. The executive
director of the commission shall file a report
with the ranking members of the house of
representatives and senate committees with
jurisdiction over public safety policy and
funding by February 15, 2009. The report
must assess the impact this act's re-entry
grants and programs and expanded drug
court funding had on the recidivism rate of
offenders who participated in: (1) programs
that received re-entry grants; and/or (2) drug
courts.
new text end

ARTICLE 2

GENERAL CRIME

Section 1.

Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to
read:

Subd. 22.

Domestic abuse no contact order.

(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:

(1) domestic abuse;

(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;

(3) violation of an order for protection charged under subdivision 14; or

(4) violation of a prior domestic abuse no contact order charged under this
subdivision.

It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.

(b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.

(c) A person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. new text begin Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
and must be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
new text end

new text begin (d) A person is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both, if the person
knowingly violates this subdivision within ten years of the first of two or more previous
qualified domestic violence-related offense convictions or adjudications of delinquency.
Upon a felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration
as a condition of probation. The court also shall order that the defendant participate in
counseling or other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in this
paragraph for felony convictions.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer. The person shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes new text begin a violation of or an attempt to violate new text end the following
offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact order);
new text begin 609.185 (first-degree murder); 609.19 (second-degree murder); new text end 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault);
609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree
criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to read:

Subd. 11.

Sexual contact.

(a) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e),
and (h) to deleted text begin (m) deleted text end new text begin (o) new text end , includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed with sexual
or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts, or

(ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or

(iii) the touching by another of the complainant's intimate parts effected by coercion
or by a person in a position of authority, or

(iv) in any of the cases above, the touching of the clothing covering the immediate
area of the intimate parts.

(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts;

(ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts;

(iii) the touching by another of the complainant's intimate parts; or

(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts.

(c) "Sexual contact with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening
with sexual or aggressive intent or the touching by the complainant's bare genitals or anal
opening of the actor's or another's bare genitals or anal opening with sexual or aggressive
intent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual penetration with
another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 24 months older than the complainant. In any such case new text begin if the actor is no more
than 120 months older than the complainant, new text end it shall be an affirmative defense, which
must be proved by a preponderance of the evidence, that the actor new text begin reasonably new text end believes
the complainant to be 16 years of age or older. new text begin In all other cases, mistake as to the
complainant's age shall not be a defense. new text end If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the actor may be sentenced
to imprisonment for not more than five years. Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of
time.

Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;

(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:

(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or

(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including, but not limited
to, jails, prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense; deleted text begin or
deleted text end

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant.
Consent by the complainant is not a defense deleted text begin . deleted text end new text begin ; or
new text end

new text begin (o) the actor performs massage or other bodywork for hire, the complainant was a
user of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2006, section 609.345, subdivision 1, is amended to read:

Subdivision 1.

Crime defined.

A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is
more than 48 months older than the complainant or in a position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such
case, new text begin if the actor is no more than 120 months older than the complainant, new text end it shall be an
affirmative defense which must be proved by a preponderance of the evidence that the
actor new text begin reasonably new text end believes the complainant to be 16 years of age or older new text begin . In all other cases,
mistake as to the complainant's age shall not be a defense new text end ;

(c) the actor uses force or coercion to accomplish the sexual contact;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of
time.

Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists. Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual contact occurred by means of therapeutic deception. Consent by the
complainant is not a defense;

(k) the actor accomplishes the sexual contact by means of deception or false
representation that the contact is for a bona fide medical purpose. Consent by the
complainant is not a defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:

(i) the sexual contact occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or

(ii) the sexual contact occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including, but not limited
to, jails, prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense; deleted text begin or
deleted text end

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense deleted text begin . deleted text end new text begin ; or
new text end

new text begin (o) the actor performs massage or other bodywork for hire, the complainant was
a user of one of those services, and nonconsensual sexual contact occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to read:

Subd. 3.

Felony.

A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both, if the person violates deleted text begin subdivision 1, clause (2) deleted text end new text begin this section new text end , after having been
previously convicted of or adjudicated delinquent for violating deleted text begin subdivision 1, clause (2) deleted text end new text begin
this section; sections 609.342 to 609.345; section 609.3453 new text end ; section 617.23, subdivision 2,
clause (1); new text begin section 617.247; new text end or a statute from another state in conformity deleted text begin with subdivision
1, clause (2), or section 617.23, subdivision 2, clause (1) deleted text end new text begin with one of these statutes new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2006, section 609.3455, subdivision 4, is amended to read:

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the factfinder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the factfinder determines
that the prior convictions and present offense involved at least three separate victims, and:

(i) the factfinder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless new text begin at least one of new text end the person's
previous or prior sex offense convictions that are being used as the basis for the sentence
are for violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute
of the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Applicability. new text end

new text begin The provisions of this section do not affect the applicability
of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2006, section 609.352, is amended to read:

609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL
CONDUCT.

Subdivision 1.

Definitions.

As used in this section:

(a) "child" means a person 15 years of age or younger;

(b) "sexual conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as defined in
section 617.246; deleted text begin and deleted text end

(c) "solicit" means commanding, entreating, or attempting to persuade a specific
person in person, by telephone, by letter, or by computerized or other electronic means deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (d) "sexually explicit" means any communication, language, or material, including a
photographic or video image, that relates to or describes sexual conduct.
new text end

Subd. 2.

Prohibited act.

A person 18 years of age or older who solicits a child or
someone the person reasonably believes is a child to engage in sexual conduct with intent
to engage in sexual conduct is guilty of a felony deleted text begin and may be sentenced to imprisonment
for not more than three years, or to payment of a fine of not more than $5,000, or both deleted text end .

new text begin Subd. 2a. new text end

new text begin Internet or computer solicitation of children. new text end

new text begin A person 18 years of age
or older who uses the Internet or a computer, computer program, computer network, or
computer system to communicate with a child or someone the person reasonably believes
is a child, with the intent to arouse or gratify the sexual desire of any person, is guilty of a
felony if any of the following circumstances exist:
new text end

new text begin (a) the actor solicits a child or someone the actor reasonably believes is a child to
engage in sexual conduct;
new text end

new text begin (b) the actor communicates in a sexually explicit manner with a child or someone
the actor reasonably believes is a child; or
new text end

new text begin (c) the actor distributes sexually explicit material to a child or someone the actor
reasonably believes is a child.
new text end

new text begin Subd. 2b. new text end

new text begin Jurisdiction. new text end

new text begin A person may be convicted of an offense under subdivision
2a if the transmission that constitutes the offense either originates within this state or is
received within this state.
new text end

Subd. 3.

Defenses.

new text begin (a) new text end Mistake as to age is not a defense to a prosecution under
deleted text begin this section deleted text end new text begin subdivision 2 new text end . new text begin Mistake as to age is an affirmative defense to a prosecution
under subdivision 2a.
new text end

new text begin (b) The fact that an undercover operative or law enforcement officer was involved
in the detection or investigation of an offense under this section does not constitute a
defense to a prosecution under this section.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person convicted under subdivision 2 or 2a is guilty of a felony
and may be sentenced to imprisonment for not more than three years, or to payment of
a fine of not more than $5,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2006, section 609.505, subdivision 2, is amended to read:

Subd. 2.

Reporting police misconduct.

(a) Whoever informs, or causes information
to be communicated to, a peace officer, whose responsibilities include investigating or
reporting police misconduct, new text begin or other person working under the authority of a chief law
enforcement officer, whose responsibilities include investigating or reporting police
misconduct, new text end that a peace officer, as defined in section 626.84, subdivision 1, paragraph (c),
has committed an act of police misconduct, knowing that the information is false, is guilty
of a crime and may be sentenced as follows:

(1) up to the maximum provided for a misdemeanor if the false information does not
allege a criminal act; or

(2) up to the maximum provided for a gross misdemeanor if the false information
alleges a criminal act.

(b) The court shall order any person convicted of a violation of this subdivision
to make full restitution of all reasonable expenses incurred in the investigation of the
false allegation unless the court makes a specific written finding that restitution would be
inappropriate under the circumstances. A restitution award may not exceed $3,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:

Subd. 2a.

Penalties.

(a) A person who is convicted of issuing a dishonored check
under subdivision 2 may be sentenced as follows:

(1) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $500 deleted text end new text begin $1,000 new text end ;

(2) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $250 deleted text end new text begin $500 new text end but not more than deleted text begin $500 deleted text end new text begin $1,000 new text end ; or

(3) to imprisonment for not more than 90 days or to payment of a fine of not more
than $1,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is not more than deleted text begin $250 deleted text end new text begin $500 new text end .

(b) In a prosecution under this subdivision, the value of dishonored checks issued
by the defendant in violation of this subdivision within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the dishonored checks was issued for all
of the offenses aggregated under this paragraph.

Sec. 12.

Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Government building. new text end

new text begin "Government building" means a building that
is owned, leased, controlled, or operated by a governmental entity for a governmental
purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Religious establishment. new text end

new text begin "Religious establishment" means a building
used for worship services by a religious organization and clearly identified as such by a
posted sign or other means.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin School building. new text end

new text begin "School building" means a public or private preschool,
elementary school, middle school, secondary school, or postsecondary school building.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Historic property. new text end

new text begin "Historic property" means any property identified
as a historic site or historic place by sections 138.661 to 138.664 and clearly identified
as such by a posted sign or other means.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:

Subd. 2.

Burglary in the second degree.

new text begin (a) new text end Whoever enters a building without
consent and with intent to commit a crime, or enters a building without consent and
commits a crime while in the building, either directly or as an accomplice, commits
burglary in the second degree and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both, if:

deleted text begin (a) deleted text end new text begin (1) new text end the building is a dwelling;

deleted text begin (b) deleted text end new text begin (2) new text end the portion of the building entered contains a banking business or other
business of receiving securities or other valuable papers for deposit or safekeeping and
the entry is with force or threat of force;

deleted text begin (c) deleted text end new text begin (3) new text end the portion of the building entered contains a pharmacy or other lawful
business or practice in which controlled substances are routinely held or stored, and the
entry is forcible; or

deleted text begin (d) deleted text end new text begin (4) new text end when entering or while in the building, the burglar possesses a tool to gain
access to money or property.

new text begin (b) Whoever enters a government building, religious establishment, historic property,
or school building without consent and with intent to commit a crime under section 609.52
or 609.595, or enters a government building, religious establishment, historic property, or
school building without consent and commits a crime under section 609.52 or 609.595
while in the building, either directly or as an accomplice, commits burglary in the second
degree and may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

new text begin [609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR
TELECOMMUNICATIONS EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Crime. new text end

new text begin Whoever intentionally and without consent from one
authorized to give consent causes any damage or takes, removes, severs, or breaks:
new text end

new text begin (1) any line erected or maintained for the purpose of transmitting electricity for
light, heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected
therewith, any wire, cable, or current thereof;
new text end

new text begin (2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained
for the purpose of transporting, conveying, or distributing gas or other hazardous liquids
for light, heat, power, or any other purpose, or any part thereof, or any valve, meter,
holder, compressor, machinery, appurtenance, equipment, or apparatus connected with any
such main or pipeline; or
new text end

new text begin (3) any machinery, equipment, and fixtures used in receiving, initiating,
amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers, routers,
repeaters, multiplexers, and other items performing comparable functions; and machinery,
equipment, and fixtures used in the transportation of telecommunications services,
radio transmitters and receivers, satellite equipment, microwave equipment, and other
transporting media including wire, cable, fiber, poles, and conduit;
new text end

new text begin is guilty of a crime and may be sentenced as provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Whoever violates subdivision 1 is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both.
new text end

Sec. 18.

new text begin [609.5935] TAMPERING WITH GAS AND ELECTRICAL LINES.
new text end

new text begin Whoever intentionally and without claim of right, takes, removes, breaks, or severs,
a line or any part connected to a line that is used for supplying or transporting gas or
electricity without the consent of one authorized to give consent and in a manner that
creates a substantial risk of death or bodily harm or serious property damage is guilty of a
felony and may be sentenced to imprisonment for not more than 20 years or to payment of
a fine of not more than $100,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:

Subdivision 1.

Criminal damage to property in the first degree.

Whoever
intentionally causes damage to physical property of another without the latter's consent
may be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if:

(1) the damage to the property caused a reasonably foreseeable risk of bodily
harm; or

(2) the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or

(3) the damage reduces the value of the property by more than deleted text begin $500 deleted text end new text begin $1,000 new text end measured
by the cost of repair and replacement; or

(4) the damage reduces the value of the property by more than deleted text begin $250 deleted text end new text begin $500 new text end measured
by the cost of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.

In any prosecution under clause (3), the value of any property damaged by the
defendant in violation of that clause within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed for
all of the offenses aggregated under this paragraph.

Sec. 20.

Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:

Subd. 2.

Criminal damage to property in the third degree.

(a) Except as
otherwise provided in subdivision 1a, whoever intentionally causes damage to another
person's physical property without the other person's consent may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both, if the damage reduces the value of the property by more than deleted text begin $250 deleted text end new text begin $500 new text end but not
more than deleted text begin $500 deleted text end new text begin $1,000 new text end as measured by the cost of repair and replacement.

(b) Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's actual or
perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
value of the property by not more than deleted text begin $250 deleted text end new text begin $500 new text end .

(c) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more
offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.

Sec. 21.

Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purposes of this section, the following terms have
the meanings given them in this subdivision.

(a) "Harassment" includes:

(1) a single incident of physical or sexual assault or repeated incidents of intrusive or
unwanted acts, words, or gestures that have a substantial adverse effect or are intended to
have a substantial adverse effect on the safety, security, or privacy of another, regardless
of the relationship between the actor and the intended target;

(2) targeted residential picketing; deleted text begin and
deleted text end

(3) a pattern of attending public events after being notified that the actor's presence
at the event is harassing to another deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) a single incident of posing as another person or persons through the use of the
Internet or a computer, computer program, computer network, or computer system,
without express authorization in order to harass or defame another person or persons.
new text end

(b) "Respondent" includes any adults or juveniles alleged to have engaged in
harassment or organizations alleged to have sponsored or promoted harassment.

(c) "Targeted residential picketing" includes the following acts when committed on
more than one occasion:

(1) marching, standing, or patrolling by one or more persons directed solely at a
particular residential building in a manner that adversely affects the safety, security, or
privacy of an occupant of the building; or

(2) marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential building from gaining access to or exiting from the property on
which the residential building is located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:

Subd. 5.

Restraining order.

(a) The court may grant a restraining order ordering
the respondent to cease or avoid the harassment of another person or to have no contact
with that person if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.

new text begin Except as provided in paragraph (c), new text end a restraining order may be issued only against the
respondent named in the petition; deleted text begin except that deleted text end new text begin and new text end if the respondent is an organization, the
order may be issued against and apply to all of the members of the organization. Relief
granted by the restraining order must be for a fixed period of not more than two years.
When a referee presides at the hearing on the petition, the restraining order becomes
effective upon the referee's signature.

(b) An order issued under this subdivision must be personally served upon the
respondent.

new text begin (c) If the harassment involves communication through the use of the Internet or
a computer, computer program, computer network, or computer system, a restraining
order may also be issued against private computer networks, including Internet service
providers or computer bulletin board systems, that are publishing harassing information.
A restraining order issued under this paragraph may direct the respondent or a private
computer network to remove or correct the harassing information. A restraining order
issued under this paragraph may be served by mail upon any private computer network
affected.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 609.805, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

ARTICLE 3

DWI AND DRIVING RELATED PROVISIONS

Section 1.

Minnesota Statutes 2006, section 169A.275, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Exception. new text end

new text begin (a) A judge is not required to sentence a person as provided
in this section if the judge requires the person as a condition of probation to drive only
motor vehicles equipped with an ignition interlock device meeting the standards described
in section 171.306.
new text end

new text begin (b) This subdivision expires July 1, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:

Subd. 7.

Requirements for conducting tests; liability.

(a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, new text begin phlebotomist, new text end or laboratory assistant acting
at the request of a peace officer may withdraw blood for the purpose of determining the
presence of alcohol, a controlled substance or its metabolite, or a hazardous substance.
This limitation does not apply to the taking of a breath or urine sample.

(b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.

(c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, new text begin phlebotomist,
new text end or registered nurse drawing blood at the request of a peace officer for the purpose of
determining the concentration of alcohol, a controlled substance or its metabolite, or a
hazardous substance is in no manner liable in any civil or criminal action except for
negligence in drawing the blood. The person administering a breath test must be fully
trained in the administration of breath tests pursuant to training given by the commissioner
of public safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Driving record disclosure to law enforcement. new text end

new text begin The commissioner
shall also furnish driving records, without charge, to chiefs of police, county sheriffs,
prosecuting attorneys, and other law enforcement agencies with the power to arrest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

new text begin [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Pilot project established; reports. new text end

new text begin The commissioner shall
conduct a two-year ignition interlock device pilot project as provided in this section. The
commissioner shall select one metropolitan county and one rural county to participate
in the pilot project. The pilot project must begin on July 1, 2007, and continue until
June 30, 2009. The commissioner shall submit two preliminary reports by February 1,
2008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and funding. The reports must evaluate the
successes and failures of the pilot project, provide information on participation rates, and
make recommendations on continuing the project.
new text end

new text begin Subd. 2. new text end

new text begin Performance standards; certification. new text end

new text begin The commissioner shall determine
appropriate performance standards and a certification process for ignition interlock
devices for the pilot project. Only devices certified by the commissioner as meeting the
performance standards may be used in the pilot project.
new text end

new text begin Subd. 3. new text end

new text begin Pilot project components. new text end

new text begin (a) Under the pilot project, the commissioner
shall issue a driver's license to an individual whose driver's license has been revoked
under chapter 169A for a repeat impaired driving incident if the person qualifies under this
section and agrees to all of the conditions of the project.
new text end

new text begin (b) The commissioner must flag the person's driver's license record to indicate the
person's participation in the program. The license must authorize the person to drive only
vehicles having functioning ignition interlock devices conforming with the requirements
of subdivision 2.
new text end

new text begin (c) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating in
the ignition interlock pilot program shall be subject to this program, and when the person
is eligible to be issued:
new text end

new text begin (1) a limited driver's license subject to the ignition interlock restriction;
new text end

new text begin (2) full driving privileges subject to the ignition interlock restriction; and
new text end

new text begin (3) a driver's license without an ignition interlock restriction.
new text end

new text begin (d) A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.
new text end

new text begin (e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.
new text end

new text begin (f) It is a misdemeanor for a person who is licensed under this section for driving a
vehicle equipped with an ignition interlock device:
new text end

new text begin (1) to start or attempt to start, or to operate or attempt to operate, the vehicle while
the person has any amount of alcohol in the person's body; or
new text end

new text begin (2) to drive, operate or be in physical control of a motor vehicle other than a vehicle
properly equipped with an ignition interlock device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2006, section 171.55, is amended to read:

171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.

The commissioner shall give the same effect for driver licensing purposes to conduct
reported from a licensing authority or court in another state new text begin or province or territory
of Canada new text end that the commissioner would give to conduct reported from a court or other
agency of this state, whether or not the other state new text begin or province or territory of Canada new text end is a
party to the Driver License Compact in section 171.50. The conduct to be given effect by
the commissioner includes a report of conviction for an offense enumerated in section
171.50, article IV, or an offense described in sections 171.17 and 171.18.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:

Subdivision 1.

Criminal vehicular deleted text begin homicide deleted text end new text begin operation; crime described new text end .

A
person is guilty of criminal vehicular deleted text begin homicide resulting in death and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both deleted text end new text begin operation and may be sentenced as provided in subdivision 1a new text end , if the person causes
new text begin injury to or new text end the death of deleted text begin a human being not constituting murder or manslaughter deleted text end new text begin another
new text end as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous
substance;

(6) in a negligent manner while any amount of a controlled substance listed in
schedule I or II, new text begin or its metabolite, new text end other than marijuana or tetrahydrocannabinols, is
present in the person's body; or

(7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Criminal penalties. new text end

new text begin (a) A person who violates subdivision 1 and causes
the death of a human being not constituting murder or manslaughter or the death of an
unborn child may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both.
new text end

new text begin (b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
new text end

new text begin (c) A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $10,000, or both.
new text end

new text begin (d) A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Conviction not bar to punishment for other crimes. new text end

new text begin A prosecution
for or a conviction of a crime under this section relating to causing death or injury to an
unborn child is not a bar to conviction of or punishment for any other crime committed by
the defendant as part of the same conduct.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:

Subd. 4a.

Affirmative defense.

It shall be an affirmative defense to a charge under
subdivision 1, clause (6) deleted text begin ; 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4,
clause (6) deleted text end , that the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and 152.12.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:

Subd. 5.

Definitions.

For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1 new text begin , and
includes attached trailers new text end .

(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(c) "Hazardous substance" means any chemical or chemical compound that is listed
as a hazardous substance in rules adopted under chapter 182.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:

Subdivision 1.

Certificates of analysis; blood sample reports; chain of custody.

new text begin (a) new text end In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
pursuant to section 169A.53, subdivision 3, the following documents shall be admissible
in evidence:

deleted text begin (a) deleted text end new text begin (1) new text end a report of the facts and results of any laboratory analysis or examination if it
is prepared and attested by the person performing the laboratory analysis or examination
in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau
of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol,
Tobacco and Firearms, or the federal Drug Enforcement Administration;

deleted text begin (b) deleted text end new text begin (2) new text end a report of a blood sample withdrawn under the implied consent law if:

(i) The report was prepared by the person who administered the test;

(ii) The person who withdrew the blood sample was competent to administer the test
under section 169A.51, subdivision 7; and

(iii) The report was prepared consistent with any applicable rules promulgated
by the commissioner of public safety; and

deleted text begin (c) deleted text end new text begin (3) new text end a verified chain of custody of a specimen while under the control of a
laboratory described in clause deleted text begin (a) deleted text end new text begin (1) new text end .

new text begin (b) new text end A report described in new text begin paragraph (a), new text end clause deleted text begin (a) deleted text end new text begin (1), new text end purported to be signed by the
person performing the analysis or examination in a laboratory named in that clause, or a
blood sample report described in new text begin paragraph (a), new text end clause deleted text begin (b) deleted text end new text begin (2), new text end purported to be signed by
the person who withdrew the blood sample shall be admissible as evidence without proof
of the seal, signature or official character of the person whose name is signed to it. The
signature in new text begin paragraph (a), new text end clause deleted text begin (a) deleted text end new text begin (1) new text end or deleted text begin (b) deleted text end new text begin (2), new text end can be written or in electronic format.

new text begin (c) At least 20 days before trial, the prosecutor shall submit to the accused person or
the accused person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:

Subd. 2.

Testimony at trial.

new text begin (a) new text end Except in civil proceedings, including proceedings
under section 169A.53, an accused person or the accused person's attorney may request,
by notifying the prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:

deleted text begin (a) deleted text end new text begin (1) new text end a person who performed the laboratory analysis or examination for the report
described in subdivision 1, new text begin paragraph (a), new text end clause deleted text begin (a) deleted text end new text begin (1) new text end ; or

deleted text begin (b) deleted text end new text begin (2) new text end a person who prepared the blood sample report described in subdivision
1, new text begin paragraph (a), new text end clause deleted text begin (b) deleted text end new text begin (2) new text end .

If a petitioner in a proceeding under section 169A.53 subpoenas a person described
in deleted text begin paragraph (a) deleted text end new text begin clause (1) new text end or deleted text begin (b) deleted text end new text begin (2), new text end to testify at the proceeding, the petitioner is not
required to pay the person witness fees under section 357.22 in excess of $100.

new text begin (b) If the accused person or the accused person's attorney does not comply with
the ten-day requirement described in paragraph (a), the prosecutor is not required to
produce the person who performed the analysis or examination or prepared the report.
In this case, the accused person's right to confront that witness is waived and the report
shall be admitted into evidence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
subdivision 2, the revisor of statutes shall change the references in column A to the
references in column B.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 609.21, subdivision 1 new text end	new text begin 609.21, subdivision 1a, paragraph (a) new text end
	new text begin 609.21, subdivision 2 new text end	new text begin 609.21, subdivision 1a, paragraph (b) new text end
	new text begin 609.21, subdivision 2a new text end	new text begin 609.21, subdivision 1a, paragraph (c) new text end
	new text begin 609.21, subdivision 2b new text end	new text begin 609.21, subdivision 1a, paragraph (d) new text end
	new text begin 609.21, subdivision 4 new text end	new text begin 609.21, subdivision 1a, paragraph (b) new text end

new text begin (b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall
replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a
reference to Minnesota Statutes, section 609.21, subdivision 1b.
new text end

new text begin (c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the
reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to
Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
new text end

new text begin (d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota
Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references
to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a,
clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and
subdivision 4, clauses (2) to (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Verify auto insurance. new text end

new text begin Minnesota Statutes 2006, section 169.796,
subdivision 3, new text end new text begin is repealed.
new text end

new text begin Subd. 2. new text end

new text begin Suspension of mailed demands. new text end

new text begin Laws 2005, First Special Session chapter
6, article 3, section 91, new text end new text begin is repealed.
new text end

new text begin Subd. 3. new text end

new text begin Criminal vehicular operation. new text end

new text begin Minnesota Statutes 2006, section 609.21,
subdivisions 2, 2a, 2b, 3, and 4, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 2 are effective the day following final
enactment. Subdivision 3 is effective August 1, 2007.
new text end

ARTICLE 4

CRIME VICTIMS

Section 1.

new text begin [299A.786] LEGAL ADVOCACY TRAFFICKING VICTIMS; GRANT.
new text end

new text begin (a) The commissioner of public safety shall award a grant for ten weekly
international trafficking screening clinics that are staffed by attorneys from a nonprofit
organization that provides free legal, medical, dental, mental health, shelter, and vocational
counseling services and English language classes to trafficking victims in the state.
new text end

new text begin (b) The grant applicant shall prepare and submit to the commissioner of public
safety a written grant proposal detailing the screening clinic free services, including
components of the services offered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:

Subdivision 1.

Formulation of policies.

new text begin (a) new text end The commissioner shall formulate
policies to effectuate the purposes of this chapter and shall:

(1) exercise leadership under the direction of the governor in the development of
human rights policies and programs, and make recommendations to the governor and the
legislature for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul, and any other necessary
branch offices at any location within the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and agents as the commissioner
may deem necessary and prescribe their duties;

(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary
to effectuate the purposes of this chapter;

(6) obtain upon request and utilize the services of all state governmental departments
and agencies;

(7) adopt suitable rules for effectuating the purposes of this chapter;

(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;

(9) subpoena witnesses, administer oaths, take testimony, and require the production
for examination of any books or papers relative to any matter under investigation or in
question as the commissioner deems appropriate to carry out the purposes of this chapter;

(10) attempt, by means of education, conference, conciliation, and persuasion to
eliminate unfair discriminatory practices as being contrary to the public policy of the state;

(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;

(12) make a written report of the activities of the commissioner to the governor
each year;

(13) accept gifts, bequests, grants, or other payments public and private to help
finance the activities of the department;

(14) create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of Human
Rights;

(15) develop such programs as will aid in determining the compliance throughout
the state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion,
national origin, sex, age, disability, marital status, status with regard to public assistance,
familial status, sexual orientation, or other factors and develop accurate data on the nature
and extent of discrimination and other matters as they may affect housing, employment,
public accommodations, schools, and other areas of public life;

(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;

(17) provide staff services to such advisory committees as may be created in aid of
the functions of the Department of Human Rights;

(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; and

(19) cooperate and consult with the commissioner of labor and industry regarding
the investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7.

In performing these duties, the commissioner shall give priority to those duties in
clauses (8), (9), and (10) and to the duties in section 363A.36.

new text begin (b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to
help finance activities of the department.
new text end

Sec. 3.

new text begin [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
TERMINATE LEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to terminate; procedure. new text end

new text begin A tenant to a residential lease who
is a victim of domestic abuse and fears imminent domestic abuse against the tenant or the
tenant's children by remaining in the leased premises may terminate a lease agreement
without penalty or liability, except as provided by this section, by providing written notice
to the landlord stating that the tenant fears imminent domestic abuse and indicating
the specific date the tenant intends to vacate the premises. The written notice must be
delivered by mail, fax, or in person, and be accompanied by one of the following:
new text end

new text begin (1) an order for protection under chapter 518B; or
new text end

new text begin (2) a no contact order, currently in effect, issued under section 518B.01, subdivision
22, or chapter 609.
new text end

new text begin Subd. 2. new text end

new text begin Confidentiality of information. new text end

new text begin Information provided to the landlord by
the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the
landlord as confidential. The information may not be entered into any shared database
or provided to any entity except when required for use in an eviction proceeding, upon
the consent of the victim, or as otherwise required by law.
new text end

new text begin Subd. 3. new text end

new text begin Liability for rent; termination of tenancy. new text end

new text begin (a) A tenant terminating a
lease pursuant to subdivision 1 is responsible for one month's rent following the vacation
of the premises and is relieved of any contractual obligation for payment of rent or any
other charges for the remaining term of the lease.
new text end

new text begin (b) This section does not affect a tenant's liability for delinquent, unpaid rent or
other sums owed to the landlord before the lease was terminated by the tenant under this
section. The return or retention of the security deposit is subject to the provisions of
section 504B.178.
new text end

new text begin (c) The tenancy terminates, including the right of possession of the premises, when
the tenant surrenders the keys to the premises to the landlord. The one month's rent is due
and payable on or before the date the tenant vacates the premises, as indicated in their
written notice pursuant to subdivision 1. For purposes of this section, the provisions of
section 504B.178 commence upon the first day of the month following either:
new text end

new text begin (1) the date the tenant vacates the premises; or
new text end

new text begin (2) the date the tenant pays the one month's rent, whichever occurs first.
new text end

new text begin (d) The provisions of this subdivision do not apply until written notice meeting the
requirements of subdivision 1 is delivered to the landlord.
new text end

new text begin Subd. 4. new text end

new text begin Multiple tenants. new text end

new text begin Notwithstanding the release of a tenant from a lease
agreement under this section, if there are any remaining tenants residing in the premises
the tenancy shall continue for those remaining tenants. A perpetrator who has been
excluded from the premises under court order remains liable under the lease with any
other tenant of the premises for rent or damage to the premises.
new text end

new text begin Subd. 5. new text end

new text begin Waiver prohibited. new text end

new text begin A residential tenant may not waive, and a landlord
may not require the residential tenant to waive, the resident tenant's rights under this
section.
new text end

new text begin Subd. 6. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "domestic abuse" has the meaning
given in section 518B.01, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to read:

Subd. 6a.

Subsequent orders and extensions.

new text begin (a) new text end Upon application, notice to
all parties, and hearing, the court may extend the relief granted in an existing order for
protection or, if a petitioner's order for protection is no longer in effect when an application
for subsequent relief is made, grant a new order. The court may extend the terms of an
existing order or, if an order is no longer in effect, grant a new order upon a showing that:

(1) the respondent has violated a prior or existing order for protection;

(2) the petitioner is reasonably in fear of physical harm from the respondent;

(3) the respondent has engaged in acts of harassment or stalking within the meaning
of section 609.749, subdivision 2; or

(4) the respondent is incarcerated and about to be released, or has recently been
released from incarceration.

A petitioner does not need to show that physical harm is imminent to obtain an
extension or a subsequent order under this subdivision.

new text begin (b) If the court extends relief in an existing order for protection or grants a new
order, the court may order the respondent to provide the following information to the
court for purposes of service of process: the respondent's home address, the respondent's
employment address, and the names and locations of the respondent's parents, siblings,
children, or other close relatives.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:

Subdivision 1.

Competency of witnesses.

Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:

(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.

(b) An attorney cannot, without the consent of the attorney's client, be examined as
to any communication made by the client to the attorney or the attorney's advice given
thereon in the course of professional duty; nor can any employee of the attorney be
examined as to the communication or advice, without the client's consent.

(c) A member of the clergy or other minister of any religion shall not, without the
consent of the party making the confession, be allowed to disclose a confession made to
the member of the clergy or other minister in a professional character, in the course of
discipline enjoined by the rules or practice of the religious body to which the member of
the clergy or other minister belongs; nor shall a member of the clergy or other minister of
any religion be examined as to any communication made to the member of the clergy or
other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
given thereon in the course of the member of the clergy's or other minister's professional
character, without the consent of the person.

(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
consent of the patient, be allowed to disclose any information or any opinion based thereon
which the professional acquired in attending the patient in a professional capacity, and
which was necessary to enable the professional to act in that capacity; after the decease
of the patient, in an action to recover insurance benefits, where the insurance has been
in existence two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this privilege, and no
oral or written waiver of the privilege shall have any binding force or effect except when
made upon the trial or examination where the evidence is offered or received.

(e) A public officer shall not be allowed to disclose communications made to the
officer in official confidence when the public interest would suffer by the disclosure.

(f) Persons of unsound mind and persons intoxicated at the time of their production
for examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.

(g) A registered nurse, psychologist, consulting psychologist, or licensed social
worker engaged in a psychological or social assessment or treatment of an individual
at the individual's request shall not, without the consent of the professional's client, be
allowed to disclose any information or opinion based thereon which the professional has
acquired in attending the client in a professional capacity, and which was necessary to
enable the professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and 626.557.

(h) An interpreter for a person disabled in communication shall not, without the
consent of the person, be allowed to disclose any communication if the communication
would, if the interpreter were not present, be privileged. For purposes of this section, a
"person disabled in communication" means a person who, because of a hearing, speech
or other communication disorder, or because of the inability to speak or comprehend the
English language, is unable to understand the proceedings in which the person is required
to participate. The presence of an interpreter as an aid to communication does not destroy
an otherwise existing privilege.

(i) Licensed chemical dependency counselors shall not disclose information or
an opinion based on the information which they acquire from persons consulting them
in their professional capacities, and which was necessary to enable them to act in that
capacity, except that they may do so:

(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in clear and
imminent danger to the client or others;

(2) when the communications reveal the contemplation or ongoing commission
of a crime; or

(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.

(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living
in the same household. This exception may be waived by express consent to disclosure
by a parent entitled to claim the privilege or by the child who made the communication
or by failure of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one spouse
against the other or by a parent or child against the other, nor to a proceeding to commit
either the child or parent to whom the communication was made or to place the person or
property or either under the control of another because of an alleged mental or physical
condition, nor to a criminal action or proceeding in which the parent is charged with a
crime committed against the person or property of the communicating child, the parent's
spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of a parent
or a child of a parent, nor to an action or proceeding for termination of parental rights,
nor any other action or proceeding on a petition alleging child abuse, child neglect,
abandonment or nonsupport by a parent.

(k) Sexual assault counselors may not be deleted text begin compelled to testify about deleted text end new text begin allowed to
disclose new text end any opinion or information received from or about the victim without the consent
of the victim. However, a counselor may be compelled to identify or disclose information
in investigations or proceedings related to neglect or termination of parental rights if the
court determines good cause exists. In determining whether to compel disclosure, the
court shall weigh the public interest and need for disclosure against the effect on the
victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing
in this clause exempts sexual assault counselors from compliance with the provisions
of sections 626.556 and 626.557.

"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction
of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
or assistance to victims of sexual assault.

(l) A person cannot be examined as to any communication or document, including
worknotes, made or used in the course of or because of mediation pursuant to an
agreement to mediate. This does not apply to the parties in the dispute in an application
to a court by a party to have a mediated settlement agreement set aside or reformed.
A communication or document otherwise not privileged does not become privileged
because of this paragraph. This paragraph is not intended to limit the privilege accorded
to communication during mediation by the common law.

(m) A child under ten years of age is a competent witness unless the court finds that
the child lacks the capacity to remember or to relate truthfully facts respecting which the
child is examined. A child describing any act or event may use language appropriate for
a child of that age.

(n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication
assistant for the purpose of relaying.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:

Subd. 5.

Restraining order.

(a) The court may grant a restraining order ordering
the respondent to cease or avoid the harassment of another person or to have no contact
with that person if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition;
except that if the respondent is an organization, the order may be issued against and apply
to all of the members of the organization. Relief granted by the restraining order must be
for a fixed period of not more than two years. When a referee presides at the hearing on
the petition, the restraining order becomes effective upon the referee's signature.

new text begin If the petitioner has had one or more restraining orders in effect against the
respondent, the court may order the respondent to provide the following information to the
court for purposes of service of process: the respondent's home address, the respondent's
employment address, and the names and locations of the respondent's parents, siblings,
children, or other close relatives.
new text end

(b) An order issued under this subdivision must be personally served upon the
respondent. new text begin If personal service cannot be made, the court may order service by alternate
means, or by publication, which publication must be made as in other actions. The
application for alternate service must include the last known location of the respondent;
the petitioner's most recent contacts with the respondent; the last known location of the
respondent's employment; the names and locations of the respondent's parents, siblings,
children, and other close relatives; the names and locations of other persons who are likely
to know the respondent's whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has been unknown,
the likelihood that the respondent's location will become known, the nature of the relief
sought, and the nature of efforts made to locate the respondent. The court shall order
service by first class mail, forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be forwarded or communicated to the
respondent. The court may also order publication, within or without the state, but only if it
might reasonably succeed in notifying the respondent of the proceeding. Service shall be
deemed complete 14 days after mailing or 14 days after court-ordered publication.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:

Subd. 2.

Victim's spouse or next of kin.

An employer must allow a victim of a
deleted text begin heinous deleted text end new text begin violent new text end crime, as well as the victim's spouse or next of kin, reasonable time off
from work to attend criminal proceedings related to the victim's case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, deleted text begin "heinous crime" deleted text end new text begin "violent crime" new text end means new text begin
a violation or attempt to violate any of the following new text end : new text begin section 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2241; 609.2242;
609.2245; 609.2247; 609.228; 609.23; 609.231; 609.2325; 609.233; 609.235; 609.24;
609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665;
609.267; 609.2671; 609.2672; 609.268; 609.282; 609.342; 609.343; 609.344; 609.345;
609.3451; 609.3453; 609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582,
subdivision 1, paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
new text end

deleted text begin (1) a violation or attempted violation of section or ;
deleted text end

deleted text begin (2) a violation of section or ; or
deleted text end

deleted text begin (3) a violation of section , , or , if the offense was committed
with force or violence or if the complainant was a minor at the time of the offense.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 9.

new text begin [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL
CONDUCT COMPLAINTS; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Polygraph prohibition. new text end

new text begin No law enforcement agency or prosecutor
shall require that a complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of or a condition to proceeding with the investigation, charging,
or prosecution of such offense.
new text end

new text begin Subd. 2. new text end

new text begin Law enforcement inquiry. new text end

new text begin A law enforcement agency or prosecutor may
not ask that a complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of the investigation, charging, or prosecution of such offense unless
the complainant has been referred to, and had the opportunity to exercise the option of
consulting with a sexual assault counselor as defined in section 595.02, subdivision 1,
paragraph (k).
new text end

new text begin Subd. 3. new text end

new text begin Informed consent requirement. new text end

new text begin At the request of the complainant, a law
enforcement agency may conduct a polygraph examination of the complainant only with
the complainant's written, informed consent as provided in this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Informed consent. new text end

new text begin To consent to a polygraph, a complainant must be
informed in writing that:
new text end

new text begin (1) the taking of the polygraph examination is voluntary and solely at the victim's
request;
new text end

new text begin (2) a law enforcement agency or prosecutor may not ask or require that the
complainant submit to a polygraph examination;
new text end

new text begin (3) the results of the examination are not admissible in court; and
new text end

new text begin (4) the complainant's refusal to take a polygraph examination may not be used
as a basis by the law enforcement agency or prosecutor not to investigate, charge, or
prosecute the offender.
new text end

new text begin Subd. 5. new text end

new text begin Polygraph refusal. new text end

new text begin A complainant's refusal to submit to a polygraph
examination shall not prevent the investigation, charging, or prosecution of the offense.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3451.
new text end

new text begin (b) "Complainant" means a person reporting to have been subjected to criminal
sexual conduct.
new text end

new text begin (c) "Polygraph examination" means any mechanical or electrical instrument or
device of any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 10.

Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:

Subdivision 1.

Grants authorized.

The deleted text begin Crime Victim and Witness Advisory
Council deleted text end new text begin commissioner of public safety new text end shall make grants to prosecutors and victim
assistance programs for the purpose of providing emergency assistance to victims. As
used in this section, "emergency assistance" includes but is not limited to:

(1) replacement of necessary property that was lost, damaged, or stolen as a result
of the crime;

(2) purchase and installation of necessary home security devices;

(3) transportation to locations related to the victim's needs as a victim, such as
medical facilities and facilities of the criminal justice system;

(4) cleanup of the crime scene; deleted text begin and
deleted text end

(5) reimbursement for reasonable travel and living expenses the victim incurred to
attend court proceedings that were held at a location other than the place where the crime
occurred due to a change of venue new text begin ; and
new text end

new text begin (6) reimbursement of towing and storage fees incurred due to impoundment of a
recovered stolen vehicle new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 11.

Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:

Subd. 2.

Application for grants.

new text begin (a) new text end A city or county attorney's office or victim
assistance program may apply to the deleted text begin council deleted text end new text begin commissioner of public safety new text end for a grant
for any of the purposes described in subdivision 1 or for any other emergency assistance
purpose approved by the deleted text begin council deleted text end new text begin commissioner new text end . The application must be on forms and
pursuant to procedures developed by the deleted text begin council deleted text end new text begin commissioner new text end . The application must
describe the type or types of intended emergency assistance, estimate the amount of
money required, and include any other information deemed necessary by the deleted text begin council deleted text end new text begin
commissioner new text end .

new text begin (b) A city or county attorney's office or victim assistance program that applies for a
grant for the purpose described in subdivision 1, clause (6), must make the application
on a separate form and pursuant to procedures developed by the commissioner. The
application must estimate the amount of money required for reimbursement costs, estimate
the amount of money required for administrative costs, and include any other information
deemed necessary by the commissioner. An applicant may not spend in any fiscal year
more than five percent of the grant awarded for administrative costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 12.

Minnesota Statutes 2006, section 611A.675, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Awards; limitations. new text end

new text begin (a) No award may be granted under subdivision
1, clause (6), to a victim that fails to provide proof of insurance stating that security
had been provided for the vehicle at the time the vehicle was stolen. As used in this
paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision
1, paragraph (g).
new text end

new text begin (b) An award paid to a victim under subdivision 1, clause (6), shall compensate the
victim for actual costs incurred but shall not exceed $300.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 13.

Minnesota Statutes 2006, section 611A.675, subdivision 3, is amended to read:

Subd. 3.

Reporting by local agencies required.

A city or county attorney's office
or victim assistance program that receives a grant under this section shall file an annual
report with the deleted text begin council deleted text end new text begin commissioner of public safety new text end itemizing the expenditures made
during the preceding year, the purpose of those expenditures, and the ultimate disposition,
if any, of each assisted victim's criminal case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 14.

Minnesota Statutes 2006, section 611A.675, subdivision 4, is amended to read:

Subd. 4.

Report to legislature.

deleted text begin On or before February 1, 1999, the council shall
report to the chairs of the senate Crime Prevention and house of representatives Judiciary
Committees on the implementation, use, and administration of the grant program created
under this section. deleted text end new text begin By February 1, 2008, the commissioner of public safety shall report to
the chairs and ranking members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding on the implementation, use, and
administration of the grant programs created under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 15. new text begin PHOTOGRAPH AND NO CONTACT ORDERS.
new text end

new text begin The state court administrator shall convene a multidisciplinary implementation work
group to study the attachment of photographs to criminal no contact orders and report their
recommendations to the appropriate committees of the house of representatives and senate
in charge of criminal justice policy by June 30, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 5

COURTS AND PUBLIC DEFENDERS

Section 1.

Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the state is divided into ten
judicial districts composed of the following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; deleted text begin 33 deleted text end new text begin 36 new text end judges;
and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief judge
of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
Mower, and Fillmore; deleted text begin 23 deleted text end new text begin 24 new text end judges; and permanent chambers shall be maintained in
Faribault, Albert Lea, Austin, Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
and Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and Wadena; 27 judges; and permanent chambers shall be maintained in Moorhead,
Fergus Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
chambers shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; deleted text begin 22 deleted text end new text begin 23 new text end judges; and permanent chambers shall be maintained in Crookston,
Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; deleted text begin 43 deleted text end
new text begin 44 new text end judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section and section 3.736 the terms
defined in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts,
and officers in the executive, legislative, and judicial branches of the state of Minnesota
and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
Higher Education, the Higher Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
Range Resources and Rehabilitation Board, the State Agricultural Society, the University
of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
penal institutions. It does not include a city, town, county, school district, or other local
governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors,
or employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or persons acting on behalf of the state
in an official capacity, temporarily or permanently, with or without compensation. It does
not include either an independent contractor new text begin except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment, new text end or members of the
Minnesota National Guard while engaged in training or duty under United States Code,
title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district public defender or assistant
district public defender in the Second or Fourth Judicial District and a member of the
Health Technology Advisory Committee.

(3) "Scope of office or employment" means that the employee was acting on behalf
of the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:

Subdivision 1.

General rule.

The state will pay compensation for injury to or loss
of property or personal injury or death caused by an act or omission of an employee of
the state while acting within the scope of office or employment or a peace officer who is
not acting on behalf of a private employer and who is acting in good faith under section
629.40, subdivision 4, under circumstances where the state, if a private person, would be
liable to the claimant, whether arising out of a governmental or proprietary function.
Nothing in this section waives the defense of judicial new text begin , quasi-judicial, new text end or legislative
immunity except to the extent provided in subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:

Subd. 4.

Ranges for other judicial positions.

Salaries or salary ranges are provided
for the following positions in the judicial branch of government. The appointing authority
of any position for which a salary range has been provided shall fix the individual salary
within the prescribed range, considering the qualifications and overall performance of the
employee. deleted text begin The Supreme Court shall set the salary of the state court administrator and the
salaries of district court administrators. The salary of the state court administrator or a
district court administrator may not exceed the salary of a district court judge. deleted text end If district
court administrators die, the amounts of their unpaid salaries for the months in which
their deaths occur must be paid to their estates. The salary of the state public defender
shall be fixed by the State Board of Public Defense but must not exceed the salary of a
district court judge.

	Salary or Range
	Effective
	July 1, 1994
Board on Judicial Standards executive director	$44,000-60,000

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

new text begin [72A.329] DIRECT LIABILITY OF INSURER.
new text end

new text begin Any bond or policy of insurance covering liability to others for negligence makes
the insurer liable, up to the amounts stated in the bond or policy, to the persons entitled to
recover against the insured for the death of any person or for injury to persons or property,
irrespective of whether the liability is presently established or is contingent and to become
fixed or certain by final judgment against the insured.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to bonds
or policies of insurance issued, renewed, or in place on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:

Subd. 6.

Termination of jurisdiction.

The court may dismiss the petition or
otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
interested party at any time. Unless terminated by the court, and except as otherwise
provided in this subdivision, the jurisdiction of the court shall continue until the individual
becomes 19 years of age if the court determines it is in the best interest of the individual
to do so. deleted text begin Court jurisdiction under section 260C.007, subdivision 6, clause (14), may
not continue past the child's 18th birthday. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 270A.03, subdivision 5, is amended to read:

Subd. 5.

Debt.

"Debt" means a legal obligation of a natural person to pay a fixed
and certain amount of money, which equals or exceeds $25 and which is due and payable
to a claimant agency. The term includes criminal fines imposed under section 609.10 or
609.125, fines imposed for petty misdemeanors as defined in section 609.02, subdivision
4a, and restitution. deleted text begin The term also includes the co-payment for the appointment of a district
public defender imposed under section 611.17, paragraph (c). deleted text end A debt may arise under a
contractual or statutory obligation, a court order, or other legal obligation, but need not
have been reduced to judgment.

A debt includes any legal obligation of a current recipient of assistance which is
based on overpayment of an assistance grant where that payment is based on a client
waiver or an administrative or judicial finding of an intentional program violation;
or where the debt is owed to a program wherein the debtor is not a client at the time
notification is provided to initiate recovery under this chapter and the debtor is not a
current recipient of food support, transitional child care, or transitional medical assistance.

A debt does not include any legal obligation to pay a claimant agency for medical
care, including hospitalization if the income of the debtor at the time when the medical
care was rendered does not exceed the following amount:

(1) for an unmarried debtor, an income of $8,800 or less;

(2) for a debtor with one dependent, an income of $11,270 or less;

(3) for a debtor with two dependents, an income of $13,330 or less;

(4) for a debtor with three dependents, an income of $15,120 or less;

(5) for a debtor with four dependents, an income of $15,950 or less; and

(6) for a debtor with five or more dependents, an income of $16,630 or less.

The income amounts in this subdivision shall be adjusted for inflation for debts
incurred in calendar years 2001 and thereafter. The dollar amount of each income level
that applied to debts incurred in the prior year shall be increased in the same manner
as provided in section 1(f) of the Internal Revenue Code of 1986, as amended through
December 31, 2000, except that for the purposes of this subdivision the percentage increase
shall be determined from the year starting September 1, 1999, and ending August 31, 2000,
as the base year for adjusting for inflation for debts incurred after December 31, 2000.

Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the
dollar amount of the premium authorized under section 256L.15, subdivision 1a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 302A.781, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Other claims preserved. new text end

new text begin In addition to the claims in subdivision 4, all
other statutory and common law rights of persons who may bring claims of injury to a
person, including death, are not affected by dissolution under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:

Subdivision 1.

Coverage.

(a) Employees enumerated in paragraph (c), clauses (2),
(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan
Council and are eligible for coverage under the general state employees retirement plan
under chapter 352, are participants in the unclassified plan under this chapter unless the
employee gives notice to the executive director of the Minnesota State Retirement System
within one year following the commencement of employment in the unclassified service
that the employee desires coverage under the general state employees retirement plan.
For the purposes of this chapter, an employee who does not file notice with the executive
director is deemed to have exercised the option to participate in the unclassified plan.

(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement
plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
program under this chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.

(c) Enumerated employees and referenced persons are:

(1) the governor, the lieutenant governor, the secretary of state, the state auditor,
and the attorney general;

(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;

(3) an employee of the State Board of Investment;

(4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;

(5) a member of the legislature;

(6) a full-time unclassified employee of the legislature or a commission or agency of
the legislature who is appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible for coverage
under the Minnesota State Retirement System;

(7) a person who is employed in a position established under section 43A.08,
subdivision 1, clause (3), or in a position authorized under a statute creating or establishing
a department or agency of the state, which is at the deputy or assistant head of department
or agency or director level;

(8) the regional administrator, or executive director of the Metropolitan Council,
general counsel, division directors, operations managers, and other positions as designated
by the council, all of which may not exceed 27 positions at the council and the chair;

(9) the executive director, associate executive director, and not to exceed nine
positions of the Minnesota Office of Higher Education in the unclassified service, as
designated by the Minnesota Office of Higher Education before January 1, 1992, or
subsequently redesignated with the approval of the board of directors of the Minnesota
State Retirement System, unless the person has elected coverage by the individual
retirement account plan under chapter 354B;

(10) the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesota new text begin , the state court administrator and judicial district
administrators new text end ;

(11) the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;

(12) an employee whose principal employment is at the state ceremonial house;

(13) an employee of the Minnesota Educational Computing Corporation;

(14) an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3; and

(15) a judge who has exceeded the service credit limit in section 490.121,
subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 10.

new text begin [357.42] DRUG COURT FEES.
new text end

new text begin (a) When a court establishes a drug court process, the court may establish one or
more fees for services provided to defendants participating in the process.
new text end

new text begin (b) In each fiscal year, the court shall deposit the drug court participation fees in
the special revenue fund and credit the fees to a separate account for the trial courts.
The balance in this account is appropriated to the trial courts and does not cancel but is
available until expended. Expenditures from this account must be made for drug court
purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 11.

Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:

Subd. 2.

Expense payments.

A judge shall be paid travel and subsistence expenses
for travel from the judge's place of residence to and from the judge's permanent chambers
only for a period of two years deleted text begin after July 1, 1977, or the date the judge initially assumes
office, whichever is later deleted text end new text begin as provided by Judicial Council policy new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 12.

Minnesota Statutes 2006, section 484.83, is amended to read:

484.83 REINSTATEMENT OF FORFEITED SUMS.

new text begin Subdivision 1. new text end

new text begin Abandonment of fees. new text end

new text begin All sums deposited with the court
administrator to cover fees shall be deemed abandoned if the fees are not disbursed or
the services covered by the fees are not performed and the person entitled to refund of
the fees does not file a written demand for refund with the court administrator within
six months from the date of trial, dismissal, or striking of the cause as to jury fees and
from the date of deposit as to other fees.
new text end

new text begin Subd. 2. new text end

new text begin Bail forfeitures. new text end

new text begin Any bail not forfeited by court order shall be deemed
abandoned and forfeited if the person entitled to refund does not file a written demand
for refund with the court administrator within six months from the date when the person
became entitled to the refund.
new text end

new text begin Subd. 3. new text end

new text begin Reinstated forfeited sums. new text end

A district court judge may order any sums
forfeited to be reinstated and the commissioner of finance shall then refund accordingly.
The commissioner of finance shall reimburse the court administrator if the court
administrator refunds the deposit upon a judge's order and obtains a receipt to be used
as a voucher.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 13.

new text begin [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Abandonment of deposits and bail. new text end

new text begin (a) Any bail deposited with the
court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
court order shall be deemed abandoned and forfeited if the person entitled to refund does
not file a written demand for refund with the court administrator within six months from
the date when the person became entitled to the refund.
new text end

new text begin (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
for cause and the court administrator shall then refund accordingly. The receipting
municipality or subdivision of government shall reimburse the court administrator if the
court administrator refunds the deposit upon such an order and obtains a receipt to be
used as a voucher.
new text end

new text begin Subd. 2. new text end

new text begin Disposition of forfeited sums. new text end

new text begin All sums collected on any bail, bond, or
recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
support of the law library of the county. The receipt of the county treasurer to the court
administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
during any calendar year equal $2,500, all sums in excess of that amount shall be paid
to the municipality or subdivision of government in which the violation occurred. The
payments shall be made periodically but not before six months from the date of the order
for forfeiture. During that six-month period, but not thereafter, any judge may set aside
the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
forfeited exists unless the forfeiture is not set aside within the six-month period. For the
purpose of determining when the $2,500 shall have accrued to the county law library, the
final forfeiture shall be deemed to occur at the end of the six-month period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 14.

Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:

Subdivision 1.

Summons and writ.

(a) The new text begin state court administrator shall develop a
uniform form for the new text end summons and writ of recovery of premises and order to vacate
deleted text begin may be substantially in the forms in paragraphs (b) and (c) deleted text end .

deleted text begin (b)
deleted text end

deleted text begin FORM OF SUMMONS
deleted text end

deleted text begin State of Minnesota . ) deleted text end
deleted text begin ) deleted text end	deleted text begin ss. deleted text end
deleted text begin County of . ) deleted text end

deleted text begin Whereas, ..............., of ..........., has filed with the undersigned, a judge of county
stated, a complaint against ..............., of .........., a copy of which is attached: You
are hereby summoned to appear before the undersigned on the .......... day of ..........,
year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint
and to further be dealt with according to law.
deleted text end

	deleted text begin Dated at ........, this ........ day of ........, year ...... deleted text end
	deleted text begin . , . deleted text end
	deleted text begin Judge of . court. . deleted text end

deleted text begin (c)
deleted text end

deleted text begin FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
deleted text end

deleted text begin State of Minnesota . ) deleted text end
deleted text begin ) deleted text end	deleted text begin ss. deleted text end
deleted text begin County of . ) deleted text end

deleted text begin The State of Minnesota, to the Sheriff of the County:
deleted text end

deleted text begin Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held
at ..............., in the county of ....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a judgment against ...............,
the ..............., to have recovery of the following premises (describe here the property
as in the complaint): ..................
deleted text end

deleted text begin Therefore, you are commanded that, taking with you the force of the county, if
necessary, you cause ................. to be immediately removed from the premises, and the
plaintiff to recover the premises. You are also commanded that from the personal property
of ........................ within the county that you seize and sell, the plaintiff be paid ............ .
dollars, as the costs assessed against the defendant, together with 25 cents for this writ.
You are ordered to return this writ within 30 days.
deleted text end

	deleted text begin Dated at ....., this ..... day of ....., year .... deleted text end
	deleted text begin . , . deleted text end
	deleted text begin Judge of . court. . deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 15.

Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:

Subdivision 1.

Permissive appointment of guardian ad litem.

In all proceedings
for child custody or for dissolution or legal separation where custody or parenting time
with a minor child is in issue, the court may appoint a guardian ad litem from a panel
established by the court to represent the interests of the child. The guardian ad litem shall
advise the court with respect to custody deleted text begin , support, deleted text end and parenting time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 16.

Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:

Subd. 2.

Required appointment of guardian ad litem.

In all proceedings for child
custody or for marriage dissolution or legal separation in which custody or parenting time
with a minor child is an issue, if the court has reason to believe that the minor child is a
victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian
ad litem shall represent the interests of the child and advise the court with respect to
custody deleted text begin , support, deleted text end and parenting time. If the child is represented by a guardian ad litem in
any other pending proceeding, the court may appoint that guardian to represent the child
in the custody or parenting time proceeding. No guardian ad litem need be appointed if
the alleged domestic child abuse or neglect is before the court on a juvenile dependency
and neglect petition. Nothing in this subdivision requires the court to appoint a guardian
ad litem in any proceeding for child custody, marriage dissolution, or legal separation in
which an allegation of domestic child abuse or neglect has not been made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 17.

Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:

Subd. 3.

Income cap on determining basic support.

(a) The basic support
obligation for parents with a combined parental income for determining child support in
excess of the income limit deleted text begin currently in effect deleted text end under subdivision 2 must be the same dollar
amount as provided for the parties with a combined parental income for determining child
support equal to the income deleted text begin in effect deleted text end new text begin limit new text end under subdivision 2.

(b) A court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability
or other substantial, demonstrated need for the additional support for those reasons set
forth in section 518A.43 and that the additional support will directly benefit the child.

deleted text begin (c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court must
select the index for the adjustment from the indices listed in section , subdivision
1. The state court administrator must make the changes in the dollar amounts required
by this paragraph available to courts and the public on or before April 30 of the year in
which the amount is to change.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 18.

new text begin [540.19] NEGLIGENCE ACTIONS; INSURERS.
new text end

new text begin Subdivision 1. new text end

new text begin Direct action. new text end

new text begin In any action for damages caused by negligence,
any insurer which:
new text end

new text begin (1) has an interest in the outcome of the controversy adverse to the plaintiff or any
of the parties to the controversy;
new text end

new text begin (2) by its policy of insurance assumes or reserves the right to control the prosecution,
defense, or settlement of the claim or action; or
new text end

new text begin (3) by its policy agrees to prosecute or defend the action brought by plaintiff or any
of the parties to the action, or agrees to engage counsel to prosecute or defend the action
or agrees to pay the costs of the litigation,
new text end

new text begin is by this section made a proper party defendant in any action brought by plaintiff in this
state on account of any claim against the insured. If the policy of insurance was issued
or delivered outside this state, the insurer is by this subdivision made a proper party
defendant only if the accident, injury, or negligence occurred in this state.
new text end

new text begin Subd. 2. new text end

new text begin Other parties; impleading. new text end

new text begin If an insurer is made a party defendant
pursuant to this section and it appears at any time before or during the trial that there is or
may be a cross issue between the insurer and the insured or any issue between any other
person and the insurer involving the question of the insurer's liability if judgment should
be rendered against the insured, the court may, upon motion of any defendant in the action,
cause the person who may be liable upon such cross issue to be made a party defendant
to the action and all the issues involved in the controversy determined in the trial of the
action or any third party may be impleaded. Nothing in this subdivision prohibits the trial
court from directing and conducting separate trials on the issue of liability to the plaintiff
or other party seeking affirmative relief and on the issue of whether the insurance policy in
question affords coverage. Any party may move for separate trials. If the court orders
separate trials, the court shall specify in its order the sequence in which the trials are to
be conducted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to
actions commenced on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2006, section 549.09, subdivision 1, is amended to read:

Subdivision 1.

When owed; rate.

(a) When a judgment or award is for the recovery
of money, including a judgment for the recovery of taxes, interest from the time of
the verdict, award, or report until judgment is finally entered shall be computed by the
court administrator or arbitrator as provided in paragraph (c) and added to the judgment
or award.

(b) Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest on pecuniary damages shall be computed as provided
in paragraph (c) from the time of the commencement of the action or a demand for
arbitration, or the time of a written notice of claim, whichever occurs first, except as
provided herein. The action must be commenced within two years of a written notice of
claim for interest to begin to accrue from the time of the notice of claim. If either party
serves a written offer of settlement, the other party may serve a written acceptance or a
written counteroffer within 30 days. After that time, interest on the judgment or award
shall be calculated by the judge or arbitrator in the following manner. The prevailing
party shall receive interest on any judgment or award from the time of commencement
of the action or a demand for arbitration, or the time of a written notice of claim, or as
to special damages from the time when special damages were incurred, if later, until the
time of verdict, award, or report only if the amount of its offer is closer to the judgment or
award than the amount of the opposing party's offer. If the amount of the losing party's
offer was closer to the judgment or award than the prevailing party's offer, the prevailing
party shall receive interest only on the amount of the settlement offer or the judgment or
award, whichever is less, and only from the time of commencement of the action or a
demand for arbitration, or the time of a written notice of claim, or as to special damages
from when the special damages were incurred, if later, until the time the settlement offer
was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
and counteroffers. For the purposes of clause (2), the amount of settlement offer must
be allocated between past and future damages in the same proportion as determined by
the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in workers' compensation cases, but not including
third-party actions;

(2) judgments or awards for future damages;

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

(4) judgments or awards not in excess of the amount specified in section 491A.01;
and

(5) that portion of any verdict, award, or report which is founded upon interest, or
costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.

(c) The interest shall be computed as simple interest per annum. The rate of interest
shall be based on the secondary market yield of one year United States Treasury bills,
calculated on a bank discount basis as provided in this section.

On or before the 20th day of December of each year the state court administrator
shall determine the rate from the one-year constant maturity treasury yield for the most
recent calendar month, reported on a monthly basis in the latest statistical release of the
board of governors of the Federal Reserve System. This yield, rounded to the nearest one
percent, or deleted text begin four deleted text end new text begin ten new text end percent, whichever is greater, shall be the annual interest rate during
the succeeding calendar year. The state court administrator shall communicate the interest
rates to the court administrators and sheriffs for use in computing the interest on verdicts
and shall make the interest rates available to arbitrators.

When a judgment creditor, or the judgment creditor's attorney or agent, has received
a payment after entry of judgment, whether the payment is made voluntarily by or on
behalf of the judgment debtor, or is collected by legal process other than execution levy
where a proper return has been filed with the court administrator, the judgment creditor,
or the judgment creditor's attorney, before applying to the court administrator for an
execution shall file with the court administrator an affidavit of partial satisfaction. The
affidavit must state the dates and amounts of payments made upon the judgment after the
most recent affidavit of partial satisfaction filed, if any; the part of each payment that
is applied to taxable disbursements and to accrued interest and to the unpaid principal
balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
application of each payment.

(d) This section does not apply to arbitrations between employers and employees
under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
awarding interest under chapter 179 or under section 179A.16 for essential employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 20.

Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Copy costs. new text end

new text begin The court administrator shall provide a person who is
proceeding in forma pauperis with copies of the person's court file without charge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 21.

Minnesota Statutes 2006, section 590.05, is amended to read:

590.05 INDIGENT PETITIONERS.

A person financially unable to obtain counsel who desires to pursue the remedy
provided in section 590.01 may apply for representation by the state public defender.
The state public defender shall represent such person under the applicable provisions
of sections 611.14 to 611.27, if the person has not already had a direct appeal of the
conviction. deleted text begin If, however, the person pled guilty and received a presumptive sentence or a
downward departure in sentence, and the state public defender reviewed the person's case
and determined that there was no basis for an appeal of the conviction or of the sentence,
then the state public defender may decline to represent the person in a postconviction
remedy case. deleted text end The state public defender may represent, without charge, all other persons
pursuing a postconviction remedy under section 590.01, who are financially unable
to obtain counsel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 22.

new text begin [604.18] GOOD FAITH INSURANCE PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Required conduct. new text end

new text begin (a) An insurer shall act in good faith in
connection with any matter involving a claim under an insurance policy.
new text end

new text begin (b) An insurer does not act in good faith if the insurer delays or denies benefits
offered or paid without an objectively reasonable basis for its offer, delay, or denial. An
insurer also does not act in good faith if the insurer engages in any fraud, false pretense,
false promise, misrepresentation, misleading statement, or deceptive practice that others
rely on in connection with any matter involving a claim under an insurance policy.
new text end

new text begin (c) For purposes of this section:
new text end

new text begin (1) "insurance policy" means an insurance policy or contract issued, executed,
renewed, maintained, or delivered in this state, other than a workers' compensation
insurance policy or contract or other policy or contract of a health carrier as defined in
section 62A.011; and
new text end

new text begin (2) "insurer" means an insurance company: (i) incorporated or organized in this
state; or (ii) admitted to do business in this state but not incorporated or organized in
this state. The term does not include a political subdivision providing self-insurance or
establishing a pool under section 471.981, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Penalties and remedies. new text end

new text begin A person violating subdivision 1 is acting against
the public interest and is liable to the injured party for costs, damages, and reasonable
attorney fees.
new text end

new text begin Subd. 3. new text end

new text begin Insurance producers; liability limited. new text end

new text begin A licensed insurance producer
is not liable under this section for errors, acts, or omissions attributed to the insurer that
appointed the producer to transact business on its behalf, except to the extent the producer
has caused or contributed to the error, act, or omission.
new text end

new text begin Subd. 4. new text end

new text begin Report to commissioner. new text end

new text begin An insurer shall promptly report to the
commissioner of commerce the date and disposition of every settlement and award against
the insurer for a violation of subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to causes
of action commenced or pending on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:

Subd. 8.

Fine and surcharge collection.

new text begin (a) new text end A defendant's obligation to pay
court-ordered fines, surcharges, court costs, new text begin restitution, new text end and fees shall survive for a period
of six years from the date of the expiration of the defendant's stayed sentence for the
offense for which the fines, surcharges, court costs, new text begin restitution, new text end and fees were imposed, or
six years from the imposition or due date of the fines, surcharges, court costs, new text begin restitution, new text end
and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's
stay of sentence imposition or execution.

new text begin (b) The six-year period relating to a defendant's obligation to pay restitution under
paragraph (a) does not limit the victim's right to collect restitution through other means
such as a civil judgment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 24.

Minnesota Statutes 2006, section 611.14, is amended to read:

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

The following persons who are financially unable to obtain counsel are entitled to be
represented by a public defender:

(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
person charged under sections 629.01 to 629.29;

(2) a person appealing from a conviction of a felony or gross misdemeanor, or
a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
proceeding and who has not already had a direct appeal of the conviction deleted text begin , but if the person
pled guilty and received a presumptive sentence or a downward departure in sentence,
and the state public defender reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then the state public defender may
decline to represent the person in a postconviction remedy case deleted text end ;

(3) a person who is entitled to be represented by counsel under section 609.14,
subdivision 2; or

(4) a minor ten years of age or older who is entitled to be represented by counsel
under section 260B.163, subdivision 4, or 260C.163, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 25.

Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:

Subd. 6.

Reimbursement schedule guidelines.

In determining a defendant's
reimbursement schedule, the court may derive a specific dollar amount per month
by multiplying the defendant's net income by the percent indicated by the following
guidelines:

Net Income Per Month of Defendant		Number of Dependents Not Including Defendant
		4 or more		3		2		1		0
$200 and Below		Percentage based on the ability of the defendant to pay as determined by the court.
$200 - 350		8%		9.5%		11%		12.5%		14%
$351 - 500		9%		11%		12.5%		14%		15%
$501 - 650		10%		12%		14%		15%		17%
$651 - 800		11%		13.5%		15.5%		17%		19%
$801 and above		12%		14.5%		17%		19%		20%

deleted text begin "Net income" shall have the meaning given it in section 518.551, subdivision 5.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 26.

Minnesota Statutes 2006, section 611.215, subdivision 1, is amended to read:

Subdivision 1.

Structure; membership.

(a) The State Board of Public Defense
is a part of, but is not subject to the administrative control of, the judicial branch of
government. The State Board of Public Defense shall consist of seven members including:

(1) four attorneys admitted to the practice of law, well acquainted with the defense
of persons accused of crime, but not employed as prosecutors, appointed by the Supreme
Court; and

(2) three public members appointed by the governor.

deleted text begin After the expiration of the terms of persons appointed to the board before March
1, 1991, deleted text end The appointing authorities may not appoint a person who is a judge to be a
member of the State Board of Public Defense, other than as a member of the ad hoc
Board of Public Defense.

(b) All members shall demonstrate an interest in maintaining a high quality,
independent defense system for those who are unable to obtain adequate representation.
Appointments to the board shall include qualified women and members of minority
groups. At least three members of the board shall be from judicial districts other than the
First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal
of members shall be as provided in section 15.0575. The chair shall be elected by the
members from among the membership for a term of two years.

(c) In addition, the State Board of Public Defense shall consist of a nine-member ad
hoc board when considering the appointment of district public defenders under section
611.26, subdivision 2. The terms of chief district public defenders currently serving shall
terminate in accordance with the staggered term schedule set forth in section 611.26,
subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 27.

Minnesota Statutes 2006, section 611.215, subdivision 1a, is amended to read:

Subd. 1a.

Chief administrator.

The new text begin State Board of Public Defense, with the advice
of the new text end state public defender new text begin , new text end shall appoint a chief administrator who must be chosen
solely on the basis of training, experience, and other qualifications, and who will serve
at the pleasure of the deleted text begin state public defender deleted text end new text begin State Board of Public Defense new text end . The chief
administrator need not be licensed to practice law. The chief administrator shall attend all
meetings of the board, but may not vote, and shall:

(1) enforce all resolutions, rules, regulations, or orders of the board;

(2) present to the board and the state public defender plans, studies, and reports
prepared for the board's and the state public defender's purposes and recommend to the
board and the state public defender for adoption measures necessary to enforce or carry
out the powers and duties of the board and the state public defender, or to efficiently
administer the affairs of the board and the state public defender;

(3) keep the board fully advised as to its financial condition, and prepare and submit
to the board its annual budget and other financial information as it may request;

(4) recommend to the board the adoption of rules and regulations necessary for the
efficient operation of the board and its functions; and

(5) perform other duties prescribed by the board and the state public defender.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 28.

Minnesota Statutes 2006, section 611.23, is amended to read:

611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT;
SALARY.

The state public defender is responsible to the State Board of Public Defense. new text begin The
state public defender shall supervise the operation, activities, policies, and procedures
of the statewide public defender system. When requested by a district public defender
or appointed counsel, the state public defender may assist the district public defender,
appointed counsel, or an organization designated in section 611.216 in the performance
of duties, including trial representation in matters involving legal conflicts of interest or
other special circumstances, and assistance with legal research and brief preparation. new text end
The state public defender shall be appointed by the State Board of Public Defense for a
term of four years, except as otherwise provided in this section, and until a successor is
appointed and qualified. The state public defender shall be a full-time qualified attorney,
licensed to practice law in this state, serve in the unclassified service of the state, and
be removed only for cause by the appointing authority. Vacancies in the office shall be
filled by the appointing authority for the unexpired term. The salary of the state public
defender shall be fixed by the State Board of Public Defense but must not exceed the
salary of a district court judge. Terms of the state public defender shall commence on July
1. The state public defender shall devote full time to the performance of duties and shall
not engage in the general practice of law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 29.

Minnesota Statutes 2006, section 611.24, is amended to read:

611.24 new text begin CHIEF APPELLATE PUBLIC DEFENDER; new text end ORGANIZATION OF
OFFICE; ASSISTANTS.

deleted text begin The state public defender shall supervise the operation, activities, policies and
procedures of the state public defender system. The state public defender shall employ or
retain assistant state public defenders, a chief administrator, a deputy state deleted text end new text begin (a) Beginning
January 1, 2007, and for every four years after that date, the State Board of Public Defense
shall appoint a chief appellate new text end public defender in charge of appellate services, new text begin who shall
employ or retain assistant state public defenders new text end and other personnel as may be necessary
to discharge the functions of the office. new text begin The chief appellate public defender shall serve a
four-year term and may be removed only for cause upon the order of the State Board of
Public Defense. The chief appellate public defender shall be a full-time qualified attorney,
licensed to practice law in this state, and serve in the unclassified service of the state.
Vacancies in the office shall be filled by the appointing authority for the unexpired term.
new text end

new text begin (b) new text end An assistant state public defender shall be a qualified attorney, licensed to
practice law in this state, serve in the unclassified service of the state if employed, and
serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed
reasonable compensation for comparable services performed for other governmental
agencies or departments. Retained or part-time employed assistant state public defenders
may engage in the general practice of law. new text begin The compensation of the chief appellate public
defender and the compensation of each assistant state public defender shall be set by the
State Board of Public Defense. The chief appellate public defender shall devote full time
to the performance of duties and shall not engage in the general practice of law.
new text end

new text begin (c) The incumbent deputy state public defender as of December 31, 2006, shall be
appointed as the chief appellate public defender for the four-year term beginning on
January 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 30.

Minnesota Statutes 2006, section 611.25, subdivision 1, is amended to read:

Subdivision 1.

Representation.

(a) The deleted text begin state deleted text end new text begin chief appellate new text end public defender shall
represent, without charge:

(1) a defendant or other person appealing from a conviction of a felony or gross
misdemeanor;

(2) a person convicted of a felony or gross misdemeanor who is pursuing a
postconviction proceeding and who has not already had a direct appeal of the conviction deleted text begin ,
but if the person pled guilty and received a presumptive sentence or a downward departure
in sentence, and the state public defender reviewed the person's case and determined that
there was no basis for an appeal of the conviction or of the sentence, then the state public
defender may decline to represent the person in a postconviction remedy case deleted text end ; and

(3) a child who is appealing from a delinquency adjudication or from an extended
jurisdiction juvenile conviction.

(b) The deleted text begin state deleted text end new text begin chief appellate new text end public defender may represent, without charge, all other
persons pursuing a postconviction remedy under section 590.01, who are financially
unable to obtain counsel.

(c) deleted text begin The state public defender shall represent any other person, who is financially
unable to obtain counsel, when directed to do so by the Supreme Court or the Court of
Appeals, except that deleted text end The deleted text begin state deleted text end new text begin chief appellate new text end public defender shall not represent a person
in any action or proceeding in which a party is seeking a monetary judgment, recovery or
award. deleted text begin When requested by a district public defender or appointed counsel, the state public
defender may assist the district public defender, appointed counsel, or an organization
designated in section 611.216 in the performance of duties, including trial representation in
matters involving legal conflicts of interest or other special circumstances, and assistance
with legal research and brief preparation. When the state public defender is directed by a
court to represent a defendant or other person, the state public defender may assign the
representation to any district public defender. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 31.

Minnesota Statutes 2006, section 611.26, subdivision 2, is amended to read:

Subd. 2.

Appointment; terms.

The state Board of Public Defense shall appoint a
chief district public defender for each judicial district. When appointing a chief district
public defender, the state Board of Public Defense membership shall be increased to
include two residents of the district appointed by the chief judge of the district to reflect
the characteristics of the population served by the public defender in that district. The
additional members shall serve only in the capacity of selecting the district public
defender. The ad hoc state Board of Public Defense shall appoint a chief district public
defender only after requesting and giving reasonable time to receive any recommendations
from the public, the local bar association, and the judges of the district. Each chief district
public defender shall be a qualified attorney licensed to practice law in this state. The chief
district public defender shall be appointed for a term of four years, beginning January 1,
pursuant to the following staggered term schedule: (1) in deleted text begin 2000 deleted text end new text begin 2008 new text end , the second and
eighth districts; (2) in deleted text begin 2001 deleted text end new text begin 2009 new text end , the first, third, fourth, and tenth districts; (3) in deleted text begin 2002 deleted text end new text begin
2010 new text end , the fifth and ninth districts; and (4) in deleted text begin 1999 deleted text end new text begin 2011 new text end , the sixth and seventh districts.
The chief district public defenders shall serve for four-year terms and may be removed for
cause upon the order of the state Board of Public Defense. Vacancies in the office shall
be filled by the appointing authority for the unexpired term. new text begin The chief district public
defenders shall devote full time to the performance of duties and shall not engage in the
general practice of law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 32.

Minnesota Statutes 2006, section 611.26, subdivision 7, is amended to read:

Subd. 7.

Other employment.

deleted text begin Chief district public defenders and deleted text end Assistant district
public defenders may engage in the general practice of law where not employed on a
full-time basis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 33.

Minnesota Statutes 2006, section 611.27, subdivision 3, is amended to read:

Subd. 3.

Transcript use.

If the deleted text begin state deleted text end new text begin chief appellate new text end public defender or a district
public defender deems it necessary to make a motion for a new trial, to take an appeal,
or other postconviction proceedings in order to properly represent a defendant or other
person whom that public defender had been directed to represent, that public defender
may use the transcripts of the testimony and other proceedings filed with the court
administrator of the district court as provided by section 243.49.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 34.

Minnesota Statutes 2006, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Public defense services; correctional facility inmates.

All billings for
services rendered and ordered under subdivision 7 shall require the approval of the chief
district public defender before being forwarded on a monthly basis to the state public
defender. In cases where adequate representation cannot be provided by the district public
defender and where counsel has been appointed under a court order, the state public
defender shall forward to the commissioner of finance all billings for services rendered
under the court order. The commissioner shall pay for services from deleted text begin county criminal
justice aid retained by the commissioner of revenue for that purpose under section
477A.0121, subdivision 4, or from deleted text end county program aid retained by the commissioner of
revenue for that purpose under section 477A.0124, subdivision 1, clause (4), or 477A.03,
subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new
criminal charges brought against indigent inmates who are incarcerated in a Minnesota
state correctional facility are the responsibility of the state Board of Public Defense. In
such cases the state public defender may follow the procedures outlined in this section for
obtaining court-ordered counsel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 35.

Minnesota Statutes 2006, section 611.27, subdivision 15, is amended to read:

Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
deleted text begin state deleted text end new text begin appellate new text end public defender's office does not have sufficient funds to pay for transcripts
and other necessary expenses because it has spent or committed all of the transcript funds
in its annual budget, the state public defender may forward to the commissioner of finance
all billings for transcripts and other necessary expenses. The commissioner shall pay for
these transcripts and other necessary expenses from deleted text begin county criminal justice aid retained
by the commissioner of revenue under section 477A.0121, subdivision 4, or from deleted text end county
program aid retained by the commissioner of revenue for that purpose under section
477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 36.

Minnesota Statutes 2006, section 611.35, is amended to read:

611.35 REIMBURSEMENT OF deleted text begin PUBLIC DEFENDER AND APPOINTIVE deleted text end new text begin
APPOINTED new text end COUNSEL.

Subdivision 1.

Reimbursement; civil obligation.

Any person who is represented
by deleted text begin a public defender or appointive deleted text end new text begin appointed new text end counsel shall, if financially able to pay,
reimburse the governmental unit chargeable with the compensation of deleted text begin such public
defender or appointive deleted text end new text begin appointed new text end counsel for the actual costs to the governmental unit in
providing the services of the deleted text begin public defender or appointive deleted text end new text begin appointed new text end counsel. The court in
hearing such matter shall ascertain the amount of such costs to be charged to the defendant
and shall direct reimbursement over a period of not to exceed six months, unless the court
for good cause shown shall extend the period of reimbursement. If a term of probation is
imposed as a part of a sentence, reimbursement of costs as required by this chapter must
not be made a condition of probation. Reimbursement of costs as required by this chapter
is a civil obligation and must not be made a condition of a criminal sentence.

Subd. 2.

Civil action.

The county attorney may commence a civil action to recover
such cost remaining unpaid at the expiration of six months unless the court has extended
the reimbursement period and shall, if it appears that such recipient of deleted text begin public defender or
appointive deleted text end new text begin appointed new text end counsel services is about to leave the jurisdiction of the court or sell
or otherwise dispose of assets out of which reimbursement may be obtained, commence
such action forthwith. The county attorney may compromise and settle any claim for
reimbursement with the approval of the court which heard the matter. No determination or
action shall be taken later than two years after the termination of the duties of the deleted text begin public
defender or appointive deleted text end new text begin appointed new text end counsel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 37.

Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to
read:

Sec. 4.DISTRICT COURTS

$

118,470,000

$

128,842,000

Carlton County Extraordinary Expenses.
$300,000 the first year is to reimburse
Carlton county for extraordinary expenses
related to homicide trials. This is a onetime
appropriation.

New Judge Units. $774,000 the first year
and $1,504,000 the second year are for an
increase in judgeship units, including one
trial court judge unit beginning October 1,
2001, in the tenth judicial district, one trial
court judge unit beginning April 1, 2002, in
the third judicial district, one trial court judge
unit beginning July 1, 2002, in the tenth
judicial district, one trial court judge unit
beginning January 1, 2003, in the seventh
judicial district, and one trial court judge
unit beginning January 1, 2003, in the first
judicial district. Each judge unit consists of a
judge, law clerk, and court reporter.

Alternative Dispute Resolution Programs.
A portion of this appropriation may be
used for the alternative dispute resolution
programs authorized by article 5, section 18.

Supplemental Funding for Certain
Mandated Costs. $4,533,000 the first
year and $6,032,000 the second year are to
supplement funding for guardians ad litem,
interpreters, rule 20 and civil commitment
examinations, and in forma pauperis costs in
the fifth, seventh, eighth, and ninth judicial
districts.

Trial Court Infrastructure Staff. $684,000
the first year and $925,000 the second year
are for infrastructure staff.

Court Effectiveness Initiatives;
Community Courts and Screener
Collectors. $835,000 the first year and
$765,000 the second year are for court
effectiveness initiatives. Of this amount,
$125,000 each year is for continued funding
of the community court in the fourth judicial
district and $125,000 each year is for
continued funding of the community court
in the second judicial district. These are
onetime appropriations.

The second judicial district and fourth
judicial district shall each report quarterly to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over criminal justice funding on:

(1) how money appropriated for this initiative
was spent; and

(2) the cooperation of other criminal justice
agencies and county units of government in
the community courts' efforts.

The first report is due on October 1, 2001.
None of this appropriation may be used
for the purpose of complying with these
reporting requirements.

Of this amount, $585,000 the first year and
$515,000 the second year are for screener
collector programs.

deleted text begin The fifth, seventh, and ninth judicial district
courts shall implement screener collector
programs to enhance the collection of
overdue fine revenue by at least ten percent in
each location serviced by a screener collector.
By August 15, 2002, and annually thereafter,
the state court administrator shall report to
the chairs and ranking minority members
of the house of representatives and senate
committees with jurisdiction over criminal
justice policy and funding issues on the total
amount of fines collected, the amount of
overdue fines collected for the two preceding
fiscal years, and the expenditures associated
with the screener collector program.
deleted text end

Ninth District County and Support Pilot
Projects. Up to $99,000 each year may
be used for the ninth judicial district to
implement the pilot projects on the six-month
review of child custody, parenting time, and
support orders, and on the accounting for
child support by obligees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 38.

Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to
read:

Sec. 2.SUPREME COURT

$

38,806,000

$

36,439,000

deleted text begin Report on Court Fees. The state court
administrator shall review and report back
on the financial consequences of policy
changes made in the following areas: (1)
criminal and traffic offender surcharges; (2)
public defender co-pays; and (3) the use
of revenue recapture to collect the public
defender co-pay. The report shall also list
the local governmental units that employ
administrative procedures to collect fines
for ordinance violations. The state court
administrator must submit the report to the
chairs and ranking minority members on the
committees that have jurisdiction over court
funding by January 15 of each year.
deleted text end

$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.

Legal Services to Low-Income Clients in
Family Law Matters. Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.

Of this appropriation, $355,000 in fiscal
year 2005 is for the implementation of
the Minnesota Child Support Act and is
contingent upon its enactment. This is a
onetime appropriation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 39. new text begin PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
new text end

new text begin The State Board of Public Defense and the Hennepin County Board of
Commissioners shall jointly prepare a report to the legislature on the history of the
funding of the public defender's office in the Fourth Judicial District provided by the state
and Hennepin County. The report must compare the costs and services provided by the
Fourth Judicial District Public Defender's Office to the costs and services provided by the
state Board of Public Defense in all other public defender district offices. The report must
detail the amount of funding provided by Hennepin County to the Fourth Judicial District
Public Defender's Office and the amount necessary for the state to assume the full costs of
the public defender duties in the Fourth Judicial District as in the other judicial districts
throughout the state. The report must also recommend specific legislation that would
provide for an appropriate resolution of the state and local funding of the Fourth Judicial
District Public Defender's Office. The report must be completed by October 1, 2007, and
be submitted to the commissioner of finance, the chairs and ranking minority members of
the senate and house committees and divisions with jurisdiction over finance, judiciary,
judiciary finance, and public safety finance, and the house Ways and Means Committee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 40. new text begin REPORT.
new text end

new text begin The commissioner of commerce shall monitor compliance with the good faith
obligations of insurers imposed by Minnesota Statutes, section 604.18 and prepare a
compliance report and submit it to the house and senate standing committees with
jurisdiction over insurance matters on January 1 of each year. The commissioner shall
also submit a copy of the report to the state court administrator to assist the administrator
in monitoring the impact on the state court system of the enactment of Minnesota
Statutes, section 604.18. The report must also include the information received by the
commissioner under Minnesota Statutes, section 604.18, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 41. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; and 611.20,
subdivision 5, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

ARTICLE 6

CORRECTIONS

Section 1.

Minnesota Statutes 2006, section 16A.72, is amended to read:

16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.

All income, including fees or receipts of any nature, shall be credited to the general
fund, except:

(1) federal aid;

(2) contributions, or reimbursements received for any account of any division or
department for which an appropriation is made by law;

(3) income to the University of Minnesota;

(4) income to revolving funds now established in institutions under the control of the
commissioners of corrections or human services;

(5) investment earnings resulting from the master lease program, except that the
amount credited to another fund or account may not exceed the amount of the additional
expense incurred by that fund or account through participation in the master lease program;

(6) investment earnings resulting from any gift, donation, devise, endowment, trust,
or court ordered or approved escrow account or trust fund, which should be credited to the
fund or account and appropriated for the purpose for which it was received;

(7) receipts from the operation of patients' and inmates' stores and new text begin patients' new text end vending
machines, which shall be deposited in the social welfare fund new text begin , or in the case of prison
industries in the correctional revolving fund, new text end in each institution for the benefit of the
patients and inmates;

(8) deleted text begin money received in payment for services of inmate labor employed in the
industries carried on in the state correctional facilities which receipts shall be credited to
the current expense fund of those facilities deleted text end new text begin income to prison industries which shall be
credited to the correctional industries revolving fund new text end ;

(9) as provided in sections 16B.57 and 85.22;

(10) income to the Minnesota Historical Society;

(11) the percent of income collected by a private collection agency and retained by
the collection agency as its collection fee; or

(12) as otherwise provided by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:

Subd. 2.

Public entities; purchases from corrections industries.

(a) The
commissioner of corrections, in consultation with the commissioner of administration,
shall prepare updated lists of the items available for purchase from Department of
Corrections industries and annually forward a copy of the most recent list to all public
entities within the state. A public entity that is supported in whole or in part with funds
from the state treasury may purchase items directly from corrections industries. The bid
solicitation process is not required for these purchases.

(b) The commissioner of administration shall develop a contract or contracts
to enable public entities to purchase items directly from corrections industries. deleted text begin The
commissioner of administration, in consultation with the commissioner of corrections,
shall determine the fair market price for listed items. deleted text end The commissioner of administration
shall require that all requests for bids or proposals, for items provided by corrections
industries, be forwarded to the commissioner of corrections to enable corrections industries
to submit bids. The commissioner of corrections shall consult with the commissioner of
administration prior to introducing new products to the state agency market.

(c) No public entity may evade the intent of this section by adopting slight variations
in specifications, when Minnesota corrections industry items meet the reasonable needs
and specifications of the public entity.

deleted text begin (d) The commissioners of administration and corrections shall develop annual
performance measures outlining goals to maximize inmate work program participation.
The commissioners of administration and corrections shall appoint cochairs for a task
force whose purpose is to determine additional methods to achieve the performance
goals for public entity purchasing. The task force shall include representatives from the
Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and
Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association
of Counties, and administrators with purchasing responsibilities from the Minnesota state
Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources,
Human Services, Health, and Employment and Economic Development. Notwithstanding
section 15.059, the task force created in this paragraph expires on June 30, 2003. deleted text end

deleted text begin (e) If performance goals for public entity purchasing are not achieved in two
consecutive fiscal years, public entities shall purchase items available from corrections
industries. The commissioner of administration shall be responsible for notifying public
entities of this requirement.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, section 16C.23, subdivision 2, is amended to read:

Subd. 2.

Surplus property.

"Surplus property" means state or federal commodities,
equipment, materials, supplies, books, printed matter, buildings, and other personal or real
property that is obsolete, unused, not needed for a public purpose, or ineffective for current
use. new text begin Surplus property does not include products manufactured by or held in inventory by
prison industries for sale to the general public in the normal course of its business.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 241.018, is amended to read:

241.018 PER DIEM CALCULATION.

new text begin Subdivision 1. new text end

new text begin State correctional facilities. new text end

(a) The commissioner of corrections
shall develop a uniform method to calculate the average department-wide per diem cost
of incarcerating offenders at state adult correctional facilities. In addition to other costs
currently factored into the per diem, it must include an appropriate percentage of capitol
costs for all adult correctional facilities and 65 percent of the department's management
services budget.

(b) The commissioner also shall use this method of calculating per diem costs
for offenders in each state adult correctional facility. When calculating the per diem
cost of incarcerating offenders at a particular facility, the commissioner shall include
an appropriate percentage of capital costs for the facility and an appropriate prorated
amount, given the facility's population, of 65 percent of the department's management
services budget.

(c) The commissioner shall ensure that these new per diem methods are used in
all future annual performance reports to the legislature and are also reflected in the
department's biennial budget document.

new text begin Subd. 2. new text end

new text begin Local correctional facilities. new text end

new text begin (a) The commissioner of corrections shall
develop a uniform method to calculate the average per diem cost of incarcerating offenders
in county and regional jail facilities licensed by the commissioner under section 241.021,
subdivision 1, paragraph (a).
new text end

new text begin (b) Each county and regional jail in the state must annually provide the commissioner
with a per diem calculation based on the formula the commissioner promulgates pursuant
to paragraph (a).
new text end

new text begin (c) The commissioner shall include the county and regional jail per diem data
collected under paragraph (b) in the Department of Correction's annual performance report
to the legislature mandated by section 241.016.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 241.27, subdivision 1, is amended to read:

Subdivision 1.

Establishment of Minnesota correctional industries new text begin ; MINNCOR
industries new text end .

For the purpose of providing adequate, regular and suitable employment,
deleted text begin vocational deleted text end new text begin educational new text end training, and to aid the inmates of state correctional facilities,
the commissioner of corrections may establish, equip, maintain and operate at any
correctional facility under the commissioner's control such industrial and commercial
activities as may be deemed necessary and suitable to the profitable employment,
deleted text begin vocational deleted text end new text begin educational new text end training and development of proper work habits of the inmates of
state correctional facilities. The industrial and commercial activities authorized by this
section new text begin are designated MINNCOR industries and new text end shall be for the primary purpose of
new text begin sustaining and ensuring MINNCOR industries' self-sufficiency, new text end providing deleted text begin vocational deleted text end
new text begin educational new text end training, meaningful employment and the teaching of proper work habits to
the inmates of correctional facilities under the control of the commissioner of corrections,
and not new text begin solely new text end as competitive business ventures. new text begin The net profits from these activities shall
be used for the benefit of the inmates as it relates to education, self-sufficiency skills, and
transition services and not to fund non-inmate-related activities or mandates. new text end Prior to the
establishment of any industrial and commercial activity, the commissioner of corrections
may consult with representatives of business, industry, organized labor, the state
Department of Education, the state Apprenticeship Council, the state Department of Labor
and Industry, the Department of Employment Security, the Department of Administration,
and such other persons and bodies as the commissioner may feel are qualified to determine
the quantity and nature of the goods, wares, merchandise and services to be made or
provided, and the types of processes to be used in their manufacture, processing, repair,
and production consistent with the greatest opportunity for the reform and deleted text begin vocational deleted text end
new text begin educational new text end training of the inmates, and with the best interests of the state, business,
industry and labor.

The commissioner of corrections shall, at all times in the conduct of any industrial
or commercial activity authorized by this section, utilize inmate labor to the greatest
extent feasible, provided, however, that the commissioner may employ all administrative,
supervisory and other skilled workers necessary to the proper instruction of the inmates
and the profitable and efficient operation of the industrial and commercial activities
authorized by this section.

Additionally, the commissioner of corrections may authorize the director of any
correctional facility under the commissioner's control to accept work projects from outside
sources for processing, fabrication or repair, provided that preference shall be given to the
performance of such work projects for state departments and agencies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 241.27, subdivision 2, is amended to read:

Subd. 2.

Revolving fund; use of fund.

There is established in the Department
of Corrections under the control of the commissioner of corrections the Minnesota
correctional industries revolving fund to which shall be transferred the revolving funds
authorized in Minnesota Statutes 1978, sections 243.41 and 243.85, clause (f), and any
other industrial revolving funds heretofore established at any state correctional facility
under the control of the commissioner of corrections. The revolving fund established
shall be used for the conduct of the industrial and commercial activities now or hereafter
established at any state correctional facility, including but not limited to the purchase of
equipment, raw materials, the payment of salaries, wages and other expenses necessary
and incident thereto. The purchase of new text begin services, new text end materials new text begin , new text end and commodities new text begin used in and
held new text end for resale are not subject to the competitive bidding procedures of section 16C.06, but
are subject to all other provisions of chapters 16B and 16C new text begin , unless otherwise identified new text end .
When practical, purchases must be made from small targeted group businesses designated
under section 16C.16. Additionally, the expenses of inmate deleted text begin vocational deleted text end new text begin educational new text end
training new text begin , self-sufficiency skills, transition services, new text end and the inmate release fund may be
financed from the correctional industries revolving fund in an amount to be determined
by the commissioner new text begin or the MINNCOR chief executive officer as duly appointed by the
commissioner new text end . The proceeds and income from all industrial and commercial activities
conducted at state correctional facilities shall be deposited in the correctional industries
revolving fund subject to disbursement as hereinabove provided. The commissioner of
corrections may request that money in the fund be invested pursuant to section 11A.25;
the proceeds from the investment not currently needed shall be accounted for separately
and credited to the fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 241.27, subdivision 3, is amended to read:

Subd. 3.

Disbursement from fund.

The correctional industries revolving fund
shall be deposited in the state treasury and paid out only on proper vouchers as may be
authorized and approved by the commissioner of corrections, and in the same manner and
under the same restrictions as are now provided by law for the disbursement of funds by
the commissioner. new text begin An amount deposited in the state treasury equal to six months of net
operating cash as determined by the prior 12 months of revenue and cash flow statements,
shall be restricted for use only by correctional industries as described under subdivision
2. For purposes of this subdivision, "net operating cash" means net income minus sales
plus cost of goods sold. Cost of goods sold include all direct costs of correctional industry
products attributable to their production. new text end The commissioner of corrections is authorized
to keep and maintain at any correctional facility under the commissioner's control a
contingent fund, as provided in section 241.13; but the contingent fund shall at all times
be covered and protected by a proper and sufficient bond to be duly approved as by law
now provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 241.27, subdivision 4, is amended to read:

Subd. 4.

Revolving fund; borrowing.

The commissioner of corrections is
authorized, when in the commissioner's judgment it becomes necessary in order to meet
current demands on the correctional industries revolving fund, to borrow sums of money
as may be necessary. The sums so borrowed shall not exceed, in any one year, deleted text begin 50 percent
of the total of the net worth of correctional industries deleted text end new text begin six months of net operating cash as
determined by the previous 12 months of the correctional industries' revenue and cash
flow statements new text end .

When the commissioner of corrections shall certify to the commissioner of finance
that, in the commissioner's judgment, it is necessary to borrow a specified sum of money
in order to meet the current demands on the correctional industries revolving fund, and the
commissioner of finance may, in the commissioner's discretion, transfer and credit to the
correctional industries revolving fund, from any moneys in the state treasury not required
for immediate disbursement, the whole or such part of the amount so certified as they
deem advisable, which sum so transferred shall be repaid by the commissioner from the
revolving fund to the fund from which transferred, at such time as shall be specified by the
commissioner of finance, together with interest thereon at such rate as shall be specified
by the commissioner of finance, not exceeding four percent per annum. When any transfer
shall so have been made to the correctional industries revolving fund, the commissioner
of finance shall notify the commissioner of corrections of the amount so transferred to
the credit of the correctional industries revolving fund, the date when the same is to be
repaid, and the rate of interest so to be paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2006, section 241.278, is amended to read:

241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY
JAIL INMATES.

The commissioner of corrections, in the interest of inmate rehabilitation new text begin or to
promote programs under section 241.275, subdivision 2 new text end , may enter into interagency
agreements with state, county, or municipal agencies, or contract with nonprofit agencies
to new text begin manage, new text end fund new text begin , new text end or partially fund the cost of programs that use state or county jail
inmates as a work force. The commissioner is authorized to receive funds via these
agreements and these funds are appropriated to the commissioner for community service
programming new text begin or when prison industries are party to the agreement, shall be deposited in
the Minnesota correctional industries revolving fund for use as described under section
241.27, subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 10.

Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:

Subd. 3.

Transfer.

If the licensed mental health professional finds the person to be a
person who is mentally ill and in need of short-term care, the deleted text begin examining deleted text end new text begin licensed mental new text end
health care professional may recommend transfer by the commissioner of corrections to
the mental health unit established pursuant to subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 11.

Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:

Subd. 4.

Commitment.

If the deleted text begin examining deleted text end new text begin licensed mental new text end health care professional or
licensed mental health professional finds the person to be a person who is mentally ill and
in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision
3 refuses to voluntarily participate in the treatment program at the mental health unit, the
director of psychological services of the institution or the mental health professional shall
initiate proceedings for judicial commitment as provided in section 253B.07. Upon the
recommendation of the licensed mental health professional and upon completion of the
hearing and consideration of the record, the court may commit the person to the mental
health unit established in subdivision 1 or to another hospital. A person confined in a state
correctional institution for adults who has been adjudicated to be a person who is mentally
ill and in need of treatment may be committed to the commissioner of corrections and
placed in the mental health unit established in subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 12.

Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:

Subd. 6.

Rules and regulations.

The county may promulgate rules and regulations
for the proper operation and maintenance of each facility and the proper care and discipline
of inmates detained in the facility. These rules and regulations may, among other things,
provide for the diminution of sentences of inmates for good behavior deleted text begin , but in no event to
exceed a total of five days for each 30 day sentence deleted text end new text begin in accordance with section 643.29 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 13.

Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:

Subd. 7.

Confinement of inmates from other counties.

The county may accept
an inmate for confinement at a county correction facility when the inmate is committed
to the facility by order of a judge of a municipality or county outside Ramsey County if
the county is paid the amount of compensation for board, confinement new text begin , new text end and maintenance
of the inmate that it determines. deleted text begin No compensation of this kind may be in an amount less
than the actual per diem cost per person confined. deleted text end A county outside Ramsey County or
a municipality outside Ramsey County may enter into and agree with Ramsey County
for the incarceration of prisoners.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 14.

Minnesota Statutes 2006, section 401.15, subdivision 1, is amended to read:

Subdivision 1.

Certified statements; determinations; adjustments.

deleted text begin On or before deleted text end new text begin
Within 60 days of new text end the end of each calendar quarter, participating counties which have
received the payments authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs incurred in furnishing the
correctional services provided in sections 401.01 to 401.16. Upon receipt of certified
statements, the commissioner shall, in the manner provided in sections 401.10 and
401.12, determine the amount each participating county is entitled to receive, making any
adjustments necessary to rectify any disparity between the amounts received pursuant to
the estimate provided in section 401.14 and the amounts actually expended. If the amount
received pursuant to the estimate is greater than the amount actually expended during the
quarter, the commissioner may withhold the difference from any subsequent monthly
payments made pursuant to section 401.14. Upon certification by the commissioner of
the amount a participating county is entitled to receive under the provisions of section
401.14 or of this subdivision the commissioner of finance shall thereupon issue a state
warrant to the chief fiscal officer of each participating county for the amount due together
with a copy of the certificate prepared by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 15.

Minnesota Statutes 2006, section 641.15, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Intake procedure; approved mental health screening. new text end

new text begin As part of its
intake procedure for new prisoners, the sheriff or local corrections shall use a mental
health screening tool approved by the commissioner of corrections in consultation with
the commissioner of human services to identify persons who may have mental illness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end

Sec. 16.

Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:

Subd. 2.

Withdrawal.

A county board may withdraw from cooperation in a regional
jail system deleted text begin if the county boards of all of the other cooperating counties decide, by majority
vote, to allow the withdrawal deleted text end new text begin in accordance with the terms of a joint powers agreement new text end .
With the approval of the county board of each cooperating county, the regional jail board
shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital
cost, debt service, or lease rental payments made by the county prior to withdrawal, in
excess of its proportionate share of benefits from the regional jail prior to withdrawal, and
the time and manner of making the payments. The payments shall be deemed additional
payments of capital cost, debt service, or lease rentals to be made proportionately by the
remaining counties and, when received, shall be deposited in and paid from the regional
jail fund; provided that:

deleted text begin (a) deleted text end new text begin (1) new text end payments shall not be made from any amounts in the regional jail fund
which are needed for maintenance and operation expenses or lease rentals currently due
and payable; and

deleted text begin (b) deleted text end new text begin (2) new text end the withdrawing county shall remain obligated for the payment of its
proportionate share of any lease rentals due and payable after its withdrawal, in the
event and up to the amount of any lease payment not made when due by one or more of
the other cooperating counties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 17. new text begin DISCIPLINARY CONFINEMENT; PROTOCOL.
new text end

new text begin The commissioner of corrections shall develop a protocol that is fair, firm, and
consistent so that inmates have an opportunity to be released from disciplinary confinement
in a timely manner. For those inmates in disciplinary confinement who are nearing their
release date, the commissioner of corrections shall, when possible, develop a reentry plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 241.021, subdivision 5; and 241.85, subdivision
2, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

ARTICLE 7

OFFENDER RE-ENTRY POLICY

Section 1.

Minnesota Statutes 2006, section 241.016, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal justice funding by January
15, 2005, and every other year thereafter. The issuance and content of the report must
include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures;

(3) department annual statistics as outlined in the departmental policies and
procedures; and

(4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion rates.

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). deleted text begin When appropriate, deleted text end The recidivism analysis must deleted text begin include deleted text end new text begin : (1) assess new text end education
programs, vocational programs, treatment programs, including mental health programs,
industry, and employment new text begin ; and (2) assess statewide re-entry policies and funding,
including postrelease treatment, education, training, and supervision new text end . In addition, when
reporting recidivism for the department's adult and juvenile facilities, the department shall
report on the extent to which offenders it has assessed as chemically dependent commit
new offenses, with separate recidivism rates reported for persons completing and not
completing the department's treatment programs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2.

new text begin [241.86] FIVE-YEAR DEMONSTRATION PROJECT FOR HIGH-RISK
ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "high-risk adult" means an
adult with a history of some combination of substance abuse, mental illness, chronic
unemployment, incarceration, or homelessness. High-risk adults are considered to be very
likely to enter or reenter state or county correctional programs or chemical or mental
health programs.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin (a) The Department of Corrections shall contract with
one nonprofit entity to conduct this five-year demonstration project and document the
effectiveness of this model. Initially, the demonstration will operate in the Twin Cities
metropolitan area.
new text end

new text begin (b) The contractor must, at a minimum, meet the following criteria:
new text end

new text begin (1) be an incorporated, nonprofit organization that is capable of managing and
operating a multidisciplinary model for providing high-risk adults with housing, short-term
work, health care, behavioral health care, and community reengagement;
new text end

new text begin (2) demonstrate an ability to organize and manage an alliance of nonprofit
organizations providing services to high-risk adults;
new text end

new text begin (3) have organizational leaders with a demonstrated ability to organize, manage,
and lead service teams consisting of workers from multiple service providers that deliver
direct support to high-risk adults;
new text end

new text begin (4) have experience with providing a comprehensive set of housing, work, health
care, behavioral health care, and community reengagement services to high-risk adults; and
new text end

new text begin (5) be a recipient of foundation and other private funds for the refinement and testing
of a demonstration of this type.
new text end

new text begin Subd. 3. new text end

new text begin Scope of the five-year demonstration project. new text end

new text begin The contractor undertaking
this five-year demonstration project shall, as part of this project:
new text end

new text begin (1) enroll up to 500 eligible high-risk adults over the five-year demonstration project
period, starting December 1, 2007, and ending December 31, 2012;
new text end

new text begin (2) using best practices derived from research and testing, provide or assist in
arranging access to services for high-risk adults enrolled in the demonstration project,
including, at a minimum, housing, behavioral health services, health care, employment,
and community and family reengagement;
new text end

new text begin (3) maximize the performance of existing services and programs by coordinating
access to and the delivery of these services; and
new text end

new text begin (4) define conditions under which enrollees are considered to be in good standing
and allowed to remain in the demonstration project. These conditions may include, but
are not limited to:
new text end

new text begin (i) living in stable and safe housing;
new text end

new text begin (ii) working and earning an income;
new text end

new text begin (iii) paying child support, if appropriate;
new text end

new text begin (iv) participating in treatment programs, if appropriate; and
new text end

new text begin (v) no arrests.
new text end

new text begin Subd. 4. new text end

new text begin Payment. new text end

new text begin The commissioner shall pay from grant funds for this
demonstration project, to the entity under contract, a monthly flat fee of $1,600 for every
enrollee who is in good standing in the demonstration project.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin (a) The entity shall submit annually a report to the commissioners
of corrections, human services, employment and economic development, and housing
finance and the legislature on or before January 15 of each year, beginning January 15,
2008. The report must include:
new text end

new text begin (1) the number of participants who have been enrolled and the number currently
participating in the demonstration project;
new text end

new text begin (2) a description of the services provided to enrollees over the past year and over the
duration of the demonstration project to date;
new text end

new text begin (3) an accounting of the costs associated with the enrollees over the past year and
over the duration of the demonstration project to date; and
new text end

new text begin (4) any other information requested by the commissioners of corrections, housing,
employment and economic development, and human services and the legislature.
new text end

new text begin (b) The report shall include recommendations on improving and expanding the
project to other geographical areas of the state.
new text end

new text begin (c) The report shall include an update on the status of the independent evaluation
required in subdivision 7.
new text end

new text begin Subd. 6. new text end

new text begin Independent evaluation. new text end

new text begin An independent evaluator selected by the
commissioner of corrections, in consultation with the contractor conducting the project,
must conduct an evaluation of the project. The independent evaluator must complete and
submit a report of findings and recommendations to the commissioners of corrections,
housing finance, human services, education, and employment and economic development
and the legislature. This independent evaluation must be developed and implemented
concurrently with the five-year demonstration project, beginning on December 1, 2007.
The final report to the legislature is due on or before January 15, 2013.
new text end

new text begin Subd. 7. new text end

new text begin Sunset. new text end

new text begin This section expires December 31, 2013.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

new text begin [299A.82] MENTORING GRANT FOR CHILDREN OF
INCARCERATED PARENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Mentoring grant. new text end

new text begin The commissioner of corrections shall award
grants to nonprofit organizations that provide one-to-one mentoring relationships to
youth enrolled between the ages of seven to 13 whose parent or other significant family
member is incarcerated in a county workhouse, county jail, state prison, or other type of
correctional facility or is subject to correctional supervision. The intent of the grant is
to provide children with adult mentors to strengthen developmental outcomes, including
enhanced self-confidence and esteem; improved academic performance; and improved
relationships with peers, family, and other adults that may prevent them from entering the
juvenile justice system.
new text end

new text begin Subd. 2. new text end

new text begin Grant criteria. new text end

new text begin As a condition of receiving the grant, the grant recipient
must:
new text end

new text begin (1) collaborate with other organizations that have a demonstrated history of
providing services to youth and families in disadvantaged situations;
new text end

new text begin (2) implement procedures to ensure that 100 percent of the mentors pose no safety
risk to the child and have the skills to participate in a mentoring relationship;
new text end

new text begin (3) provide enhanced training to mentors focusing on asset building and family
dynamics when a parent is incarcerated; and
new text end

new text begin (4) provide an individual family plan and aftercare.
new text end

new text begin Subd. 3. new text end

new text begin Program evaluation. new text end

new text begin The grant recipient must submit an evaluation plan
to the commissioner delineating the program and student outcome goals and activities
implemented to achieve the stated outcomes. The goals must be clearly stated and
measurable. The grant recipient must collect, analyze, and report on participation and
outcome data that enable the department to verify that the program goals were met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4. new text begin LEGISLATIVE WORKING GROUP ON OFFENDER RE-ENTRY.
new text end

new text begin (a) The chairs of the house of representatives Public Safety Finance Committee and
the senate Public Safety Budget Division, or their designees, shall co-chair an offender
re-entry working group. The working group shall review, examine, and, where the group
deems necessary, formulate legislative proposals addressing the following issues:
new text end

new text begin (1) the Department of Corrections' role in offender re-entry, including prerelease and
postrelease planning, education, treatment, housing, and employment;
new text end

new text begin (2) housing for offenders upon release from prison, including offender housing plans
and the need for and placement of halfway houses;
new text end

new text begin (3) the Department of Human Services and the Department of Housing Finance
Administration's role in assisting recently released offenders with housing and mental
health services;
new text end

new text begin (4) prerelease and postrelease offender drug treatment policies, programs, and
funding;
new text end

new text begin (5) drug sentencing, including an assessment of the costs and benefits of adjusting
drug weight thresholds in controlled substance offenses in Minnesota Statutes, chapter
152, and the proportionality of Minnesota's drug sentences as compared to sentences for
other Minnesota offenses and drug sentences in other states in the upper midwest;
new text end

new text begin (6) creation of an early discharge committee to recommend the release of offenders
who make significant and measurable progress in treatment, education, job skill training,
and overall behavior before their term of imprisonment expires;
new text end

new text begin (7) defining the class of offenders who are eligible for early release, if an early
discharge committee is recommended;
new text end

new text begin (8) establishing re-entry courts to oversee postprison supervision of offenders;
new text end

new text begin (9) how the current system of probation supervision affects recidivism and if the
system needs to be reformed;
new text end

new text begin (10) the need for and value of collateral employment sanctions associated with
certain offenses;
new text end

new text begin (11) juvenile offender re-entry;
new text end

new text begin (12) extending tax credits to businesses that employ offenders recently released
from prison; and
new text end

new text begin (13) any other matter relevant to promoting successful offender re-entry.
new text end

new text begin (b) At the invitation of the co-chairs, the group shall include members of the house
of representatives and senate and representatives from the Department of Corrections,
the Sentencing Guidelines Commission, the courts, law enforcement, probation, county
attorneys, the Board of Public Defense, Private Criminal Defense Bar, and the Minnesota
Comprehensive Offender Re-entry Plan Steering Committee.
new text end

new text begin (c) The house of representatives co-chair shall convene and lead the first session of
the working group on or before August 1, 2007. The co-chairs or their designees shall
alternate leading working group sessions. The group shall meet at least twice a month.
new text end

new text begin (d) The working group shall develop policy recommendations by November 1, 2007,
and prepare draft legislation on or before December 15, 2007.
new text end

new text begin (e) Legislative staff is authorized to assist the working group, as the co-chairs deem
necessary.
new text end

new text begin (f) The working group expires on December 15, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5. new text begin RE-ENTRY GRANT ADDRESSING DOMESTIC VIOLENCE AND
INTIMATE PARTNER VIOLENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Re-entry grant. new text end

new text begin The commissioner of corrections shall award a
grant to a nonprofit having a section 501(c)(3) status with the Internal Revenue Service
or a public or private institution of higher education that has expertise in addressing the
intersection between offender re-entry and domestic violence. The intent of the grant is
to provide services to re-entering offenders and their intimate partners to: (1) reduce the
incidence of domestic violence among offenders re-entering the community; (2) reduce
occurrences of domestic violence, serious injury, and death experienced by intimate
partners who are in relationships with offenders recently released from jail or prison; and
(3) reduce criminal recidivism due to domestic violence.
new text end

new text begin Subd. 2. new text end

new text begin Grant criteria. new text end

new text begin As a condition of receiving the grant, the grant recipient
must:
new text end

new text begin (1) subcontract with at least one community-based domestic abuse counseling
or educational program and at least one crime victim service provider to provide
comprehensive services to recently released offenders and their intimate partners;
new text end

new text begin (2) train the organizations selected pursuant to clause (1) on research-based practices
and best practices in addressing the intersection of offender re-entry and domestic
violence; and
new text end

new text begin (3) serve as liaison to the department of corrections and provide technical assistance,
training, and coordination to the organizations selected pursuant to clause (1) in
implementing policies that address the intersection of offender re-entry and domestic
violence.
new text end

new text begin Subd. 3. new text end

new text begin Program evaluation. new text end

new text begin The grant recipient must rigorously evaluate the
effectiveness of its intervention and work with subcontracted organizations to collect data.
The grant recipient must submit an evaluation plan to the commissioner of corrections
delineating project goals and specific activities performed to achieve those goals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6. new text begin PILOT PROJECT.
new text end

new text begin (a) The commissioner of corrections shall issue a grant to a nonprofit organization to
establish a pilot project to provide employment services to ex-criminal offenders living
in the North Minneapolis community. The pilot project must provide the ex-offender
participants with a continuum of employment services that identifies their needs;
intervenes with them through case management if they are struggling; and provides them
with work readiness, skill training, chemical and mental health referrals, housing support,
job placement, work experience, and job retention support. The pilot project shall work
with community corrections officials, faith-based organizations, and businesses to create
an array of support opportunities for the participants.
new text end

new text begin (b) By January 15, 2010, the commissioner of corrections shall report to the chairs
and ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice policy and funding on the activities
conducted by the grant recipient and the effectiveness of the pilot project.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

ARTICLE 8

PUBLIC SAFETY AND LAW ENFORCEMENT

Section 1.

Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:

Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension and disseminated through
the criminal justice information system, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.

(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. new text begin When an innocent party's
name is associated with a criminal history, and a determination has been made through a
fingerprint verification that the innocent party is not the subject of the criminal history, the
name may be redacted from the public criminal history data. The name shall be retained in
the criminal history and classified as private data.
new text end

The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "crime against the person" means
a violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; new text begin 609.2247; new text end 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1;
609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section
609.229; 609.377; 609.749; or 624.713.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies retroactively to crimes committed on or after August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2006, section 244.05, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Random searches. new text end

new text begin (a) This subdivision applies to inmates who were
convicted of and imprisoned for a violent crime, as defined in section 609.1095, involving
the sale, use, or possession of a controlled substance or a dangerous weapon.
new text end

new text begin (b) When an inmate is released on supervised release or parole, the inmate, as a
condition of release, consents to a search of the inmate's person and any motor vehicle
driven by the inmate. The search may be conducted on demand by any parole or
supervised release agent or peace officer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:

Subd. 2.

Membership.

The oversight council shall consist of the following
individuals or their designees:

(1) the director of the office of special investigations as the representative of the
commissioner of corrections;

(2) the superintendent of the Bureau of Criminal Apprehension as the representative
of the commissioner of public safety;

(3) the attorney general;

(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association,
two of which must be selected from cities with populations greater than 200,000;

(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each
district, two of which must be selected from counties with populations greater than
500,000;

(6) the United States attorney for the district of Minnesota;

(7) two county attorneys, selected by the Minnesota County Attorneys Association;

(8) a command-level representative of a gang strike force;

(9) a representative from a drug task force, selected by the Minnesota State
Association of Narcotics Investigators;

(10) a representative from the United States Drug Enforcement Administration;

(11) a representative from the United States Bureau of Alcohol, Tobacco, and
Firearms;

(12) a representative from the Federal Bureau of Investigation;

(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement
Association; deleted text begin and
deleted text end

(14) two additional members who may be selected by the oversight council new text begin ;
new text end

new text begin (15) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
new text end

new text begin (16) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house of representatives new text end .

The oversight council may adopt procedures to govern its conduct as necessary and may
select a chair from among its members. new text begin The legislative members of the council may not
vote on matters before the council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:

Subd. 2.

Task force.

deleted text begin (a) The policy group shall appoint deleted text end A task force deleted text begin to deleted text end new text begin shall new text end assist
deleted text begin them deleted text end new text begin the policy group new text end in deleted text begin their deleted text end new text begin its new text end duties. The task force shall monitor, review, and report to
the policy group on CriMNet-related projects and provide oversight to ongoing operations
as directed by the policy group. The task force shall consist of the following members:

(1) two deleted text begin sheriffs recommended deleted text end new text begin members appointed new text end by the Minnesota Sheriffs
Association new text begin , at least one of whom must be a sheriff new text end ;

(2) two deleted text begin police chiefs recommended deleted text end new text begin members appointed new text end by the Minnesota Chiefs of
Police Association new text begin , at least one of whom must be a chief of police new text end ;

(3) two deleted text begin county attorneys recommended deleted text end new text begin members appointed new text end by the Minnesota
County Attorneys Association new text begin , at least one of whom must be a county attorney new text end ;

(4) two deleted text begin city attorneys recommended deleted text end new text begin members appointed new text end by the Minnesota League
of Cities new text begin representing the interests of city attorneys, at least one of whom must be a city
attorney new text end ;

(5) two deleted text begin public defenders deleted text end new text begin members new text end appointed by the Board of Public Defense new text begin , at least
one of whom must be a public defender new text end ;

(6) two district judges appointed by the Judicial Council, deleted text begin one of whom is currently
assigned to the juvenile court deleted text end new text begin at least one of whom has experience dealing with juvenile
court matters new text end ;

(7) two deleted text begin community deleted text end corrections administrators deleted text begin recommended deleted text end new text begin appointed new text end by the
Minnesota Association of Counties deleted text begin , deleted text end new text begin representing the interests of local corrections, at least new text end
one of whom represents a community corrections act county;

(8) two probation officers new text begin appointed by the commissioner of corrections in
consultation with the president of the Minnesota Association of Community Corrections
Act Counties and the president of the Minnesota Association of County Probation Officers new text end ;

(9) four public members new text begin appointed by the governor for a term of six years new text end , one of
whom deleted text begin has been a victim of crime deleted text end new text begin represents the interests of victims new text end , and two deleted text begin who deleted text end new text begin of whom new text end
are representatives of the private business community who have expertise in integrated
information systems and who for the purpose of meetings of the full task force may be
compensated pursuant to section 15.059;

(10) two deleted text begin court administrators deleted text end new text begin members appointed by the Minnesota Association for
Court Management, at least one of whom must be a court administrator new text end ;

(11) one member of the house of representatives appointed by the speaker of the
house;

(12) one member of the senate appointed by the majority leader;

(13) new text begin one member appointed by new text end the attorney general deleted text begin or a designee deleted text end ;

(14) two deleted text begin individuals recommended deleted text end new text begin elected officials appointed new text end by the Minnesota
League of Cities, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;

(15) two deleted text begin individuals recommended deleted text end new text begin elected officials appointed new text end by the Minnesota
Association of Counties, one of whom works or resides in greater Minnesota and one of
whom works or resides in the seven-county metropolitan area;

(16) the director of the Sentencing Guidelines Commission new text begin or a designee new text end ;

(17) one member appointed by the state chief information officer;

(18) one member appointed by the commissioner of public safety;

(19) one member appointed by the commissioner of corrections;

(20) one member appointed by the commissioner of administration; and

(21) one member appointed by the chief justice of the Supreme Court.

deleted text begin (b) In making these appointments, the appointing authority shall select members
with expertise in integrated data systems or best practices.
deleted text end

deleted text begin (c) The commissioner of public safety may appoint additional, nonvoting members
to the task force as necessary from time to time.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:

Subd. 5.

Review of funding and grant requests.

(a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The policy
group shall review the requests for compatibility to statewide criminal justice information
system standards. The review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with jurisdiction over criminal
justice funding and policy.

(b) The CriMNet program office, in consultation with the Criminal and Juvenile
Justice Information Task Force and with the approval of the policy group, shall create
the requirements for any grant request and determine the integration priorities for the
grant period. The CriMNet program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems standards.

(c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.

(d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all deleted text begin counties deleted text end new text begin applicants within each grant offering new text end . The policy group shall adopt policies
concerning the use of in-kind resources to satisfy the match requirement and the sources
from which matching funds may be obtained. Local operational or technology staffing
costs may be considered as meeting this match requirement. Each grant recipient shall
certify to the policy group that it has not reduced funds from local, county, federal, or
other sources which, in the absence of the grant, would have been made available to the
grant recipient to improve or integrate criminal justice technology.

(e) All grant recipients shall submit to the CriMNet program office all requested
documentation including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration priorities. The CriMNet
program office shall establish the recipient's reporting dates at the time funds are awarded.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

new text begin [299F.850] CIGARETTE FIRE SAFETY DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in sections 299F.850 to 299F.858 have the
meanings given them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Agent. new text end

new text begin "Agent" means any person licensed by the commissioner of
revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
new text end

new text begin Subd. 3. new text end

new text begin Cigarette. new text end

new text begin "Cigarette" means any roll for smoking made wholly or in part
of tobacco, the wrapper or cover of which is made of paper or any other substance or
material except tobacco.
new text end

new text begin Subd. 4. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means:
new text end

new text begin (1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes
to be manufactured or produced anywhere that the manufacturer intends to be sold in the
state, including cigarettes intended to be sold in the United States through an importer;
new text end

new text begin (2) the first purchaser anywhere that intends to resell in the United States cigarettes
manufactured anywhere that the original manufacturer or maker does not intend to be sold
in the United States; or
new text end

new text begin (3) any entity that becomes a successor of an entity described in clause (1) or (2).
new text end

new text begin Subd. 5. new text end

new text begin Quality control and quality assurance program. new text end

new text begin "Quality control and
quality assurance program" means the laboratory procedures implemented to ensure that
operator bias, systematic and nonsystematic methodological errors, and equipment-related
problems do not affect the results of the testing. This program ensures that the testing
repeatability remains within the required repeatability values stated in section 299F.851,
subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with
sections 299F.850 to 299F.858.
new text end

new text begin Subd. 6. new text end

new text begin Repeatability. new text end

new text begin "Repeatability" means the range of values within which the
repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
new text end

new text begin Subd. 7. new text end

new text begin Retail dealer. new text end

new text begin "Retail dealer" means any person, other than a wholesale
dealer, engaged in selling cigarettes or tobacco products.
new text end

new text begin Subd. 8. new text end

new text begin Sale. new text end

new text begin "Sale" means any transfer of title or possession or both, exchange
or barter, conditional or otherwise, in any manner or by any means whatever or any
agreement therefore. In addition to cash and credit sales, the giving of cigarettes as
samples, prizes, or gifts and the exchanging of cigarettes for any consideration other
than money, are considered sales.
new text end

new text begin Subd. 9. new text end

new text begin Sell. new text end

new text begin "Sell" means to make a sale or to offer or agree to make a sale.
new text end

new text begin Subd. 10. new text end

new text begin Wholesale dealer. new text end

new text begin "Wholesale dealer" means any person (1) who sells
cigarettes or tobacco products to retail dealers or other persons for purposes of resale or
(2) who owns, operates, or maintains one or more cigarette or tobacco product vending
machines in, at, or upon premises owned or occupied by any other person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 8.

new text begin [299F.851] TEST METHOD AND PERFORMANCE STANDARD.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) Except as provided in this subdivision, no
cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons
located in this state unless (1) the cigarettes have been tested in accordance with the test
method and have met the performance standard specified in this section, (2) a written
certification has been filed by the manufacturer with the state fire marshal in accordance
with section 299F.852, and (3) the cigarettes have been marked in accordance with section
299F.853.
new text end

new text begin (b) Testing of cigarettes must be conducted in accordance with the American
Society of Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for
Measuring the Ignition Strength of Cigarettes."
new text end

new text begin (c) Testing must be conducted on ten layers of filter paper.
new text end

new text begin (d) No more than 25 percent of the cigarettes tested in a test trial in accordance
with this section may exhibit full-length burns. Forty replicate tests comprise a complete
test trial for each cigarette tested.
new text end

new text begin (e) The performance standard required by this subdivision must only be applied to a
complete test trial.
new text end

new text begin (f) Written certifications must be based upon testing conducted by a laboratory that
has been accredited pursuant to standard ISO/IEC 17025 of the International Organization
for Standardization (ISO), or other comparable accreditation standard required by the
state fire marshal.
new text end

new text begin (g) Laboratories conducting testing in accordance with this section shall implement a
quality control and quality assurance program that includes a procedure that will determine
the repeatability of the testing results. The repeatability value must be no greater than 0.19.
new text end

new text begin (h) This subdivision does not require additional testing if cigarettes are tested
consistent with sections 299F.850 to 299F.858 for any other purpose.
new text end

new text begin (i) Testing performed or sponsored by the state fire marshal to determine a cigarette's
compliance with the performance standard required must be conducted in accordance
with this section.
new text end

new text begin Subd. 2. new text end

new text begin Permeability bands. new text end

new text begin Each cigarette listed in a certification submitted
pursuant to section 299F.852 that uses lowered permeability bands in the cigarette paper
to achieve compliance with the performance standard set forth in this section must have
at least two nominally identical bands on the paper surrounding the tobacco column. At
least one complete band must be located at least 15 millimeters from the lighting end of
the cigarette. For cigarettes on which the bands are positioned by design, there must
be at least two bands fully located at least 15 millimeters from the lighting end and ten
millimeters from the filter end of the tobacco column, or ten millimeters from the labeled
end of the tobacco column for nonfiltered cigarettes.
new text end

new text begin Subd. 3. new text end

new text begin Equivalent test methods. new text end

new text begin A manufacturer of a cigarette that the state
fire marshal determines cannot be tested in accordance with the test method prescribed
in subdivision 1, paragraph (b), shall propose a test method and performance standard
for the cigarette to the state fire marshal. Upon approval of the proposed test method
and a determination by the state fire marshal that the performance standard proposed by
the manufacturer is equivalent to the performance standard prescribed in subdivision 1,
paragraph (d), the manufacturer may employ such test method and performance standard
to certify the cigarette pursuant to section 299F.852. If the state fire marshal determines
that another state has enacted reduced cigarette ignition propensity standards that include
a test method and performance standard that are the same as those contained in this
subdivision, and the state fire marshal finds that the officials responsible for implementing
those requirements have approved the proposed alternative test method and performance
standard for a particular cigarette proposed by a manufacturer as meeting the fire safety
standards of that state's law or regulation under a legal provision comparable to this
subdivision, then the state fire marshal shall authorize that manufacturer to employ the
alternative test method and performance standard to certify that cigarette for sale in this
state, unless the state fire marshal demonstrates a reasonable basis why the alternative
test should not be accepted under sections 299F.850 to 299F.858. All other applicable
requirements of this section apply to the manufacturer.
new text end

new text begin Subd. 4. new text end

new text begin Civil penalty. new text end

new text begin Each manufacturer shall maintain copies of the reports of all
tests conducted on all cigarettes offered for sale for a period of three years, and shall make
copies of these reports available to the state fire marshal and the attorney general upon
written request. Any manufacturer who fails to make copies of these reports available
within 60 days of receiving a written request is subject to a civil penalty not to exceed
$10,000 for each day after the 60th day that the manufacturer does not make such copies
available.
new text end

new text begin Subd. 5. new text end

new text begin Future ASTM Standards. new text end

new text begin The state fire marshal may adopt a subsequent
ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon
a finding that the subsequent method does not result in a change in the percentage of
full-length burns exhibited by any tested cigarette when compared to the percentage of
full-length burns the same cigarette would exhibit when tested in accordance with ASTM
Standard E2187-04 and the performance standard in subdivision 1, paragraph (d).
new text end

new text begin Subd. 6. new text end

new text begin Report to legislature. new text end

new text begin The state fire marshal shall review the effectiveness
of this section and report findings every three years to the legislature and, if appropriate,
make recommendations for legislation to improve the effectiveness of this section. The
report and legislative recommendations must be submitted no later than January 2 of each
three-year period.
new text end

new text begin Subd. 7. new text end

new text begin Inventory before state standards. new text end

new text begin The requirements of subdivision 1 do
not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes
on or after the effective date of this section if the wholesale or retail dealer can establish
that state tax stamps were affixed to the cigarettes before the effective date of this section,
and if the wholesale or retail dealer can establish that the inventory was purchased before
the effective date of this section in comparable quantity to the inventory purchased during
the same period of the previous year.
new text end

new text begin Subd. 8. new text end

new text begin Implementation. new text end

new text begin This section must be implemented in accordance with
the implementation and substance of the New York "Fire Safety Standards for Cigarettes."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 9.

new text begin [299F.852] CERTIFICATION AND PRODUCT CHANGE.
new text end

new text begin Subdivision 1. new text end

new text begin Attestation. new text end

new text begin Each manufacturer shall submit to the state fire marshal
a written certification attesting that:
new text end

new text begin (1) each cigarette listed in the certification has been tested in accordance with
section 299F.851; and
new text end

new text begin (2) each cigarette listed in the certification meets the performance standard set forth
in section 299F.851, subdivision 1, paragraph (d).
new text end

new text begin Subd. 2. new text end

new text begin Description. new text end

new text begin Each cigarette listed in the certification must be described
with the following information:
new text end

new text begin (1) brand, or trade name on the package;
new text end

new text begin (2) style, such as light or ultra light;
new text end

new text begin (3) length in millimeters;
new text end

new text begin (4) circumference in millimeters;
new text end

new text begin (5) flavor, such as menthol or chocolate, if applicable;
new text end

new text begin (6) filter or nonfilter;
new text end

new text begin (7) package description, such as soft pack or box;
new text end

new text begin (8) marking approved in accordance with section 299F.853;
new text end

new text begin (9) the name, address, and telephone number of the laboratory, if different than the
manufacturer that conducted the test; and
new text end

new text begin (10) the date that the testing occurred.
new text end

new text begin Subd. 3. new text end

new text begin Information availability. new text end

new text begin The certifications must be made available to the
attorney general for purposes consistent with this section and the commissioner of revenue
for the purposes of ensuring compliance with this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Recertification. new text end

new text begin Each cigarette certified under this subdivision must be
recertified every three years.
new text end

new text begin Subd. 5. new text end

new text begin Fee. new text end

new text begin For each cigarette listed in a certification, a manufacturer shall pay
to the state fire marshal a $250 fee, to be deposited into a dedicated account in the fire
marshal's budget.
new text end

new text begin Subd. 6. new text end

new text begin Retesting. new text end

new text begin If a manufacturer has certified a cigarette pursuant to this
section, and thereafter makes any change to the cigarette that is likely to alter its
compliance with the reduced cigarette ignition propensity standards required by sections
299F.850 to 299F.858, that cigarette must not be sold or offered for sale in this state
until the manufacturer retests the cigarette in accordance with the testing standards set
forth in section 299F.851 and maintains records of that retesting as required by section
299F.851. Any altered cigarette that does not meet the performance standard set forth in
section 299F.851 may not be sold in this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 10.

new text begin [299F.853] MARKING AND CIGARETTE PACKAGING.
new text end

new text begin (a) Cigarettes that are certified by a manufacturer in accordance with section
299F.852 must be marked to indicate compliance with the requirements of section
299F.851. The marking must be in eight-point type or larger and consist of:
new text end

new text begin (1) modification of the product UPC code to include a visible mark printed at
or around the area of the UPC code, which may consist of alphanumeric or symbolic
characters permanently stamped, engraved, embossed, or printed in conjunction with
the UPC;
new text end

new text begin (2) any visible combination of alphanumeric or symbolic characters permanently
stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
new text end

new text begin (3) printed, stamped, engraved, or embossed text that indicates that the cigarettes
meet the standards of sections 299F.850 to 299F.858.
new text end

new text begin (b) A manufacturer shall use only one marking and shall apply this marking
uniformly for all brands marketed by that manufacturer and all packages, including but
not limited to packs, cartons, and cases.
new text end

new text begin (c) The state fire marshal must be notified as to the marking that is selected.
new text end

new text begin (d) Prior to the certification of any cigarette, a manufacturer shall present its
proposed marking to the state fire marshal for approval. Upon receipt of the request,
the state fire marshal shall approve or disapprove the marking offered, except that the
state fire marshal shall approve any marking in use and approved for sale in New York
pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings
are deemed approved if the state fire marshal fails to act within ten business days of
receiving a request for approval.
new text end

new text begin (e) No manufacturer shall modify its approved marking unless the modification has
been approved by the state fire marshal in accordance with this section.
new text end

new text begin (f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall
provide a copy of the certifications to all wholesale dealers and agents to which they sell
cigarettes, and shall also provide sufficient copies of an illustration of the package marking
utilized by the manufacturer pursuant to this section for each retail dealer to which the
wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a
copy of these package markings received from manufacturers to all retail dealers to whom
they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire
marshal, the commissioner of revenue, the attorney general, and their employees to inspect
markings of cigarette packaging marked in accordance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 11.

new text begin [299F.854] PENALTIES AND REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Wholesale. new text end

new text begin (a) A manufacturer, wholesale dealer, agent, or any other
person or entity who knowingly sells or offers to sell cigarettes, other than through retail
sale, in violation of section 299F.851 is liable to a civil penalty:
new text end

new text begin (1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
new text end

new text begin (2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
new text end

new text begin (b) However, the penalty against any such person or entity for a violation under
paragraph (a) must not exceed $100,000 during any 30-day period.
new text end

new text begin Subd. 2. new text end

new text begin Retail. new text end

new text begin (a) A retail dealer who knowingly sells cigarettes in violation of
section 299F.851 is liable to a civil penalty:
new text end

new text begin (1) for a first offense, not to exceed $500, and for a subsequent offense, not to exceed
$2,000, per each sale or offer for sale of such cigarettes, if the total number sold or offered
for sale does not exceed 1,000 cigarettes; or
new text end

new text begin (2) for a first offense, not to exceed $1,000, and for a subsequent offense, not to
exceed $5,000, per each sale or offer for sale of such cigarettes, if the total number sold or
offered for sale exceeds 1,000 cigarettes.
new text end

new text begin (b) However, the penalty against any retail dealer must not exceed $25,000 during
any 30-day period.
new text end

new text begin Subd. 3. new text end

new text begin False certification. new text end

new text begin In addition to any penalty prescribed by law, any
corporation, partnership, sole proprietor, limited partnership, or association engaged in
the manufacture of cigarettes that knowingly makes a false certification pursuant to
subdivision 3 is, for a first offense, liable to a civil penalty of at least $75,000, and for a
subsequent offense a civil penalty not to exceed $250,000 for each false certification.
new text end

new text begin Subd. 4. new text end

new text begin Violation of other provision. new text end

new text begin Any person violating any other provision
in sections 299F.850 to 299F.858 is liable to a civil penalty for a first offense not to
exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for
each violation.
new text end

new text begin Subd. 5. new text end

new text begin Forfeiture. new text end

new text begin Cigarettes that have been sold or offered for sale that do
not comply with the performance standard required by section 299F.851 are subject to
forfeiture under section 297F.21 and, upon judgment of forfeiture, must be destroyed;
provided, however, that before destroying any cigarettes seized in accordance with section
297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the
cigarette brand must be permitted to inspect the cigarette.
new text end

new text begin Subd. 6. new text end

new text begin Remedies. new text end

new text begin In addition to any other remedy provided by law, the state fire
marshal or attorney general may institute a civil action in district court for a violation of
this section, including petitioning for injunctive relief or to recover any costs or damages
suffered by the state because of a violation under this section, including enforcement costs
relating to the specific violation and attorney fees. Each violation of sections 299F.850 to
299F.858 or of rules adopted under sections 299F.850 to 299F.858 constitutes a separate
civil violation for which the state fire marshal or attorney general may obtain relief.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 12.

new text begin [299F.855] IMPLEMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The commissioner of public safety, in consultation with the
state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the
purposes of sections 299F.850 to 299F.858.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of revenue. new text end

new text begin The commissioner of revenue in the regular
course of conducting inspections of wholesale dealers, agents, and retail dealers, as
authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are
marked as required by section 299F.853. If the cigarettes are not marked as required, the
commissioner of revenue shall notify the state fire marshal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 13.

new text begin [299F.856] INSPECTION.
new text end

new text begin To enforce sections 299F.850 to 299F.858, the attorney general and the state fire
marshal may examine the books, papers, invoices, and other records of any person in
possession, control, or occupancy of any premises where cigarettes are placed, stored,
sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in
the possession, control, or occupancy of any premises where cigarettes are placed, sold,
or offered for sale is hereby directed and required to give the attorney general and the
state fire marshal the means, facilities, and opportunity for the examinations authorized
by this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 14.

new text begin [299F.858] SALE OUTSIDE OF MINNESOTA.
new text end

new text begin Sections 299F.850 to 299F.858 do not prohibit any person or entity from
manufacturing or selling cigarettes that do not meet the requirements of section 299F.851
if the cigarettes are or will be stamped for sale in another state or are packaged for sale
outside the United States and that person or entity has taken reasonable steps to ensure
that such cigarettes will not be sold or offered for sale to persons located in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the first day of the 19th month
following the date of its final enactment.
new text end

Sec. 15.

Minnesota Statutes 2006, section 325E.21, is amended to read:

325E.21 DEALERS IN deleted text begin WIRE AND CABLE deleted text end new text begin SCRAP METAL new text end ; RECORDS
deleted text begin AND deleted text end new text begin , new text end REPORTS new text begin , AND REGISTRATION new text end .

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (b) "Person" means an individual, partnership, limited partnership, limited liability
company, corporation, or other entity.
new text end

new text begin (c) "Scrap metal" means:
new text end

new text begin (1) wire and cable commonly and customarily used by communication and electric
utilities; and
new text end

new text begin (2) copper, aluminum, or any other metal purchased primarily for its reuse or
recycling value as raw metal, including metal that is combined with other materials
at the time of purchase.
new text end

new text begin (d) "Scrap metal dealer" or "dealer" means a person engaged in the business of
buying and selling scrap metal, but does not include a person engaged exclusively in the
business of buying or selling new or used motor vehicles or motor vehicle parts, paper or
wood products, rags or furniture, or secondhand machinery.
new text end

new text begin (e) "Municipality" means any town, home rule charter or statutory city, or county
that has one or more scrap metal dealers within its jurisdiction.
new text end

new text begin (f) "Law enforcement agency" means a duly authorized municipal, county, state, or
federal law enforcement agency.
new text end

deleted text begin Subdivision 1. deleted text end new text begin Subd. 1a. new text end

Purchase or acquisition record required.

new text begin (a) new text end Every
deleted text begin person, firm or corporation deleted text end new text begin scrap metal dealer new text end , including an agent, employee new text begin , new text end or
representative deleted text begin thereof deleted text end new text begin of the dealer new text end , deleted text begin engaging in the business of buying and selling wire
and cable commonly and customarily used by communication and electric utilities deleted text end shall
keep a new text begin written new text end record deleted text begin , in the English language, legibly written in ink or typewriting, deleted text end at the
time of each purchase or acquisition deleted text begin , deleted text end new text begin of scrap metal. The record must include:
new text end

new text begin (1) new text end an accurate account or description, including the weight if customarily purchased
by weight, of deleted text begin such wire and cable commonly and customarily used by communication and
electric utilities deleted text end new text begin the scrap metal new text end purchased or acquired deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the date, time new text begin , new text end and place of the receipt of the same deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end the name and address of the person selling or delivering the same deleted text begin and deleted text end new text begin ;
new text end

new text begin (4) the number of the check used to purchase the scrap metal;
new text end

new text begin (5) new text end the number of the new text begin person's new text end driver's license deleted text begin of such person deleted text end new text begin , Minnesota
identification card number, or other identification document number of an identification
document issued for identification purposes by any state, federal, or foreign government if
the document includes the applicant's photograph, full name, birth date, and signature; and
new text end

new text begin (6) the license plate number and description of the vehicle used by the person when
delivering the scrap metal, and any identifying marks on the vehicle, such as a business
name, decals, or markings, if applicable new text end .

deleted text begin Such deleted text end new text begin (b) The new text end record, as well as deleted text begin such wire and cable commonly and customarily used
by communication and electric utilities deleted text end new text begin the scrap metal new text end purchased or received, shall at all
reasonable times be open to the inspection of any deleted text begin sheriff or deputy sheriff of the county,
or of any police officer in any incorporated city or statutory city, in which such business
may be carried on deleted text end new text begin law enforcement agency new text end .

deleted text begin Such deleted text end new text begin (c) The new text end person shall not be required to furnish or keep such record of any
property purchased from merchants, manufacturers or wholesale dealers, having an
established place of business, or of any goods purchased at open sale from any bankrupt
stock, but a bill of sale or other evidence of open or legitimate purchase of deleted text begin such deleted text end new text begin the new text end
property shall be obtained and kept by deleted text begin such deleted text end new text begin the new text end person which must be shown upon demand
to deleted text begin the sheriff or deputy sheriff of the county, or to any police officer in any incorporated
city or statutory city, in which such business may be carried on. The provisions of
this subdivision and of subdivision 2 shall not apply to or include any person, firm or
corporation engaged exclusively in the business of buying or selling motor vehicles,
new or used, paper or wood products, rags or furniture, secondhand machinery deleted text end new text begin any law
enforcement agency new text end .

new text begin (d) Except as otherwise provided in this section, a scrap metal dealer may not
disclose personal information concerning a customer without the customer's consent
unless the disclosure is made in response to a request from a law enforcement agency.
For purposes of this paragraph, "personal information" is any individually identifiable
information gathered in connection with a record under paragraph (a). Data collected by
a law enforcement agency under this paragraph are private data on individuals to the
extent that it would reveal the identity of persons who are customers of a scrap metal
dealer, and public data to the extent that it describes property in a regulated transaction
with a scrap metal dealer.
new text end

Subd. 2.

deleted text begin Sheriff's copy of record required. deleted text end

deleted text begin It shall be the duty of every such
person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or
mail to the office of the sheriff of the county in which business is conducted, not later than
the second business day of each week, a legible and correct copy of the record required
in subdivision 1 of the entries during the preceding week. In the event such person, firm
or corporation has not made any purchases or acquisitions required to be recorded under
subdivision 1 hereof during the preceding week no report need be submitted to the sheriff
under this subdivision.
deleted text end

deleted text begin Subd. 3. deleted text end

Retention required.

Records required to be maintained by subdivision
deleted text begin 1 hereof deleted text end new text begin 1a new text end shall be retained by the person making them for a period of three years.

new text begin Subd. 3. new text end

new text begin Payment by check required. new text end

new text begin A scrap metal dealer shall pay for all
scrap metal purchases only by check for purchases greater than $100. For purposes of
this section, "check" means a check, draft, or other negotiable or nonnegotiable order of
withdrawal which is drawn against funds held by a financial institution.
new text end

new text begin Subd. 4. new text end

new text begin Video security cameras required. new text end

new text begin (a) The scrap metal dealer shall install
and maintain at each licensed location video surveillance cameras, still digital cameras,
or similar devices positioned to record or photograph a frontal view showing the face of
each seller or prospective seller of scrap metal who enters the licensed location. The scrap
metal dealer shall also photograph the seller's or prospective seller's vehicle, including
license plate, either by video camera or still digital camera, so that an accurate and
complete description of it may be obtained from the recordings made by the cameras. The
video camera or still digital camera must be kept in operating condition. The camera must
record and display the accurate date and time. The video camera must be turned on at
all times when the licensed location is open for business and at any other time when
scrap metal is purchased.
new text end

new text begin (b) If the scrap metal dealer does not purchase some or any scrap metal at a specific
business location, the dealer need not comply with this subdivision with respect to those
purchases.
new text end

new text begin Subd. 5. new text end

new text begin Registration required. new text end

new text begin Every scrap metal dealer must register with, pay
an annual fee of $50 to, and actively participate in, the Minnesota Crime Alert Network
under the Minnesota Bureau of Criminal Apprehension. The scrap metal dealer also must
implement aggressive management practices to minimize the purchase of stolen materials.
Scrap processors should develop a training program for scale operators and receiving
personnel on how to identify suspicious materials.
new text end

new text begin Subd. 6. new text end

new text begin Criminal penalty. new text end

new text begin A scrap metal dealer, or the agent, employee, or
representative of the dealer, who intentionally violates a provision of this section is guilty
of a misdemeanor.
new text end

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin A scrap metal dealer may purchase aluminum cans without
complying with subdivisions 1a to 5.
new text end

new text begin Subd. 8. new text end

new text begin Property held by law enforcement. new text end

new text begin (a) Whenever a law enforcement
official from any agency has reason to believe that property in the possession of a dealer
is stolen or is evidence of a crime and notifies a dealer not to sell an item, the item
must not be sold or removed from the premises. The investigative hold must be made
within 72 hours and remains in effect for not more than 90 days from the date of initial
notification, or until the investigative order is canceled, or until an order to confiscate
is issued, whichever comes first.
new text end

new text begin (b) If an item is identified as stolen or evidence in a criminal case, the law
enforcement official may:
new text end

new text begin (1) physically confiscate and remove it from the dealer, pursuant to a written order
from the law enforcement official; or
new text end

new text begin (2) place the item on hold or extend the hold as provided in this section and leave
it in the shop.
new text end

new text begin (c) When an item is confiscated, the person doing so shall provide identification
upon request of the dealer, and shall provide the dealer the name and telephone number of
the confiscating agency and investigator, and the case number related to the confiscation.
new text end

new text begin (d) A dealer may request confiscated property be returned in accordance with
section 626.04.
new text end

new text begin (e) When an order to hold or confiscate is no longer necessary, the law enforcement
official shall so notify the dealer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007.
new text end

Sec. 16.

Minnesota Statutes 2006, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Random searches. new text end

new text begin (a) This subdivision applies to offenders who are
convicted of a violent crime, as defined in section 609.1095, involving the sale, use, or
possession of a controlled substance or a dangerous weapon.
new text end

new text begin (b) When an offender is placed on probation, the offender, as a condition of being
released on probation, consents to a search of the offender's person and any motor vehicle
driven by the offender. The search may be conducted on demand by any probation
officer or peace officer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 17.

Minnesota Statutes 2006, section 641.05, is amended to read:

641.05 RECORD OF INMATES; RETURN TO COURT.

new text begin (a) new text end Every sheriff shall, at the expense of the county, maintain a permanent record of
all persons committed to any jail under the sheriff's charge. It shall contain the name of
every person committed, by what authority, residence, date of commitment, and, if for a
criminal offense, a description of the person, when and by what authority liberated, and,
in case of escape, the time and manner thereof. At the opening of each term of district
court the sheriff shall make a certified transcript therefrom to such court, showing all
cases therein not previously disposed of.

new text begin (b) Upon intake into the jail facility, the name of the committed person shall be
checked against the Bureau of Criminal Apprehension predatory offender registration
database to determine whether the person is a registered offender. In the event that the
person is registered, the sheriff or designee shall notify the bureau of the person's admission
into the jail facility. At the time of discharge from the facility, the sheriff or designee will
provide the person with a change of information form for the purposes of reporting the
address where the person will be living upon release from the facility. new text end Every sheriff who
new text begin intentionally new text end neglects or refuses to so report shall be guilty of a gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 18. new text begin REPEAL BY PREEMPTION.
new text end

new text begin Minnesota Statutes, sections 299F.850 to 299F.858, are repealed if a federal reduced
cigarette ignition propensity standard that preempts this act is adopted and becomes
effective.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

ARTICLE 9

EMERGENCY COMMUNICATIONS

Section 1.

Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:

Subd. 4.

Use of furnished information.

new text begin (a) new text end Names, addresses, and telephone
numbers provided to a 911 system under subdivision 3 are private data and may be used
only deleted text begin for deleted text end deleted text begin identifying deleted text end new text begin : (1) to identify new text end the location or identity, or both, of a person calling
a 911 public safety answering point new text begin ; or (2) by a public safety answering point to notify
the public of an emergency new text end . The information furnished under subdivision 3 may not be
used or disclosed by 911 system agencies, their agents, or their employees for any other
purpose except under a court order.

new text begin (b) For purposes of paragraph (a), the term "emergency" means a situation in which
property or human life is in jeopardy and the prompt notification of the public by the
public safety answering point is essential.
new text end

new text begin (c) A telecommunications service provider that participates or cooperates with the
public safety answering point in the notification of the public is exempt from liability
pursuant to section 403.07, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee; account.

(a) Each
customer of a wireless or wire-line switched or packet-based telecommunications service
provider connected to the public switched telephone network that furnishes service capable
of originating a 911 emergency telephone call is assessed a fee based upon the number
of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.

(b) Money remaining in the 911 emergency telecommunications service account
after all other obligations are paid must not cancel and is carried forward to subsequent
years and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications
services. The improvements may include providing access to 911 service for
telecommunications service subscribers currently without access and upgrading existing
911 service to include automatic number identification, local location identification,
automatic location identification, and other improvements specified in revised county
911 plans approved by the commissioner.

(c) The fee may not be less than eight cents nor more than 65 cents a month new text begin until
June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
not less than eight cents nor more than 95 cents a month on or after July 1, 2010, new text end for
each customer access line or other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge purposes and including
wireless telecommunications services. With the approval of the commissioner of finance,
the commissioner of public safety shall establish the amount of the fee within the limits
specified and inform the companies and carriers of the amount to be collected. When the
revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
no longer needed. The commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same for all customers.

(d) The fee must be collected by each wireless or wire-line telecommunications
service provider subject to the fee. Fees are payable to and must be submitted to the
commissioner monthly before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a month is due, or annually if
less than $25 a month is due. Receipts must be deposited in the state treasury and credited
to a 911 emergency telecommunications service account in the special revenue fund. The
money in the account may only be used for 911 telecommunications services.

(e) This subdivision does not apply to customers of interexchange carriers.

(f) The installation and recurring charges for integrating wireless 911 calls into
enhanced 911 systems are eligible for payment by the commissioner if the 911 service
provider is included in the statewide design plan and the charges are made pursuant to
contract.

(g) Competitive local exchanges carriers holding certificates of authority from the
Public Utilities Commission are eligible to receive payment for recurring 911 services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Fee collection declaration. new text end

new text begin If the commissioner disputes the
accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or
packet-based telecommunications service provider, the wireless, wire-line, or packet-based
telecommunications service provider shall submit a sworn declaration signed by an officer
of the company certifying, under penalty of perjury, that the information provided with
the fee submission is true and correct. The sworn declaration must specifically describe
and affirm that the 911 fee computation is complete and accurate. When a wireless,
wire-line, or packet-based telecommunications service provider fails to provide a sworn
declaration within 90 days of notice by the commissioner that the fee submission is
disputed, the commissioner may estimate the amount due from the wireless, wire-line, or
packet-based telecommunications service provider and refer that amount for collection
under section 16D.04.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Fee audit. new text end

new text begin If the commissioner determines that an audit is necessary
to document the fee submission and sworn declaration in subdivision 1a, the wireless,
wire-line, or packet-based telecommunications service provider must contract with an
independent certified public accountant to conduct an audit. The audit must be conducted
in accordance with generally accepted auditing standards.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:

Subdivision 1.

Allocation of operating costs.

deleted text begin The current costs of the board
in implementing the regionwide public safety radio communication plan system and
the first and second phase systems shall be allocated among and paid by the following
users, all in accordance with the regionwide public safety radio system communication
plan adopted by the board:
deleted text end

deleted text begin (1) the state of Minnesota for its operations using the system in the metropolitan
counties;
deleted text end

deleted text begin (2) all local government units using the system; and
deleted text end

deleted text begin (3) other eligible users of the system. deleted text end new text begin (a) The ongoing costs of the commissioner
not otherwise appropriated in operating the statewide public safety radio communication
system shall be allocated among and paid by the following users, all in accordance with
the statewide public safety radio communication system plan under section 403.36:
new text end

new text begin (1) the state of Minnesota for its operations using the system;
new text end

new text begin (2) all local government units using the system; and
new text end

new text begin (3) other eligible users of the system.
new text end

new text begin (b) Each local government and other eligible users of the system shall pay to
the commissioner all sums charged under this section, at the times and in the manner
determined by the commissioner. The governing body of each local government shall
take all action necessary to provide the money required for these payments and to make
the payments when due.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 403.31, subdivision 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end