Minnesota Legislature
SF 802
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to public safety; clarifying elements and penalties of certain crimes;
1.3requiring reports; increasing fees; providing for a uniform fine schedule;
1.4authorizing collection of fines and surcharges; requiring annual appropriation of
1.5money in Bureau of Criminal Apprehension account to commissioner of public
1.6safety; appropriating money for the courts, public defenders, public safety,
1.7corrections, and other criminal justice agencies;amending Minnesota Statutes
1.82008, sections 2.722, subdivisions 4, 4a; 2.724, subdivisions 2, 3; 86B.705,
1.9subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025,
1.10subdivisions 1, 2, 3; 152.0262, subdivision 1; 169A.20, subdivision 1, by
1.11adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
1.12subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
1.13169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 244.055,
1.14subdivisions 2, 11; 299A.01, subdivision 1a, by adding a subdivision; 299C.65,
1.15subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 7; 357.022;
1.16357.08; 364.08; 375.14; 403.11, subdivision 1; 480.15, by adding a subdivision;
1.17484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1;
1.18549.09, subdivision 1; 550.011; 609.035, subdivision 2; 609.10, subdivision
1.191; 609.101, subdivision 4; 609.105, subdivision 1; 609.125, subdivision 1;
1.20609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 611.17; 631.48; proposing
1.21coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota
1.22Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90,
1.23subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.105, subdivisions 1a, 1b;
1.24609.135, subdivision 8.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.29The amounts shown in this section summarize direct appropriations, by fund, made
1.30in this article.
2.9The sums shown in the columns marked "Appropriations" are appropriated to the
2.10agencies and for the purposes specified in this article. The appropriations are from the
2.11general fund, or another named fund, and are available for the fiscal years indicated
2.12for each purpose. The figures "2010" and "2011" used in this article mean that the
2.13appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.14June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.15year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
2.16year ending June 30, 2009, are effective the day following final enactment.
2.23The amounts that may be spent for each
2.24purpose are specified in the following
2.25subdivisions.
2.27(a) Contingent Account. $5,000 each year
2.28is for a contingent account for expenses
2.29necessary for the normal operation of the
2.30court for which no other reimbursement is
2.31provided.
2.32(b) Criminal Justice Forum. The chief
2.33justice is requested to continue the criminal
2.34justice forum to evaluate and examine
2.35criminal justice efficiencies and costs
3.1savings, and may submit a report of the
3.2findings and recommendations to the chairs
3.3and ranking minority members of the house
3.4of representatives and senate committees
3.5with jurisdiction over public safety policy
3.6and finance by February 15, 2010.
3.7(c) Federal Stimulus Funds. The Supreme
3.8Court is encouraged to apply for all available
3.9grants for federal stimulus funds to: (1)
3.10continue drug court programs that lose
3.11state funding; and (2) make technological
3.12improvements within the judicial system.
3.13(d) Judicial and Referee Vacancies.
3.14The Supreme Court shall not certify a
3.15judicial or referee vacancy under Minnesota
3.16Statutes, section 2.722, until it has examined
3.17alternative options, such as temporarily
3.18suspending certification of the vacant
3.19position or assigning a retired judge to
3.20temporarily fill the position. Thirty days
3.21prior to certifying any judicial or referee
3.22vacancy to the governor, the Supreme
3.23Court shall submit to the chairs and
3.24ranking minority members of the house
3.25of representatives and senate committees
3.26with jurisdiction over public safety and
3.27judiciary policy and finance a report with
3.28a detailed explanation of the alternatives
3.29that were examined, why those alternatives
3.30were rejected, and why certification of the
3.31position is necessary for effective judicial
3.32administration and adequate access to the
3.33courts.
4.1Legal Services to Low-Income Clients in
4.2Family Law Matters. Of this appropriation,
4.3$877,000 each year is to improve the
4.4access of low-income clients to legal
4.5representation in family law matters. This
4.6appropriation must be distributed under
4.7Minnesota Statutes, section 480.242, to
4.8the qualified legal services programs
4.9described in Minnesota Statutes, section
4.10480.242, subdivision 2, paragraph (a). Any
4.11unencumbered balance remaining in the first
4.12year does not cancel and is available in the
4.13second year.
4.19The base budget for the Board on Judicial
4.20Standards shall be $321,000 in fiscal year
4.212012 and $321,000 in fiscal year 2013.
4.23Agency Lobbyists. No portion of this
4.24appropriation may be used to pay the salary
4.25or fee of a person retained to serve as the
4.26board's legislative liaison or lobbyist.
5.7The amounts that may be spent for each
5.8purpose are specified in the following
5.9subdivisions.
5.10(a) Agency Lobbyists. No portion of this
5.11appropriation may be used to pay the salary
5.12or fee of a person retained to serve as the
5.13agency's legislative liaison or lobbyist.
5.14(b) Employees of the Governor. Any
5.15personnel costs attributable to the Office
5.16of the Governor must be accounted for
5.17through an appropriation to the Office of
5.18the Governor. The commissioner may not
5.19enter into agreements with the Office of the
5.20Governor under which personnel costs in
5.21the office of the governor are supported by
5.22appropriations to the agency.
5.23(c) Car Fleet. By January 1, 2010, the
5.24commissioner must reduce the department's
5.25fleet of cars in the seven-county metropolitan
5.26area by 20 percent. This paragraph shall not
5.27apply to State Patrol vehicles purchased or
5.28maintained using trunk highway funds.
5.34Hazmat and Chemical Assessment Teams.
5.35$604,000 each year is appropriated from the
5.36fire safety account in the special revenue
6.1fund. These amounts must be used to
6.2fund the hazardous materials and chemical
6.3assessment teams.
6.10(a) Forensic Scientists. When formulating
6.11the budget and the need for additional
6.12scientists for the state's crime labs, the
6.13commissioner, in consultation with the
6.14superintendent of the Bureau of Criminal
6.15Apprehension, must consider the number
6.16and capacity of scientists employed in labs
6.17operated by local units of government.
6.18(b) DWI Lab Analysis; Trunk Highway
6.19Fund. Notwithstanding Minnesota Statutes,
6.20section161.20, subdivision 3 , $1,941,000
6.21each year is appropriated from the trunk
6.22highway fund for laboratory analysis related
6.23to driving while impaired cases.
6.24(c) Domestic Terrorism Investigations.
6.25The superintendent of the bureau of
6.26criminal apprehension may not initiate an
6.27investigation of a citizen of the state based
6.28solely on information contained in the United
6.29States Department of Homeland Security's
6.30threat assessment of domestic terrorism
6.31dated April 7, 2009.
6.33This appropriation is from the fire safety
6.34account in the special revenue fund.
7.1Of this amount, $5,732,000 each year is for
7.2activities under Minnesota Statutes, section
7.3299F.012, and $2,268,000 each year is for
7.4transfer to the general fund under Minnesota
7.5Statutes, section 297I.06, subdivision 3.
7.10This appropriation is from the alcohol
7.11enforcement account in the special revenue
7.12fund. Of this appropriation, $750,000 each
7.13year shall be transferred to the general fund.
7.14The transfer amount for fiscal year 2012 and
7.15fiscal year 2013 shall be $500,000 per year.
7.21(a) Federal Stimulus Funds; Report.
7.22By June 1, 2009, the Office of Justice
7.23Programs shall submit to the chairs and
7.24ranking minority members of the house
7.25of representatives and senate committees
7.26with jurisdiction over public safety policy
7.27and finance a detailed plan outlining the
7.28competitive grant process to be used to
7.29administer the federal stimulus funds. The
7.30plan must describe: (1) the administrative
7.31process in accepting and reviewing
7.32applications, (2) the criteria used in
7.33awarding grants, and (3) program reporting
7.34requirements.
8.1The Office of Justice Programs must consider
8.2awarding grants for federal stimulus funds
8.3for the following activities and programs:
8.4(i) trafficking victim programs, including
8.5legal advocacy clinics, training programs,
8.6public awareness initiatives, and victim
8.7services hotlines;
8.8(ii) nonprofit organizations dedicated
8.9to providing immediate and long-term
8.10emotional support and practical help for
8.11families and friends of persons who have
8.12died traumatically;
8.13(iii) organizations that provide mentoring
8.14grants for children of incarcerated parents;
8.15(iv) youth intervention programs, as defined
8.16under Minnesota Statutes, section 299A.73,
8.17with an emphasis on those programs that
8.18provide early intervention youth services to
8.19children in their communities;
8.20(v) programs that seek to develop and
8.21increase juvenile detention alternatives;
8.22(vi) re-entry programs for offenders;
8.23(vii) restorative justice programs, as defined
8.24in Minnesota Statutes, section 611A.775,
8.25except that a program that receives federal
8.26funds shall not use the funds for cases
8.27involving domestic assault; and
8.28(viii) judicial branch efficiency programs,
8.29including e-citation and fine management
8.30and collection program improvements.
8.31By October 1, 2009, the Office of Justice
8.32Programs must submit to the chairs and
8.33ranking minority members of the house of
8.34representatives and senate committees with
9.1jurisdiction over public safety policy and
9.2finance a list of all the grants awarded by
9.3the Office of Justice Programs using federal
9.4stimulus funds, including the name of the
9.5grantee, the amount awarded, the funded
9.6activities or programs, and the length of the
9.7grant.
9.8For purposes of this section, "federal
9.9stimulus funds" means funding provided to
9.10the state under the American Recovery and
9.11Reinvestment Act of 2009.
9.12(b) Crime Victim and Youth Intervention
9.13Programs. For the biennium ending June
9.1430, 2011, funding for the following programs
9.15must not be reduced by more than three
9.16percent from the level of state funding
9.17provided for the biennium ending June
9.1830, 2009: (1) crime victim reparations;
9.19(2) battered women's shelters; (3) general
9.20crime victim programs; (4) sexual assault
9.21victim programs; and (5) youth intervention
9.22programs.
9.24This appropriation is from the state
9.25government special revenue fund for 911
9.26emergency telecommunications services.
9.27(a) Public Safety Answering Points.
9.28$13,664,000 each year is to be distributed
9.29as provided in Minnesota Statutes, section
9.30403.113, subdivision 2.
9.31(b) Medical Resource Communication
9.32Centers. $683,000 each year is for grants
9.33to the Minnesota Emergency Medical
9.34Services Regulatory Board for the Metro
9.35East and Metro West Medical Resource
10.1Communication Centers that were in
10.2operation before January 1, 2000.
10.3(c) ARMER Debt Service. $17,557,000 the
10.4first year and $23,261,000 the second year
10.5are to the commissioner of finance to pay
10.6debt service on revenue bonds issued under
10.7Minnesota Statutes, section 403.275.
10.8Any portion of this appropriation not needed
10.9to pay debt service in a fiscal year may be
10.10used by the commissioner of public safety to
10.11pay cash for any of the capital improvements
10.12for which bond proceeds were appropriated
10.13by Laws 2005, chapter 136, article 1, section
10.149, subdivision 8, or Laws 2007, chapter 54,
10.15article 1, section 10, subdivision 8.
10.16(d) Metropolitan Council Debt Service.
10.17$1,410,000 each year is to the commissioner
10.18of finance for payment to the Metropolitan
10.19Council for debt service on bonds issued
10.20under Minnesota Statutes, section 403.27.
10.21(e) ARMER State Backbone Operating
10.22Costs. $5,060,000 each year is to the
10.23commissioner of transportation for costs
10.24of maintaining and operating the statewide
10.25radio system backbone.
10.26(f) ARMER Improvements. $1,000,000
10.27each year is for the Statewide Radio Board
10.28for costs of design, construction, maintenance
10.29of, and improvements to those elements
10.30of the statewide public safety radio and
10.31communication system that support mutual
10.32aid communications and emergency medical
10.33services or provide enhancement of public
10.34safety communication interoperability.
11.1(g) Next Generation 911. $3,431,000 in
11.2fiscal year 2010 and $6,490,000 in fiscal year
11.32011 is to replace the current system with the
11.4Next Generation Internet Protocol (IP) based
11.5network. The base level of funding for fiscal
11.6year 2012 shall be $2,965,000.
11.7(h) Emergency Communication System.
11.8$5,000,000 the first year is to be used by
11.9the commissioner for any purpose related
11.10to the effective operation of the emergency
11.11communication system in the state, including
11.12the cost of personnel who prepare for and
11.13respond to emergencies.
11.16(a) Excess Amounts Transferred. This
11.17appropriation is from the peace officer
11.18training account in the special revenue fund.
11.19Any new receipts credited to that account in
11.20the first year in excess of $4,162,000 must be
11.21transferred and credited to the general fund.
11.22Any new receipts credited to that account in
11.23the second year in excess of $4,162,000 must
11.24be transferred and credited to the general
11.25fund.
11.26(b) Peace Officer Training
11.27Reimbursements. $3,009,000 each
11.28year is for reimbursements to local
11.29governments for peace officer training costs.
11.30(c) Agency Lobbyists. No portion of this
11.31appropriation may be used to pay the salary
11.32or fee of a person retained to serve as the
11.33board's legislative liaison or lobbyist.
12.2The base budget for the Department of
12.3Human Rights shall be $3,368,000 in fiscal
12.4year 2012 and $3,368,000 in fiscal year 2013.
12.12The amounts that may be spent for each
12.13purpose are specified in the following
12.14subdivisions.
12.15(a) Agency Lobbyists. No portion of this
12.16appropriation may be used to pay the salary
12.17or fee of a person retained to serve as the
12.18agency's legislative liaison or lobbyist.
12.19(b) Employees of the Governor. Any
12.20personnel costs attributable to the Office
12.21of the Governor must be accounted for
12.22through an appropriation to the Office of
12.23the Governor. The commissioner may not
12.24enter into agreements with the Office of the
12.25Governor under which personnel costs in
12.26the Office of the Governor are supported by
12.27appropriations to the agency.
12.28(c) Car Fleet. By January 1, 2010, the
12.29commissioner must reduce the department's
12.30fleet of cars by 20 percent.
13.3$19,000,000 each year is from the fiscal
13.4stabilization account in the American
13.5Recovery and Reinvestment Act of 2009.
13.6This is a onetime appropriation.
13.7The general fund base for this program shall
13.8be $331,546,000 in fiscal year 2012 and
13.9$336,085,000 in fiscal year 2013.
13.10(a) Treatment Alternatives; Report. By
13.11December 15, 2009, the commissioner
13.12must submit a report to the chairs and
13.13ranking minority members of the house of
13.14representatives and senate committees with
13.15jurisdiction over public safety policy and
13.16finance concerning alternative chemical
13.17dependency treatment opportunities.
13.18The report must identify alternatives
13.19that represent best practices in chemical
13.20dependency treatment of offenders. The
13.21report must contain suggestions for
13.22reducing the length of time between
13.23offender commitment to the custody of the
13.24commissioner and graduation from chemical
13.25dependency treatment. To the extent
13.26possible, the report shall identify options
13.27that will (1) reduce the cost of treatment;
13.28(2) expand the number of treatment beds;
13.29(3) improve treatment outcomes; and (4)
13.30lower the rate of substance abuse relapse and
13.31criminal recidivism.
13.32(b) Challenge Incarceration; Maximum
13.33Occupancy. The commissioner shall work to
13.34fill all available challenge incarceration beds
13.35for both male and female offenders. If the
14.1commissioner fails to fill at least 90 percent
14.2of the available challenge incarceration beds
14.3by December 1, 2009, the commissioner
14.4must submit a report to the chairs and
14.5ranking minority members of the house of
14.6representatives and senate committees with
14.7jurisdiction over public safety policy and
14.8finance by January 15, 2010, explaining what
14.9steps the commissioner has taken to fill the
14.10beds and why those steps failed to reach the
14.11goal established by the legislature.
14.12(c) Performance Measures; Per Diem
14.13Reduction; Report to the Legislature. The
14.14commissioner of corrections must reduce the
14.15fiscal year 2008 average adult facility per
14.16diem of $89.77 by one percent. The base
14.17is cut by $2,850,000 in the first year and
14.18$2,850,000 in the second year to reflect a
14.19one percent reduction in the projected adult
14.20facility per diem.
14.21In reducing the projected adult facility per
14.22diem, the commissioner must consider the
14.23following:
14.24(1) cooperating with the state of Wisconsin
14.25to obtain economies of scale;
14.26(2) increasing the bed capacity of the
14.27challenge incarceration program;
14.28(3) increasing the number of nonviolent drug
14.29offenders who are granted conditional release
14.30under Minnesota Statutes, section 244.055;
14.31(4) increasing the use of compassionate
14.32release or less costly detention alternatives
14.33for elderly and infirm offenders;
15.1(5) implementing corrections best practices;
15.2and
15.3(6) implementing cost-saving measures used
15.4by other states and the federal government.
15.5The commissioner must not eliminate
15.6correctional officer positions or implement
15.7any other measure that will jeopardize public
15.8safety to achieve the mandated cost savings.
15.9The commissioner also must not eliminate
15.10treatment beds to achieve the mandated cost
15.11savings.
15.12If the commissioner fails to reduce the per
15.13diem by one percent, the commissioner must:
15.14(i) reduce the funding for operations support
15.15by the amount of unrealized savings; and
15.16(ii) submit a report by February 15,
15.172010, to the chairs and ranking minority
15.18members of the house of representatives
15.19and senate committees with jurisdiction
15.20over public safety policy and finance that
15.21contains descriptions of what efforts the
15.22commissioner made to reduce the per diem,
15.23explanations for why those steps failed to
15.24reduce the per diem by one percent, proposed
15.25legislative options that would assist the
15.26commissioner in reducing the adult facility
15.27per diem, and descriptions of the specific
15.28actions the commissioner took to reduce
15.29funding in operations support.
15.30If the commissioner reduces the per diem
15.31by more than one percent, the commissioner
15.32must use the savings to provide treatment to
15.33offenders.
16.1(d) Drug Court Bed Savings. The
16.2commissioner must consider the bed impact
16.3savings of drug courts in formulating its
16.4prison bed projections.
16.9(a) Short-Term Offenders. $1,607,000 in
16.10the first year is for costs associated with the
16.11housing and care of short-term offenders
16.12sentenced prior to June 30, 2009, and housed
16.13in local jails. The commissioner may use
16.14up to ten percent of the total amount of the
16.15appropriation for inpatient medical care
16.16for short-term offenders with less than six
16.17months to serve as affected by the changes
16.18made to Minnesota Statutes, section 609.105,
16.19by Laws 2003, First Special Session chapter
16.202, article 5, sections 7 to 9. All funds not
16.21expended for inpatient medical care shall be
16.22added to and distributed with the housing
16.23funds. These funds shall be distributed
16.24proportionately based on the total number of
16.25days short-term offenders are placed locally,
16.26not to exceed the fiscal year 2009 per diem.
16.27All funds remaining after reimbursements are
16.28made shall be transferred to the department's
16.29institution base budget to offset the costs
16.30of housing short-term offenders who are
16.31sentenced on or after July 1, 2009, and
16.32incarcerated in state correctional facilities.
16.33Short-term offenders sentenced before July
16.341, 2009, may be housed in a state correctional
16.35facility at the discretion of the commissioner.
17.1This does not preclude the commissioner
17.2from contracting with local jails to house
17.3offenders committed to the custody of the
17.4commissioner.
17.5The Department of Corrections is exempt
17.6from the state contracting process for the
17.7purposes of Minnesota Statutes, section
17.8609.105, as amended by Laws 2003, First
17.9Special Session chapter 2, article 5, sections
17.107 to 9.
17.11(b) Federal Grants. The commissioner
17.12must apply for all available grants for federal
17.13funds under the American Recovery and
17.14Reinvestment Act of 2009 and the Second
17.15Chance Act that the department is eligible to
17.16receive to continue and expand re-entry and
17.17restorative justice programs.
17.22The general fund base for this program
17.23shall be $20,949,000 in fiscal year 2012 and
17.24$20,949,000 in fiscal year 2013.
17.28 Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
17.29 Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district
17.30court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
17.31with judges and attorneys in the affected district, shall determinewithin 90 days of after
17.32receiving notice of a vacancy from the governor whether the vacant office is necessary
17.33for effective judicial administration or is necessary for adequate access to the courts.
18.1In determining whether the position is necessary for adequate access to the courts, the
18.2Supreme Court shall consider whether abolition or transfer of the position would result in
18.3a county having no chambered judge. The Supreme Court may continue the position, may
18.4order the position abolished, or may transfer the position to a judicial district where need
18.5for additional judges exists, designating the position as either a county, county/municipal
18.6or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
18.7who shall fill it in the manner provided by law.
18.8(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
18.9fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
18.10required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
18.11reelection. Within five days of receipt of the notice, the Supreme Court shall determine
18.12whether the judicial position is necessary for effective judicial administration or adequate
18.13access to the courts and notify the official responsible for certifying the election results of
18.14its determination. In determining whether the position is necessary for adequate access to
18.15the courts, the Supreme Court shall consider whether abolition or transfer of the position
18.16would result in a county having no chambered judge. The Supreme Court may continue
18.17the position, may order the position abolished, or may transfer the position to a judicial
18.18district where the need for additional judgeships exists. If the position is abolished or
18.19transferred, the election may not be held. If the position is transferred, the court shall also
18.20notify the governor of the transfer. Upon transfer, the position is vacant and the governor
18.21shall fill it in the manner provided by law. An order abolishing or transferring a position is
18.22effective the first Monday in the next January.
18.23 Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
18.24 Subd. 4a. Referee vacancy; conversion to judgeship. When a referee of the
18.25district court dies, resigns, retires, or is voluntarily removed from the position, the chief
18.26judge of the district shall notify the Supreme Court and may petition to request that the
18.27position be converted to a judgeship. The Supreme Court shall determinewithin 90
18.28days of the petition whether to order the position abolished or convert the position to a
18.29judgeship in the affected or another judicial district. The Supreme Court shall certify any
18.30judicial vacancy to the governor, who shall fill it in the manner provided by law. The
18.31conversion of a referee position to a judgeship under this subdivision shall not reduce the
18.32total number of judges and referees hearing cases in the family and juvenile courts.
18.33 Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
19.1 Subd. 2. Procedure. To promote and secure more efficient administration of justice,
19.2the chief justice of the Supreme Court of the state shall supervise and coordinate the work
19.3of the courts of the state. The Supreme Court may provide by rule that the chief justice not
19.4be required to write opinions as a member of the Supreme Court. Its rules may further
19.5provide for it to hear and consider cases in divisions. It may by rule assign temporarily
19.6any retired justice of the Supreme Court or one judge of the Court of Appeals or district
19.7court judge at a time to act as a justice of the Supreme Court or any number of justices
19.8or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
19.9the assignment of a Court of Appeals judge or a district court judge to act as a justice of
19.10the Supreme Court, a judge previously acting as a justice may complete unfinished duties
19.11of that position. Any number of justices may disqualify themselves from hearing and
19.12considering a case, in which event the Supreme Court may assign temporarily a retired
19.13justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
19.14and consider the case in place of each disqualified justice.A retired justice who is acting
19.15as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
19.16receive, in addition to retirement pay, out of the general fund of the state, an amount to
19.17make the retired justice's total compensation equal to the same salary as a justice or judge
19.18of the court on which the justice is acting.
19.19EFFECTIVE DATE.This section is effective July 1, 2009.
19.20 Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
19.21 Subd. 3. Retired justices and judges. (a) The chief justice of the Supreme Court
19.22may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
19.23pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
19.24retired judge of any court to act as a judge of any court except the Supreme Court. The
19.25chief justice of the Supreme Court shall determine the pay and expenses to be received by
19.26a justice or judge acting pursuant to this paragraph.
19.27(b) A judge who has been elected to office and who has retired as a judge in good
19.28standing and is not practicing law may also be appointed to serve as judge of any court
19.29except the Supreme Court. A retired judge acting under this paragraph will receive pay
19.30and expenses in the amount established by the Supreme Court.
19.31EFFECTIVE DATE.This section is effective July 1, 2009.
19.32 Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
20.1 Subd. 2. Fines and bail money. (a) All fines, installment payments, and forfeited
20.2bail money collected from persons convicted of violations of this chapter or rules adopted
20.3thereunder, or of a violation of section169A.20 involving a motorboat, shall be paid to
20.4the county treasurer of the county where the violation occurred by the court administrator
20.5or other person collecting the money within 15 days after the last day of the month the
20.6money was collected deposited in the state treasury.
20.7(b) One-half of the receipts shall be credited to the general revenue fundof the
20.8county. The other one-half of the receipts shall be transmitted by the county treasurer to
20.9the commissioner of natural resourcesto be deposited in the state treasury and credited to
20.10the water recreation account for the purpose of boat and water safety.
20.11EFFECTIVE DATE.This section is effective July 1, 2009.
20.12 Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
20.13 Subd. 2a. Petty misdemeanor cases and criminal convictions; fee assessment. In
20.14Hennepin County and Ramsey County, the district court administrator or a designee may,
20.15upon the recommendation of the board of trustees and by standing order of the judges
20.16of the district court, include in the costs or disbursements assessed against a defendant
20.17convicted in the district court of the violation of a statute or municipal ordinance, a county
20.18law library fee. This fee may be collected in all petty misdemeanor cases and criminal
20.19prosecutions in which, upon conviction, the defendant may be subject to the payment of
20.20the costs or disbursements in addition to a fine or other penalty. When a defendant is
20.21convicted of more than one offense in a case, the county law library fee shall be imposed
20.22only once in that case.
20.23EFFECTIVE DATE.This section is effective July 1, 2009.
20.24 Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
20.25 Subd. 3. Petty misdemeanor cases and criminal convictions; fee assessment.
20.26The judge of district court may, upon the recommendation of the board of trustees and
20.27by standing order, include in the costs or disbursements assessed against a defendant
20.28convicted in the district court of the violation of any statute or municipal ordinance, in
20.29all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
20.30defendant may be subject to the payment of the costs or disbursements in addition to a fine
20.31or other penalty a county law library fee. When a defendant is convicted of more than one
20.32offense in a case, the county law library fee shall be imposed only once in that case. The
21.1item of costs or disbursements may not be assessed for any offense committed prior to the
21.2establishment of the county law library.
21.3EFFECTIVE DATE.This section is effective July 1, 2009.
21.4 Sec. 8. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
21.5 Subdivision 1. Sale crimes. (a) A person is guilty of controlled substance crime in
21.6the fifth degree and if convicted may be sentenced to imprisonment for not more than five
21.7years or to payment of a fine of not more than $10,000, or both if:
21.8(1) the person unlawfully sells one or more mixtures containing marijuana or
21.9tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.10(2) the person unlawfully sells one or more mixtures containing a controlled
21.11substance classified in schedule IV.
21.12(b) If a person is guilty of controlled substance crime in the fifth degree and the
21.13conviction is a subsequent controlled substance conviction, the person convicted shall be
21.14committed to the commissioner of corrections or to a local correctional authority for
21.15not less than six months nor more than ten years and, in addition, may be sentenced to
21.16payment of a fine of not more than $20,000 if:
21.17(1) the person unlawfully sells one or more mixtures containing marijuana or
21.18tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.19(2) the person unlawfully sells one or more mixtures containing a controlled
21.20substance classified in schedule IV.
21.21EFFECTIVE DATE.This section is effective July 1, 2009.
21.22 Sec. 9. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
21.23 Subd. 2. Possession and other crimes. (a) A person is guilty of controlled
21.24substance crime in the fifth degree and if convicted may be sentenced to imprisonment for
21.25not more than five years or to payment of a fine of not more than $10,000, or both if:
21.26(1) the person unlawfully possesses one or more mixtures containing a controlled
21.27substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
21.28(2) the person procures, attempts to procure, possesses, or has control over a
21.29controlled substance by any of the following means:
21.30(i) fraud, deceit, misrepresentation, or subterfuge;
21.31(ii) using a false name or giving false credit; or
21.32(iii) falsely assuming the title of, or falsely representing any person to be, a
21.33manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
22.1medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
22.2obtaining a controlled substance.
22.3(b) If a person is guilty of controlled substance crime in the fifth degree and the
22.4conviction is a subsequent controlled substance conviction, the person convicted shall be
22.5committed to the commissioner of corrections or to a local correctional authority for
22.6not less than six months nor more than ten years and, in addition, may be sentenced to
22.7payment of a fine of not more than $20,000 if:
22.8(1) the person unlawfully possesses one or more mixtures containing a controlled
22.9substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
22.10(2) the person procures, attempts to procure, possesses, or has control over a
22.11controlled substance by any of the following means:
22.12(i) fraud, deceit, misrepresentation, or subterfuge;
22.13(ii) using a false name or giving false credit; or
22.14(iii) falsely assuming the title of, or falsely representing any person to be, a
22.15manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
22.16medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
22.17obtaining a controlled substance.
22.18EFFECTIVE DATE.This section is effective July 1, 2009.
22.19 Sec. 10. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
22.20 Subdivision 1. Possession of precursors. (a) A person is guilty of a crime if the
22.21person possesses any chemical reagents or precursors with the intent to manufacture
22.22methamphetamine and if convicted may be sentenced to imprisonment for not more than
22.23ten years or to payment of a fine of not more than $20,000, or both.
22.24(b) A person is guilty of a crime if the person possesses any chemical reagents or
22.25precursors with the intent to manufacture methamphetamine and may be sentenced to
22.26imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
22.27or both, if the conviction is for a subsequent controlled substance conviction.
22.28 As used in this section and section152.021 , "chemical reagents or precursors"
22.29includes any of the following substances, or any similar substances that can be used to
22.30manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
22.31similar substance:
22.32(1) ephedrine;
22.33(2) pseudoephedrine;
22.34(3) phenyl-2-propanone;
22.35(4) phenylacetone;
23.1(5) anhydrous ammonia;
23.2(6) organic solvents;
23.3(7) hydrochloric acid;
23.4(8) lithium metal;
23.5(9) sodium metal;
23.6(10) ether;
23.7(11) sulfuric acid;
23.8(12) red phosphorus;
23.9(13) iodine;
23.10(14) sodium hydroxide;
23.11(15) benzaldehyde;
23.12(16) benzyl methyl ketone;
23.13(17) benzyl cyanide;
23.14(18) nitroethane;
23.15(19) methylamine;
23.16(20) phenylacetic acid;
23.17(21) hydriodic acid; or
23.18(22) hydriotic acid.
23.19EFFECTIVE DATE.This section is effective July 1, 2009.
23.20 Sec. 11. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
23.21 Subdivision 1. Driving while impaired crime; motor vehicles. It is a crime for
23.22any person to drive, operate, or be in physical control of any motor vehicle, as defined
23.23in section 169A.03, subdivision 15, except for motorboats in operation and off-road
23.24recreational vehicles, within this state or on any boundary water of this state when:
23.25(1)when the person is under the influence of alcohol;
23.26(2)when the person is under the influence of a controlled substance;
23.27(3)when the person is knowingly under the influence of a hazardous substance that
23.28affects the nervous system, brain, or muscles of the person so as to substantially impair
23.29the person's ability to drive or operate the motor vehicle;
23.30(4)when the person is under the influence of a combination of any two or more of
23.31the elements named in clauses (1), (2), and to (3);
23.32(5)when the person's alcohol concentration at the time, or as measured within
23.33two hours of the time, of driving, operating, or being in physical control of the motor
23.34vehicle is 0.08 or more;
24.1(6)when the vehicle is a commercial motor vehicle and the person's alcohol
24.2concentration at the time, or as measured within two hours of the time, of driving,
24.3operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
24.4(7)when the person's body contains any amount of a controlled substance listed in
24.5schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.6EFFECTIVE DATE.This section is effective July 1, 2009.
24.7 Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.8subdivision to read:
24.9 Subd. 1a. Driving while impaired crime; motorboat in operation. It is a crime
24.10for any person to operate or be in physical control of a motorboat in operation on any
24.11waters or boundary water of this state when:
24.12(1) the person is under the influence of alcohol;
24.13(2) the person is under the influence of a controlled substance;
24.14(3) the person is knowingly under the influence of a hazardous substance that affects
24.15the nervous system, brain, or muscles of the person so as to substantially impair the
24.16person's ability to drive or operate the motorboat;
24.17(4) the person is under the influence of a combination of any two or more of the
24.18elements named in clauses (1) to (3);
24.19(5) the person's alcohol concentration at the time, or as measured within two hours
24.20of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
24.21more; or
24.22(6) the person's body contains any amount of a controlled substance listed in
24.23schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.24EFFECTIVE DATE.This section is effective July 1, 2009.
24.25 Sec. 13. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.26subdivision to read:
24.27 Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
24.28is a crime for any person to operate or be in physical control of a snowmobile as defined in
24.29section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
24.308, anywhere in this state or on the ice of any boundary water of this state when:
24.31(1) the person is under the influence of alcohol;
24.32(2) the person is under the influence of a controlled substance;
25.1(3) the person is knowingly under the influence of a hazardous substance that affects
25.2the nervous system, brain, or muscles of the person so as to substantially impair the
25.3person's ability to drive or operate the snowmobile or all-terrain vehicle;
25.4(4) the person is under the influence of a combination of any two or more of the
25.5elements named in clauses (1) to (3);
25.6(5) the person's alcohol concentration at the time, or as measured within two hours
25.7of the time, of driving, operating, or being in physical control of the snowmobile or
25.8all-terrain vehicle is 0.08 or more; or
25.9(6) the person's body contains any amount of a controlled substance listed in
25.10schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
25.11EFFECTIVE DATE.This section is effective July 1, 2009.
25.12 Sec. 14. Minnesota Statutes 2008, section 169A.20, is amended by adding a
25.13subdivision to read:
25.14 Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
25.15vehicle. It is a crime for any person to operate or be in physical control of any off-highway
25.16motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
25.17in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
25.18water of this state when:
25.19(1) the person is under the influence of alcohol;
25.20(2) the person is under the influence of a controlled substance;
25.21(3) the person is knowingly under the influence of a hazardous substance that affects
25.22the nervous system, brain, or muscles of the person so as to substantially impair the
25.23person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
25.24(4) the person is under the influence of a combination of any two or more of the
25.25elements named in clauses (1) to (3);
25.26(5) the person's alcohol concentration at the time, or as measured within two hours of
25.27the time, of driving, operating, or being in physical control of the off-highway motorcycle
25.28or off-road vehicle is 0.08 or more; or
25.29(6) the person's body contains any amount of a controlled substance listed in
25.30schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
25.31EFFECTIVE DATE.This section is effective July 1, 2009.
25.32 Sec. 15. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
26.1 Subdivision 1. Degree described. (a) A person who violates section169A.20,
26.2subdivision 1 , 1a, 1b, or 1c (driving while impaired crime), is guilty of second-degree
26.3driving while impaired if two or more aggravating factors were present when the violation
26.4was committed.
26.5 (b) A person who violates section169A.20, subdivision 2 (refusal to submit to
26.6chemical test crime), is guilty of second-degree driving while impaired if one aggravating
26.7factor was present when the violation was committed.
26.8EFFECTIVE DATE.This section is effective July 1, 2009.
26.9 Sec. 16. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
26.10 Subdivision 1. Degree described. (a) A person who violates section169A.20,
26.11subdivision 1 , 1a, 1b, or 1c (driving while impaired crime), is guilty of third-degree driving
26.12while impaired if one aggravating factor was present when the violation was committed.
26.13 (b) A person who violates section169A.20, subdivision 2 (refusal to submit to
26.14chemical test crime), is guilty of third-degree driving while impaired.
26.15EFFECTIVE DATE.This section is effective July 1, 2009.
26.16 Sec. 17. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
26.17 Subdivision 1. Degree described. A person who violates section169A.20,
26.18subdivision 1, 1a, 1b, or 1c (driving while impaired crime), is guilty of fourth-degree
26.19driving while impaired.
26.20EFFECTIVE DATE.This section is effective July 1, 2009.
26.21 Sec. 18. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
26.22 Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person
26.23is being sentenced for a violation of a provision listed in paragraph (e), the court may
26.24sentence the person to a consecutive term of imprisonment for a violation of any other
26.25provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
26.26same course of conduct, subject to the limitation on consecutive sentences contained in
26.27section609.15, subdivision 2 , and except as provided in paragraphs (b) and (c).
26.28 (b) When a person is being sentenced for a violation of section171.09 (violation
26.29of condition of restricted license),171.20 (operation after revocation, suspension,
26.30cancellation, or disqualification),171.24 (driving without valid license), or
171.30
26.31(violation of condition of limited license), the court may not impose a consecutive sentence
26.32for another violation of a provision in chapter 171 (drivers' licenses and training schools).
27.1 (c) When a person is being sentenced for a violation of section169.791 (failure to
27.2provide proof of insurance) or169.797 (failure to provide vehicle insurance), the court
27.3may not impose a consecutive sentence for another violation of a provision of sections
27.4169.79
to
169.7995 .
27.5 (d) This subdivision does not limit the authority of the court to impose consecutive
27.6sentences for crimes arising on different dates or to impose a consecutive sentence when
27.7a person is being sentenced for a crime and is also in violation of the conditions of
27.8a stayed or otherwise deferred sentence under section609.135 (stay of imposition or
27.9execution of sentence).
27.10 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
27.11the following if the offender has two or more prior impaired driving convictions within
27.12the past ten years:
27.13 (1) section169A.20, subdivision 1 , 1a, 1b, or 1c (driving while impaired; impaired
27.14driving offenses);
27.15 (2) section169A.20, subdivision 2 (driving while impaired; test refusal offense);
27.16 (3) section169.791 ;
27.17 (4) section169.797 ;
27.18 (5) section171.09 (violation of condition of restricted license);
27.19 (6) section171.20, subdivision 2 (operation after revocation, suspension,
27.20cancellation, or disqualification);
27.21 (7) section171.24 ; and
27.22 (8) section171.30 .
27.23EFFECTIVE DATE.This section is effective July 1, 2009.
27.24 Sec. 19. Minnesota Statutes 2008, section 169A.284, is amended to read:
27.25169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
27.26SURCHARGE.
27.27 Subdivision 1. When required. (a) When a court sentences a person convicted
27.28of an offense enumerated in section169A.70, subdivision 2 (chemical use assessment;
27.29requirement; form), it shall order the person to pay the cost of the assessment directly
27.30to the entity conducting the assessment or providing the assessment services in an
27.31amount determined by the entity conducting or providing the service and shall impose
27.32a chemical dependency assessment charge of$125 $25. The court may waive the $25
27.33assessment charge, but may not waive the cost for the assessment paid directly to the
27.34entity conducting the assessment or providing assessment services. A person shall pay
28.1an additional surcharge of $5 if the person is convicted of a violation of section169A.20
28.2(driving while impaired) within five years of a prior impaired driving conviction or a prior
28.3conviction for an offense arising out of an arrest for a violation of section169A.20 or
28.4Minnesota Statutes 1998, section169.121 (driver under influence of alcohol or controlled
28.5substance) or169.129 (aggravated DWI-related violations; penalty). This section applies
28.6when the sentence is executed, stayed, or suspended. The court may not waive payment
28.7or authorize payment of the assessment charge and surcharge in installments unless it
28.8makes written findings on the record that the convicted person is indigent or that the
28.9assessment charge and surcharge would create undue hardship for the convicted person or
28.10that person's immediate family.
28.11(b) The chemical dependency assessment charge and surcharge required under
28.12this section are in addition to the surcharge required by section357.021, subdivision 6
28.13(surcharges on criminal and traffic offenders).
28.14 Subd. 2. Distribution of money. Thecounty court administrator shall collect and
28.15forwardto the commissioner of finance $25 of the chemical dependency assessment
28.16charge and the $5 surcharge, if any,within 60 days after sentencing or explain to the
28.17commissioner in writing why the money was not forwarded within this time period. The
28.18commissioner shall credit the money to the commissioner of finance to be deposited in the
28.19state treasury and credited to the general fund.The county shall collect and keep $100 of
28.20the chemical dependency assessment charge.
28.21EFFECTIVE DATE.This section is effective July 1, 2009.
28.22 Sec. 20. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
28.23 Subdivision 1. Impairment occurred after driving ceased. If proven by a
28.24preponderance of the evidence, it is an affirmative defense to a violation of section
28.25169A.20, subdivision 1
, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving
28.26while impaired, alcohol concentration within two hours of driving), or169A.20 by a
28.27person having an alcohol concentration of 0.20 or more as measured at the time, or within
28.28two hours of the time, of the offense, that the defendant consumed a sufficient quantity
28.29of alcohol after the time of the violation and before the administration of the evidentiary
28.30test to cause the defendant's alcohol concentration to exceed the level specified in the
28.31applicable clause. Evidence that the defendant consumed alcohol after the time of the
28.32violation may not be admitted in defense to any alleged violation of section169A.20 ,
28.33unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
28.34matter.
29.1EFFECTIVE DATE.This section is effective July 1, 2009.
29.2 Sec. 21. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
29.3 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
29.4subdivision 7, the commissioner shall revoke the driver's license of a person convicted
29.5of violating section169A.20 (driving while impaired) or an ordinance in conformity
29.6with it, as follows:
29.7 (1) for an offense under section169A.20, subdivision 1 (driving while impaired
29.8crime): not less than 30 days;
29.9 (2) for an offense under section169A.20, subdivision 2 (refusal to submit to
29.10chemical test crime): not less than 90 days;
29.11 (3) for an offense occurring within ten years of a qualified prior impaired driving
29.12incident:
29.13 (i) if the current conviction is for a violation of section169A.20, subdivision
29.141 , 1a, 1b, or 1c, not less than 180 days and until the court has certified that treatment
29.15or rehabilitation has been successfully completed where prescribed in accordance with
29.16section169A.70 (chemical use assessments); or
29.17 (ii) if the current conviction is for a violation of section169A.20, subdivision 2 , not
29.18less than one year and until the court has certified that treatment or rehabilitation has been
29.19successfully completed where prescribed in accordance with section169A.70 ;
29.20 (4) for an offense occurring within ten years of the first of two qualified prior
29.21impaired driving incidents: not less than one year, together with denial under section
29.22171.04, subdivision 1
, clause (10), until rehabilitation is established in accordance with
29.23standards established by the commissioner; or
29.24 (5) for an offense occurring within ten years of the first of three or more qualified
29.25prior impaired driving incidents: not less than two years, together with denial under
29.26section171.04, subdivision 1 , clause (10), until rehabilitation is established in accordance
29.27with standards established by the commissioner.
29.28EFFECTIVE DATE.This section is effective July 1, 2009.
29.29 Sec. 22. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
29.30 Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
29.31money,from traffic and motor vehicle law violations, collected from persons apprehended
29.32or arrested by officers of the State Patrol, shall bepaid transmitted by the person or
29.33officer collecting the fines, forfeited bail money, or installments thereof, on or before the
29.34tenth day after the last day of the month in which these moneys were collected, to the
30.1county treasurer of the county where the violation occurred. commissioner of finance.
30.2Except where a different disposition is required in this paragraph, paragraph (b), section
30.3387.213, or otherwise provided by law, three-eighths of these receiptsshall be credited to
30.4the general revenue fund of the county, except that in a county in a judicial district under
30.5section
480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted
30.6to the commissioner of finance for deposit deposited in the state treasury and credited to
30.7the state general fund. The other five-eighths of these receiptsshall be transmitted by that
30.8officer to the commissioner of finance and must be deposited in the state treasury and
30.9credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
30.10Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
30.11receipts must be credited to the state trunk highway fund. If, however, the violation occurs
30.12within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
30.13is entered, one-third of the receipts shall be deposited in the state treasury and credited
30.14to the state generalrevenue fund of the county, one-third of the receipts shall be paid
30.15to the municipality prosecuting the offense, and one-third shall betransmitted to the
30.16commissioner of finance as provided in this subdivision. deposited in the state treasury
30.17and credited to the Minnesota grade crossing safety account or the state trunk highway
30.18fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
30.19section 387.213 shall be applied before this paragraph is applied. All costs of participation
30.20in a nationwide police communication system chargeable to the state of Minnesota shall
30.21be paid from appropriations for that purpose.
30.22(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
30.23from violations of statutes governing the maximum weight of motor vehicles, collected
30.24from persons apprehended or arrested by employees of the state of Minnesota, by means
30.25of stationary or portable scales operated by these employees, shall bepaid transmitted by
30.26the person or officer collecting the fines or forfeited bail money, on or before the tenth day
30.27after the last day of the month in which the collections were made, to thecounty treasurer
30.28of the county where the violation occurred commissioner of finance. Five-eighths of these
30.29receipts shall betransmitted by that officer to the commissioner of finance and shall be
30.30deposited in the state treasury and credited to the state highway user tax distribution fund.
30.31Three-eighths of these receipts shall be deposited in the state treasury and credited to the
30.32state generalrevenue fund of the county, except that in a county in a judicial district
30.33under section
480.181, subdivision 1, paragraph (b), this three-eighths share must be
30.34transmitted to the commissioner of finance for deposit in the state treasury and credited
30.35to the general fund.
30.36EFFECTIVE DATE.This section is effective July 1, 2009.
31.1 Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
31.2 Subd. 2. Fee amounts. The fees to be charged and collected by the court
31.3administrator shall be as follows:
31.4(1) In every civil action or proceeding in said court, including any case arising under
31.5the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
31.6petitioner, or other moving party shall pay, when the first paper is filed for that party in said
31.7action, a fee of$240 $300, except in marriage dissolution actions the fee is $270 $330.
31.8The defendant or other adverse or intervening party, or any one or more of several
31.9defendants or other adverse or intervening parties appearing separately from the others,
31.10shall pay, when the first paper is filed for that party in said action, a fee of$240 $300,
31.11except in marriage dissolution actions the fee is$270 $330.
31.12The party requesting a trial by jury shall pay$75 $100.
31.13The fees above stated shall be the full trial fee chargeable to said parties irrespective
31.14of whether trial be to the court alone, to the court and jury, or disposed of without trial,
31.15and shall include the entry of judgment in the action, but does not include copies or
31.16certified copies of any papers so filed or proceedings under chapter 103E, except the
31.17provisions therein as to appeals.
31.18(2) Certified copy of any instrument from a civil or criminal proceeding,$10 $14,
31.19and$5 $8 for an uncertified copy.
31.20(3) Issuing a subpoena,$12 $16 for each name.
31.21(4) Filing a motion or response to a motion in civil, family, excluding child support,
31.22and guardianship cases,$55 $100.
31.23(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
31.24injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
31.25specifically mentioned,$40 $55.
31.26(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
31.27judgment from another court,$30 $40.
31.28(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
31.29of judgment, $5.
31.30(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
31.31name certified to.
31.32(9) Filing and indexing trade name; or recording basic science certificate;
31.33or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
31.34optometrists, $5.
31.35(10) For the filing of each partial, final, or annual account in all trusteeships,$40 $55.
31.36(11) For the deposit of a will,$20 $27.
32.1(12) For recording notary commission, $100, of which, notwithstanding subdivision
32.21a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
32.3in the state treasury and credited to the general fund.
32.4(13) Filing a motion or response to a motion for modification of child support,
32.5a fee of$55 $100.
32.6(14) All other services required by law for which no fee is provided, such fee
32.7as compares favorably with those herein provided, or such as may be fixed by rule or
32.8order of the court.
32.9(15) In addition to any other filing fees under this chapter, a surcharge in the
32.10amount of $75 must be assessed in accordance with section259.52, subdivision 14 , for
32.11each adoption petition filed in district court to fund the fathers' adoption registry under
32.12section259.52 .
32.13The fees in clauses (3) and (5) need not be paid by a public authority or the party
32.14the public authority represents.
32.15EFFECTIVE DATE.This section is effective July 1, 2009.
32.16 Sec. 24. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
32.17 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
32.18in this paragraph, the court shall impose and the court administrator shall collect a $75
32.19surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
32.20or petty misdemeanor offense, other than a violation of a law or ordinance relating to
32.21vehicle parking, for which there shall be a$4 $5 surcharge. When a defendant is convicted
32.22of more than one offense in a case, the surcharge shall be imposed only once in that
32.23case. In the Second Judicial District, the court shall impose, and the court administrator
32.24shall collect, an additional $1 surcharge on every person convicted of any felony, gross
32.25misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
32.26or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
32.27authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
32.28sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
32.29when a person is convicted of a petty misdemeanor for which no fine is imposed.
32.30 (b) If the court fails to impose a surcharge as required by this subdivision, the court
32.31administrator shall show the imposition of the surcharge, collect the surcharge, and
32.32correct the record.
32.33 (c) The court may not waive payment of the surcharge required under this
32.34subdivision. Upon a showing of indigency or undue hardship upon the convicted person
33.1or the convicted person's immediate family, the sentencing court may authorize payment
33.2of the surcharge in installments.
33.3 (d) The court administrator or other entity collecting a surcharge shall forward it
33.4to the commissioner of finance.
33.5 (e) If the convicted person is sentenced to imprisonment and has not paid the
33.6surcharge before the term of imprisonment begins, the chief executive officer of the
33.7correctional facility in which the convicted person is incarcerated shall collect the
33.8surcharge from any earnings the inmate accrues from work performed in the facility
33.9or while on conditional release. The chief executive officer shall forward the amount
33.10collected to thecommissioner of finance court administrator or other entity collecting the
33.11surcharge imposed by the court.
33.12EFFECTIVE DATE.This section is effective July 1, 2009.
33.13 Sec. 25. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
33.14 Subd. 7. Disbursement of surcharges by commissioner of finance. (a) Except
33.15as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
33.16surcharges received under subdivision 6 and section97A.065, subdivision 2 , as follows:
33.17 (1) one percent shall be credited to the game and fish fund to provide peace officer
33.18training for employees of the Department of Natural Resources who are licensed under
33.19sections626.84 to
626.863 , and who possess peace officer authority for the purpose of
33.20enforcing game and fish laws;
33.21 (2) 39 percent shall be credited to the peace officers training account in the special
33.22revenue fund; and
33.23 (3) 60 percent shall be credited to the general fund.
33.24 (b) The commissioner of finance shall credit $3 of each surcharge received under
33.25subdivision 6 and section97A.065, subdivision 2 , to the general fund.
33.26 (c) In addition to any amounts credited under paragraph (a), the commissioner
33.27of finance shall credit $47 of each surcharge received under subdivision 6 and section
33.2897A.065, subdivision 2
, and the $4 $5 parking surcharge, to the general fund.
33.29 (d) If the Ramsey County Board of Commissioners authorizes imposition of
33.30the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
33.31administrator in the Second Judicial District shall transmit the surcharge to the
33.32commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
33.33surcharge account in the special revenue fund and amounts in the account are appropriated
33.34to the trial courts for the administration of the petty misdemeanor diversion program
33.35operated by the Second Judicial District Ramsey County Violations Bureau.
34.1EFFECTIVE DATE.This section is effective July 1, 2009.
34.2 Sec. 26. Minnesota Statutes 2008, section 357.022, is amended to read:
34.3357.022 CONCILIATION COURT FEE.
34.4The court administrator in every county shall charge and collect a filing fee of$50
34.5$65 from every plaintiff and from every defendant when the first paper for that party is
34.6filed in any conciliation court action. This section does not apply to conciliation court
34.7actions filed by the state. The court administrator shall transmit the fees monthly to the
34.8commissioner of finance for deposit in the state treasury and credit to the general fund.
34.9EFFECTIVE DATE.This section is effective July 1, 2009.
34.10 Sec. 27. Minnesota Statutes 2008, section 357.08, is amended to read:
34.11357.08 PAID BY APPELLANT IN APPEAL.
34.12There shall be paid to the clerk of the appellate courts by the appellant, or moving
34.13party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
34.14mandamus, injunction, prohibition, or other original proceeding, when initially filed with
34.15the clerk of the appellate courts, the sum of$500 $550 to the clerk of the appellate courts.
34.16An additional filing fee of $100 shall be required for a petition for accelerated review by
34.17the Supreme Court. A filing fee of$500 $550 shall be paid to the clerk of the appellate
34.18courts upon the filing of a petition for review from a decision of the Court of Appeals. A
34.19filing fee of$500 $550 shall be paid to the clerk of the appellate courts upon the filing
34.20of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
34.21the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
34.22transmit the fees to the commissioner of finance for deposit in the state treasury and
34.23credit to the general fund.
34.24The clerk shall not file any paper, issue any writ or certificate, or perform any service
34.25enumerated herein, until the payment has been made for it. The clerk shall pay the sum
34.26into the state treasury as provided for by section15A.01 .
34.27The charges provided for shall not apply to disbarment proceedings, nor to an
34.28action or proceeding by the state taken solely in the public interest, where the state is the
34.29appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
34.30to the parties before judgment, or furnished to the district judge whose decision is under
34.31review, or to such law library associations in counties having a population exceeding
34.3250,000, as the court may direct.
34.33EFFECTIVE DATE.This section is effective July 1, 2009.
35.1 Sec. 28. Minnesota Statutes 2008, section 364.08, is amended to read:
35.2364.08 PRACTICE OF LAW; EXCEPTION.
35.3This chapter shall not apply to the practice of law or judicial branch employment;
35.4but nothing in this section shall be construed to preclude the Supreme Court, in its
35.5discretion, from adopting the policies set forth in this chapter.
35.6EFFECTIVE DATE.This section is effective July 1, 2009.
35.7 Sec. 29. Minnesota Statutes 2008, section 375.14, is amended to read:
35.8375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
35.9The county board shall provide offices at the county seat for the auditor, treasurer,
35.10county recorder, sheriff, court administrator of the district court, and an office for the
35.11county engineer at a site determined by the county board, with suitable furniture and
35.12safes and vaults for the security and preservation of the books and papers of the offices,
35.13and provide heating, lighting, and maintenance of the offices. The board shall furnish
35.14all county officers with all books, stationery, letterheads, envelopes, postage, telephone
35.15service, office equipment, electronic technology, and supplies necessary to the discharge
35.16of their respective dutiesand make like provision for the judges of the district court
35.17as necessary to the discharge of their duties within the county or concerning matters
35.18arising in it. The board is not required to furnish any county officer with professional or
35.19technical books or instruments except when the board deems them directly necessary to
35.20the discharge of official duties as part of the permanent equipment of the office.
35.21EFFECTIVE DATE.This section is effective July 1, 2009.
35.22 Sec. 30. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
35.23to read:
35.24 Subd. 10c. Uniform collections policies and procedures for courts. (a)
35.25Notwithstanding chapter 16D, the state court administrator under the direction of the
35.26Judicial Council may promulgate uniform collections policies and procedures for the
35.27courts and may contract with credit bureaus, public and private collection agencies, the
35.28Department of Revenue, and other public or private entities providing collection services
35.29as necessary for the collection of court debts. The court collection process and procedures
35.30are not subject to section 16A.1285 or chapter 16D.
35.31(b) Court debt means an amount owed to the state directly or through the judicial
35.32branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
35.33court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
36.1liability owed, an assignment to the judicial branch, recovery of costs incurred by the
36.2judicial branch, or any other source of indebtedness to the judicial branch as well as
36.3amounts owed to other public or private entities for which the judicial branch acts in
36.4providing collection services, or any other amount owed to the judicial branch.
36.5(c) The courts must pay for the collection services of public or private collection
36.6entities as well as the cost of one or more court employees to provide collection interface
36.7services between the Department of Revenue, the courts, and one or more collection
36.8entities from the money collected. The portion of the money collected which must be paid
36.9to the collection entity as collection fees and costs and the portion of the money collected
36.10which must be paid to the courts or Department of Revenue for collection services are
36.11appropriated from the fund to which the collected money is due.
36.12(d) As determined by the state court administrator, collection costs shall be added to
36.13the debts referred to a public or private collection entity for collection.
36.14Collection costs shall include the fees of the collection entity, and may include, if
36.15separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
36.16by any public entity for obtaining information necessary for debt collection, or other
36.17collection-related costs. Collection costs shall also include the costs of one or more court
36.18employees employed by the state court administrator to provide a collection interface
36.19between the collection entity, the Department of Revenue, and the courts.
36.20If the collection entity collects an amount less than the total due, the payment is
36.21applied proportionally to collection costs and the underlying debt. Collection costs in
36.22excess of collection agency fees and court employee collection interface costs must be
36.23deposited in the general fund as nondedicated receipts.
36.24EFFECTIVE DATE.This section is effective July 1, 2009.
36.25 Sec. 31. Minnesota Statutes 2008, section 484.85, is amended to read:
36.26484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
36.27ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
36.28(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
36.29for the violation of a statute or ordinance by the state or a governmental subdivision other
36.30than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
36.31paid over to the county treasurer except where a different disposition is provided by law,
36.32and the following fees shall be taxed to the state or governmental subdivision other than
36.33a city or town within Ramsey County which would be entitled to payment of the fines,
36.34forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
37.1disposal of the matter. The administrator shall deduct the fees from any fine collected for
37.2the state of Minnesota or a governmental subdivision other than a city or town within
37.3Ramsey County and transmit the balance in accordance with the law, and the deduction of
37.4the total of the fees each month from the total of all the fines collected is hereby expressly
37.5made an appropriation of funds for payment of the fees:
37.6(1) in all cases where the defendant is brought into court and pleads guilty and is
37.7sentenced, or the matter is otherwise disposed of without a trial, $5;
37.8(2) in arraignments where the defendant waives a preliminary examination, $10;
37.9(3) in all other cases where the defendant stands trial or has a preliminary
37.10examination by the court, $15; and
37.11(4) the court shall have the authority to waive the collection of fees in any particular
37.12case.
37.13(b) On or before the last day of each month, the county treasurer shall pay over
37.14to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
37.15collected and to the treasurer of each other municipality or subdivision of government in
37.16Ramsey County one-half of all fines or penalties collected during the previous month from
37.17those imposed for offenses committed within the treasurer's municipality or subdivision
37.18of government in violation of a statute; an ordinance; or a charter provision, rule, or
37.19regulation of a city. All other fines and forfeitures and all fees and costs collected by the
37.20district court shall be paid to the treasurer of Ramsey County, who shall dispense the
37.21same as provided by law.
37.22(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
37.23municipality or subdivision of government within Ramsey County for violation of a
37.24statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties,
37.25and forfeitures collected by the court administrator shall be forwarded to the commissioner
37.26of finance and distributed according to this paragraph. Except where a different disposition
37.27is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
37.28each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
37.29collected by the court administrator during the previous month as follows:
37.30(1) for offenses committed within the city of St. Paul, two-thirds paid to the
37.31treasurer of the city of St. Paul and one-third deposited in the state treasury and credited
37.32to the general fund; and
37.33(2) for offenses committed within any other municipality or subdivision of
37.34government within Ramsey County, one-half to the treasurer of the municipality or
37.35subdivision of government and one-half deposited in the state treasury and credited to the
37.36general fund.
38.1All other fines, penalties, and forfeitures collected by the district court shall be
38.2forwarded to the commissioner of finance, who shall distribute them as provided by law.
38.3(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
38.4(a) when:
38.5(1) a city contracts with the county attorney for prosecutorial services under section
38.6484.87, subdivision 3; or
38.7(2) the attorney general provides assistance to the city attorney under section 484.87,
38.8subdivision 5.
38.9(c) The court administrator shall provide the commissioner of finance with the name
38.10of the municipality or other subdivision of government where the offense was committed
38.11and the total amount of fines or penalties collected for each city, town, or other subdivision
38.12of government, for the county, or for the state.
38.13EFFECTIVE DATE.This section is effective July 1, 2009.
38.14 Sec. 32. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
38.15 Subd. 6. Allocation.The court administrator shall provide the county treasurer with
38.16the name of the municipality or other subdivision of government where the offense was
38.17committed which employed or provided by contract the arresting or apprehending officer
38.18and the name of the municipality or other subdivision of government which employed the
38.19prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
38.20penalty and the total amount of fines or penalties collected for each municipality or other
38.21subdivision of government. On or before the last day of each month, the county treasurer
38.22shall pay over to the treasurer of each municipality or subdivision of government within
38.23the county all fines or penalties for parking violations for which complaints and warrants
38.24have not been issued and one-third of all fines or penalties collected during the previous
38.25month for offenses committed within the municipality or subdivision of government
38.26from persons arrested or issued citations by officers employed by the municipality or
38.27subdivision or provided by the municipality or subdivision by contract. An additional
38.28one-third of all fines or penalties shall be paid to the municipality or subdivision of
38.29government providing prosecution of offenses of the type for which the fine or penalty
38.30is collected occurring within the municipality or subdivision, imposed for violations of
38.31state statute or of an ordinance, charter provision, rule, or regulation of a city whether or
38.32not a guilty plea is entered or bail is forfeited. Except as provided in section
299D.03,
38.33subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees
38.34and statutory court costs collected by the court administrator shall be paid to the county
38.35treasurer of the county in which the funds were collected who shall dispense them as
39.1provided by law. In a county in a judicial district under section
480.181, subdivision 1,
39.2paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to
39.3the commissioner of finance for deposit in the state treasury and credited to the general
39.4fund. (a) In all cases prosecuted in district court by an attorney for a municipality or
39.5other subdivision of government within the county for violations of state statute, or of
39.6an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and
39.7forfeitures collected shall be forwarded to the commissioner of finance and distributed
39.8according to this paragraph. Except where a different disposition is provided by section
39.9299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each
39.10month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
39.11collected by the court administrator during the previous month as follows:
39.12(1) 100 percent of all fines or penalties for parking violations for which complaints
39.13and warrants have not been issued to the treasurer of the city or town in which the offense
39.14was committed; and
39.15(2) two-thirds of all other fines to the treasurer of the city or town in which the
39.16offense was committed and one-third deposited in the state treasury and credited to the
39.17general fund.
39.18All other fines, penalties, and forfeitures collected by the court administrator shall be
39.19forwarded to the commissioner of finance, who shall distribute them as provided by law.
39.20(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
39.21(a) when:
39.22(1) a city contracts with the county attorney for prosecutorial services under section
39.23484.87, subdivision 3;
39.24(2) a city has a population of 600 or less and has given the duty to prosecute cases to
39.25the county attorney under section 484.87; or
39.26(3) the attorney general provides assistance to the county attorney as permitted
39.27by law.
39.28(c) The court administrator shall provide the commissioner of finance with the name
39.29of the city, town, or other subdivision of government where the offense was committed
39.30and the total amount of fines or penalties collected for each city, town, or other subdivision
39.31of government, for the county, or for the state.
39.32EFFECTIVE DATE.This section is effective July 1, 2009.
39.33 Sec. 33. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
39.34 Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
39.35rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
40.1conciliation court judgment or a judgment of district court on removal from conciliation
40.2court has been docketed in district court, the judgment creditor's attorney as an officer of
40.3the court may or the district court in the county in which the judgment originated shall,
40.4upon request of the judgment creditor, order the judgment debtor to mail to the judgment
40.5creditor information as to the nature, amount, identity, and locations of all the debtor's
40.6assets, liabilities, and personal earning. The information must be provided on a form
40.7prescribed by the Supreme Court, and the information shall be sufficiently detailed to
40.8enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
40.9nonexempt assets and earnings of the judgment debtor. The order must contain a notice
40.10that failure to complete the form and mail it to the judgment creditor within ten days after
40.11service of the order may result in a citation for civil contempt of court. Cash bail posted as
40.12a result of being cited for civil contempt of court order under this section may be ordered
40.13payable to the creditor to satisfy the judgment, either partially or fully.
40.14EFFECTIVE DATE.This section is effective July 1, 2009.
40.15 Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
40.16 Subdivision 1. Original documents. The court administrator of any county upon
40.17order of the judge exercising probate jurisdiction may destroy all the original documents
40.18in any probate proceeding of record in the officefive years after the file in such proceeding
40.19has been closed provided the original or a Minnesota state archives commission approved
40.20photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
40.21of the original of the following enumerated documents in the proceeding are on file in
40.22the office.
40.23Enumerated original documents:
40.24(a) In estates, the jurisdictional petition and proof of publication of the notice of
40.25hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
40.26directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
40.27setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
40.28orders of distribution and general protection; decrees of distribution; federal estate tax
40.29closing letter, consent to discharge by commissioner of revenue and order discharging
40.30representative; and any amendment of the listed documents.
40.31When an estate is deemed closed as provided in clause (d) of this subdivision, the
40.32enumerated documents shall include all claims of creditors.
40.33(b) In guardianships or conservatorships, the jurisdictional petition and order for
40.34hearing thereof with proof of service; letters; orders directing and confirming sale,
41.1mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
41.2discharging guardian; and any amendment of the listed documents.
41.3(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
41.4examination; warrant of commitment; notice of discharge from institution, or notice of
41.5death and order for restoration to capacity; and any amendment of the listed documents.
41.6(d) Except for the enumerated documents described in this subdivision, the court
41.7administrator may destroy all other original documents in any probate proceeding without
41.8retaining any reproduction of the document. For the purpose of this subdivision, a
41.9proceeding is deemed closed if no document has been filed in the proceeding for a period
41.10of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
41.11decedents not adjudicated upon.
41.12EFFECTIVE DATE.This section is effective July 1, 2009.
41.13 Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
41.14 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
41.15of money, including a judgment for the recovery of taxes, interest from the time of
41.16the verdict, award, or report until judgment is finally entered shall be computed by the
41.17court administrator or arbitrator as provided in paragraph (c) and added to the judgment
41.18or award.
41.19(b) Except as otherwise provided by contract or allowed by law, preverdict,
41.20preaward, or prereport interest on pecuniary damages shall be computed as provided
41.21in paragraph (c) from the time of the commencement of the action or a demand for
41.22arbitration, or the time of a written notice of claim, whichever occurs first, except as
41.23provided herein. The action must be commenced within two years of a written notice of
41.24claim for interest to begin to accrue from the time of the notice of claim. If either party
41.25serves a written offer of settlement, the other party may serve a written acceptance or a
41.26written counteroffer within 30 days. After that time, interest on the judgment or award
41.27shall be calculated by the judge or arbitrator in the following manner. The prevailing
41.28party shall receive interest on any judgment or award from the time of commencement
41.29of the action or a demand for arbitration, or the time of a written notice of claim, or as
41.30to special damages from the time when special damages were incurred, if later, until the
41.31time of verdict, award, or report only if the amount of its offer is closer to the judgment or
41.32award than the amount of the opposing party's offer. If the amount of the losing party's
41.33offer was closer to the judgment or award than the prevailing party's offer, the prevailing
41.34party shall receive interest only on the amount of the settlement offer or the judgment or
41.35award, whichever is less, and only from the time of commencement of the action or a
42.1demand for arbitration, or the time of a written notice of claim, or as to special damages
42.2from when the special damages were incurred, if later, until the time the settlement offer
42.3was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
42.4and counteroffers. For the purposes of clause (2), the amount of settlement offer must
42.5be allocated between past and future damages in the same proportion as determined by
42.6the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
42.7preaward, or prereport interest shall not be awarded on the following:
42.8(1) judgments, awards, or benefits in workers' compensation cases, but not including
42.9third-party actions;
42.10(2) judgments or awards for future damages;
42.11(3) punitive damages, fines, or other damages that are noncompensatory in nature;
42.12(4) judgments or awards not in excess of the amount specified in section491A.01 ;
42.13and
42.14(5) that portion of any verdict, award, or report which is founded upon interest, or
42.15costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
42.16(c)(1) For a judgment or award of $50,000 or less, the interest shall be computed as
42.17simple interest per annum. The rate of interest shall be based on the secondary market
42.18yield of one year United States Treasury bills, calculated on a bank discount basis as
42.19provided in this section.
42.20On or before the 20th day of December of each year the state court administrator
42.21shall determine the rate from the one-year constant maturity treasury yield for the most
42.22recent calendar month, reported on a monthly basis in the latest statistical release of the
42.23board of governors of the Federal Reserve System. This yield, rounded to the nearest one
42.24percent, or four percent, whichever is greater, shall be the annual interest rate during the
42.25succeeding calendar year. The state court administrator shall communicate the interest
42.26rates to the court administrators and sheriffs for use in computing the interest on verdicts
42.27and shall make the interest rates available to arbitrators.
42.28(2) For a judgment or award over $50,000, the interest rate shall be ten percent
42.29per year.
42.30(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
42.31received a payment after entry of judgment, whether the payment is made voluntarily by
42.32or on behalf of the judgment debtor, or is collected by legal process other than execution
42.33levy where a proper return has been filed with the court administrator, the judgment
42.34creditor, or the judgment creditor's attorney, before applying to the court administrator
42.35for an execution shall file with the court administrator an affidavit of partial satisfaction.
42.36The affidavit must state the dates and amounts of payments made upon the judgment after
43.1the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
43.2is applied to taxable disbursements and to accrued interest and to the unpaid principal
43.3balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
43.4application of each payment.
43.5(d) This section does not apply to arbitrations between employers and employees
43.6under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
43.7awarding interest under chapter 179 or under section179A.16 for essential employees.
43.8EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
43.9judgments and awards finally entered on or after that date.
43.10 Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
43.11550.011 JUDGMENT DEBTOR DISCLOSURE.
43.12Unless the parties have otherwise agreed, if a judgment has been docketed in
43.13district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
43.14attorney as an officer of the court may or the district court in the county in which the
43.15judgment originated shall, upon request of the judgment creditor, order the judgment
43.16debtor to mail by certified mail to the judgment creditor information as to the nature,
43.17amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
43.18The information must be provided on a form prescribed by the Supreme Court, and
43.19the information shall be sufficiently detailed to enable the judgment creditor to obtain
43.20satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
43.21judgment debtor. The order must contain a notice that failure to complete the form and
43.22mail it to the judgment creditor within ten days after service of the order may result in a
43.23citation for civil contempt of court. Cash bail posted as a result of being cited for civil
43.24contempt of court order under this section may be ordered payable to the creditor to
43.25satisfy the judgment, either partially or fully.
43.26EFFECTIVE DATE.This section is effective July 1, 2009.
43.27 Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
43.28 Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a
43.29violation of a provision listed in paragraph (e), the court may sentence the person to a
43.30consecutive term of imprisonment for a violation of any other provision listed in paragraph
43.31(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
43.32subject to the limitation on consecutive sentences contained in section609.15, subdivision
43.332 , and except as provided in paragraphs (b), (c), and (f) of this subdivision.
44.1 (b) When a person is being sentenced for a violation of section171.09 ,
171.20 ,
44.2171.24
, or
171.30 , the court may not impose a consecutive sentence for another violation
44.3of a provision in chapter 171.
44.4 (c) When a person is being sentenced for a violation of section169.791 or
169.797 ,
44.5the court may not impose a consecutive sentence for another violation of a provision
44.6of sections169.79 to
169.7995 .
44.7 (d) This subdivision does not limit the authority of the court to impose consecutive
44.8sentences for crimes arising on different dates or to impose a consecutive sentence when a
44.9person is being sentenced for a crime and is also in violation of the conditions of a stayed
44.10or otherwise deferred sentence under section609.135 .
44.11 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
44.12the following if the offender has two or more prior impaired driving convictions as defined
44.13in section169A.03 within the past ten years:
44.14 (1) section169A.20, subdivision 1, 1a, 1b, or 1c , driving while impaired;
44.15 (2) section169A.20, subdivision 2 , test refusal;
44.16 (3) section169.791 , failure to provide proof of insurance;
44.17 (4) section169.797 , failure to provide vehicle insurance;
44.18 (5) section171.09 , violation of condition of restricted license;
44.19 (6) section171.20, subdivision 2 , operation after revocation, suspension,
44.20cancellation, or disqualification;
44.21 (7) section171.24 , driving without valid license; and
44.22 (8) section171.30 , violation of condition of limited license.
44.23 (f) When a court is sentencing an offender for a violation of section169A.20 and a
44.24violation of an offense listed in paragraph (e), and the offender has five or more qualified
44.25prior impaired driving incidents, as defined in section169A.03 , within the past ten years,
44.26the court shall sentence the offender to serve consecutive sentences for the offenses,
44.27notwithstanding the fact that the offenses arose out of the same course of conduct.
44.28 Sec. 38. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
44.29 Subdivision 1. Sentences available. (a) Upon conviction of a felony and compliance
44.30with the other provisions of this chapter the court, if it imposes sentence, may sentence
44.31the defendant to the extent authorized by law as follows:
44.32(1) to life imprisonment; or
44.33(2) to imprisonment for a fixed term of years set by the court; or
44.34(3) to both imprisonment for a fixed term of years and payment of a fine; or
45.1(4) to payment of a fine without imprisonmentor to imprisonment for a fixed term of
45.2years if the fine is not paid or as an intermediate sanction on a stayed sentence; or
45.3(5) to payment of court-ordered restitution in addition to either imprisonment
45.4or payment of a fine, or both; or
45.5(6) to payment of a local correctional fee as authorized under section609.102 in
45.6addition to any other sentence imposed by the court.
45.7(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
45.8due on the date imposed unless the court otherwise establishes a due date or a payment
45.9plan.
45.10EFFECTIVE DATE.This section is effective July 1, 2009.
45.11 Sec. 39. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
45.12 Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
45.13(1) when a court sentences a person convicted of a felony that is not listed in
45.14subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
45.15authorized by law nor more than the maximum fine authorized by law; and
45.16(2) when a court sentences a person convicted of a gross misdemeanor or
45.17misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
45.1830 percent of the maximum fine authorized by law nor more than the maximum fine
45.19authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
45.20establishedby the Judicial Council in consultation with affected state and local agencies.
45.21This schedule shall be promulgated not later than September 1 of each year and shall
45.22become effective on January 1 of the next year unless the legislature, by law, provides
45.23otherwise according to section 609.1315.
45.24The minimum fine required by this subdivision is in addition to the surcharge or
45.25assessment required by section357.021, subdivision 6 , and is in addition to any sentence
45.26of imprisonment or restitution imposed or ordered by the court.
45.27The court shall collect the fines mandated in this subdivision and, except for fines for
45.28traffic and motor vehicle violations governed by section
169.871 and section
299D.03 and
45.29fish and game violations governed by section
97A.065, forward 20 percent of the revenues
45.30to the commissioner of finance for deposit in the general fund.
45.31EFFECTIVE DATE.This section is effective July 1, 2009.
45.32 Sec. 40. [609.104] FINE AND SURCHARGE COLLECTION.
46.1 Subdivision 1. Failure to pay restitution or fine. (a) Any portion of a fine,
46.2surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
46.3be referred for collection under section 480.15, subdivision 10c. If the defendant has
46.4agreed to a payment plan but fails to pay an installment when due, the entire amount
46.5remaining becomes due and payable and may be referred for collection under section
46.6480.15, subdivision 10c.
46.7(b) The defendant may contest the referral for collection based on inability to pay by
46.8requesting a hearing no later than the due date. The defendant shall be notified in writing
46.9at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
46.10collection for nonpayment, and collection costs may be added to the amount due. The
46.11defendant shall also be notified in writing of the right to contest a referral for collection.
46.12The state court administrator shall develop the notice language.
46.13 Subd. 2. Fine and surcharge collection. (a) A defendant's obligation to pay
46.14court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
46.15date for a period set by the Judicial Council.
46.16(b) Any change in the collection period established by the Judicial Council shall be
46.17effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
46.18or after the effective date of this section.
46.19(c) The period relating to a defendant's obligation to pay restitution under paragraph
46.20(a) does not limit the victim's right to collect restitution through other means such as a
46.21civil judgment.
46.22(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
46.23imposition or execution.
46.24EFFECTIVE DATE.This section is effective July 1, 2009.
46.25 Sec. 41. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
46.26 Subdivision 1. Sentences available. (a) Upon conviction of a misdemeanor or gross
46.27misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
46.28sentence the defendant:
46.29(1) to imprisonment for a definite term; or
46.30(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid
46.31without imprisonment or as an intermediate sanction on a stayed sentence; or
46.32(3) to both imprisonment for a definite term and payment of a fine; or
46.33(4) to payment of court-ordered restitution in addition to either imprisonment
46.34or payment of a fine, or both; or
47.1(5) to payment of a local correctional fee as authorized under section609.102 in
47.2addition to any other sentence imposed by the court; or
47.3(6) to perform work service in a restorative justice program in addition to any other
47.4sentence imposed by the court.
47.5(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
47.6due on the date imposed unless the court otherwise establishes a due date or a payment
47.7plan.
47.8EFFECTIVE DATE.This section is effective July 1, 2009.
47.9 Sec. 42. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
47.10 Subd. 3. Use of conviction for enhancement. Notwithstanding any other law, a
47.11conviction for a violation that was originally charged as a misdemeanor and was treated
47.12as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure, or
47.13was treated as a petty misdemeanor by inclusion on the uniform fine schedule, may not
47.14be used as the basis for charging a subsequent violation as a gross misdemeanor rather
47.15than a misdemeanor.
47.16EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
47.17violations committed on or after that date.
47.18 Sec. 43. [609.1315] UNIFORM FINE SCHEDULE.
47.19 Subdivision 1. Establishment and effective date. The Judicial Council shall
47.20establish a uniform fine schedule in consultation with affected state and local agencies.
47.21The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but
47.22shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine
47.23schedule shall set a fine that may be paid for each offense in lieu of a court appearance.
47.24The uniform fine schedule and any modifications shall be submitted to the legislature for
47.25approval by January 1 of each year and shall become effective on July 1 of that year unless
47.26the legislature, by law, provides otherwise.
47.27 Subd. 2. Effect on misdemeanor offenses. Any misdemeanors included on the
47.28uniform fine schedule shall be treated as petty misdemeanors, unless on the third or
47.29subsequent offense the charge is brought by a formal complaint or, for offenses committed
47.30under chapter 169, the violation was committed in a manner or under circumstances so as
47.31to endanger or be likely to endanger any person or property. Nothing in this subdivision
47.32limits the authority of a peace officer to make an arrest for offenses included on the
48.1uniform fine schedule. Nothing in this section limits the operation of section 169.89,
48.2subdivision 1. This subdivision expires on July 1, 2011.
48.3 Subd. 3. Notice. A defendant must be advised in writing that payment of the fine for
48.4an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to
48.5trial, and waiver of the right to counsel.
48.6EFFECTIVE DATE.Subdivision 2 is effective July 1, 2009, and applies to acts
48.7committed on or after that date.
48.8 Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
48.9 Subdivision 1. Terms and conditions. (a) Except when a sentence of life
48.10imprisonment is required by law, or when a mandatory minimum sentence is required by
48.11section609.11 , any court may stay imposition or execution of sentence and:
48.12(1) may order intermediate sanctions without placing the defendant on probation; or
48.13(2) may place the defendant on probation with or without supervision and on the
48.14terms the court prescribes, including intermediate sanctions when practicable. The court
48.15may order the supervision to be under the probation officer of the court, or, if there is
48.16none and the conviction is for a felony or gross misdemeanor, by the commissioner of
48.17corrections, or in any case by some other suitable and consenting person. Unless the court
48.18directs otherwise, state parole and probation agents and probation officers may impose
48.19community work service or probation violation sanctions, consistent with section243.05,
48.20subdivision 1 ; sections
244.196 to
244.199 ; or
401.02, subdivision 5 .
48.21No intermediate sanction may be ordered performed at a location that fails to
48.22observe applicable requirements or standards of chapter 181A or 182, or any rule
48.23promulgated under them.
48.24(b) For purposes of this subdivision, subdivision 6, and section609.14 , the term
48.25"intermediate sanctions" includes but is not limited to incarceration in a local jail or
48.26workhouse, home detention, electronic monitoring, intensive probation, sentencing to
48.27service, reporting to a day reporting center, chemical dependency or mental health
48.28treatment or counseling, restitution, fines, day-fines, community work service, work
48.29service in a restorative justice program, work in lieu of or to work off fines and, with the
48.30victim's consent, work in lieu of or to work off restitution.
48.31(c) A court may not stay the revocation of the driver's license of a person convicted
48.32of violating the provisions of section169A.20 .
48.33(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
48.34payment is due on the date imposed unless the court otherwise establishes a due date
48.35or a payment plan.
49.1EFFECTIVE DATE.This section is effective July 1, 2009.
49.2 Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
49.3 Subd. 1a. Failure to pay restitutionor fine. If the court orders payment of
49.4restitutionor a fine as a condition of probation and if the defendant fails to pay the
49.5restitutionor a fine in accordance with the payment schedule or structure established
49.6by the court or the probation officer, the prosecutor or the defendant's probation officer
49.7may, on the prosecutor's or the officer's own motion or at the request of the victim,
49.8ask the court to hold a hearing to determine whether or not the conditions of probation
49.9should be changed or probation should be revoked. The defendant's probation officer
49.10shall ask for the hearing if the restitutionor fine ordered has not been paid prior to 60
49.11days before the term of probation expires. The court shall schedule and hold this hearing
49.12and take appropriate action, including action under subdivision 2, paragraph (g), before
49.13the defendant's term of probation expires.
49.14Nothing in this subdivision limits the court's ability to refer the case to collections
49.15under section 609.104 when a defendant fails to pay court-ordered restitution.
49.16EFFECTIVE DATE.This section is effective July 1, 2009.
49.17 Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
49.18 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
49.19other than section609.21, subdivision 1a , paragraph (b) or (c), the stay shall be for not
49.20more than four years or the maximum period for which the sentence of imprisonment
49.21might have been imposed, whichever is longer.
49.22(b) If the conviction is for a gross misdemeanor violation of section169A.20
49.23or609.21, subdivision 1a , paragraph (d), or for a felony described in section
609.21,
49.24subdivision 1a , paragraph (b) or (c), the stay shall be for not more than six years. The
49.25court shall provide for unsupervised probation for the last year of the stay unless the court
49.26finds that the defendant needs supervised probation for all or part of the last year.
49.27(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
49.28stay shall be for not more than two years.
49.29(d) If the conviction is for any misdemeanor under section169A.20 ;
609.746,
49.30subdivision 1 ;
609.79 ; or
617.23 ; or for a misdemeanor under section
609.2242 or
49.31609.224, subdivision 1
, in which the victim of the crime was a family or household
49.32member as defined in section518B.01 , the stay shall be for not more than two years. The
49.33court shall provide for unsupervised probation for the second year of the stay unless the
49.34court finds that the defendant needs supervised probation for all or part of the second year.
50.1(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
50.2shall be for not more than one year.
50.3(f) The defendant shall be discharged six months after the term of the stay expires,
50.4unless the stay has been revoked or extended under paragraph (g), or the defendant has
50.5already been discharged.
50.6(g) Notwithstanding the maximum periods specified for stays of sentences under
50.7paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
50.8if it finds, at a hearing conducted under subdivision 1a, that:
50.9(1) the defendant has not paid court-ordered restitutionor a fine in accordance
50.10with the payment schedule or structure; and
50.11(2) the defendant is likely to not pay the restitutionor fine the defendant owes before
50.12the term of probation expires.
50.13This one-year extension of probation for failure to pay restitutionor a fine may be
50.14extended by the court for up to one additional year if the court finds, at another hearing
50.15conducted under subdivision 1a, that the defendant still has not paid the court-ordered
50.16restitutionor fine that the defendant owes.
50.17Nothing in this subdivision limits the court's ability to refer the case to collections
50.18under section 609.104.
50.19(h) Notwithstanding the maximum periods specified for stays of sentences under
50.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
50.21years if it finds, at a hearing conducted under subdivision 1c, that:
50.22(1) the defendant has failed to complete court-ordered treatment successfully; and
50.23(2) the defendant is likely not to complete court-ordered treatment before the term of
50.24probation expires.
50.25EFFECTIVE DATE.This section is effective July 1, 2009.
50.26 Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read:
50.27611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
50.28STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
50.29 (a) Each judicial district must screen requests for representation by the district public
50.30defender. A defendant is financially unable to obtain counsel if:
50.31 (1) the defendant, or any dependent of the defendant who resides in the same
50.32household as the defendant, receives means-tested governmental benefits; or
51.1 (2) the defendant, through any combination of liquid assets and current income,
51.2would be unable to pay the reasonable costs charged by private counsel in that judicial
51.3district for a defense of the same matter.
51.4 (b) Upon a request for the appointment of counsel, the court shall make appropriate
51.5inquiry into the financial circumstances of the applicant, who shall submit a financial
51.6statement under oath or affirmation setting forth the applicant's assets and liabilities,
51.7including the value of any real property owned by the applicant, whether homestead or
51.8otherwise, less the amount of any encumbrances on the real property, the source or sources
51.9of income, and any other information required by the court. The applicant shall be under
51.10a continuing duty while represented by a public defender to disclose any changes in the
51.11applicant's financial circumstances that might be relevant to the applicant's eligibility for a
51.12public defender. The state public defender shall furnish appropriate forms for the financial
51.13statements. The forms must contain conspicuous notice of the applicant's continuing duty
51.14to disclose to the court changes in the applicant's financial circumstances. The forms must
51.15also contain conspicuous notice of the applicant's obligation to make a co-payment for the
51.16services of the district public defender, as specified under paragraph (c). The information
51.17contained in the statement shall be confidential and for the exclusive use of the court
51.18and the public defender appointed by the court to represent the applicant except for any
51.19prosecution under section609.48 . A refusal to execute the financial statement or produce
51.20financial records constitutes a waiver of the right to the appointment of a public defender.
51.21The court shall not appoint a district public defender to a defendant who is financially able
51.22to retain private counsel but refuses to do so.
51.23 An inquiry to determine financial eligibility of a defendant for the appointment of
51.24the district public defender shall be made whenever possible prior to the court appearance
51.25and by such persons as the court may direct. This inquiry may be combined with the
51.26prerelease investigation provided for in Minnesota Rule of Criminal Procedure6.02,
51.27subdivision 3 . In no case shall the district public defender be required to perform this
51.28inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
51.29conduct a financial inquiry. The inquiry must include the following:
51.30 (1) the liquidity of real estate assets, including the defendant's homestead;
51.31 (2) any assets that can be readily converted to cash or used to secure a debt;
51.32 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
51.33conveyance; and
51.34 (4) the value of all property transfers occurring on or after the date of the alleged
51.35offense. The burden is on the accused to show that he or she is financially unable to afford
51.36counsel. Defendants who fail to provide information necessary to determine eligibility
52.1shall be deemed ineligible. The court must not appoint the district public defender as
52.2advisory counsel.
52.3 (c) Upon disposition of the case, an individual who has received public defender
52.4services shall pay to the court a$28 $75 co-payment for representation provided by a
52.5public defender, unless the co-payment is, or has been, waived by the court.
52.6 The co-payment must be credited to the general fund. If a term of probation is
52.7imposed as a part of an offender's sentence, the co-payment required by this section must
52.8not be made a condition of probation. The co-payment required by this section is a civil
52.9obligation and must not be made a condition of a criminal sentence.
52.10EFFECTIVE DATE.This section is effective July 1, 2009.
52.11 Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read:
52.12631.48 SENTENCE; COSTS OF PROSECUTION.
52.13In a criminal action, upon conviction of the defendant, the court may order as part of
52.14the sentence that defendant shall pay the whole or any part of the disbursements of the
52.15prosecution, including disbursements made to extradite a defendant. The court may order
52.16this payment in addition to any other penalty authorized by law which it may impose. The
52.17payment of the disbursements of prosecution may be enforced in the same manner as the
52.18sentence, or by execution against property. When collected, the disbursementsmust be
52.19paid into the treasury of the county of conviction, but of ordered prosecution costs shall be
52.20paid to the municipality or subdivision of government which employed the prosecuting
52.21attorney or otherwise provided for prosecution of the case. This payment may not interfere
52.22with the payment of officers', witnesses', or jurors' fees.
52.23EFFECTIVE DATE.This section is effective July 1, 2009.
52.24 Sec. 49. PUBLIC DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.
52.25 Subdivision 1. Creation of fee. The Supreme Court, through the lawyer registration
52.26office, may assess a public defender fee on each licensed attorney in the state. The fee
52.27must be equal to or greater than the civil legal services fee that licensed attorneys are
52.28required to pay pursuant to the rules of the Supreme Court on lawyer registration.
52.29 Subd. 2. Creation of account. A public defender fee account is created in the
52.30special revenue fund. The public defender fee is deposited in the public defender fee
52.31account in the special revenue fund. The amounts in the account are appropriated to the
52.32Board of Public Defense.
53.1 Subd. 3. Purpose of account. The purpose of the public defender fee account is to
53.2provide funding for the Board of Public Defense.
53.3 Subd. 4. Prohibition on nonpublic defender transfers from account.
53.4Notwithstanding any law to the contrary, money in the public defender fee account shall
53.5be appropriated solely for the purpose of funding the Board of Public Defense.
53.6EFFECTIVE DATE.This section is effective July 1, 2009.
53.7 Sec. 50. REPEALER.
53.8Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
53.92; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135,
53.10subdivision 8, are repealed.
53.11EFFECTIVE DATE.This section is effective July 1, 2009.
53.14 Section 1. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
53.15 Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
53.16to imprisonment for not more than five years or to payment of a fine of not more than
53.17$10,000, or both.
53.18(b) If the conviction is a subsequent controlled substance conviction, a person
53.19convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
53.20or to a local correctional authority for not less than six months nor more than ten years
53.21and, in addition, may be sentenced to payment of a fine of not more than $20,000. Prior
53.22to the time of sentencing, the prosecutor may file a motion to have the person sentenced
53.23without regard to the mandatory minimum sentence established by this paragraph. The
53.24motion must be accompanied by a statement on the record of the reasons for it. When
53.25presented with the motion, or on its own motion, the court may sentence the person
53.26without regard to the mandatory minimum sentence if the court finds, on the record,
53.27substantial and compelling reasons to do so. Sentencing a person in this manner is a
53.28departure from the sentencing guidelines.
53.29EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
53.30committed on or after that date.
53.31 Sec. 2. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
54.1 Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
54.2An individual whose driver's license has been revoked as provided in subdivision 1,
54.3except under section169A.52 ,
169A.54 , or
609.21 , must pay a $30 fee before the driver's
54.4license is reinstated.
54.5 (b) A person whose driver's license has been revoked as provided in subdivision 1
54.6under section169A.52 ,
169A.54 , or
609.21 , must pay a $250 fee plus a $430 surcharge
54.7before the driver's license is reinstated, except as provided in paragraph (f). The $250
54.8fee is to be credited as follows:
54.9 (1) Twenty percent must be credited to the driver services operating account in the
54.10special revenue fund as specified in section299A.705 .
54.11 (2) Sixty-seven percent must be credited to the general fund.
54.12 (3) Eight percent must be credited to a separate account to be known as the Bureau of
54.13Criminal Apprehension account. Money in this accountmay be is annually appropriated
54.14to the commissioner of public safety and the appropriated amount must be apportioned
54.1580 percent for laboratory costs and 20 percent for carrying out the provisions of section
54.16299C.065
.
54.17 (4) Five percent must be credited to a separate account to be known as the vehicle
54.18forfeiture account, which is created in the special revenue fund. The money in the account
54.19is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
54.20 (c) The revenue from $50 of the surcharge must be credited to a separate account
54.21to be known as the traumatic brain injury and spinal cord injury account. The revenue
54.22from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
54.23first installment payment to the traumatic brain injury and spinal cord injury account.
54.24The money in the account is annually appropriated to the commissioner of health to be
54.25used as follows: 83 percent for contracts with a qualified community-based organization
54.26to provide information, resources, and support to assist persons with traumatic brain
54.27injury and their families to access services, and 17 percent to maintain the traumatic
54.28brain injury and spinal cord injury registry created in section144.662 . For the purposes
54.29of this paragraph, a "qualified community-based organization" is a private, not-for-profit
54.30organization of consumers of traumatic brain injury services and their family members.
54.31The organization must be registered with the United States Internal Revenue Service under
54.32section 501(c)(3) as a tax-exempt organization and must have as its purposes:
54.33 (1) the promotion of public, family, survivor, and professional awareness of the
54.34incidence and consequences of traumatic brain injury;
54.35 (2) the provision of a network of support for persons with traumatic brain injury,
54.36their families, and friends;
55.1 (3) the development and support of programs and services to prevent traumatic
55.2brain injury;
55.3 (4) the establishment of education programs for persons with traumatic brain injury;
55.4and
55.5 (5) the empowerment of persons with traumatic brain injury through participation
55.6in its governance.
55.7A patient's name, identifying information, or identifiable medical data must not be
55.8disclosed to the organization without the informed voluntary written consent of the patient
55.9or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
55.10 (d) The remainder of the surcharge must be credited to a separate account to be
55.11known as the remote electronic alcohol-monitoring program account. The commissioner
55.12shall transfer the balance of this account to the commissioner of finance on a monthly
55.13basis for deposit in the general fund.
55.14 (e) When these fees are collected by a licensing agent, appointed under section
55.15171.061
, a handling charge is imposed in the amount specified under section
171.061,
55.16subdivision 4 . The reinstatement fees and surcharge must be deposited in an approved
55.17depository as directed under section171.061, subdivision 4 .
55.18 (f) A person whose driver's license has been revoked as provided in subdivision
55.191 under section169A.52 or
169A.54 and who the court certifies as being financially
55.20eligible for a public defender under section611.17 , may choose to pay 50 percent and
55.21an additional $25 of the total amount of the surcharge and 50 percent of the fee required
55.22under paragraph (b) to reinstate the person's driver's license, provided the person meets all
55.23other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
55.24an additional $25, the driver's license must expire after two years. The person must pay an
55.25additional 50 percent less $25 of the total to extend the license for an additional two years,
55.26provided the person is otherwise still eligible for the license. After this final payment of
55.27the surcharge and fee, the license may be renewed on a standard schedule, as provided
55.28under section171.27 . A handling charge may be imposed for each installment payment.
55.29Revenue from the handling charge is credited to the driver services operating account in
55.30the special revenue fund and is appropriated to the commissioner.
55.31 (g) Any person making installment payments under paragraph (f), whose driver's
55.32license subsequently expires, or is canceled, revoked, or suspended before payment of
55.33100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
55.34reinstatement before the driver's license is subsequently reinstated. Upon payment of
55.35the outstanding balance due for the initial reinstatement, the person may pay any new
56.1surcharge and fee imposed under paragraph (b) in installment payments as provided
56.2under paragraph (f).
56.3EFFECTIVE DATE.This section is effective July 1, 2009.
56.4 Sec. 3. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
56.5 Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
56.6performance report to the chairs and ranking minority members of the senate and house
56.7of representatives committees and divisions having jurisdiction over criminal justice
56.8funding by January 15, 2005, and every other year thereafter. The issuance and content
56.9of the report must include the following:
56.10 (1) department strategic mission, goals, and objectives;
56.11 (2) the department-wide per diem, adult facility-specific per diems, and an average
56.12per diem, reported in a standard calculated method as outlined in the departmental policies
56.13and procedures;
56.14 (3) department annual statistics as outlined in the departmental policies and
56.15procedures; and
56.16 (4) information about prison-based mental health programs, including, but not
56.17limited to, the availability of these programs, participation rates, and completion rates.
56.18 (b) The department shall maintain recidivism rates for adult facilities on an annual
56.19basis. In addition, each year the department shall, on an alternating basis, complete a
56.20recidivism analysis of adult facilities, juvenile services, and the community services
56.21divisions and include a three-year recidivism analysis in the report described in paragraph
56.22(a). The recidivism analysis must: (1) assess education programs, vocational programs,
56.23treatment programs, including mental health programs, industry, and employment; and (2)
56.24assess statewide re-entry policies and funding, including postrelease treatment, education,
56.25training, and supervision. In addition, when reporting recidivism for the department's
56.26adult and juvenile facilities, the department shall report on the extent to which offenders it
56.27has assessed as chemically dependent commit new offenses, with separate recidivism rates
56.28reported for persons completing and not completing the department's treatment programs.
56.29(c) By August 31 of each odd-numbered year, the commissioner must present to
56.30the legislature a report that lists and describes the performance measures and targets the
56.31department will include in the biennial performance report. The measures and targets
56.32must include a budget target for the next two years and a history of the department's
56.33performance for the previous five years. At a minimum, the report must include measures
56.34and targets for the data and information identified in paragraphs (a) and (b) regarding per
56.35diem, statistics, inmate programming, and recidivism, and the following:
57.1(1) average statutory per diem for adult offenders, female offenders, and juvenile
57.2offenders;
57.3(2) community corrections;
57.4(3) staffing and salaries for both department divisions and institutions;
57.5(4) the use of private and local institutions to house persons committed to the
57.6commissioner;
57.7(5) the cost of inmate health and dental care;
57.8(6) implementation and use of corrections best practices; and
57.9(7) the challenge incarceration program.
57.10EFFECTIVE DATE.This section is effective June 1, 2009.
57.11 Sec. 4. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
57.12 Subd. 2. Conditional release of certain nonviolent controlled substance
57.13offenders. An offender who has been committed to the commissioner's custody may
57.14petition the commissioner for conditional release from prison before the offender's
57.15scheduled supervised release date or target release date if:
57.16(1) the offender is serving a sentence for violating section152.021, subdivision 2 or
57.172a;152.022, subdivision 2 ;
152.023 ;
152.024 ; or
152.025 ;
57.18(2) the offender committed the crime as a result of a controlled substance addiction,
57.19and not primarily for profit;
57.20(3) the offender has served at least 36 months or one-half of the offender's term of
57.21imprisonment, whichever is less;
57.22(4) the offender successfully completed a chemical dependency treatment program
57.23of the type described in this section while in prison;
57.24(5) the offender has not previously been conditionally released under this section;and
57.25(6) the offender has not within the past ten years been convicted or adjudicated
57.26delinquent for a violent crime as defined in section609.1095 other than the current
57.27conviction for the controlled substance offense; and
57.28(7) the offender has access upon release to aftercare, community-based chemical
57.29dependency treatment, and housing.
57.30EFFECTIVE DATE.This section is effective July 1, 2009.
57.31 Sec. 5. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
57.32 Subd. 11. Sunset. This section expires July 1,2009 2011.
57.33EFFECTIVE DATE.This section is effective July 1, 2009.
58.1 Sec. 6. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
58.2 Subd. 1a. Mission; efficiency. It is part of the department's mission that within the
58.3department's resources the commissioner shall endeavor to:
58.4(1) prevent the waste or unnecessary spending of public money;
58.5(2) use innovative fiscal and human resource practices to manage the state's
58.6resources and operate the department as efficiently as possible;
58.7(3) coordinate the department's activities wherever appropriate with the activities
58.8of other governmental agencies;
58.9(4) use technology where appropriate to increase agency productivity, improve
58.10customer service, increase public access to information about government, and increase
58.11public participation in the business of government;
58.12(5) utilize constructive and cooperative labor-management practices to the extent
58.13otherwise required by chapters 43A and 179A; and
58.14(6) report to the legislature on the performance of agency operations and the
58.15accomplishment of agency goals in the agency's biennial budget according to section
58.1616A.10, subdivision 1; and
58.17(7) (6) recommend to the legislature appropriate changes in law necessary to carry
58.18out the mission and improve the performance of the department.
58.19 Sec. 7. Minnesota Statutes 2008, section 299A.01, is amended by adding a subdivision
58.20to read:
58.21 Subd. 1c. Performance report; performance measures and targets. (a)
58.22The commissioner, as part of the department's mission and within the department's
58.23resources, shall report to the legislature on the performance of agency operations and the
58.24accomplishment of agency goals in the agency's biennial budget according to paragraph
58.25(b) and section 16A.10, subdivision 1. The purpose of the report is to determine the extent
58.26to which each program is accomplishing the program's mission, goals, and objectives.
58.27The report may address:
58.28(1) factors that limited or delayed achievement of objectives or goals;
58.29(2) resources used or saved and efficiencies achieved in reaching program objectives
58.30and goals;
58.31(3) information from customers and partners of the agency regarding the quality of
58.32service and effectiveness of the agency and the agency's programs;
58.33(4) recommendations on elimination of unnecessary or obsolete mandated reports;
58.34and
58.35(5) major cases, events, or circumstances that required an agency response.
59.1(b) By June 30 of each odd-numbered year, the commissioner must present to the
59.2legislature a report that states the mission, goals, and objectives of each program and lists
59.3and describes the performance measures and targets the department will include in the
59.4performance report required under paragraph (a). The report must include information
59.5on how program goals and objectives were created and who participated in formulating
59.6them. The measures and targets must include a history of the department's performance
59.7for the previous five years. At a minimum, the report must include measures and targets
59.8for the following:
59.9(1) staffing and salaries for divisions within the agency;
59.10(2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
59.11(3) development and funding of the Allied Radio Matrix for Emergency Response
59.12(ARMER);
59.13(4) grant programs administered under the Office of Justice Programs and Homeland
59.14Security and Emergency Management;
59.15(5) receipt and expenditure of federal grant funds;
59.16(6) expenditure of the fire safety insurance surcharge;
59.17(7) emergency preparedness;
59.18(8) crime lab operations; and
59.19(9) assistance provided to crime victims.
59.20EFFECTIVE DATE.This section is effective June 1, 2009.
59.21 Sec. 8. Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read:
59.22 Subd. 3a. Report. The policy group, with the assistance of the task force, shall file
59.23an annual a biennial report with the governor, Supreme Court, and chairs and ranking
59.24minority members of the senate and house of representatives committees and divisions
59.25with jurisdiction over criminal justice funding and policy by January 15of in each
59.26odd-numbered year. The report must provide the following:
59.27(1) status and review of current integration efforts and projects;
59.28(2) recommendations concerning any legislative changes or appropriations that
59.29are needed to ensure that the criminal justice information systems operate accurately
59.30and efficiently; and
59.31(3) summary of the activities of the policy group and task force.
59.32EFFECTIVE DATE.This section is effective the day following final enactment.
59.33 Sec. 9. Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:
60.1 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
60.2customer of a wireless or wire-line switched or packet-based telecommunications service
60.3provider connected to the public switched telephone network that furnishes service capable
60.4of originating a 911 emergency telephone call is assessed a fee based upon the number
60.5of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
60.6maintenance and related improvements for trunking and central office switching equipment
60.7for 911 emergency telecommunications service, to offset administrative and staffing costs
60.8of the commissioner related to managing the 911 emergency telecommunications service
60.9program, to make distributions provided for in section403.113 , and to offset the costs,
60.10including administrative and staffing costs, incurred by the State Patrol Division of the
60.11Department of Public Safety in handling 911 emergency calls made from wireless phones,
60.12and for any other purpose the commissioner determines is related to the effective operation
60.13of the emergency telecommunications system in the state.
60.14 (b) Money remaining in the 911 emergency telecommunications service account
60.15after all other obligations are paid must not cancel and is carried forward to subsequent
60.16years and may be appropriated from time to time to the commissioner to provide financial
60.17assistance to counties for the improvement of local emergency telecommunications
60.18services. The improvements may include providing access to 911 service for
60.19telecommunications service subscribers currently without access and upgrading existing
60.20911 service to include automatic number identification, local location identification,
60.21automatic location identification, and other improvements specified in revised county
60.22911 plans approved by the commissioner.
60.23 (c) The fee may not be less than eight cents nor more than 65 cents a month until
60.24June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
60.252009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
60.26not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
60.27each customer access line or other basic access service, including trunk equivalents as
60.28designated by the Public Utilities Commission for access charge purposes and including
60.29wireless telecommunications services. With the approval of the commissioner of finance,
60.30the commissioner of public safety shall establish the amount of the fee within the limits
60.31specified and inform the companies and carriers of the amount to be collected. When the
60.32revenue bonds authorized under section403.27, subdivision 1 , have been fully paid or
60.33defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
60.34no longer needed. The commissioner shall provide companies and carriers a minimum of
60.3545 days' notice of each fee change. The fee must be the same for all customers.
61.1 (d) The fee must be collected by each wireless or wire-line telecommunications
61.2service provider subject to the fee. Fees are payable to and must be submitted to the
61.3commissioner monthly before the 25th of each month following the month of collection,
61.4except that fees may be submitted quarterly if less than $250 a month is due, or annually if
61.5less than $25 a month is due. Receipts must be deposited in the state treasury and credited
61.6to a 911 emergency telecommunications service account in the special revenue fund. The
61.7money in the account may only be used for 911 telecommunications services.
61.8 (e) This subdivision does not apply to customers of interexchange carriers.
61.9 (f) The installation and recurring charges for integrating wireless 911 calls into
61.10enhanced 911 systems are eligible for payment by the commissioner if the 911 service
61.11provider is included in the statewide design plan and the charges are made pursuant to
61.12contract.
61.13 (g) Competitive local exchanges carriers holding certificates of authority from the
61.14Public Utilities Commission are eligible to receive payment for recurring 911 services.
61.15(h) The revisions made to paragraph (a) in 2009 expire on June 30, 2011.
61.16EFFECTIVE DATE.This section is effective July 1, 2009.
61.17 Sec. 10. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
61.18 Subdivision 1. Sentence toless than 180 days more than one year. In A felony
61.19sentence to imprisonment, when the remaining term of imprisonment is for 180 days
61.20or less, the defendant more than one year shall be committed commit the defendant to
61.21the custody of the commissioner of correctionsand must serve the remaining term of
61.22imprisonment at a workhouse, work farm, county jail, or other place authorized by law.
61.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to offenders
61.24sentenced on or after that date.
61.25 Sec. 11. COUNTY-BASED REVOCATION CENTER PILOT PROJECT;
61.26REPORT.
61.27(a) Dodge, Fillmore, Olmsted, and Ramsey Counties and Tri-county and Hennepin
61.28Community Corrections, and any other county or community corrections department
61.29that requests to participate shall develop a proposal for a pilot project for a secure
61.30residential center and supervision of persons facing revocation of their supervised release
61.31or execution of a stayed prison sentence. The proposal must address the care, custody, and
61.32programming for offenders assigned to the facility as an intermediate sanction prior to
61.33revocation or execution of a stayed prison sentence.
62.1(b) The counties must consider the following factors in developing the proposal:
62.2(1) type and length of programming for offenders, including supervision, mental
62.3health and chemical dependency treatment options, and educational and employment
62.4readiness opportunities;
62.5(2) medical care;
62.6(3) the transport of offenders to and from any facility;
62.7(4) detailed current and future costs and per diems associated with the facility;
62.8(5) admission and release procedures of the proposed facility;
62.9(6) intended outcomes of the pilot project; and
62.10(7) other factors deemed appropriate for consideration by the counties.
62.11(c) By December 1, 2009, the counties of Dodge, Fillmore, Olmsted, and Ramsey
62.12and Tri-county and Hennepin County Community Corrections shall report the pilot project
62.13proposal to the chairs and ranking minority members of the legislative committees having
62.14jurisdiction over public safety policy and finance.
62.15EFFECTIVE DATE.This section is effective July 1, 2009.
62.16 Sec. 12. REPEALER.
62.17Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, are repealed.
62.18EFFECTIVE DATE.This section is effective July 1, 2009.
1.3requiring reports; increasing fees; providing for a uniform fine schedule;
1.4authorizing collection of fines and surcharges; requiring annual appropriation of
1.5money in Bureau of Criminal Apprehension account to commissioner of public
1.6safety; appropriating money for the courts, public defenders, public safety,
1.7corrections, and other criminal justice agencies;amending Minnesota Statutes
1.82008, sections 2.722, subdivisions 4, 4a; 2.724, subdivisions 2, 3; 86B.705,
1.9subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025,
1.10subdivisions 1, 2, 3; 152.0262, subdivision 1; 169A.20, subdivision 1, by
1.11adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
1.12subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
1.13169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 244.055,
1.14subdivisions 2, 11; 299A.01, subdivision 1a, by adding a subdivision; 299C.65,
1.15subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 7; 357.022;
1.16357.08; 364.08; 375.14; 403.11, subdivision 1; 480.15, by adding a subdivision;
1.17484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1;
1.18549.09, subdivision 1; 550.011; 609.035, subdivision 2; 609.10, subdivision
1.191; 609.101, subdivision 4; 609.105, subdivision 1; 609.125, subdivision 1;
1.20609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 611.17; 631.48; proposing
1.21coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota
1.22Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90,
1.23subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.105, subdivisions 1a, 1b;
1.24609.135, subdivision 8.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.28 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.30in this article.
| 2.8 |
Sec. 2. PUBLIC SAFETY APPROPRIATIONS. |
||||||
2.10agencies and for the purposes specified in this article. The appropriations are from the
2.11general fund, or another named fund, and are available for the fiscal years indicated
2.12for each purpose. The figures "2010" and "2011" used in this article mean that the
2.13appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.14June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.15year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
2.16year ending June 30, 2009, are effective the day following final enactment.
| 2.17 |
APPROPRIATIONS |
||||||
| 2.18 |
Available for the Year |
||||||
| 2.19 |
Ending June 30 |
||||||
| 2.20 |
2010 |
2011 |
|||||
| 2.21 |
Sec. 3. SUPREME COURT |
||||||
| 2.22 |
Subdivision 1.Total Appropriation |
$ |
43,919,000 |
$ |
43,366,000 |
||
2.24purpose are specified in the following
2.25subdivisions.
| 2.26 |
Subd. 2.Supreme Court Operations |
31,740,000 |
31,339,000 |
||||
2.28is for a contingent account for expenses
2.29necessary for the normal operation of the
2.30court for which no other reimbursement is
2.31provided.
2.32(b) Criminal Justice Forum. The chief
2.33justice is requested to continue the criminal
2.34justice forum to evaluate and examine
2.35criminal justice efficiencies and costs
3.1savings, and may submit a report of the
3.2findings and recommendations to the chairs
3.3and ranking minority members of the house
3.4of representatives and senate committees
3.5with jurisdiction over public safety policy
3.6and finance by February 15, 2010.
3.7(c) Federal Stimulus Funds. The Supreme
3.8Court is encouraged to apply for all available
3.9grants for federal stimulus funds to: (1)
3.10continue drug court programs that lose
3.11state funding; and (2) make technological
3.12improvements within the judicial system.
3.13(d) Judicial and Referee Vacancies.
3.14The Supreme Court shall not certify a
3.15judicial or referee vacancy under Minnesota
3.16Statutes, section 2.722, until it has examined
3.17alternative options, such as temporarily
3.18suspending certification of the vacant
3.19position or assigning a retired judge to
3.20temporarily fill the position. Thirty days
3.21prior to certifying any judicial or referee
3.22vacancy to the governor, the Supreme
3.23Court shall submit to the chairs and
3.24ranking minority members of the house
3.25of representatives and senate committees
3.26with jurisdiction over public safety and
3.27judiciary policy and finance a report with
3.28a detailed explanation of the alternatives
3.29that were examined, why those alternatives
3.30were rejected, and why certification of the
3.31position is necessary for effective judicial
3.32administration and adequate access to the
3.33courts.
| 3.34 |
Subd. 3.Civil Legal Services |
12,179,000 |
12,027,000 |
||||
4.2Family Law Matters. Of this appropriation,
4.3$877,000 each year is to improve the
4.4access of low-income clients to legal
4.5representation in family law matters. This
4.6appropriation must be distributed under
4.7Minnesota Statutes, section 480.242, to
4.8the qualified legal services programs
4.9described in Minnesota Statutes, section
4.10480.242, subdivision 2, paragraph (a). Any
4.11unencumbered balance remaining in the first
4.12year does not cancel and is available in the
4.13second year.
| 4.14 |
Sec. 4. COURT OF APPEALS |
$ |
10,353,000 |
$ |
10,222,000 |
||
| 4.15 |
Sec. 5. TRIAL COURTS |
$ |
251,696,000 |
$ |
248,540,000 |
||
| 4.16 |
Sec. 6. TAX COURT |
$ |
800,000 |
$ |
800,000 |
||
| 4.17 |
Sec. 7. UNIFORM LAWS COMMISSION |
$ |
51,000 |
$ |
50,000 |
||
| 4.18 |
Sec. 8. BOARD ON JUDICIAL STANDARDS |
$ |
446,000 |
$ |
446,000 |
||
4.20Standards shall be $321,000 in fiscal year
4.212012 and $321,000 in fiscal year 2013.
| 4.22 |
Sec. 9. BOARD OF PUBLIC DEFENSE |
$ |
67,628,000 |
$ |
65,028,000 |
||
4.24appropriation may be used to pay the salary
4.25or fee of a person retained to serve as the
4.26board's legislative liaison or lobbyist.
| 4.27 |
Sec. 10. PUBLIC SAFETY |
||||||
| 4.28 |
Subdivision 1.Total Appropriation |
$ |
160,529,000 |
$ |
160,892,000 |
||
5.8purpose are specified in the following
5.9subdivisions.
5.10(a) Agency Lobbyists. No portion of this
5.11appropriation may be used to pay the salary
5.12or fee of a person retained to serve as the
5.13agency's legislative liaison or lobbyist.
5.14(b) Employees of the Governor. Any
5.15personnel costs attributable to the Office
5.16of the Governor must be accounted for
5.17through an appropriation to the Office of
5.18the Governor. The commissioner may not
5.19enter into agreements with the Office of the
5.20Governor under which personnel costs in
5.21the office of the governor are supported by
5.22appropriations to the agency.
5.23(c) Car Fleet. By January 1, 2010, the
5.24commissioner must reduce the department's
5.25fleet of cars in the seven-county metropolitan
5.26area by 20 percent. This paragraph shall not
5.27apply to State Patrol vehicles purchased or
5.28maintained using trunk highway funds.
| 5.29 |
Subd. 2.Emergency Management |
2,583,000 |
2,583,000 |
||||
| 5.30 |
Appropriations by Fund |
||
| 5.31 |
General |
1,910,000 |
1,910,000 |
| 5.32 |
Special Revenue |
604,000 |
604,000 |
| 5.33 |
Environmental |
69,000 |
69,000 |
5.35$604,000 each year is appropriated from the
5.36fire safety account in the special revenue
6.1fund. These amounts must be used to
6.2fund the hazardous materials and chemical
6.3assessment teams.
| 6.4 |
Subd. 3.Criminal Apprehension |
43,763,000 |
42,063,000 |
||||
| 6.5 |
Appropriations by Fund |
||
| 6.6 |
General |
41,815,000 |
40,115,000 |
| 6.7 6.8 |
State Government Special Revenue |
7,000 |
7,000 |
| 6.9 |
Trunk Highway |
1,941,000 |
1,941,000 |
6.11the budget and the need for additional
6.12scientists for the state's crime labs, the
6.13commissioner, in consultation with the
6.14superintendent of the Bureau of Criminal
6.15Apprehension, must consider the number
6.16and capacity of scientists employed in labs
6.17operated by local units of government.
6.18(b) DWI Lab Analysis; Trunk Highway
6.19Fund. Notwithstanding Minnesota Statutes,
6.20section
6.21each year is appropriated from the trunk
6.22highway fund for laboratory analysis related
6.23to driving while impaired cases.
6.24(c) Domestic Terrorism Investigations.
6.25The superintendent of the bureau of
6.26criminal apprehension may not initiate an
6.27investigation of a citizen of the state based
6.28solely on information contained in the United
6.29States Department of Homeland Security's
6.30threat assessment of domestic terrorism
6.31dated April 7, 2009.
| 6.32 |
Subd. 4.Fire Marshal |
8,000,000 |
8,000,000 |
||||
6.34account in the special revenue fund.
7.1Of this amount, $5,732,000 each year is for
7.2activities under Minnesota Statutes, section
7.3299F.012, and $2,268,000 each year is for
7.4transfer to the general fund under Minnesota
7.5Statutes, section 297I.06, subdivision 3.
| 7.6 |
Subd. 5.Alcohol and Gambling Enforcement |
2,538,000 |
2,538,000 |
||||
| 7.7 |
Appropriations by Fund |
||
| 7.8 |
General |
1,635,000 |
1,635,000 |
| 7.9 |
Special Revenue |
903,000 |
903,000 |
7.11enforcement account in the special revenue
7.12fund. Of this appropriation, $750,000 each
7.13year shall be transferred to the general fund.
7.14The transfer amount for fiscal year 2012 and
7.15fiscal year 2013 shall be $500,000 per year.
| 7.16 |
Subd. 6.Office of Justice Programs |
37,175,000 |
35,475,000 |
||||
| 7.17 |
Appropriations by Fund |
||
| 7.18 |
General |
37,079,000 |
35,379,000 |
| 7.19 7.20 |
State Government Special Revenue |
96,000 |
96,000 |
7.22By June 1, 2009, the Office of Justice
7.23Programs shall submit to the chairs and
7.24ranking minority members of the house
7.25of representatives and senate committees
7.26with jurisdiction over public safety policy
7.27and finance a detailed plan outlining the
7.28competitive grant process to be used to
7.29administer the federal stimulus funds. The
7.30plan must describe: (1) the administrative
7.31process in accepting and reviewing
7.32applications, (2) the criteria used in
7.33awarding grants, and (3) program reporting
7.34requirements.
8.1The Office of Justice Programs must consider
8.2awarding grants for federal stimulus funds
8.3for the following activities and programs:
8.4(i) trafficking victim programs, including
8.5legal advocacy clinics, training programs,
8.6public awareness initiatives, and victim
8.7services hotlines;
8.8(ii) nonprofit organizations dedicated
8.9to providing immediate and long-term
8.10emotional support and practical help for
8.11families and friends of persons who have
8.12died traumatically;
8.13(iii) organizations that provide mentoring
8.14grants for children of incarcerated parents;
8.15(iv) youth intervention programs, as defined
8.16under Minnesota Statutes, section 299A.73,
8.17with an emphasis on those programs that
8.18provide early intervention youth services to
8.19children in their communities;
8.20(v) programs that seek to develop and
8.21increase juvenile detention alternatives;
8.22(vi) re-entry programs for offenders;
8.23(vii) restorative justice programs, as defined
8.24in Minnesota Statutes, section 611A.775,
8.25except that a program that receives federal
8.26funds shall not use the funds for cases
8.27involving domestic assault; and
8.28(viii) judicial branch efficiency programs,
8.29including e-citation and fine management
8.30and collection program improvements.
8.31By October 1, 2009, the Office of Justice
8.32Programs must submit to the chairs and
8.33ranking minority members of the house of
8.34representatives and senate committees with
9.1jurisdiction over public safety policy and
9.2finance a list of all the grants awarded by
9.3the Office of Justice Programs using federal
9.4stimulus funds, including the name of the
9.5grantee, the amount awarded, the funded
9.6activities or programs, and the length of the
9.7grant.
9.8For purposes of this section, "federal
9.9stimulus funds" means funding provided to
9.10the state under the American Recovery and
9.11Reinvestment Act of 2009.
9.12(b) Crime Victim and Youth Intervention
9.13Programs. For the biennium ending June
9.1430, 2011, funding for the following programs
9.15must not be reduced by more than three
9.16percent from the level of state funding
9.17provided for the biennium ending June
9.1830, 2009: (1) crime victim reparations;
9.19(2) battered women's shelters; (3) general
9.20crime victim programs; (4) sexual assault
9.21victim programs; and (5) youth intervention
9.22programs.
| 9.23 |
Subd. 7.Emergency Communication Networks |
66,470,000 |
70,233,000 |
||||
9.25government special revenue fund for 911
9.26emergency telecommunications services.
9.27(a) Public Safety Answering Points.
9.28$13,664,000 each year is to be distributed
9.29as provided in Minnesota Statutes, section
9.30403.113, subdivision 2.
9.31(b) Medical Resource Communication
9.32Centers. $683,000 each year is for grants
9.33to the Minnesota Emergency Medical
9.34Services Regulatory Board for the Metro
9.35East and Metro West Medical Resource
10.1Communication Centers that were in
10.2operation before January 1, 2000.
10.3(c) ARMER Debt Service. $17,557,000 the
10.4first year and $23,261,000 the second year
10.5are to the commissioner of finance to pay
10.6debt service on revenue bonds issued under
10.7Minnesota Statutes, section 403.275.
10.8Any portion of this appropriation not needed
10.9to pay debt service in a fiscal year may be
10.10used by the commissioner of public safety to
10.11pay cash for any of the capital improvements
10.12for which bond proceeds were appropriated
10.13by Laws 2005, chapter 136, article 1, section
10.149, subdivision 8, or Laws 2007, chapter 54,
10.15article 1, section 10, subdivision 8.
10.16(d) Metropolitan Council Debt Service.
10.17$1,410,000 each year is to the commissioner
10.18of finance for payment to the Metropolitan
10.19Council for debt service on bonds issued
10.20under Minnesota Statutes, section 403.27.
10.21(e) ARMER State Backbone Operating
10.22Costs. $5,060,000 each year is to the
10.23commissioner of transportation for costs
10.24of maintaining and operating the statewide
10.25radio system backbone.
10.26(f) ARMER Improvements. $1,000,000
10.27each year is for the Statewide Radio Board
10.28for costs of design, construction, maintenance
10.29of, and improvements to those elements
10.30of the statewide public safety radio and
10.31communication system that support mutual
10.32aid communications and emergency medical
10.33services or provide enhancement of public
10.34safety communication interoperability.
11.1(g) Next Generation 911. $3,431,000 in
11.2fiscal year 2010 and $6,490,000 in fiscal year
11.32011 is to replace the current system with the
11.4Next Generation Internet Protocol (IP) based
11.5network. The base level of funding for fiscal
11.6year 2012 shall be $2,965,000.
11.7(h) Emergency Communication System.
11.8$5,000,000 the first year is to be used by
11.9the commissioner for any purpose related
11.10to the effective operation of the emergency
11.11communication system in the state, including
11.12the cost of personnel who prepare for and
11.13respond to emergencies.
| 11.14 11.15 |
Sec. 11. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST) |
$ |
4,162,000 |
$ |
4,162,000 |
||
11.17appropriation is from the peace officer
11.18training account in the special revenue fund.
11.19Any new receipts credited to that account in
11.20the first year in excess of $4,162,000 must be
11.21transferred and credited to the general fund.
11.22Any new receipts credited to that account in
11.23the second year in excess of $4,162,000 must
11.24be transferred and credited to the general
11.25fund.
11.26(b) Peace Officer Training
11.27Reimbursements. $3,009,000 each
11.28year is for reimbursements to local
11.29governments for peace officer training costs.
11.30(c) Agency Lobbyists. No portion of this
11.31appropriation may be used to pay the salary
11.32or fee of a person retained to serve as the
11.33board's legislative liaison or lobbyist.
| 11.34 |
Sec. 12. PRIVATE DETECTIVE BOARD |
$ |
125,000 |
$ |
125,000 |
||
| 12.1 |
Sec. 13. HUMAN RIGHTS |
$ |
3,534,000 |
$ |
3,418,000 |
||
12.3Human Rights shall be $3,368,000 in fiscal
12.4year 2012 and $3,368,000 in fiscal year 2013.
| 12.5 |
Sec. 14. DEPARTMENT OF CORRECTIONS |
||||||
| 12.6 |
Subdivision 1.Total Appropriation |
$ |
466,339,000 |
$ |
466,759,000 |
||
| 12.7 |
Appropriations by Fund |
||
| 12.8 |
2010 |
2011 |
|
| 12.9 |
General |
446,449,000 |
446,869,000 |
| 12.10 |
Special Revenue |
890,000 |
890,000 |
| 12.11 |
Federal |
19,000,000 |
19,000,000 |
12.13purpose are specified in the following
12.14subdivisions.
12.15(a) Agency Lobbyists. No portion of this
12.16appropriation may be used to pay the salary
12.17or fee of a person retained to serve as the
12.18agency's legislative liaison or lobbyist.
12.19(b) Employees of the Governor. Any
12.20personnel costs attributable to the Office
12.21of the Governor must be accounted for
12.22through an appropriation to the Office of
12.23the Governor. The commissioner may not
12.24enter into agreements with the Office of the
12.25Governor under which personnel costs in
12.26the Office of the Governor are supported by
12.27appropriations to the agency.
12.28(c) Car Fleet. By January 1, 2010, the
12.29commissioner must reduce the department's
12.30fleet of cars by 20 percent.
| 12.31 |
Subd. 2.Correctional Institutions |
328,336,000 |
333,363,000 |
||||
| 12.32 |
Appropriations by Fund |
||
| 12.33 |
General |
308,756,000 |
313,783,000 |
| 13.1 |
Special Revenue |
580,000 |
580,000 |
| 13.2 |
Federal |
19,000,000 |
19,000,000 |
13.4stabilization account in the American
13.5Recovery and Reinvestment Act of 2009.
13.6This is a onetime appropriation.
13.7The general fund base for this program shall
13.8be $331,546,000 in fiscal year 2012 and
13.9$336,085,000 in fiscal year 2013.
13.10(a) Treatment Alternatives; Report. By
13.11December 15, 2009, the commissioner
13.12must submit a report to the chairs and
13.13ranking minority members of the house of
13.14representatives and senate committees with
13.15jurisdiction over public safety policy and
13.16finance concerning alternative chemical
13.17dependency treatment opportunities.
13.18The report must identify alternatives
13.19that represent best practices in chemical
13.20dependency treatment of offenders. The
13.21report must contain suggestions for
13.22reducing the length of time between
13.23offender commitment to the custody of the
13.24commissioner and graduation from chemical
13.25dependency treatment. To the extent
13.26possible, the report shall identify options
13.27that will (1) reduce the cost of treatment;
13.28(2) expand the number of treatment beds;
13.29(3) improve treatment outcomes; and (4)
13.30lower the rate of substance abuse relapse and
13.31criminal recidivism.
13.32(b) Challenge Incarceration; Maximum
13.33Occupancy. The commissioner shall work to
13.34fill all available challenge incarceration beds
13.35for both male and female offenders. If the
14.1commissioner fails to fill at least 90 percent
14.2of the available challenge incarceration beds
14.3by December 1, 2009, the commissioner
14.4must submit a report to the chairs and
14.5ranking minority members of the house of
14.6representatives and senate committees with
14.7jurisdiction over public safety policy and
14.8finance by January 15, 2010, explaining what
14.9steps the commissioner has taken to fill the
14.10beds and why those steps failed to reach the
14.11goal established by the legislature.
14.12(c) Performance Measures; Per Diem
14.13Reduction; Report to the Legislature. The
14.14commissioner of corrections must reduce the
14.15fiscal year 2008 average adult facility per
14.16diem of $89.77 by one percent. The base
14.17is cut by $2,850,000 in the first year and
14.18$2,850,000 in the second year to reflect a
14.19one percent reduction in the projected adult
14.20facility per diem.
14.21In reducing the projected adult facility per
14.22diem, the commissioner must consider the
14.23following:
14.24(1) cooperating with the state of Wisconsin
14.25to obtain economies of scale;
14.26(2) increasing the bed capacity of the
14.27challenge incarceration program;
14.28(3) increasing the number of nonviolent drug
14.29offenders who are granted conditional release
14.30under Minnesota Statutes, section 244.055;
14.31(4) increasing the use of compassionate
14.32release or less costly detention alternatives
14.33for elderly and infirm offenders;
15.1(5) implementing corrections best practices;
15.2and
15.3(6) implementing cost-saving measures used
15.4by other states and the federal government.
15.5The commissioner must not eliminate
15.6correctional officer positions or implement
15.7any other measure that will jeopardize public
15.8safety to achieve the mandated cost savings.
15.9The commissioner also must not eliminate
15.10treatment beds to achieve the mandated cost
15.11savings.
15.12If the commissioner fails to reduce the per
15.13diem by one percent, the commissioner must:
15.14(i) reduce the funding for operations support
15.15by the amount of unrealized savings; and
15.16(ii) submit a report by February 15,
15.172010, to the chairs and ranking minority
15.18members of the house of representatives
15.19and senate committees with jurisdiction
15.20over public safety policy and finance that
15.21contains descriptions of what efforts the
15.22commissioner made to reduce the per diem,
15.23explanations for why those steps failed to
15.24reduce the per diem by one percent, proposed
15.25legislative options that would assist the
15.26commissioner in reducing the adult facility
15.27per diem, and descriptions of the specific
15.28actions the commissioner took to reduce
15.29funding in operations support.
15.30If the commissioner reduces the per diem
15.31by more than one percent, the commissioner
15.32must use the savings to provide treatment to
15.33offenders.
16.1(d) Drug Court Bed Savings. The
16.2commissioner must consider the bed impact
16.3savings of drug courts in formulating its
16.4prison bed projections.
| 16.5 |
Subd. 3.Community Services |
115,044,000 |
111,837,000 |
||||
| 16.6 |
Appropriations by Fund |
||
| 16.7 |
General |
114,944,000 |
111,737,000 |
| 16.8 |
Special Revenue |
100,000 |
100,000 |
16.10the first year is for costs associated with the
16.11housing and care of short-term offenders
16.12sentenced prior to June 30, 2009, and housed
16.13in local jails. The commissioner may use
16.14up to ten percent of the total amount of the
16.15appropriation for inpatient medical care
16.16for short-term offenders with less than six
16.17months to serve as affected by the changes
16.18made to Minnesota Statutes, section 609.105,
16.19by Laws 2003, First Special Session chapter
16.202, article 5, sections 7 to 9. All funds not
16.21expended for inpatient medical care shall be
16.22added to and distributed with the housing
16.23funds. These funds shall be distributed
16.24proportionately based on the total number of
16.25days short-term offenders are placed locally,
16.26not to exceed the fiscal year 2009 per diem.
16.27All funds remaining after reimbursements are
16.28made shall be transferred to the department's
16.29institution base budget to offset the costs
16.30of housing short-term offenders who are
16.31sentenced on or after July 1, 2009, and
16.32incarcerated in state correctional facilities.
16.33Short-term offenders sentenced before July
16.341, 2009, may be housed in a state correctional
16.35facility at the discretion of the commissioner.
17.1This does not preclude the commissioner
17.2from contracting with local jails to house
17.3offenders committed to the custody of the
17.4commissioner.
17.5The Department of Corrections is exempt
17.6from the state contracting process for the
17.7purposes of Minnesota Statutes, section
17.8609.105, as amended by Laws 2003, First
17.9Special Session chapter 2, article 5, sections
17.107 to 9.
17.11(b) Federal Grants. The commissioner
17.12must apply for all available grants for federal
17.13funds under the American Recovery and
17.14Reinvestment Act of 2009 and the Second
17.15Chance Act that the department is eligible to
17.16receive to continue and expand re-entry and
17.17restorative justice programs.
| 17.18 |
Subd. 4.Operations Support |
22,959,000 |
21,559,000 |
||||
| 17.19 |
Appropriations by Fund |
||
| 17.20 |
General |
22,749,000 |
21,349,000 |
| 17.21 |
Special Revenue |
210,000 |
210,000 |
17.23shall be $20,949,000 in fiscal year 2012 and
17.24$20,949,000 in fiscal year 2013.
| 17.25 |
Sec. 15. SENTENCING GUIDELINES |
$ |
591,000 |
$ |
591,000 |
||
17.28 Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
17.29 Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district
17.30court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
17.31with judges and attorneys in the affected district, shall determine
17.32receiving notice of a vacancy from the governor whether the vacant office is necessary
17.33for effective judicial administration or is necessary for adequate access to the courts.
18.1In determining whether the position is necessary for adequate access to the courts, the
18.2Supreme Court shall consider whether abolition or transfer of the position would result in
18.3a county having no chambered judge. The Supreme Court may continue the position, may
18.4order the position abolished, or may transfer the position to a judicial district where need
18.5for additional judges exists, designating the position as either a county, county/municipal
18.6or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
18.7who shall fill it in the manner provided by law.
18.8(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
18.9fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
18.10required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
18.11reelection. Within five days of receipt of the notice, the Supreme Court shall determine
18.12whether the judicial position is necessary for effective judicial administration or adequate
18.13access to the courts and notify the official responsible for certifying the election results of
18.14its determination. In determining whether the position is necessary for adequate access to
18.15the courts, the Supreme Court shall consider whether abolition or transfer of the position
18.16would result in a county having no chambered judge. The Supreme Court may continue
18.17the position, may order the position abolished, or may transfer the position to a judicial
18.18district where the need for additional judgeships exists. If the position is abolished or
18.19transferred, the election may not be held. If the position is transferred, the court shall also
18.20notify the governor of the transfer. Upon transfer, the position is vacant and the governor
18.21shall fill it in the manner provided by law. An order abolishing or transferring a position is
18.22effective the first Monday in the next January.
18.23 Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
18.24 Subd. 4a. Referee vacancy; conversion to judgeship. When a referee of the
18.25district court dies, resigns, retires, or is voluntarily removed from the position, the chief
18.26judge of the district shall notify the Supreme Court and may petition to request that the
18.27position be converted to a judgeship. The Supreme Court shall determine
18.28
18.29judgeship in the affected or another judicial district. The Supreme Court shall certify any
18.30judicial vacancy to the governor, who shall fill it in the manner provided by law. The
18.31conversion of a referee position to a judgeship under this subdivision shall not reduce the
18.32total number of judges and referees hearing cases in the family and juvenile courts.
18.33 Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
19.1 Subd. 2. Procedure. To promote and secure more efficient administration of justice,
19.2the chief justice of the Supreme Court of the state shall supervise and coordinate the work
19.3of the courts of the state. The Supreme Court may provide by rule that the chief justice not
19.4be required to write opinions as a member of the Supreme Court. Its rules may further
19.5provide for it to hear and consider cases in divisions. It may by rule assign temporarily
19.6any retired justice of the Supreme Court or one judge of the Court of Appeals or district
19.7court judge at a time to act as a justice of the Supreme Court or any number of justices
19.8or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
19.9the assignment of a Court of Appeals judge or a district court judge to act as a justice of
19.10the Supreme Court, a judge previously acting as a justice may complete unfinished duties
19.11of that position. Any number of justices may disqualify themselves from hearing and
19.12considering a case, in which event the Supreme Court may assign temporarily a retired
19.13justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
19.14and consider the case in place of each disqualified justice.
19.15
19.16
19.17
19.18
19.19EFFECTIVE DATE.This section is effective July 1, 2009.
19.20 Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
19.21 Subd. 3. Retired justices and judges. (a) The chief justice of the Supreme Court
19.22may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
19.23pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
19.24retired judge of any court to act as a judge of any court except the Supreme Court. The
19.25chief justice of the Supreme Court shall determine the pay and expenses to be received by
19.26a justice or judge acting pursuant to this paragraph.
19.27(b) A judge who has been elected to office and who has retired as a judge in good
19.28standing and is not practicing law may also be appointed to serve as judge of any court
19.29except the Supreme Court. A retired judge acting under this paragraph will receive pay
19.30and expenses in the amount established by the Supreme Court.
19.31EFFECTIVE DATE.This section is effective July 1, 2009.
19.32 Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
20.1 Subd. 2. Fines and bail money. (a) All fines, installment payments, and forfeited
20.2bail money collected from persons convicted of violations of this chapter or rules adopted
20.3thereunder, or of a violation of section
20.4
20.5
20.6
20.7(b) One-half of the receipts shall be credited to the general revenue fund
20.8
20.9the commissioner of natural resources
20.10the water recreation account for the purpose of boat and water safety.
20.11EFFECTIVE DATE.This section is effective July 1, 2009.
20.12 Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
20.13 Subd. 2a. Petty misdemeanor cases and criminal convictions; fee assessment. In
20.14Hennepin County and Ramsey County, the district court administrator or a designee may,
20.15upon the recommendation of the board of trustees and by standing order of the judges
20.16of the district court, include in the costs or disbursements assessed against a defendant
20.17convicted in the district court of the violation of a statute or municipal ordinance, a county
20.18law library fee. This fee may be collected in all petty misdemeanor cases and criminal
20.19prosecutions in which, upon conviction, the defendant may be subject to the payment of
20.20the costs or disbursements in addition to a fine or other penalty. When a defendant is
20.21convicted of more than one offense in a case, the county law library fee shall be imposed
20.22only once in that case.
20.23EFFECTIVE DATE.This section is effective July 1, 2009.
20.24 Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
20.25 Subd. 3. Petty misdemeanor cases and criminal convictions; fee assessment.
20.26The judge of district court may, upon the recommendation of the board of trustees and
20.27by standing order, include in the costs or disbursements assessed against a defendant
20.28convicted in the district court of the violation of any statute or municipal ordinance, in
20.29all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
20.30defendant may be subject to the payment of the costs or disbursements in addition to a fine
20.31or other penalty a county law library fee. When a defendant is convicted of more than one
20.32offense in a case, the county law library fee shall be imposed only once in that case. The
21.1item of costs or disbursements may not be assessed for any offense committed prior to the
21.2establishment of the county law library.
21.3EFFECTIVE DATE.This section is effective July 1, 2009.
21.4 Sec. 8. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
21.5 Subdivision 1. Sale crimes. (a) A person is guilty of controlled substance crime in
21.6the fifth degree and if convicted may be sentenced to imprisonment for not more than five
21.7years or to payment of a fine of not more than $10,000, or both if:
21.8(1) the person unlawfully sells one or more mixtures containing marijuana or
21.9tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.10(2) the person unlawfully sells one or more mixtures containing a controlled
21.11substance classified in schedule IV.
21.12(b) If a person is guilty of controlled substance crime in the fifth degree and the
21.13conviction is a subsequent controlled substance conviction, the person convicted shall be
21.14committed to the commissioner of corrections or to a local correctional authority for
21.15not less than six months nor more than ten years and, in addition, may be sentenced to
21.16payment of a fine of not more than $20,000 if:
21.17(1) the person unlawfully sells one or more mixtures containing marijuana or
21.18tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.19(2) the person unlawfully sells one or more mixtures containing a controlled
21.20substance classified in schedule IV.
21.21EFFECTIVE DATE.This section is effective July 1, 2009.
21.22 Sec. 9. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
21.23 Subd. 2. Possession and other crimes. (a) A person is guilty of controlled
21.24substance crime in the fifth degree and if convicted may be sentenced to imprisonment for
21.25not more than five years or to payment of a fine of not more than $10,000, or both if:
21.26(1) the person unlawfully possesses one or more mixtures containing a controlled
21.27substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
21.28(2) the person procures, attempts to procure, possesses, or has control over a
21.29controlled substance by any of the following means:
21.30(i) fraud, deceit, misrepresentation, or subterfuge;
21.31(ii) using a false name or giving false credit; or
21.32(iii) falsely assuming the title of, or falsely representing any person to be, a
21.33manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
22.1medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
22.2obtaining a controlled substance.
22.3(b) If a person is guilty of controlled substance crime in the fifth degree and the
22.4conviction is a subsequent controlled substance conviction, the person convicted shall be
22.5committed to the commissioner of corrections or to a local correctional authority for
22.6not less than six months nor more than ten years and, in addition, may be sentenced to
22.7payment of a fine of not more than $20,000 if:
22.8(1) the person unlawfully possesses one or more mixtures containing a controlled
22.9substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
22.10(2) the person procures, attempts to procure, possesses, or has control over a
22.11controlled substance by any of the following means:
22.12(i) fraud, deceit, misrepresentation, or subterfuge;
22.13(ii) using a false name or giving false credit; or
22.14(iii) falsely assuming the title of, or falsely representing any person to be, a
22.15manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
22.16medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
22.17obtaining a controlled substance.
22.18EFFECTIVE DATE.This section is effective July 1, 2009.
22.19 Sec. 10. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
22.20 Subdivision 1. Possession of precursors. (a) A person is guilty of a crime if the
22.21person possesses any chemical reagents or precursors with the intent to manufacture
22.22methamphetamine and if convicted may be sentenced to imprisonment for not more than
22.23ten years or to payment of a fine of not more than $20,000, or both.
22.24(b) A person is guilty of a crime if the person possesses any chemical reagents or
22.25precursors with the intent to manufacture methamphetamine and may be sentenced to
22.26imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
22.27or both, if the conviction is for a subsequent controlled substance conviction.
22.28 As used in this section and section
22.29includes any of the following substances, or any similar substances that can be used to
22.30manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
22.31similar substance:
22.32(1) ephedrine;
22.33(2) pseudoephedrine;
22.34(3) phenyl-2-propanone;
22.35(4) phenylacetone;
23.1(5) anhydrous ammonia;
23.2(6) organic solvents;
23.3(7) hydrochloric acid;
23.4(8) lithium metal;
23.5(9) sodium metal;
23.6(10) ether;
23.7(11) sulfuric acid;
23.8(12) red phosphorus;
23.9(13) iodine;
23.10(14) sodium hydroxide;
23.11(15) benzaldehyde;
23.12(16) benzyl methyl ketone;
23.13(17) benzyl cyanide;
23.14(18) nitroethane;
23.15(19) methylamine;
23.16(20) phenylacetic acid;
23.17(21) hydriodic acid; or
23.18(22) hydriotic acid.
23.19EFFECTIVE DATE.This section is effective July 1, 2009.
23.20 Sec. 11. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
23.21 Subdivision 1. Driving while impaired crime; motor vehicles. It is a crime for
23.22any person to drive, operate, or be in physical control of any motor vehicle, as defined
23.23in section 169A.03, subdivision 15, except for motorboats in operation and off-road
23.24recreational vehicles, within this state or on any boundary water of this state when:
23.25(1)
23.26(2)
23.27(3)
23.28affects the nervous system, brain, or muscles of the person so as to substantially impair
23.29the person's ability to drive or operate the motor vehicle;
23.30(4)
23.31the elements named in clauses (1)
23.32(5)
23.33two hours of the time, of driving, operating, or being in physical control of the motor
23.34vehicle is 0.08 or more;
24.1(6)
24.2concentration at the time, or as measured within two hours of the time, of driving,
24.3operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
24.4(7)
24.5schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.6EFFECTIVE DATE.This section is effective July 1, 2009.
24.7 Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.8subdivision to read:
24.9 Subd. 1a. Driving while impaired crime; motorboat in operation. It is a crime
24.10for any person to operate or be in physical control of a motorboat in operation on any
24.11waters or boundary water of this state when:
24.12(1) the person is under the influence of alcohol;
24.13(2) the person is under the influence of a controlled substance;
24.14(3) the person is knowingly under the influence of a hazardous substance that affects
24.15the nervous system, brain, or muscles of the person so as to substantially impair the
24.16person's ability to drive or operate the motorboat;
24.17(4) the person is under the influence of a combination of any two or more of the
24.18elements named in clauses (1) to (3);
24.19(5) the person's alcohol concentration at the time, or as measured within two hours
24.20of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
24.21more; or
24.22(6) the person's body contains any amount of a controlled substance listed in
24.23schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.24EFFECTIVE DATE.This section is effective July 1, 2009.
24.25 Sec. 13. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.26subdivision to read:
24.27 Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
24.28is a crime for any person to operate or be in physical control of a snowmobile as defined in
24.29section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
24.308, anywhere in this state or on the ice of any boundary water of this state when:
24.31(1) the person is under the influence of alcohol;
24.32(2) the person is under the influence of a controlled substance;
25.1(3) the person is knowingly under the influence of a hazardous substance that affects
25.2the nervous system, brain, or muscles of the person so as to substantially impair the
25.3person's ability to drive or operate the snowmobile or all-terrain vehicle;
25.4(4) the person is under the influence of a combination of any two or more of the
25.5elements named in clauses (1) to (3);
25.6(5) the person's alcohol concentration at the time, or as measured within two hours
25.7of the time, of driving, operating, or being in physical control of the snowmobile or
25.8all-terrain vehicle is 0.08 or more; or
25.9(6) the person's body contains any amount of a controlled substance listed in
25.10schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
25.11EFFECTIVE DATE.This section is effective July 1, 2009.
25.12 Sec. 14. Minnesota Statutes 2008, section 169A.20, is amended by adding a
25.13subdivision to read:
25.14 Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
25.15vehicle. It is a crime for any person to operate or be in physical control of any off-highway
25.16motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
25.17in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
25.18water of this state when:
25.19(1) the person is under the influence of alcohol;
25.20(2) the person is under the influence of a controlled substance;
25.21(3) the person is knowingly under the influence of a hazardous substance that affects
25.22the nervous system, brain, or muscles of the person so as to substantially impair the
25.23person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
25.24(4) the person is under the influence of a combination of any two or more of the
25.25elements named in clauses (1) to (3);
25.26(5) the person's alcohol concentration at the time, or as measured within two hours of
25.27the time, of driving, operating, or being in physical control of the off-highway motorcycle
25.28or off-road vehicle is 0.08 or more; or
25.29(6) the person's body contains any amount of a controlled substance listed in
25.30schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
25.31EFFECTIVE DATE.This section is effective July 1, 2009.
25.32 Sec. 15. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
26.1 Subdivision 1. Degree described. (a) A person who violates section
26.2subdivision 1
26.3driving while impaired if two or more aggravating factors were present when the violation
26.4was committed.
26.5 (b) A person who violates section
26.6chemical test crime), is guilty of second-degree driving while impaired if one aggravating
26.7factor was present when the violation was committed.
26.8EFFECTIVE DATE.This section is effective July 1, 2009.
26.9 Sec. 16. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
26.10 Subdivision 1. Degree described. (a) A person who violates section
26.11subdivision 1
26.12while impaired if one aggravating factor was present when the violation was committed.
26.13 (b) A person who violates section
26.14chemical test crime), is guilty of third-degree driving while impaired.
26.15EFFECTIVE DATE.This section is effective July 1, 2009.
26.16 Sec. 17. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
26.17 Subdivision 1. Degree described. A person who violates section
26.18subdivision 1, 1a, 1b, or 1c
26.19driving while impaired.
26.20EFFECTIVE DATE.This section is effective July 1, 2009.
26.21 Sec. 18. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
26.22 Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person
26.23is being sentenced for a violation of a provision listed in paragraph (e), the court may
26.24sentence the person to a consecutive term of imprisonment for a violation of any other
26.25provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
26.26same course of conduct, subject to the limitation on consecutive sentences contained in
26.27section
26.28 (b) When a person is being sentenced for a violation of section
26.29of condition of restricted license),
26.30cancellation, or disqualification),
26.31(violation of condition of limited license), the court may not impose a consecutive sentence
26.32for another violation of a provision in chapter 171 (drivers' licenses and training schools).
27.1 (c) When a person is being sentenced for a violation of section
27.2provide proof of insurance) or
27.3may not impose a consecutive sentence for another violation of a provision of sections
27.5 (d) This subdivision does not limit the authority of the court to impose consecutive
27.6sentences for crimes arising on different dates or to impose a consecutive sentence when
27.7a person is being sentenced for a crime and is also in violation of the conditions of
27.8a stayed or otherwise deferred sentence under section
27.9execution of sentence).
27.10 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
27.11the following if the offender has two or more prior impaired driving convictions within
27.12the past ten years:
27.13 (1) section
27.14driving offenses);
27.15 (2) section
27.16 (3) section
27.17 (4) section
27.18 (5) section
27.19 (6) section
27.20cancellation, or disqualification);
27.21 (7) section
27.22 (8) section
27.23EFFECTIVE DATE.This section is effective July 1, 2009.
27.24 Sec. 19. Minnesota Statutes 2008, section 169A.284, is amended to read:
27.25169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
27.26SURCHARGE.
27.27 Subdivision 1. When required. (a) When a court sentences a person convicted
27.28of an offense enumerated in section
27.29requirement; form), it shall order the person to pay the cost of the assessment directly
27.30to the entity conducting the assessment or providing the assessment services in an
27.31amount determined by the entity conducting or providing the service and shall impose
27.32a chemical dependency assessment charge of
27.33assessment charge, but may not waive the cost for the assessment paid directly to the
27.34entity conducting the assessment or providing assessment services. A person shall pay
28.1an additional surcharge of $5 if the person is convicted of a violation of section
28.2(driving while impaired) within five years of a prior impaired driving conviction or a prior
28.3conviction for an offense arising out of an arrest for a violation of section
28.4Minnesota Statutes 1998, section
28.5substance) or
28.6when the sentence is executed, stayed, or suspended. The court may not waive payment
28.7or authorize payment of the assessment charge and surcharge in installments unless it
28.8makes written findings on the record that the convicted person is indigent or that the
28.9assessment charge and surcharge would create undue hardship for the convicted person or
28.10that person's immediate family.
28.11(b) The chemical dependency assessment charge and surcharge required under
28.12this section are in addition to the surcharge required by section
28.13(surcharges on criminal and traffic offenders).
28.14 Subd. 2. Distribution of money. The
28.15forward
28.16charge and the $5 surcharge, if any,
28.17
28.18
28.19state treasury and credited to the general fund.
28.20
28.21EFFECTIVE DATE.This section is effective July 1, 2009.
28.22 Sec. 20. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
28.23 Subdivision 1. Impairment occurred after driving ceased. If proven by a
28.24preponderance of the evidence, it is an affirmative defense to a violation of section
28.26while impaired, alcohol concentration within two hours of driving), or
28.27person having an alcohol concentration of 0.20 or more as measured at the time, or within
28.28two hours of the time, of the offense, that the defendant consumed a sufficient quantity
28.29of alcohol after the time of the violation and before the administration of the evidentiary
28.30test to cause the defendant's alcohol concentration to exceed the level specified in the
28.31applicable clause. Evidence that the defendant consumed alcohol after the time of the
28.32violation may not be admitted in defense to any alleged violation of section
28.33unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
28.34matter.
29.1EFFECTIVE DATE.This section is effective July 1, 2009.
29.2 Sec. 21. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
29.3 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
29.4subdivision 7, the commissioner shall revoke the driver's license of a person convicted
29.5of violating section
29.6with it, as follows:
29.7 (1) for an offense under section
29.8crime): not less than 30 days;
29.9 (2) for an offense under section
29.10chemical test crime): not less than 90 days;
29.11 (3) for an offense occurring within ten years of a qualified prior impaired driving
29.12incident:
29.13 (i) if the current conviction is for a violation of section
29.141
29.15or rehabilitation has been successfully completed where prescribed in accordance with
29.16section
29.17 (ii) if the current conviction is for a violation of section
29.18less than one year and until the court has certified that treatment or rehabilitation has been
29.19successfully completed where prescribed in accordance with section
29.20 (4) for an offense occurring within ten years of the first of two qualified prior
29.21impaired driving incidents: not less than one year, together with denial under section
29.23standards established by the commissioner; or
29.24 (5) for an offense occurring within ten years of the first of three or more qualified
29.25prior impaired driving incidents: not less than two years, together with denial under
29.26section
29.27with standards established by the commissioner.
29.28EFFECTIVE DATE.This section is effective July 1, 2009.
29.29 Sec. 22. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
29.30 Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
29.31money,
29.32or arrested by officers of the State Patrol, shall be
29.33officer collecting the fines, forfeited bail money, or installments thereof, on or before the
29.34tenth day after the last day of the month in which these moneys were collected, to the
30.1
30.2Except where a different disposition is required in this paragraph, paragraph (b), section
30.3387.213, or otherwise provided by law, three-eighths of these receipts
30.4
30.5
30.6
30.7the state general fund. The other five-eighths of these receipts
30.8
30.9credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
30.10Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
30.11receipts must be credited to the state trunk highway fund. If, however, the violation occurs
30.12within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
30.13is entered, one-third of the receipts shall be deposited in the state treasury and credited
30.14to the state general
30.15to the municipality prosecuting the offense, and one-third shall be
30.16
30.17and credited to the Minnesota grade crossing safety account or the state trunk highway
30.18fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
30.19section 387.213 shall be applied before this paragraph is applied. All costs of participation
30.20in a nationwide police communication system chargeable to the state of Minnesota shall
30.21be paid from appropriations for that purpose.
30.22(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
30.23from violations of statutes governing the maximum weight of motor vehicles, collected
30.24from persons apprehended or arrested by employees of the state of Minnesota, by means
30.25of stationary or portable scales operated by these employees, shall be
30.26the person or officer collecting the fines or forfeited bail money, on or before the tenth day
30.27after the last day of the month in which the collections were made, to the
30.28
30.29receipts shall be
30.30deposited in the state treasury and credited to the state highway user tax distribution fund.
30.31Three-eighths of these receipts shall be deposited in the state treasury and credited to the
30.32state general
30.33
30.34
30.35
30.36EFFECTIVE DATE.This section is effective July 1, 2009.
31.1 Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
31.2 Subd. 2. Fee amounts. The fees to be charged and collected by the court
31.3administrator shall be as follows:
31.4(1) In every civil action or proceeding in said court, including any case arising under
31.5the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
31.6petitioner, or other moving party shall pay, when the first paper is filed for that party in said
31.7action, a fee of
31.8The defendant or other adverse or intervening party, or any one or more of several
31.9defendants or other adverse or intervening parties appearing separately from the others,
31.10shall pay, when the first paper is filed for that party in said action, a fee of
31.11except in marriage dissolution actions the fee is
31.12The party requesting a trial by jury shall pay
31.13The fees above stated shall be the full trial fee chargeable to said parties irrespective
31.14of whether trial be to the court alone, to the court and jury, or disposed of without trial,
31.15and shall include the entry of judgment in the action, but does not include copies or
31.16certified copies of any papers so filed or proceedings under chapter 103E, except the
31.17provisions therein as to appeals.
31.18(2) Certified copy of any instrument from a civil or criminal proceeding,
31.19and
31.20(3) Issuing a subpoena,
31.21(4) Filing a motion or response to a motion in civil, family, excluding child support,
31.22and guardianship cases,
31.23(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
31.24injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
31.25specifically mentioned,
31.26(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
31.27judgment from another court,
31.28(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
31.29of judgment, $5.
31.30(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
31.31name certified to.
31.32(9) Filing and indexing trade name; or recording basic science certificate;
31.33or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
31.34optometrists, $5.
31.35(10) For the filing of each partial, final, or annual account in all trusteeships,
31.36(11) For the deposit of a will,
32.1(12) For recording notary commission, $100, of which, notwithstanding subdivision
32.21a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
32.3in the state treasury and credited to the general fund.
32.4(13) Filing a motion or response to a motion for modification of child support,
32.5a fee of
32.6(14) All other services required by law for which no fee is provided, such fee
32.7as compares favorably with those herein provided, or such as may be fixed by rule or
32.8order of the court.
32.9(15) In addition to any other filing fees under this chapter, a surcharge in the
32.10amount of $75 must be assessed in accordance with section
32.11each adoption petition filed in district court to fund the fathers' adoption registry under
32.12section
32.13The fees in clauses (3) and (5) need not be paid by a public authority or the party
32.14the public authority represents.
32.15EFFECTIVE DATE.This section is effective July 1, 2009.
32.16 Sec. 24. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
32.17 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
32.18in this paragraph, the court shall impose and the court administrator shall collect a $75
32.19surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
32.20or petty misdemeanor offense, other than a violation of a law or ordinance relating to
32.21vehicle parking, for which there shall be a
32.22of more than one offense in a case, the surcharge shall be imposed only once in that
32.23case. In the Second Judicial District, the court shall impose, and the court administrator
32.24shall collect, an additional $1 surcharge on every person convicted of any felony, gross
32.25misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
32.26or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
32.27authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
32.28sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
32.29when a person is convicted of a petty misdemeanor for which no fine is imposed.
32.30 (b) If the court fails to impose a surcharge as required by this subdivision, the court
32.31administrator shall show the imposition of the surcharge, collect the surcharge, and
32.32correct the record.
32.33 (c) The court may not waive payment of the surcharge required under this
32.34subdivision. Upon a showing of indigency or undue hardship upon the convicted person
33.1or the convicted person's immediate family, the sentencing court may authorize payment
33.2of the surcharge in installments.
33.3 (d) The court administrator or other entity collecting a surcharge shall forward it
33.4to the commissioner of finance.
33.5 (e) If the convicted person is sentenced to imprisonment and has not paid the
33.6surcharge before the term of imprisonment begins, the chief executive officer of the
33.7correctional facility in which the convicted person is incarcerated shall collect the
33.8surcharge from any earnings the inmate accrues from work performed in the facility
33.9or while on conditional release. The chief executive officer shall forward the amount
33.10collected to the
33.11surcharge imposed by the court.
33.12EFFECTIVE DATE.This section is effective July 1, 2009.
33.13 Sec. 25. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
33.14 Subd. 7. Disbursement of surcharges by commissioner of finance. (a) Except
33.15as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
33.16surcharges received under subdivision 6 and section
33.17 (1) one percent shall be credited to the game and fish fund to provide peace officer
33.18training for employees of the Department of Natural Resources who are licensed under
33.19sections
33.20enforcing game and fish laws;
33.21 (2) 39 percent shall be credited to the peace officers training account in the special
33.22revenue fund; and
33.23 (3) 60 percent shall be credited to the general fund.
33.24 (b) The commissioner of finance shall credit $3 of each surcharge received under
33.25subdivision 6 and section
33.26 (c) In addition to any amounts credited under paragraph (a), the commissioner
33.27of finance shall credit $47 of each surcharge received under subdivision 6 and section
33.29 (d) If the Ramsey County Board of Commissioners authorizes imposition of
33.30the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
33.31administrator in the Second Judicial District shall transmit the surcharge to the
33.32commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
33.33surcharge account in the special revenue fund and amounts in the account are appropriated
33.34to the trial courts for the administration of the petty misdemeanor diversion program
33.35operated by the Second Judicial District Ramsey County Violations Bureau.
34.1EFFECTIVE DATE.This section is effective July 1, 2009.
34.2 Sec. 26. Minnesota Statutes 2008, section 357.022, is amended to read:
34.3357.022 CONCILIATION COURT FEE.
34.4The court administrator in every county shall charge and collect a filing fee of
34.5$65 from every plaintiff and from every defendant when the first paper for that party is
34.6filed in any conciliation court action. This section does not apply to conciliation court
34.7actions filed by the state. The court administrator shall transmit the fees monthly to the
34.8commissioner of finance for deposit in the state treasury and credit to the general fund.
34.9EFFECTIVE DATE.This section is effective July 1, 2009.
34.10 Sec. 27. Minnesota Statutes 2008, section 357.08, is amended to read:
34.11357.08 PAID BY APPELLANT IN APPEAL.
34.12There shall be paid to the clerk of the appellate courts by the appellant, or moving
34.13party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
34.14mandamus, injunction, prohibition, or other original proceeding, when initially filed with
34.15the clerk of the appellate courts, the sum of
34.16An additional filing fee of $100 shall be required for a petition for accelerated review by
34.17the Supreme Court. A filing fee of
34.18courts upon the filing of a petition for review from a decision of the Court of Appeals. A
34.19filing fee of
34.20of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
34.21the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
34.22transmit the fees to the commissioner of finance for deposit in the state treasury and
34.23credit to the general fund.
34.24The clerk shall not file any paper, issue any writ or certificate, or perform any service
34.25enumerated herein, until the payment has been made for it. The clerk shall pay the sum
34.26into the state treasury as provided for by section
34.27The charges provided for shall not apply to disbarment proceedings, nor to an
34.28action or proceeding by the state taken solely in the public interest, where the state is the
34.29appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
34.30to the parties before judgment, or furnished to the district judge whose decision is under
34.31review, or to such law library associations in counties having a population exceeding
34.3250,000, as the court may direct.
34.33EFFECTIVE DATE.This section is effective July 1, 2009.
35.1 Sec. 28. Minnesota Statutes 2008, section 364.08, is amended to read:
35.2364.08 PRACTICE OF LAW; EXCEPTION.
35.3This chapter shall not apply to the practice of law or judicial branch employment;
35.4but nothing in this section shall be construed to preclude the Supreme Court, in its
35.5discretion, from adopting the policies set forth in this chapter.
35.6EFFECTIVE DATE.This section is effective July 1, 2009.
35.7 Sec. 29. Minnesota Statutes 2008, section 375.14, is amended to read:
35.8375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
35.9The county board shall provide offices at the county seat for the auditor, treasurer,
35.10county recorder, sheriff, court administrator of the district court, and an office for the
35.11county engineer at a site determined by the county board, with suitable furniture and
35.12safes and vaults for the security and preservation of the books and papers of the offices,
35.13and provide heating, lighting, and maintenance of the offices. The board shall furnish
35.14all county officers with all books, stationery, letterheads, envelopes, postage, telephone
35.15service, office equipment, electronic technology, and supplies necessary to the discharge
35.16of their respective duties
35.17
35.18
35.19technical books or instruments except when the board deems them directly necessary to
35.20the discharge of official duties as part of the permanent equipment of the office.
35.21EFFECTIVE DATE.This section is effective July 1, 2009.
35.22 Sec. 30. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
35.23to read:
35.24 Subd. 10c. Uniform collections policies and procedures for courts. (a)
35.25Notwithstanding chapter 16D, the state court administrator under the direction of the
35.26Judicial Council may promulgate uniform collections policies and procedures for the
35.27courts and may contract with credit bureaus, public and private collection agencies, the
35.28Department of Revenue, and other public or private entities providing collection services
35.29as necessary for the collection of court debts. The court collection process and procedures
35.30are not subject to section 16A.1285 or chapter 16D.
35.31(b) Court debt means an amount owed to the state directly or through the judicial
35.32branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
35.33court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
36.1liability owed, an assignment to the judicial branch, recovery of costs incurred by the
36.2judicial branch, or any other source of indebtedness to the judicial branch as well as
36.3amounts owed to other public or private entities for which the judicial branch acts in
36.4providing collection services, or any other amount owed to the judicial branch.
36.5(c) The courts must pay for the collection services of public or private collection
36.6entities as well as the cost of one or more court employees to provide collection interface
36.7services between the Department of Revenue, the courts, and one or more collection
36.8entities from the money collected. The portion of the money collected which must be paid
36.9to the collection entity as collection fees and costs and the portion of the money collected
36.10which must be paid to the courts or Department of Revenue for collection services are
36.11appropriated from the fund to which the collected money is due.
36.12(d) As determined by the state court administrator, collection costs shall be added to
36.13the debts referred to a public or private collection entity for collection.
36.14Collection costs shall include the fees of the collection entity, and may include, if
36.15separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
36.16by any public entity for obtaining information necessary for debt collection, or other
36.17collection-related costs. Collection costs shall also include the costs of one or more court
36.18employees employed by the state court administrator to provide a collection interface
36.19between the collection entity, the Department of Revenue, and the courts.
36.20If the collection entity collects an amount less than the total due, the payment is
36.21applied proportionally to collection costs and the underlying debt. Collection costs in
36.22excess of collection agency fees and court employee collection interface costs must be
36.23deposited in the general fund as nondedicated receipts.
36.24EFFECTIVE DATE.This section is effective July 1, 2009.
36.25 Sec. 31. Minnesota Statutes 2008, section 484.85, is amended to read:
36.26484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
36.27ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
36.28
36.29
36.30
36.31
36.32
36.33
36.34
37.1
37.2
37.3
37.4
37.5
37.6
37.7
37.8
37.9
37.10
37.11
37.12
37.13
37.14
37.15
37.16
37.17
37.18
37.19
37.20
37.21
37.22(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
37.23municipality or subdivision of government within Ramsey County for violation of a
37.24statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties,
37.25and forfeitures collected by the court administrator shall be forwarded to the commissioner
37.26of finance and distributed according to this paragraph. Except where a different disposition
37.27is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
37.28each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
37.29collected by the court administrator during the previous month as follows:
37.30(1) for offenses committed within the city of St. Paul, two-thirds paid to the
37.31treasurer of the city of St. Paul and one-third deposited in the state treasury and credited
37.32to the general fund; and
37.33(2) for offenses committed within any other municipality or subdivision of
37.34government within Ramsey County, one-half to the treasurer of the municipality or
37.35subdivision of government and one-half deposited in the state treasury and credited to the
37.36general fund.
38.1All other fines, penalties, and forfeitures collected by the district court shall be
38.2forwarded to the commissioner of finance, who shall distribute them as provided by law.
38.3(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
38.4(a) when:
38.5(1) a city contracts with the county attorney for prosecutorial services under section
38.6484.87, subdivision 3; or
38.7(2) the attorney general provides assistance to the city attorney under section 484.87,
38.8subdivision 5.
38.9(c) The court administrator shall provide the commissioner of finance with the name
38.10of the municipality or other subdivision of government where the offense was committed
38.11and the total amount of fines or penalties collected for each city, town, or other subdivision
38.12of government, for the county, or for the state.
38.13EFFECTIVE DATE.This section is effective July 1, 2009.
38.14 Sec. 32. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
38.15 Subd. 6. Allocation.
38.16
38.17
38.18
38.19
38.20
38.21
38.22
38.23
38.24
38.25
38.26
38.27
38.28
38.29
38.30
38.31
38.32
38.33
38.34
38.35
39.1
39.2
39.3
39.4
39.5other subdivision of government within the county for violations of state statute, or of
39.6an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and
39.7forfeitures collected shall be forwarded to the commissioner of finance and distributed
39.8according to this paragraph. Except where a different disposition is provided by section
39.9299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each
39.10month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
39.11collected by the court administrator during the previous month as follows:
39.12(1) 100 percent of all fines or penalties for parking violations for which complaints
39.13and warrants have not been issued to the treasurer of the city or town in which the offense
39.14was committed; and
39.15(2) two-thirds of all other fines to the treasurer of the city or town in which the
39.16offense was committed and one-third deposited in the state treasury and credited to the
39.17general fund.
39.18All other fines, penalties, and forfeitures collected by the court administrator shall be
39.19forwarded to the commissioner of finance, who shall distribute them as provided by law.
39.20(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
39.21(a) when:
39.22(1) a city contracts with the county attorney for prosecutorial services under section
39.23484.87, subdivision 3;
39.24(2) a city has a population of 600 or less and has given the duty to prosecute cases to
39.25the county attorney under section 484.87; or
39.26(3) the attorney general provides assistance to the county attorney as permitted
39.27by law.
39.28(c) The court administrator shall provide the commissioner of finance with the name
39.29of the city, town, or other subdivision of government where the offense was committed
39.30and the total amount of fines or penalties collected for each city, town, or other subdivision
39.31of government, for the county, or for the state.
39.32EFFECTIVE DATE.This section is effective July 1, 2009.
39.33 Sec. 33. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
39.34 Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
39.35rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
40.1conciliation court judgment or a judgment of district court on removal from conciliation
40.2court has been docketed in district court, the judgment creditor's attorney as an officer of
40.3the court may or the district court in the county in which the judgment originated shall,
40.4upon request of the judgment creditor, order the judgment debtor to mail to the judgment
40.5creditor information as to the nature, amount, identity, and locations of all the debtor's
40.6assets, liabilities, and personal earning. The information must be provided on a form
40.7prescribed by the Supreme Court, and the information shall be sufficiently detailed to
40.8enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
40.9nonexempt assets and earnings of the judgment debtor. The order must contain a notice
40.10that failure to complete the form and mail it to the judgment creditor within ten days after
40.11service of the order may result in a citation for civil contempt of court. Cash bail posted as
40.12a result of being cited for civil contempt of court order under this section may be ordered
40.13payable to the creditor to satisfy the judgment, either partially or fully.
40.14EFFECTIVE DATE.This section is effective July 1, 2009.
40.15 Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
40.16 Subdivision 1. Original documents. The court administrator of any county upon
40.17order of the judge exercising probate jurisdiction may destroy all the original documents
40.18in any probate proceeding of record in the office
40.19has been closed provided the original or a Minnesota state archives commission approved
40.20photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
40.21of the original of the following enumerated documents in the proceeding are on file in
40.22the office.
40.23Enumerated original documents:
40.24(a) In estates, the jurisdictional petition and proof of publication of the notice of
40.25hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
40.26directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
40.27setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
40.28orders of distribution and general protection; decrees of distribution; federal estate tax
40.29closing letter, consent to discharge by commissioner of revenue and order discharging
40.30representative; and any amendment of the listed documents.
40.31When an estate is deemed closed as provided in clause (d) of this subdivision, the
40.32enumerated documents shall include all claims of creditors.
40.33(b) In guardianships or conservatorships, the jurisdictional petition and order for
40.34hearing thereof with proof of service; letters; orders directing and confirming sale,
41.1mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
41.2discharging guardian; and any amendment of the listed documents.
41.3(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
41.4examination; warrant of commitment; notice of discharge from institution, or notice of
41.5death and order for restoration to capacity; and any amendment of the listed documents.
41.6(d) Except for the enumerated documents described in this subdivision, the court
41.7administrator may destroy all other original documents in any probate proceeding without
41.8retaining any reproduction of the document. For the purpose of this subdivision, a
41.9proceeding is deemed closed if no document has been filed in the proceeding for a period
41.10of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
41.11decedents not adjudicated upon.
41.12EFFECTIVE DATE.This section is effective July 1, 2009.
41.13 Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
41.14 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
41.15of money, including a judgment for the recovery of taxes, interest from the time of
41.16the verdict, award, or report until judgment is finally entered shall be computed by the
41.17court administrator or arbitrator as provided in paragraph (c) and added to the judgment
41.18or award.
41.19(b) Except as otherwise provided by contract or allowed by law, preverdict,
41.20preaward, or prereport interest on pecuniary damages shall be computed as provided
41.21in paragraph (c) from the time of the commencement of the action or a demand for
41.22arbitration, or the time of a written notice of claim, whichever occurs first, except as
41.23provided herein. The action must be commenced within two years of a written notice of
41.24claim for interest to begin to accrue from the time of the notice of claim. If either party
41.25serves a written offer of settlement, the other party may serve a written acceptance or a
41.26written counteroffer within 30 days. After that time, interest on the judgment or award
41.27shall be calculated by the judge or arbitrator in the following manner. The prevailing
41.28party shall receive interest on any judgment or award from the time of commencement
41.29of the action or a demand for arbitration, or the time of a written notice of claim, or as
41.30to special damages from the time when special damages were incurred, if later, until the
41.31time of verdict, award, or report only if the amount of its offer is closer to the judgment or
41.32award than the amount of the opposing party's offer. If the amount of the losing party's
41.33offer was closer to the judgment or award than the prevailing party's offer, the prevailing
41.34party shall receive interest only on the amount of the settlement offer or the judgment or
41.35award, whichever is less, and only from the time of commencement of the action or a
42.1demand for arbitration, or the time of a written notice of claim, or as to special damages
42.2from when the special damages were incurred, if later, until the time the settlement offer
42.3was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
42.4and counteroffers. For the purposes of clause (2), the amount of settlement offer must
42.5be allocated between past and future damages in the same proportion as determined by
42.6the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
42.7preaward, or prereport interest shall not be awarded on the following:
42.8(1) judgments, awards, or benefits in workers' compensation cases, but not including
42.9third-party actions;
42.10(2) judgments or awards for future damages;
42.11(3) punitive damages, fines, or other damages that are noncompensatory in nature;
42.12(4) judgments or awards not in excess of the amount specified in section
42.13and
42.14(5) that portion of any verdict, award, or report which is founded upon interest, or
42.15costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
42.16(c)(1) For a judgment or award of $50,000 or less, the interest shall be computed as
42.17simple interest per annum. The rate of interest shall be based on the secondary market
42.18yield of one year United States Treasury bills, calculated on a bank discount basis as
42.19provided in this section.
42.20On or before the 20th day of December of each year the state court administrator
42.21shall determine the rate from the one-year constant maturity treasury yield for the most
42.22recent calendar month, reported on a monthly basis in the latest statistical release of the
42.23board of governors of the Federal Reserve System. This yield, rounded to the nearest one
42.24percent, or four percent, whichever is greater, shall be the annual interest rate during the
42.25succeeding calendar year. The state court administrator shall communicate the interest
42.26rates to the court administrators and sheriffs for use in computing the interest on verdicts
42.27and shall make the interest rates available to arbitrators.
42.28(2) For a judgment or award over $50,000, the interest rate shall be ten percent
42.29per year.
42.30(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
42.31received a payment after entry of judgment, whether the payment is made voluntarily by
42.32or on behalf of the judgment debtor, or is collected by legal process other than execution
42.33levy where a proper return has been filed with the court administrator, the judgment
42.34creditor, or the judgment creditor's attorney, before applying to the court administrator
42.35for an execution shall file with the court administrator an affidavit of partial satisfaction.
42.36The affidavit must state the dates and amounts of payments made upon the judgment after
43.1the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
43.2is applied to taxable disbursements and to accrued interest and to the unpaid principal
43.3balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
43.4application of each payment.
43.5(d) This section does not apply to arbitrations between employers and employees
43.6under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
43.7awarding interest under chapter 179 or under section
43.8EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
43.9judgments and awards finally entered on or after that date.
43.10 Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
43.11550.011 JUDGMENT DEBTOR DISCLOSURE.
43.12Unless the parties have otherwise agreed, if a judgment has been docketed in
43.13district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
43.14attorney as an officer of the court may or the district court in the county in which the
43.15judgment originated shall, upon request of the judgment creditor, order the judgment
43.16debtor to mail by certified mail to the judgment creditor information as to the nature,
43.17amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
43.18The information must be provided on a form prescribed by the Supreme Court, and
43.19the information shall be sufficiently detailed to enable the judgment creditor to obtain
43.20satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
43.21judgment debtor. The order must contain a notice that failure to complete the form and
43.22mail it to the judgment creditor within ten days after service of the order may result in a
43.23citation for civil contempt of court. Cash bail posted as a result of being cited for civil
43.24contempt of court order under this section may be ordered payable to the creditor to
43.25satisfy the judgment, either partially or fully.
43.26EFFECTIVE DATE.This section is effective July 1, 2009.
43.27 Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
43.28 Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a
43.29violation of a provision listed in paragraph (e), the court may sentence the person to a
43.30consecutive term of imprisonment for a violation of any other provision listed in paragraph
43.31(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
43.32subject to the limitation on consecutive sentences contained in section
43.332
44.1 (b) When a person is being sentenced for a violation of section
44.3of a provision in chapter 171.
44.4 (c) When a person is being sentenced for a violation of section
44.5the court may not impose a consecutive sentence for another violation of a provision
44.6of sections
44.7 (d) This subdivision does not limit the authority of the court to impose consecutive
44.8sentences for crimes arising on different dates or to impose a consecutive sentence when a
44.9person is being sentenced for a crime and is also in violation of the conditions of a stayed
44.10or otherwise deferred sentence under section
44.11 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
44.12the following if the offender has two or more prior impaired driving convictions as defined
44.13in section
44.14 (1) section
44.15 (2) section
44.16 (3) section
44.17 (4) section
44.18 (5) section
44.19 (6) section
44.20cancellation, or disqualification;
44.21 (7) section
44.22 (8) section
44.23 (f) When a court is sentencing an offender for a violation of section
44.24violation of an offense listed in paragraph (e), and the offender has five or more qualified
44.25prior impaired driving incidents, as defined in section
44.26the court shall sentence the offender to serve consecutive sentences for the offenses,
44.27notwithstanding the fact that the offenses arose out of the same course of conduct.
44.28 Sec. 38. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
44.29 Subdivision 1. Sentences available. (a) Upon conviction of a felony and compliance
44.30with the other provisions of this chapter the court, if it imposes sentence, may sentence
44.31the defendant to the extent authorized by law as follows:
44.32(1) to life imprisonment; or
44.33(2) to imprisonment for a fixed term of years set by the court; or
44.34(3) to both imprisonment for a fixed term of years and payment of a fine; or
45.1(4) to payment of a fine without imprisonment
45.2
45.3(5) to payment of court-ordered restitution in addition to either imprisonment
45.4or payment of a fine, or both; or
45.5(6) to payment of a local correctional fee as authorized under section
45.6addition to any other sentence imposed by the court.
45.7(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
45.8due on the date imposed unless the court otherwise establishes a due date or a payment
45.9plan.
45.10EFFECTIVE DATE.This section is effective July 1, 2009.
45.11 Sec. 39. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
45.12 Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
45.13(1) when a court sentences a person convicted of a felony that is not listed in
45.14subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
45.15authorized by law nor more than the maximum fine authorized by law; and
45.16(2) when a court sentences a person convicted of a gross misdemeanor or
45.17misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
45.1830 percent of the maximum fine authorized by law nor more than the maximum fine
45.19authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
45.20established
45.21
45.22
45.23
45.24The minimum fine required by this subdivision is in addition to the surcharge or
45.25assessment required by section
45.26of imprisonment or restitution imposed or ordered by the court.
45.27
45.28
45.29
45.30
45.31EFFECTIVE DATE.This section is effective July 1, 2009.
45.32 Sec. 40. [609.104] FINE AND SURCHARGE COLLECTION.
46.1 Subdivision 1. Failure to pay restitution or fine. (a) Any portion of a fine,
46.2surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
46.3be referred for collection under section 480.15, subdivision 10c. If the defendant has
46.4agreed to a payment plan but fails to pay an installment when due, the entire amount
46.5remaining becomes due and payable and may be referred for collection under section
46.6480.15, subdivision 10c.
46.7(b) The defendant may contest the referral for collection based on inability to pay by
46.8requesting a hearing no later than the due date. The defendant shall be notified in writing
46.9at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
46.10collection for nonpayment, and collection costs may be added to the amount due. The
46.11defendant shall also be notified in writing of the right to contest a referral for collection.
46.12The state court administrator shall develop the notice language.
46.13 Subd. 2. Fine and surcharge collection. (a) A defendant's obligation to pay
46.14court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
46.15date for a period set by the Judicial Council.
46.16(b) Any change in the collection period established by the Judicial Council shall be
46.17effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
46.18or after the effective date of this section.
46.19(c) The period relating to a defendant's obligation to pay restitution under paragraph
46.20(a) does not limit the victim's right to collect restitution through other means such as a
46.21civil judgment.
46.22(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
46.23imposition or execution.
46.24EFFECTIVE DATE.This section is effective July 1, 2009.
46.25 Sec. 41. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
46.26 Subdivision 1. Sentences available. (a) Upon conviction of a misdemeanor or gross
46.27misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
46.28sentence the defendant:
46.29(1) to imprisonment for a definite term; or
46.30(2) to payment of a fine
46.31without imprisonment or as an intermediate sanction on a stayed sentence; or
46.32(3) to both imprisonment for a definite term and payment of a fine; or
46.33(4) to payment of court-ordered restitution in addition to either imprisonment
46.34or payment of a fine, or both; or
47.1(5) to payment of a local correctional fee as authorized under section
47.2addition to any other sentence imposed by the court; or
47.3(6) to perform work service in a restorative justice program in addition to any other
47.4sentence imposed by the court.
47.5(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
47.6due on the date imposed unless the court otherwise establishes a due date or a payment
47.7plan.
47.8EFFECTIVE DATE.This section is effective July 1, 2009.
47.9 Sec. 42. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
47.10 Subd. 3. Use of conviction for enhancement. Notwithstanding any other law, a
47.11conviction for a violation that was originally charged as a misdemeanor and was treated
47.12as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure, or
47.13was treated as a petty misdemeanor by inclusion on the uniform fine schedule, may not
47.14be used as the basis for charging a subsequent violation as a gross misdemeanor rather
47.15than a misdemeanor.
47.16EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
47.17violations committed on or after that date.
47.18 Sec. 43. [609.1315] UNIFORM FINE SCHEDULE.
47.19 Subdivision 1. Establishment and effective date. The Judicial Council shall
47.20establish a uniform fine schedule in consultation with affected state and local agencies.
47.21The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but
47.22shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine
47.23schedule shall set a fine that may be paid for each offense in lieu of a court appearance.
47.24The uniform fine schedule and any modifications shall be submitted to the legislature for
47.25approval by January 1 of each year and shall become effective on July 1 of that year unless
47.26the legislature, by law, provides otherwise.
47.27 Subd. 2. Effect on misdemeanor offenses. Any misdemeanors included on the
47.28uniform fine schedule shall be treated as petty misdemeanors, unless on the third or
47.29subsequent offense the charge is brought by a formal complaint or, for offenses committed
47.30under chapter 169, the violation was committed in a manner or under circumstances so as
47.31to endanger or be likely to endanger any person or property. Nothing in this subdivision
47.32limits the authority of a peace officer to make an arrest for offenses included on the
48.1uniform fine schedule. Nothing in this section limits the operation of section 169.89,
48.2subdivision 1. This subdivision expires on July 1, 2011.
48.3 Subd. 3. Notice. A defendant must be advised in writing that payment of the fine for
48.4an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to
48.5trial, and waiver of the right to counsel.
48.6EFFECTIVE DATE.Subdivision 2 is effective July 1, 2009, and applies to acts
48.7committed on or after that date.
48.8 Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
48.9 Subdivision 1. Terms and conditions. (a) Except when a sentence of life
48.10imprisonment is required by law, or when a mandatory minimum sentence is required by
48.11section
48.12(1) may order intermediate sanctions without placing the defendant on probation; or
48.13(2) may place the defendant on probation with or without supervision and on the
48.14terms the court prescribes, including intermediate sanctions when practicable. The court
48.15may order the supervision to be under the probation officer of the court, or, if there is
48.16none and the conviction is for a felony or gross misdemeanor, by the commissioner of
48.17corrections, or in any case by some other suitable and consenting person. Unless the court
48.18directs otherwise, state parole and probation agents and probation officers may impose
48.19community work service or probation violation sanctions, consistent with section
48.20subdivision 1
48.21No intermediate sanction may be ordered performed at a location that fails to
48.22observe applicable requirements or standards of chapter 181A or 182, or any rule
48.23promulgated under them.
48.24(b) For purposes of this subdivision, subdivision 6, and section
48.25"intermediate sanctions" includes but is not limited to incarceration in a local jail or
48.26workhouse, home detention, electronic monitoring, intensive probation, sentencing to
48.27service, reporting to a day reporting center, chemical dependency or mental health
48.28treatment or counseling, restitution, fines, day-fines, community work service, work
48.29service in a restorative justice program, work in lieu of or to work off fines and, with the
48.30victim's consent, work in lieu of or to work off restitution.
48.31(c) A court may not stay the revocation of the driver's license of a person convicted
48.32of violating the provisions of section
48.33(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
48.34payment is due on the date imposed unless the court otherwise establishes a due date
48.35or a payment plan.
49.1EFFECTIVE DATE.This section is effective July 1, 2009.
49.2 Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
49.3 Subd. 1a. Failure to pay restitution
49.4restitution
49.5restitution
49.6by the court or the probation officer, the prosecutor or the defendant's probation officer
49.7may, on the prosecutor's or the officer's own motion or at the request of the victim,
49.8ask the court to hold a hearing to determine whether or not the conditions of probation
49.9should be changed or probation should be revoked. The defendant's probation officer
49.10shall ask for the hearing if the restitution
49.11days before the term of probation expires. The court shall schedule and hold this hearing
49.12and take appropriate action, including action under subdivision 2, paragraph (g), before
49.13the defendant's term of probation expires.
49.14Nothing in this subdivision limits the court's ability to refer the case to collections
49.15under section 609.104 when a defendant fails to pay court-ordered restitution.
49.16EFFECTIVE DATE.This section is effective July 1, 2009.
49.17 Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
49.18 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
49.19other than section
49.20more than four years or the maximum period for which the sentence of imprisonment
49.21might have been imposed, whichever is longer.
49.22(b) If the conviction is for a gross misdemeanor violation of section
49.23or
49.24subdivision 1a
49.25court shall provide for unsupervised probation for the last year of the stay unless the court
49.26finds that the defendant needs supervised probation for all or part of the last year.
49.27(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
49.28stay shall be for not more than two years.
49.29(d) If the conviction is for any misdemeanor under section
49.30subdivision 1
49.32member as defined in section
49.33court shall provide for unsupervised probation for the second year of the stay unless the
49.34court finds that the defendant needs supervised probation for all or part of the second year.
50.1(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
50.2shall be for not more than one year.
50.3(f) The defendant shall be discharged six months after the term of the stay expires,
50.4unless the stay has been revoked or extended under paragraph (g), or the defendant has
50.5already been discharged.
50.6(g) Notwithstanding the maximum periods specified for stays of sentences under
50.7paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
50.8if it finds, at a hearing conducted under subdivision 1a, that:
50.9(1) the defendant has not paid court-ordered restitution
50.10with the payment schedule or structure; and
50.11(2) the defendant is likely to not pay the restitution
50.12the term of probation expires.
50.13This one-year extension of probation for failure to pay restitution
50.14extended by the court for up to one additional year if the court finds, at another hearing
50.15conducted under subdivision 1a, that the defendant still has not paid the court-ordered
50.16restitution
50.17Nothing in this subdivision limits the court's ability to refer the case to collections
50.18under section 609.104.
50.19(h) Notwithstanding the maximum periods specified for stays of sentences under
50.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
50.21years if it finds, at a hearing conducted under subdivision 1c, that:
50.22(1) the defendant has failed to complete court-ordered treatment successfully; and
50.23(2) the defendant is likely not to complete court-ordered treatment before the term of
50.24probation expires.
50.25EFFECTIVE DATE.This section is effective July 1, 2009.
50.26 Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read:
50.27611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
50.28STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
50.29 (a) Each judicial district must screen requests for representation by the district public
50.30defender. A defendant is financially unable to obtain counsel if:
50.31 (1) the defendant, or any dependent of the defendant who resides in the same
50.32household as the defendant, receives means-tested governmental benefits; or
51.1 (2) the defendant, through any combination of liquid assets and current income,
51.2would be unable to pay the reasonable costs charged by private counsel in that judicial
51.3district for a defense of the same matter.
51.4 (b) Upon a request for the appointment of counsel, the court shall make appropriate
51.5inquiry into the financial circumstances of the applicant, who shall submit a financial
51.6statement under oath or affirmation setting forth the applicant's assets and liabilities,
51.7including the value of any real property owned by the applicant, whether homestead or
51.8otherwise, less the amount of any encumbrances on the real property, the source or sources
51.9of income, and any other information required by the court. The applicant shall be under
51.10a continuing duty while represented by a public defender to disclose any changes in the
51.11applicant's financial circumstances that might be relevant to the applicant's eligibility for a
51.12public defender. The state public defender shall furnish appropriate forms for the financial
51.13statements. The forms must contain conspicuous notice of the applicant's continuing duty
51.14to disclose to the court changes in the applicant's financial circumstances. The forms must
51.15also contain conspicuous notice of the applicant's obligation to make a co-payment for the
51.16services of the district public defender, as specified under paragraph (c). The information
51.17contained in the statement shall be confidential and for the exclusive use of the court
51.18and the public defender appointed by the court to represent the applicant except for any
51.19prosecution under section
51.20financial records constitutes a waiver of the right to the appointment of a public defender.
51.21The court shall not appoint a district public defender to a defendant who is financially able
51.22to retain private counsel but refuses to do so.
51.23 An inquiry to determine financial eligibility of a defendant for the appointment of
51.24the district public defender shall be made whenever possible prior to the court appearance
51.25and by such persons as the court may direct. This inquiry may be combined with the
51.26prerelease investigation provided for in Minnesota Rule of Criminal Procedure
51.27subdivision 3
51.28inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
51.29conduct a financial inquiry. The inquiry must include the following:
51.30 (1) the liquidity of real estate assets, including the defendant's homestead;
51.31 (2) any assets that can be readily converted to cash or used to secure a debt;
51.32 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
51.33conveyance; and
51.34 (4) the value of all property transfers occurring on or after the date of the alleged
51.35offense. The burden is on the accused to show that he or she is financially unable to afford
51.36counsel. Defendants who fail to provide information necessary to determine eligibility
52.1shall be deemed ineligible. The court must not appoint the district public defender as
52.2advisory counsel.
52.3 (c) Upon disposition of the case, an individual who has received public defender
52.4services shall pay to the court a
52.5public defender, unless the co-payment is, or has been, waived by the court.
52.6 The co-payment must be credited to the general fund. If a term of probation is
52.7imposed as a part of an offender's sentence, the co-payment required by this section must
52.8not be made a condition of probation. The co-payment required by this section is a civil
52.9obligation and must not be made a condition of a criminal sentence.
52.10EFFECTIVE DATE.This section is effective July 1, 2009.
52.11 Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read:
52.12631.48 SENTENCE; COSTS OF PROSECUTION.
52.13In a criminal action, upon conviction of the defendant, the court may order as part of
52.14the sentence that defendant shall pay the whole or any part of the disbursements of the
52.15prosecution, including disbursements made to extradite a defendant. The court may order
52.16this payment in addition to any other penalty authorized by law which it may impose. The
52.17payment of the disbursements of prosecution may be enforced in the same manner as the
52.18sentence, or by execution against property. When collected, the disbursements
52.19
52.20paid to the municipality or subdivision of government which employed the prosecuting
52.21attorney or otherwise provided for prosecution of the case. This payment may not interfere
52.22with the payment of officers', witnesses', or jurors' fees.
52.23EFFECTIVE DATE.This section is effective July 1, 2009.
52.24 Sec. 49. PUBLIC DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.
52.25 Subdivision 1. Creation of fee. The Supreme Court, through the lawyer registration
52.26office, may assess a public defender fee on each licensed attorney in the state. The fee
52.27must be equal to or greater than the civil legal services fee that licensed attorneys are
52.28required to pay pursuant to the rules of the Supreme Court on lawyer registration.
52.29 Subd. 2. Creation of account. A public defender fee account is created in the
52.30special revenue fund. The public defender fee is deposited in the public defender fee
52.31account in the special revenue fund. The amounts in the account are appropriated to the
52.32Board of Public Defense.
53.1 Subd. 3. Purpose of account. The purpose of the public defender fee account is to
53.2provide funding for the Board of Public Defense.
53.3 Subd. 4. Prohibition on nonpublic defender transfers from account.
53.4Notwithstanding any law to the contrary, money in the public defender fee account shall
53.5be appropriated solely for the purpose of funding the Board of Public Defense.
53.6EFFECTIVE DATE.This section is effective July 1, 2009.
53.7 Sec. 50. REPEALER.
53.8Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
53.92; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135,
53.10subdivision 8, are repealed.
53.11EFFECTIVE DATE.This section is effective July 1, 2009.
53.14 Section 1. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
53.15 Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
53.16to imprisonment for not more than five years or to payment of a fine of not more than
53.17$10,000, or both.
53.18(b) If the conviction is a subsequent controlled substance conviction, a person
53.19convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
53.20or to a local correctional authority for not less than six months nor more than ten years
53.21and, in addition, may be sentenced to payment of a fine of not more than $20,000. Prior
53.22to the time of sentencing, the prosecutor may file a motion to have the person sentenced
53.23without regard to the mandatory minimum sentence established by this paragraph. The
53.24motion must be accompanied by a statement on the record of the reasons for it. When
53.25presented with the motion, or on its own motion, the court may sentence the person
53.26without regard to the mandatory minimum sentence if the court finds, on the record,
53.27substantial and compelling reasons to do so. Sentencing a person in this manner is a
53.28departure from the sentencing guidelines.
53.29EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
53.30committed on or after that date.
53.31 Sec. 2. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
54.1 Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
54.2An individual whose driver's license has been revoked as provided in subdivision 1,
54.3except under section
54.4license is reinstated.
54.5 (b) A person whose driver's license has been revoked as provided in subdivision 1
54.6under section
54.7before the driver's license is reinstated, except as provided in paragraph (f). The $250
54.8fee is to be credited as follows:
54.9 (1) Twenty percent must be credited to the driver services operating account in the
54.10special revenue fund as specified in section
54.11 (2) Sixty-seven percent must be credited to the general fund.
54.12 (3) Eight percent must be credited to a separate account to be known as the Bureau of
54.13Criminal Apprehension account. Money in this account
54.14to the commissioner of public safety and the appropriated amount must be apportioned
54.1580 percent for laboratory costs and 20 percent for carrying out the provisions of section
54.17 (4) Five percent must be credited to a separate account to be known as the vehicle
54.18forfeiture account, which is created in the special revenue fund. The money in the account
54.19is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
54.20 (c) The revenue from $50 of the surcharge must be credited to a separate account
54.21to be known as the traumatic brain injury and spinal cord injury account. The revenue
54.22from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
54.23first installment payment to the traumatic brain injury and spinal cord injury account.
54.24The money in the account is annually appropriated to the commissioner of health to be
54.25used as follows: 83 percent for contracts with a qualified community-based organization
54.26to provide information, resources, and support to assist persons with traumatic brain
54.27injury and their families to access services, and 17 percent to maintain the traumatic
54.28brain injury and spinal cord injury registry created in section
54.29of this paragraph, a "qualified community-based organization" is a private, not-for-profit
54.30organization of consumers of traumatic brain injury services and their family members.
54.31The organization must be registered with the United States Internal Revenue Service under
54.32section 501(c)(3) as a tax-exempt organization and must have as its purposes:
54.33 (1) the promotion of public, family, survivor, and professional awareness of the
54.34incidence and consequences of traumatic brain injury;
54.35 (2) the provision of a network of support for persons with traumatic brain injury,
54.36their families, and friends;
55.1 (3) the development and support of programs and services to prevent traumatic
55.2brain injury;
55.3 (4) the establishment of education programs for persons with traumatic brain injury;
55.4and
55.5 (5) the empowerment of persons with traumatic brain injury through participation
55.6in its governance.
55.7A patient's name, identifying information, or identifiable medical data must not be
55.8disclosed to the organization without the informed voluntary written consent of the patient
55.9or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
55.10 (d) The remainder of the surcharge must be credited to a separate account to be
55.11known as the remote electronic alcohol-monitoring program account. The commissioner
55.12shall transfer the balance of this account to the commissioner of finance on a monthly
55.13basis for deposit in the general fund.
55.14 (e) When these fees are collected by a licensing agent, appointed under section
55.16subdivision 4
55.17depository as directed under section
55.18 (f) A person whose driver's license has been revoked as provided in subdivision
55.191 under section
55.20eligible for a public defender under section
55.21an additional $25 of the total amount of the surcharge and 50 percent of the fee required
55.22under paragraph (b) to reinstate the person's driver's license, provided the person meets all
55.23other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
55.24an additional $25, the driver's license must expire after two years. The person must pay an
55.25additional 50 percent less $25 of the total to extend the license for an additional two years,
55.26provided the person is otherwise still eligible for the license. After this final payment of
55.27the surcharge and fee, the license may be renewed on a standard schedule, as provided
55.28under section
55.29Revenue from the handling charge is credited to the driver services operating account in
55.30the special revenue fund and is appropriated to the commissioner.
55.31 (g) Any person making installment payments under paragraph (f), whose driver's
55.32license subsequently expires, or is canceled, revoked, or suspended before payment of
55.33100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
55.34reinstatement before the driver's license is subsequently reinstated. Upon payment of
55.35the outstanding balance due for the initial reinstatement, the person may pay any new
56.1surcharge and fee imposed under paragraph (b) in installment payments as provided
56.2under paragraph (f).
56.3EFFECTIVE DATE.This section is effective July 1, 2009.
56.4 Sec. 3. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
56.5 Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
56.6performance report to the chairs and ranking minority members of the senate and house
56.7of representatives committees and divisions having jurisdiction over criminal justice
56.8funding by January 15, 2005, and every other year thereafter. The issuance and content
56.9of the report must include the following:
56.10 (1) department strategic mission, goals, and objectives;
56.11 (2) the department-wide per diem, adult facility-specific per diems, and an average
56.12per diem, reported in a standard calculated method as outlined in the departmental policies
56.13and procedures;
56.14 (3) department annual statistics as outlined in the departmental policies and
56.15procedures; and
56.16 (4) information about prison-based mental health programs, including, but not
56.17limited to, the availability of these programs, participation rates, and completion rates.
56.18 (b) The department shall maintain recidivism rates for adult facilities on an annual
56.19basis. In addition, each year the department shall, on an alternating basis, complete a
56.20recidivism analysis of adult facilities, juvenile services, and the community services
56.21divisions and include a three-year recidivism analysis in the report described in paragraph
56.22(a). The recidivism analysis must: (1) assess education programs, vocational programs,
56.23treatment programs, including mental health programs, industry, and employment; and (2)
56.24assess statewide re-entry policies and funding, including postrelease treatment, education,
56.25training, and supervision. In addition, when reporting recidivism for the department's
56.26adult and juvenile facilities, the department shall report on the extent to which offenders it
56.27has assessed as chemically dependent commit new offenses, with separate recidivism rates
56.28reported for persons completing and not completing the department's treatment programs.
56.29(c) By August 31 of each odd-numbered year, the commissioner must present to
56.30the legislature a report that lists and describes the performance measures and targets the
56.31department will include in the biennial performance report. The measures and targets
56.32must include a budget target for the next two years and a history of the department's
56.33performance for the previous five years. At a minimum, the report must include measures
56.34and targets for the data and information identified in paragraphs (a) and (b) regarding per
56.35diem, statistics, inmate programming, and recidivism, and the following:
57.1(1) average statutory per diem for adult offenders, female offenders, and juvenile
57.2offenders;
57.3(2) community corrections;
57.4(3) staffing and salaries for both department divisions and institutions;
57.5(4) the use of private and local institutions to house persons committed to the
57.6commissioner;
57.7(5) the cost of inmate health and dental care;
57.8(6) implementation and use of corrections best practices; and
57.9(7) the challenge incarceration program.
57.10EFFECTIVE DATE.This section is effective June 1, 2009.
57.11 Sec. 4. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
57.12 Subd. 2. Conditional release of certain nonviolent controlled substance
57.13offenders. An offender who has been committed to the commissioner's custody may
57.14petition the commissioner for conditional release from prison before the offender's
57.15scheduled supervised release date or target release date if:
57.16(1) the offender is serving a sentence for violating section
57.172a;
57.18(2) the offender committed the crime as a result of a controlled substance addiction,
57.19and not primarily for profit;
57.20(3) the offender has served at least 36 months or one-half of the offender's term of
57.21imprisonment, whichever is less;
57.22(4) the offender successfully completed a chemical dependency treatment program
57.23of the type described in this section while in prison;
57.24(5) the offender has not previously been conditionally released under this section;
57.25(6) the offender has not within the past ten years been convicted or adjudicated
57.26delinquent for a violent crime as defined in section
57.27conviction for the controlled substance offense; and
57.28(7) the offender has access upon release to aftercare, community-based chemical
57.29dependency treatment, and housing.
57.30EFFECTIVE DATE.This section is effective July 1, 2009.
57.31 Sec. 5. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
57.32 Subd. 11. Sunset. This section expires July 1,
57.33EFFECTIVE DATE.This section is effective July 1, 2009.
58.1 Sec. 6. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
58.2 Subd. 1a. Mission; efficiency. It is part of the department's mission that within the
58.3department's resources the commissioner shall endeavor to:
58.4(1) prevent the waste or unnecessary spending of public money;
58.5(2) use innovative fiscal and human resource practices to manage the state's
58.6resources and operate the department as efficiently as possible;
58.7(3) coordinate the department's activities wherever appropriate with the activities
58.8of other governmental agencies;
58.9(4) use technology where appropriate to increase agency productivity, improve
58.10customer service, increase public access to information about government, and increase
58.11public participation in the business of government;
58.12(5) utilize constructive and cooperative labor-management practices to the extent
58.13otherwise required by chapters 43A and 179A; and
58.14
58.15
58.16
58.17
58.18out the mission and improve the performance of the department.
58.19 Sec. 7. Minnesota Statutes 2008, section 299A.01, is amended by adding a subdivision
58.20to read:
58.21 Subd. 1c. Performance report; performance measures and targets. (a)
58.22The commissioner, as part of the department's mission and within the department's
58.23resources, shall report to the legislature on the performance of agency operations and the
58.24accomplishment of agency goals in the agency's biennial budget according to paragraph
58.25(b) and section 16A.10, subdivision 1. The purpose of the report is to determine the extent
58.26to which each program is accomplishing the program's mission, goals, and objectives.
58.27The report may address:
58.28(1) factors that limited or delayed achievement of objectives or goals;
58.29(2) resources used or saved and efficiencies achieved in reaching program objectives
58.30and goals;
58.31(3) information from customers and partners of the agency regarding the quality of
58.32service and effectiveness of the agency and the agency's programs;
58.33(4) recommendations on elimination of unnecessary or obsolete mandated reports;
58.34and
58.35(5) major cases, events, or circumstances that required an agency response.
59.1(b) By June 30 of each odd-numbered year, the commissioner must present to the
59.2legislature a report that states the mission, goals, and objectives of each program and lists
59.3and describes the performance measures and targets the department will include in the
59.4performance report required under paragraph (a). The report must include information
59.5on how program goals and objectives were created and who participated in formulating
59.6them. The measures and targets must include a history of the department's performance
59.7for the previous five years. At a minimum, the report must include measures and targets
59.8for the following:
59.9(1) staffing and salaries for divisions within the agency;
59.10(2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
59.11(3) development and funding of the Allied Radio Matrix for Emergency Response
59.12(ARMER);
59.13(4) grant programs administered under the Office of Justice Programs and Homeland
59.14Security and Emergency Management;
59.15(5) receipt and expenditure of federal grant funds;
59.16(6) expenditure of the fire safety insurance surcharge;
59.17(7) emergency preparedness;
59.18(8) crime lab operations; and
59.19(9) assistance provided to crime victims.
59.20EFFECTIVE DATE.This section is effective June 1, 2009.
59.21 Sec. 8. Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read:
59.22 Subd. 3a. Report. The policy group, with the assistance of the task force, shall file
59.23
59.24minority members of the senate and house of representatives committees and divisions
59.25with jurisdiction over criminal justice funding and policy by January 15
59.26odd-numbered year. The report must provide the following:
59.27(1) status and review of current integration efforts and projects;
59.28(2) recommendations concerning any legislative changes or appropriations that
59.29are needed to ensure that the criminal justice information systems operate accurately
59.30and efficiently; and
59.31(3) summary of the activities of the policy group and task force.
59.32EFFECTIVE DATE.This section is effective the day following final enactment.
59.33 Sec. 9. Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:
60.1 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
60.2customer of a wireless or wire-line switched or packet-based telecommunications service
60.3provider connected to the public switched telephone network that furnishes service capable
60.4of originating a 911 emergency telephone call is assessed a fee based upon the number
60.5of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
60.6maintenance and related improvements for trunking and central office switching equipment
60.7for 911 emergency telecommunications service, to offset administrative and staffing costs
60.8of the commissioner related to managing the 911 emergency telecommunications service
60.9program, to make distributions provided for in section
60.10including administrative and staffing costs, incurred by the State Patrol Division of the
60.11Department of Public Safety in handling 911 emergency calls made from wireless phones,
60.12and for any other purpose the commissioner determines is related to the effective operation
60.13of the emergency telecommunications system in the state.
60.14 (b) Money remaining in the 911 emergency telecommunications service account
60.15after all other obligations are paid must not cancel and is carried forward to subsequent
60.16years and may be appropriated from time to time to the commissioner to provide financial
60.17assistance to counties for the improvement of local emergency telecommunications
60.18services. The improvements may include providing access to 911 service for
60.19telecommunications service subscribers currently without access and upgrading existing
60.20911 service to include automatic number identification, local location identification,
60.21automatic location identification, and other improvements specified in revised county
60.22911 plans approved by the commissioner.
60.23 (c) The fee may not be less than eight cents nor more than 65 cents a month until
60.24June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
60.252009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
60.26not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
60.27each customer access line or other basic access service, including trunk equivalents as
60.28designated by the Public Utilities Commission for access charge purposes and including
60.29wireless telecommunications services. With the approval of the commissioner of finance,
60.30the commissioner of public safety shall establish the amount of the fee within the limits
60.31specified and inform the companies and carriers of the amount to be collected. When the
60.32revenue bonds authorized under section
60.33defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
60.34no longer needed. The commissioner shall provide companies and carriers a minimum of
60.3545 days' notice of each fee change. The fee must be the same for all customers.
61.1 (d) The fee must be collected by each wireless or wire-line telecommunications
61.2service provider subject to the fee. Fees are payable to and must be submitted to the
61.3commissioner monthly before the 25th of each month following the month of collection,
61.4except that fees may be submitted quarterly if less than $250 a month is due, or annually if
61.5less than $25 a month is due. Receipts must be deposited in the state treasury and credited
61.6to a 911 emergency telecommunications service account in the special revenue fund. The
61.7money in the account may only be used for 911 telecommunications services.
61.8 (e) This subdivision does not apply to customers of interexchange carriers.
61.9 (f) The installation and recurring charges for integrating wireless 911 calls into
61.10enhanced 911 systems are eligible for payment by the commissioner if the 911 service
61.11provider is included in the statewide design plan and the charges are made pursuant to
61.12contract.
61.13 (g) Competitive local exchanges carriers holding certificates of authority from the
61.14Public Utilities Commission are eligible to receive payment for recurring 911 services.
61.15(h) The revisions made to paragraph (a) in 2009 expire on June 30, 2011.
61.16EFFECTIVE DATE.This section is effective July 1, 2009.
61.17 Sec. 10. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
61.18 Subdivision 1. Sentence to
61.19sentence to imprisonment
61.20
61.21the custody of the commissioner of corrections
61.22
61.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to offenders
61.24sentenced on or after that date.
61.25 Sec. 11. COUNTY-BASED REVOCATION CENTER PILOT PROJECT;
61.26REPORT.
61.27(a) Dodge, Fillmore, Olmsted, and Ramsey Counties and Tri-county and Hennepin
61.28Community Corrections, and any other county or community corrections department
61.29that requests to participate shall develop a proposal for a pilot project for a secure
61.30residential center and supervision of persons facing revocation of their supervised release
61.31or execution of a stayed prison sentence. The proposal must address the care, custody, and
61.32programming for offenders assigned to the facility as an intermediate sanction prior to
61.33revocation or execution of a stayed prison sentence.
62.1(b) The counties must consider the following factors in developing the proposal:
62.2(1) type and length of programming for offenders, including supervision, mental
62.3health and chemical dependency treatment options, and educational and employment
62.4readiness opportunities;
62.5(2) medical care;
62.6(3) the transport of offenders to and from any facility;
62.7(4) detailed current and future costs and per diems associated with the facility;
62.8(5) admission and release procedures of the proposed facility;
62.9(6) intended outcomes of the pilot project; and
62.10(7) other factors deemed appropriate for consideration by the counties.
62.11(c) By December 1, 2009, the counties of Dodge, Fillmore, Olmsted, and Ramsey
62.12and Tri-county and Hennepin County Community Corrections shall report the pilot project
62.13proposal to the chairs and ranking minority members of the legislative committees having
62.14jurisdiction over public safety policy and finance.
62.15EFFECTIVE DATE.This section is effective July 1, 2009.
62.16 Sec. 12. REPEALER.
62.17Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, are repealed.
62.18EFFECTIVE DATE.This section is effective July 1, 2009.