2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; eliminating certain provisions 1.3 that have been ruled unconstitutional; amending 1.4 Minnesota Statutes 1996, sections 211B.04; 211B.06, 1.5 subdivision 1; 253B.23, subdivision 2; and 609.165, by 1.6 adding a subdivision; Minnesota Statutes 1997 1.7 Supplement, section 201.15, subdivision 1. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1997 Supplement, section 1.10 201.15, subdivision 1, is amended to read: 1.11 Subdivision 1. [GUARDIANSHIPS
,AND INCOMPETENTS AND1.12 PSYCHOPATHS.] The state court administrator shall report monthly 1.13 to the secretary of state the name, address, and date of birth 1.14 of each individual 18 years of age or over, who during the month 1.15 preceding the date of the report: 1.16 (a) was placed under a guardianship of the person; or 1.17 (b) was adjudged legally incompetent by reason of mental 1.18 illness, mental deficiency, or inebriation ; or1.19 (c) was adjudged a sexually dangerous person or a person1.20 with a sexual psychopathic personality. 1.21 The court administrator shall also report the same 1.22 information for each individual transferred to the jurisdiction 1.23 of the court who meets a condition specified in clause 1.24 (a) ,or (b) , or (c). The secretary of state shall determine if 1.25 any of the persons in the report is registered to vote and shall 1.26 prepare a list of those registrants for the county auditor. The 2.1 county auditor shall change the status on the record in the 2.2 statewide registration system of any individual named in the 2.3 report to indicate that the individual is not eligible to 2.4 reregister or vote. 2.5 Sec. 2. Minnesota Statutes 1996, section 211B.04, is 2.6 amended to read: 2.7 211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 2.8 (a) A person who participates in the preparation or 2.9 dissemination of campaign material other than as provided in 2.10 section 211B.05, subdivision 1, that does not prominently 2.11 include the name and address of the person or committee causing 2.12 the material to be prepared or disseminated in a disclaimer 2.13 substantially in the form provided in paragraph (b) or (c) is 2.14 guilty of a misdemeanor. 2.15 (b) Except in cases covered by paragraph (c), the required 2.16 form of disclaimer is: "Prepared and paid for by the .......... 2.17 committee, .........(address)" for material prepared and paid 2.18 for by a principal campaign committee, or "Prepared and paid for 2.19 by the .......... committee, .........(address), in support of 2.20 .........(insert name of candidate or ballot question)" for 2.21 material prepared and paid for by a person or committee other 2.22 than a principal campaign committee. 2.23 (c) In the case of broadcast media, the required form of 2.24 disclaimer is: "Paid for by the ............ committee." 2.25 (d) Campaign material that is not circulated on behalf of a 2.26 particular candidate or ballot question must also include in the 2.27 disclaimer either that it is "in opposition to .....(insert name 2.28 of candidate or ballot question.....)"; or that "this 2.29 publication is not circulated on behalf of any candidate or 2.30 ballot question." 2.31 (e) This section does not apply to objects stating only the 2.32 candidate's name and the office sought, fundraising tickets, or 2.33 personal letters that are clearly being sent by the candidate. 2.34 (f) This section does not apply to an individual acting 2.35 independently of any candidate, political committee, or 2.36 political fund who spends for campaign material that is 3.1 distributed more than 14 days before the election to which the 3.2 campaign material relates, and only from the individual's own 3.3 resources, a sum that is less than $300. 3.4 (f)(g) This section does not modify or repeal section 3.5 211B.06. 3.6 (h) It is a defense to a prosecution for failure to include 3.7 a disclaimer required by this section for the defendant to prove 3.8 by a preponderance of the evidence that the defendant reasonably 3.9 and in good faith believed that compliance with the disclaimer 3.10 requirement could expose the defendant to threats of, or actual, 3.11 reprisal, loss of employment, or physical coercion. 3.12 Sec. 3. Minnesota Statutes 1996, section 211B.06, 3.13 subdivision 1, is amended to read: 3.14 Subdivision 1. [GROSS MISDEMEANOR.] A person is guilty of 3.15 a gross misdemeanor who intentionally participates in the 3.16 preparation, dissemination, or broadcast of paid political 3.17 advertising or campaign material with respect to the personal or 3.18 political character or acts of a candidate, whether or not3.19 defamatory,or with respect to the effect of a ballot question, 3.20 that the person knows or has reason to believe is false andthat 3.21 is designed or tends to elect, injure, promote, or defeat a 3.22 candidate for nomination or election to a public office or to 3.23 promote or defeat a ballot question, that is false, and that the 3.24 person knows is false or communicates to others with reckless 3.25 disregard of whether it is false. 3.26 A person is guilty of a misdemeanor who intentionally 3.27 participates in the drafting of a letter to the editor with 3.28 respect to the personal or political character or acts of a 3.29 candidate, if defamatory,or with respect to the effect of a 3.30 ballot question, that the person knows is false and whichis 3.31 designed or tends to elect, injure, promote, or defeat any 3.32 candidate for nomination or election to a public office or to 3.33 promote or defeat a ballot question, that is false, and that the 3.34 person knows is false or communicates to others with reckless 3.35 disregard of whether it is false. 3.36 Sec. 4. Minnesota Statutes 1996, section 253B.23, 4.1 subdivision 2, is amended to read: 4.2 Subd. 2. [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 4.3 as otherwise provided in this chapter and in sections 4.4 246.15 and, 246.16, and 609.165, no person by reason of 4.5 commitment or treatment pursuant to this chapter shall be 4.6 deprived of any legal right, including but not limited to the 4.7 right to dispose of property, sue and be sued, execute 4.8 instruments, make purchases, enter into contractual 4.9 relationships, vote, and hold a driver's license. Commitment or 4.10 treatment of any patient pursuant to this chapter is not a 4.11 judicial determination of legal incompetency except to the 4.12 extent provided in section 253B.03, subdivision 6. 4.13 (b) Proceedings for determination of legal incompetency and 4.14 the appointment of a guardian for a person subject to commitment 4.15 under this chapter may be commenced before, during, or after 4.16 commitment proceedings have been instituted and may be conducted 4.17 jointly with the commitment proceedings. The court shall notify 4.18 the head of the treatment facility to which the patient is 4.19 committed of a finding that the patient is incompetent. 4.20 (c) Where the person to be committed is a minor or owns 4.21 property of value and it appears to the court that the person is 4.22 not competent to manage a personal estate, the court shall 4.23 appoint a general or special guardian or conservator of the 4.24 person's estate as provided by law. 4.25 Sec. 5. Minnesota Statutes 1996, section 609.165, is 4.26 amended by adding a subdivision to read: 4.27 Subd. 1c. [SEXUALLY DANGEROUS PERSONS AND PERSONS WITH 4.28 PSYCHOPATHIC PERSONALITIES.] Notwithstanding subdivision 1, a 4.29 person who has been deprived of civil rights by reason of 4.30 conviction of a crime is not restored to civil rights as long as 4.31 the person remains civilly committed under section 253B.185 or 4.32 Minnesota Statutes 1992, section 526.10. 4.33 Sec. 6. [EFFECTIVE DATE.] 4.34 This act is effective the day following final enactment. 4.35 Section 3 applies to offenses committed on or after its 4.36 effective date. Section 5 applies to discharges under Minnesota 5.1 Statutes, section 609.165, subdivision 2, that occur on or after 5.2 its effective date.