SF 2468

as introduced - 91st Legislature (2019 - 2020) Posted on 08/29/2019 11:38am

A bill for an act
relating to public safety; amending various provisions related to predatory offender
registration; modifying provisions governing the Statewide Emergency
Communication Board; modifying requirements for wheelchair securement devices;
amending Minnesota Statutes 2018, sections 171.07, subdivision 1a; 243.166,
subdivisions 1a, 1b, 2, 4, 4a, 4c, 5, 6, 7, 7a, by adding a subdivision; 299A.12,
subdivisions 1, 2, 3; 299A.13; 299A.14, subdivision 3; 299C.093; 403.21,
subdivision 7a; 403.36, subdivisions 1, 1b, 1c, 1d; 403.37, subdivision 12; 403.382,
subdivisions 1, 8; repealing Minnesota Statutes 2018, sections 299A.12, subdivision
4; 299A.18.

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

ARTICLE 1

PREDATORY OFFENDER REGISTRATION

Section 1.

Minnesota Statutes 2018, section 171.07, subdivision 1a, is amended to read:

Subd. 1a.

Filing photograph or image; data classification.

The department shall file,
or contract to file, all photographs or electronically produced images obtained in the process
of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to
provide copies of photographs or electronically produced images to data subjects. The use
of the files is restricted:

(1) to the issuance and control of drivers' licenses;

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, new text begin location of individuals required to register under section 243.166
or 243.167, new text end and supervision of offenders;

(3) to public defenders, as defined in section 611.272, for the investigation and preparation
of cases for criminal, juvenile, and traffic courts;

(4) to child support enforcement purposes under section 256.978; and

(5) to a county medical examiner or coroner as required by section 390.005 as necessary
to fulfill the duties under sections 390.11 and 390.25.

Sec. 2.

Minnesota Statutes 2018, section 243.166, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.

(b) "Bureau" means the Bureau of Criminal Apprehension.

new text begin (c) "Corrections agent" means a county or state probation agent or other corrections
employee. Corrections agent also includes employees of the federal government who work
with a person subject to this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Dwelling" means the building where the person lives under a formal or informal
agreement to do so. However, dwelling does not include a supervised publicly or privately
operated shelter or facility designed to provide temporary living accommodations for
homeless individuals as defined in section 116L.361, subdivision 5.

deleted text begin (d) deleted text end new text begin (e) new text end "Incarceration" and "confinement" do not include electronic home monitoring.

deleted text begin (e) deleted text end new text begin (f) new text end "Law enforcement authority" or "authority" means deleted text begin , with respect to deleted text end new text begin the chief of
police of new text end a home rule charter or statutory city deleted text begin , the chief of police, deleted text end and deleted text begin with respect to deleted text end new text begin the
county sheriff of new text end an unincorporated area deleted text begin , the county sheriff deleted text end new text begin in that county new text end . new text begin An authority
must be located in Minnesota.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

deleted text begin (g) deleted text end new text begin (h) new text end "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much specificity as possible.

deleted text begin (h) deleted text end new text begin (i) new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.

deleted text begin (i) deleted text end new text begin (j) new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as possible.
However, the location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless individuals as defined
in section 116L.361, subdivision 5, does not constitute a secondary address.

deleted text begin (j) deleted text end new text begin (k) new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.

deleted text begin (k) deleted text end new text begin (l) new text end "Work" includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.

Sec. 3.

Minnesota Statutes 2018, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit new text begin any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
new text end

new text begin (i) new text end criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

new text begin (ii) new text end false imprisonment in violation of section 609.255, subdivision 2;

new text begin (iii) new text end solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;

new text begin (iv) new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

new text begin (v) new text end soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

new text begin (vi) new text end using a minor in a sexual performance in violation of section 617.246; or

new text begin (vii) new text end possessing pornographic work involving a minor in violation of section 617.247 deleted text begin ,
and convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstances deleted text end ;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; deleted text begin or
deleted text end

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) the person was charged with or petitioned for a violation of a law similar to an offense
described in clause (1), (2), (3), or (4) in another country where there are sufficient safeguards
for fundamental fairness and due process for the accused and the person was convicted of
or adjudicated delinquent for that offense or another offense arising out of the same set of
circumstances.
new text end

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer new text begin or for an aggregate period of time exceeding 30 days during
any calendar year new text end ; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state new text begin or country new text end in which the person has been convicted
or adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state new text begin or country new text end or is subject to lifetime registration, the person shall register for that time
period regardless of when the person was released from confinement, convicted, or
adjudicated delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state deleted text begin or deleted text end new text begin , new text end the
United States, new text begin or another country, new text end regardless of whether the person was convicted of any
offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state deleted text begin or deleted text end new text begin , new text end
the United States, new text begin or another country, new text end or the person was charged with or petitioned for a
violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another
state deleted text begin or deleted text end new text begin , new text end the United States new text begin , or another country new text end ;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states new text begin or countries new text end with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state deleted text begin or deleted text end new text begin , new text end the United States new text begin , or another country new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 243.166, subdivision 2, is amended to read:

Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may be
made available to the public through electronic, computerized, or other accessible means.
The court may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form stating that the
duty of the person to register under this section has been explained. The court shall deleted text begin forward deleted text end new text begin
make available new text end the signed deleted text begin sex offender registration deleted text end new text begin court notification new text end form, the complaint,
and sentencing documents to the bureau. If a person required to register under subdivision
1b, paragraph (a), was not notified by the court of the registration requirement at the time
of sentencing or disposition, the assigned corrections agent shall notify the person of the
requirements of this section. new text begin If a person required to register under subdivision 1b, paragraph
(a), was not notified by the court of the registration requirement at the time of sentencing
or disposition and does not have a corrections agent, the law enforcement authority with
jurisdiction over the person's primary address shall notify the person of the requirements. new text end
When a person who is required to register under subdivision 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration information required
under this section and forward it to the bureau.

Sec. 5.

Minnesota Statutes 2018, section 243.166, subdivision 4, is amended to read:

Subd. 4.

Contents of registration.

(a) The registration provided to the corrections agent
or law enforcement authority, must consist of a statement in writing signed by the person,
giving information required by the bureau, fingerprints, new text begin biological specimen for DNA
analysis as defined under section 299C.155, subdivision 1, new text end and photograph of the person
taken at the time of the person's release from incarceration or, if the person was not
incarcerated, at the time the person initially registered under this section. The registration
information also must include a written consent form signed by the person allowing a
treatment facility or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a treatment facility or
residential housing unit or shelter. Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state deleted text begin or deleted text end new text begin , new text end the United States, new text begin or another country, new text end in addition to other information
required by this section, the registration provided to the corrections agent or law enforcement
authority must include the person's offense history and documentation of treatment received
during the person's commitment. This documentation is limited to a statement of how far
the person progressed in treatment during commitment.

(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the
person has registered with the law enforcement authority in the area of the person's primary
address, if any, or if the person lacks a primary address, where the person is staying, as
required by subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall deleted text begin send one copy to deleted text end new text begin notify new text end that authority.

(d) The corrections agent or law enforcement authority may require that a person required
to register under this section appear before the agent or authority to be photographed. The
agent or authority shall deleted text begin forward deleted text end new text begin submit new text end the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority may photograph any offender
at a time and frequency chosen by the agent or authority.

(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

(e) During the period a person is required to register under this section, the following
provisions apply:

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form as
required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph deleted text begin , deleted text end if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.

(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form deleted text begin , stating on the form the current and last address of the person's
residence and the other information required under subdivision 4a deleted text end . new text begin The person cannot change
any registration information as part of the verification process.
new text end

(3) In addition to the requirements listed in this section, an offender who is no longer
under correctional supervision for a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section. If the person resides in Minnesota,
the in-person contact shall be with the law enforcement authority that has jurisdiction over
the person's primary address or, if the person has no address, the location where the person
is staying. If the person does not reside in Minnesota but works or attends school in this
state, the person shall have an in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the
person's birth date, the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory offender
registration database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form, or if the person fails to report to the law enforcement
authority during the month of the person's birth date, the person is in violation of this section.

(5) For any person who fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form and who has been determined to be new text begin subject
to community notification pursuant to section 253D.32 or is new text end a risk level III offender under
section 244.052, the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with this section.
The bureau also shall immediately give notice of the person's violation of this section to the
law enforcement authority having jurisdiction over the person's last registered new text begin primary new text end
address deleted text begin or addresses deleted text end .

new text begin (6) A law enforcement authority may determine whether the person is at that person's
primary address, secondary address, or school or work location, if any, or the accuracy of
any other information required under subdivision 4a if the person whose primary address,
secondary address, or school or work location, if any, is within the authority's jurisdiction,
regardless of the assignment of a corrections agent.
new text end

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state deleted text begin or deleted text end new text begin , new text end the United States, new text begin or another country, new text end the bureau shall comply with clause
(1) at least deleted text begin four deleted text end new text begin two new text end times each year. For persons who, under section 244.052, are assigned
to risk level III and who are no longer under correctional supervision for a registration
offense or a failure to register offense, the bureau shall comply with clause (1) at least two
times each year. For all other persons required to register under this section, the bureau shall
comply with clause (1) each year within 30 days of the anniversary date of the person's
initial registration.

(f) deleted text begin When sending out a verification form, the bureau shall determine whether the person
to whom the verification form is being sent has signed a written consent form as provided
for in paragraph (a). If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same time as the
verification form. deleted text end new text begin For persons registered under this section on the effective date of this
section, each person, on or before one year from that date, must provide a biological specimen
for the purpose of DNA analysis to the probation agency or law enforcement authority
where that person is registered. A person who provides or has provided a biological specimen
for the purpose of DNA analysis under chapter 299C or section 609.117 meets the
requirements of this paragraph.
new text end

new text begin (g) For persons registered under this section on the effective date of this section, each
person, on or before one year from that date, must provide fingerprints to the probation
agency or law enforcement authority where that person is registered.
new text end

Sec. 6.

Minnesota Statutes 2018, section 243.166, subdivision 4a, is amended to read:

Subd. 4a.

Information required to be provided.

(a) A person required to register under
this section shall provide to the corrections agent or law enforcement authority the following
information:

(1) the person's primary address;

(2) all of the person's secondary addresses in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased, or rented by the person;

(4) the addresses of all locations where the person is employed;

(5) the addresses of all schools where the person is enrolled; deleted text begin and
deleted text end

(6) the year, model, make, license plate number, and color of all motor vehicles owned
or regularly driven by the person deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) the expiration year for the motor vehicle license plate tabs of all motor vehicles
owned by the person; and
new text end

new text begin (8) all telephone numbers including work, school, and home and any cellular telephone
service.
new text end

(b) The person shall report to the agent or authority the information required to be
provided under paragraph (a), clauses (2) to deleted text begin (6) deleted text end new text begin (8) new text end , within five days of the date the clause
becomes applicable. If because of a change in circumstances any information reported under
paragraph (a), clauses (1) to deleted text begin (6) deleted text end new text begin (8) new text end , no longer applies, the person shall immediately inform
the agent or authority that the information is no longer valid. If the person leaves a primary
address and does not have a new primary address, the person shall register as provided in
subdivision 3a.

Sec. 7.

Minnesota Statutes 2018, section 243.166, subdivision 4c, is amended to read:

Subd. 4c.

Notices in writing; signed.

All notices required by this section must be in
writing and signed by the person required to register. new text begin For purposes of this section, a signature
is as defined in section 645.44, subdivision 14, by an electronic method established by the
bureau, or by use of a biometric for the person. If a biometric is used, the person must
provide a sample that is forwarded to the bureau so that it can be maintained for comparison
purposes to verify the person's identity.
new text end

Sec. 8.

Minnesota Statutes 2018, section 243.166, is amended by adding a subdivision to
read:

new text begin Subd. 4d. new text end

new text begin Travel. new text end

new text begin (a) A person required to register under this section who intends to
travel outside the boundaries of the United States must appear in person to notify the person's
corrections agent or the law enforcement authority with jurisdiction over the person's primary
address of the travel plans. The person must provide:
new text end

new text begin (1) anticipated departure date;
new text end

new text begin (2) place of departure;
new text end

new text begin (3) place of arrival or return;
new text end

new text begin (4) carrier and flight numbers for air travel;
new text end

new text begin (5) destination country and address or other contact information;
new text end

new text begin (6) means and purpose of travel;
new text end

new text begin (7) visa information, if any; and
new text end

new text begin (8) any other itinerary information requested by the corrections agent or law enforcement
authority.
new text end

new text begin (b) The notice must be provided at least 21 calendar days before the departure date and
forwarded to the bureau within one business day of receipt. If it is not possible to give 21
calendar days' notice due to an emergency or a work assignment, the person is required to
notify the corrections agent or the law enforcement authority with jurisdiction over the
person's primary address as soon as possible prior to departure. If the travel is due to an
emergency, the person must provide a copy of the message conveying the emergency that
includes the date and time sent and the source of the information. If the travel is the result
of a work assignment, the employer must provide the date the employee was informed of
the need to travel and the nature of the work to be performed.
new text end

new text begin (c) The corrections agent or law enforcement authority must forward the notification to
the bureau as soon as possible after receipt. The bureau must forward the international travel
information to the United States Marshals Service pursuant to International Megan's Law,
Public Law 114-119.
new text end

new text begin (d) A person required to register under this section who is assigned a corrections agent
must receive the corrections agent's approval for all international travel. Nothing in this
subdivision requires a corrections agent to approve of travel that is inconsistent with the
terms of the offender's supervision.
new text end

Sec. 9.

Minnesota Statutes 2018, section 243.166, subdivision 5, is amended to read:

Subd. 5.

Criminal penalty.

(a) A person required to register under this section who new text begin was
given notice, knows, or reasonably should know of the duty to register and who:
new text end

new text begin (1) new text end knowingly new text begin commits an act or fails to fulfill a requirement that new text end violates any deleted text begin of its
provisions deleted text end new text begin provision of this section; new text end or

new text begin (2) new text end intentionally provides false information to a corrections agent, law enforcement
authority, or the bureau 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.

(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a)
shall be committed to the custody of the commissioner of corrections for not less than a
year and a day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state
deleted text begin or deleted text end new text begin , new text end the United States, new text begin or another country, new text end shall be committed to the custody of the
commissioner of corrections for not less than two years, nor more than five years.

(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling
reasons to do so. Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.

(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 243.166, subdivision 6, is amended to read:

Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section 609.165,
subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.

(b) new text begin The commissioner of public safety shall require a person to continue to register for
an additional period of five years new text end if deleted text begin a deleted text end new text begin the new text end person required to register under this section fails
to new text begin :
new text end

new text begin (1) new text end provide the person's primary address as required by subdivision 3, paragraph (b) deleted text begin ,
fails to deleted text end new text begin ;
new text end

new text begin (2) new text end comply with the requirements of subdivision 3a deleted text begin , fails to deleted text end new text begin ;
new text end

new text begin (3) new text end provide information as required by deleted text begin subdivision deleted text end new text begin subdivisions new text end 4a deleted text begin , or fails to deleted text end new text begin and 4d;
new text end

new text begin (4) new text end return the verification form referenced in subdivision 4 within ten days deleted text begin , the
commissioner of public safety shall require the person to continue to register for an additional
period of five years. deleted text end new text begin ;
new text end

new text begin (5) remain at the primary address of record; or
new text end

new text begin (6) sign a registration form, verification form, or change of information form.
new text end

This five-year period is added to the end of the offender's registration period. new text begin In addition,
if the person is not in compliance at the end of the registration period, the commissioner
shall require the person to continue to register for an additional period of two years.
new text end

(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense new text begin , new text end or following a revocation of probation, supervised release, or conditional
release for any offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state new text begin , another
country, new text end or any federal offense similar to the offenses described in subdivision 1b, and the
person has a prior conviction or adjudication for an offense for which registration was or
would have been required under subdivision 1b, or an offense from another state new text begin , another
country, new text end or a federal offense similar to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state deleted text begin or deleted text end new text begin , new text end the United States new text begin , or another country new text end ;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state deleted text begin or deleted text end new text begin , new text end the
United States new text begin , or another country new text end similar to the offenses described in this clause; or

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state deleted text begin or deleted text end new text begin , new text end the United States new text begin , or another country new text end .

(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a state new text begin or another country new text end in which the person has been previously convicted or
adjudicated delinquent, shall register under this section for the time period required by the
state of conviction or adjudication unless a longer time period is required elsewhere in this
section.

Sec. 11.

Minnesota Statutes 2018, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556. new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057.
new text end

(c) The commissioner of human services is authorized to have access to the data for:

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

Sec. 12.

Minnesota Statutes 2018, section 243.166, subdivision 7a, is amended to read:

Subd. 7a.

Availability of information on offenders who are out of compliance with
registration law.

(a) The bureau may make information available to the public about
offenders who are 16 years of age or older and who are out of compliance with this section
for 30 days or longer for failure to new text begin :
new text end

new text begin (1) new text end provide the offenders' primary deleted text begin or secondary deleted text end addresses deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) comply with the requirements of subdivision 3a;
new text end

new text begin (3) provide information as required by subdivisions 4a and 4d;
new text end

new text begin (4) return the verification form referenced in subdivision 4 within 15 days;
new text end

new text begin (5) remain at the primary address of record; or
new text end

new text begin (6) sign a registration form, verification form, or change of information form.
new text end

This information may be made available to the public through electronic, computerized, or
other accessible means. The amount and type of information made available is limited to
the information necessary for the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau
requesting the bureau to treat information about the offender as private data, consistent with
subdivision 7. The bureau shall review the request and promptly take reasonable action to
treat the data as private, if the offender has complied with the requirement that the offender
provide the offender's primary and secondary addresses, new text begin has returned the verification form
or has returned to the primary address, new text end or promptly notify the offender that the information
will continue to be treated as public information and the reasons for the bureau's decision.

(c) If an offender believes the information made public about the offender is inaccurate
or incomplete, the offender may challenge the data under section 13.04, subdivision 4.

(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision,
if the bureau acts in good faith.

Sec. 13.

Minnesota Statutes 2018, section 299C.093, is amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4 new text begin , 4a, new text end and deleted text begin 4a deleted text end new text begin 4b new text end , and indicate the time
period that the person is required to register. The superintendent shall maintain this data in
a manner that ensures that it is readily available to law enforcement agencies. This data is
private data on individuals under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556. new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057. new text end The commissioner of human services has access to the data
for state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background
studies under chapter 245C.

ARTICLE 2

STATEWIDE EMERGENCY COMMUNICATION

Section 1.

Minnesota Statutes 2018, section 403.21, subdivision 7a, is amended to read:

Subd. 7a.

Statewide deleted text begin Radio deleted text end new text begin Emergency Communication new text end Board.

"Statewide deleted text begin Radio deleted text end new text begin
Emergency Communication new text end Board," " deleted text begin radio deleted text end new text begin emergency communication new text end board," or "board"
means the deleted text begin Statewide Radio Board established under section 403.36 and where the Statewide
Radio Board has affirmatively elected to become a deleted text end Statewide Emergency Communication
Board as provided in section 403.382 deleted text begin it shall mean the Statewide Emergency Communication
Board as deleted text end new text begin and is new text end the successor to the Statewide Radio Board.

Sec. 2.

Minnesota Statutes 2018, section 403.36, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) The commissioner of public safety shall convene and
chair the Statewide deleted text begin Radio deleted text end new text begin Emergency Communication new text end Board to develop a project plan for
a statewide, shared, trunked public safety radio communication system. The system may
be referred to as "Allied Radio Matrix for Emergency Response," or "ARMER."

(b) The board consists of the following members or their designees:

(1) the commissioner of public safety;

(2) the commissioner of transportation;

(3) the state chief information officer;

(4) the commissioner of natural resources;

(5) the chief of the Minnesota State Patrol;

(6) the chair of the Metropolitan Council;

new text begin (7) the commissioner of corrections;
new text end

new text begin (8) a representative from the Minnesota Indian Affairs Council;
new text end

deleted text begin (7) deleted text end new text begin (9) new text end two elected city officials, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the League of
Minnesota Cities;

deleted text begin (8) deleted text end new text begin (10) new text end two elected county officials, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan
area and one from Greater Minnesota, appointed by the governing body of the Association
of Minnesota Counties;

deleted text begin (9) deleted text end new text begin (11) new text end two sheriffs, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and one
from Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs'
Association;

deleted text begin (10) deleted text end new text begin (12) new text end two chiefs of police, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area
and one from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Chiefs' of Police Association;

deleted text begin (11) deleted text end new text begin (13) new text end two fire chiefs, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and
one from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Fire Chiefs' Association;

deleted text begin (12) deleted text end new text begin (14) new text end two representatives of emergency medical service providers, one from the
deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the Minnesota Ambulance
Association;

deleted text begin (13) deleted text end new text begin (15) new text end the chair of the deleted text begin regional radio board for the metropolitan area deleted text end new text begin Metropolitan
Emergency Services Board new text end ; and

deleted text begin (14) deleted text end new text begin (16) new text end a representative of Greater Minnesota elected by those units of government in
phase three and any subsequent phase of development as defined in the statewide, shared
radio and communication plan, who have submitted a plan to the Statewide deleted text begin Radio deleted text end new text begin Emergency
Communication new text end Board and where development has been initiated.

(c) The Statewide deleted text begin Radio deleted text end new text begin Emergency Communication new text end Board shall coordinate the
appointment of board members representing Greater Minnesota with the appointing
authorities and may designate the geographic region or regions from which an appointed
board member is selected where necessary to provide representation from throughout the
state.

Sec. 3.

Minnesota Statutes 2018, section 403.36, subdivision 1b, is amended to read:

Subd. 1b.

Compensation; removal; vacancies.

Compensation, removal, and filling of
vacancies of board members are governed by section 15.0575, except that appointments to
the board are not subject to the open appointments process of sections 15.0597 to 15.0599. new text begin
Pursuant to subdivision 1a, members appointed to fill vacancies under this subdivision shall
have no set term.
new text end

Sec. 4.

Minnesota Statutes 2018, section 403.36, subdivision 1c, is amended to read:

Subd. 1c.

Voting.

Each member has one vote. The majority of the voting power of the
board constitutes a quorum, although a smaller number may adjourn from time to time. Any
motion, other than adjournment, must be favored by a majority of the voting power of the
board in order to carry. new text begin In the event of a conflict between the board's bylaws and state law,
state law shall prevail.
new text end

Sec. 5.

Minnesota Statutes 2018, section 403.36, subdivision 1d, is amended to read:

Subd. 1d.

Calling meeting.

The board shall convene upon the call of the chair new text begin , vice-chair,
other officer, new text end or any six members of the board.

Sec. 6.

Minnesota Statutes 2018, section 403.37, subdivision 12, is amended to read:

Subd. 12.

Allocation of money.

new text begin (a) new text end The board shall allocate money available to the
Statewide deleted text begin Radio deleted text end new text begin Emergency Communication new text end Board among regional radio boards or to local
entities within a region to encourage local and regional participation in the system. This
does not limit the authority of regional radio boards and local entities to individually or
collectively seek funding of local and regional enhancements and subsystems to the system
backbone.

new text begin (b) The Statewide Emergency Communication Board, which encompasses other
emergency communication networks, including but not limited to wireless broadband, the
Integrated Public Alert and Warning System, 911 service, and the ARMER system, may
grant money as available to support the goals set forth in the board's strategic plan.
new text end

Sec. 7.

Minnesota Statutes 2018, section 403.382, subdivision 1, is amended to read:

Subdivision 1.

Statewide Emergency Communication Board.

deleted text begin (a) By an affirmative
vote of a majority of the members of the Statewide Radio Board, the board may elect to
become a Statewide Emergency Communication Board.
deleted text end

deleted text begin (b) As a deleted text end new text begin The new text end Statewide Emergency Communication Board deleted text begin , the board shall be deleted text end new text begin is new text end
responsible for the statewide coordination of 911 service deleted text begin in addition to deleted text end new text begin , new text end existing
responsibilities for the ARMER system provided for in sections 403.21 to 403.37 new text begin , wireless
broadband, and the Integrated Public Alert and Warning System new text end .

Sec. 8.

Minnesota Statutes 2018, section 403.382, subdivision 8, is amended to read:

Subd. 8.

Other emergency communication system planning and coordination.

In
addition to powers provided for in this section for the coordination of 911 service, the board
shall be responsible for planning and coordination of the following public safety emergency
communication networks:

(1) developing and maintaining a plan for the implementation of deleted text begin a statewide public
safety broadband network deleted text end new text begin the National Public Safety Broadband Network, as approved by
the board new text end , including the definition of technical and operational standards for that network;
and

(2) other wireless communication technologies or wireless communication networks for
public safety communications, new text begin such as the Integrated Public Alert and Warning System,
new text end where the board finds that coordination and planning on a regional or statewide basis is
appropriate or where regional or statewide coordination has been requested by the Federal
Communications Commission or the Department of Homeland Security which is coordinating
the technology or network on a national level.

Sec. 9. new text begin REVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall substitute the term "Statewide
Emergency Communication Board" for "Statewide Radio Board" or "radio board" wherever
the term refers to the powers, duties, and responsibilities of the Statewide Radio Board,
consistent with the changes in this act. The revisor shall also make grammatical changes
related to the change in terms.
new text end

ARTICLE 3

WHEELCHAIR SECUREMENT DEVICES

Section 1.

Minnesota Statutes 2018, section 299A.12, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

deleted text begin Except as provided in subdivision 4, deleted text end Any vehicle
used by an operator to provide transportation service deleted text begin shall deleted text end new text begin must new text end be equipped with wheelchair
securement devices deleted text begin which are approved by the commissioner of public safety as meeting deleted text end new text begin
that meet new text end the specifications of subdivisions 1 and 2. new text begin Only securement devices that meet the
requirements of the Americans with Disabilities Act may be used. new text end A wheelchair securement
device deleted text begin shall prevent any forward, backward, or lateral movement of an occupied wheelchair
when the device is engaged and the vehicle is in motion, accelerating or braking, and shall
attach to the frame of the wheelchair without damaging it deleted text end new text begin must be installed and used
according to the manufacturer's instructions and Code of Federal Regulations, title 49,
section 38.23 new text end . Wheelchair securement devices installed in any vehicle deleted text begin shall deleted text end new text begin must new text end be
maintained in working order new text begin and according to the manufacturer's recommendations new text end .

Sec. 2.

Minnesota Statutes 2018, section 299A.12, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Strength deleted text end new text begin Design new text end requirements.

The deleted text begin strength deleted text end new text begin design new text end requirements deleted text begin for securing
the part of a wheelchair that is forward in the vehicle shall be one-half of those required for
the rear. Where the wheelchair securement device and the seat belt are combined in a
common system, those parts which provide the combined restraining force shall have a
combined strength of both according to the strength requirements of each as adopted by the
commissioner of public safety deleted text end new text begin securement devices must meet the specifications in Code of
Federal Regulations, title 49, section 38.23 new text end .

Sec. 3.

Minnesota Statutes 2018, section 299A.12, subdivision 3, is amended to read:

Subd. 3.

Maximum number of persons transported.

A vehicle used to provide
transportation service deleted text begin shall deleted text end new text begin must new text end carry only as many persons seated in wheelchairs as the
number of securement devices approved by the commissioner of public safety as meeting
the specifications of subdivisions 1 and 2 with which the vehicle is equipped, and each
occupied wheelchair deleted text begin shall deleted text end new text begin must new text end be secured by such a securement device before the vehicle
is set in motion.

Sec. 4.

Minnesota Statutes 2018, section 299A.13, is amended to read:

299A.13 ADDITIONAL SAFETY REQUIREMENTS.

Subdivision 1.

Seat belt.

Any vehicle used to provide transportation service deleted text begin shall deleted text end new text begin must new text end
be equipped with seat belts deleted text begin which deleted text end new text begin that new text end are approved by the commissioner of public safety.
The seat belts required by this subdivision deleted text begin shall deleted text end new text begin must new text end be adequate to secure the occupant
of a wheelchair who is being transported by the vehicle. deleted text begin These deleted text end new text begin The new text end seat belts deleted text begin shall deleted text end new text begin must new text end be
used only to secure the person and deleted text begin shall deleted text end new text begin must new text end not be used to secure the wheelchair unless
the wheelchair securement force is not cumulative to the seat belt. The seat belts deleted text begin shall deleted text end new text begin must new text end
meet all other applicable state and federal requirements for safety.

Subd. 2.

Electric wheelchair.

When transportation service is provided to an individual
in an electrically powered wheelchair, the main power switch of the wheelchair deleted text begin shall deleted text end new text begin must new text end
be placed in the "off" position at all times while the vehicle is in motion.

new text begin Subd. 3. new text end

new text begin Mobility aid accessibility. new text end

new text begin (a) Vehicles equipped with wheelchair securement
devices must provide a level-change mechanism or boarding device such as a lift or ramp
that complies with Code of Federal Regulations, title 49, section 38.23.
new text end

new text begin (b) Wheelchair lifts must comply with the National Highway Traffic Safety
Administration's Federal Motor Vehicle Safety Standards for public use lifts as outlined in
Code of Federal Regulations, title 49, sections 571.403 and 571.404.
new text end

new text begin Subd. 4. new text end

new text begin Driver's responsibility. new text end

new text begin (a) The driver of a vehicle equipped with a wheelchair
securement device has the duties outlined in this subdivision.
new text end

new text begin (b) The driver or a person designated by the driver shall ensure that an occupied
wheelchair is properly secured before the driver sets the vehicle in motion.
new text end

new text begin (c) The driver or a person designated by the driver shall ensure that the seat belt assembly
is properly adjusted and fastened around the wheelchair user in a manner consistent with
the manufacturer's recommendations before the driver sets the vehicle in motion when:
new text end

new text begin (1) requested by the wheelchair user;
new text end

new text begin (2) the wheelchair user is unable to communicate;
new text end

new text begin (3) seat belt usage is required of all passengers in the vehicle; or
new text end

new text begin (4) the vehicle is a school bus.
new text end

new text begin The seat belt assembly must not be fastened if the wheelchair user or other responsible
person advises the driver that to do so would aggravate a physical condition of the wheelchair
user. If a restraint device is available that would not aggravate the physical condition of the
user, it must be fastened in the required manner.
new text end

new text begin (d) The driver or a person designated by the driver shall ensure that securement devices
and seat belt assemblies are retracted, removed, or otherwise stored when not in use to
prevent tripping of persons and damage to devices.
new text end

Sec. 5.

Minnesota Statutes 2018, section 299A.14, subdivision 3, is amended to read:

Subd. 3.

Standards.

The inspection shall be made to determine that the vehicle complies
with the provisions of sections 299A.12 deleted text begin , subdivisions 1 and 4, deleted text end and 299A.13 deleted text begin , subdivision
1 deleted text end deleted text begin ; deleted text end new text begin and new text end that the securement device deleted text begin is deleted text end new text begin and level-change mechanism or boarding device such
as a lift or ramp are new text end in working order deleted text begin ; deleted text end and deleted text begin that the securement device is deleted text end not in need of
obvious repair. The inspection may include testing the use of a securement device while
the vehicle is in motion.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 299A.12, subdivision 4; and 299A.18, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-0140

299A.12 WHEELCHAIR SECUREMENT DEVICE.

Subd. 4.

Transit vehicle; rules.

A transit vehicle used to provide transportation services may be equipped with wheelchair securement devices that may be engaged and released by the user or the user's assistant. The commissioner of public safety shall adopt rules as necessary to set standards for the operation, strength, and use of these wheelchair securement devices.

299A.18 RULES; APPROVAL OF WHEELCHAIR SECUREMENT DEVICE.

The commissioner of public safety shall, no later than July 1, 1979, adopt rules containing standards for wheelchair securement devices that meet the requirements of sections 299A.12, subdivision 1, and 299A.13, subdivision 1, and shall approve or disapprove of securement devices that meet those standards.