Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 376-S.F.No. 2256 
                  An act relating to elections; eliminating certain 
                  provisions that have been ruled unconstitutional; 
                  amending Minnesota Statutes 1996, sections 211B.04; 
                  211B.06, subdivision 1; 253B.23, subdivision 2; and 
                  609.165, by adding a subdivision; Minnesota Statutes 
                  1997 Supplement, section 201.15, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        201.15, subdivision 1, is amended to read: 
           Subdivision 1.  [GUARDIANSHIPS, AND INCOMPETENTS AND 
        PSYCHOPATHS.] The state court administrator shall report monthly 
        to the secretary of state the name, address, and date of birth 
        of each individual 18 years of age or over, who during the month 
        preceding the date of the report:  
           (a) was placed under a guardianship of the person; or 
           (b) was adjudged legally incompetent by reason of mental 
        illness, mental deficiency, or inebriation; or 
           (c) was adjudged a sexually dangerous person or a person 
        with a sexual psychopathic personality.  
           The court administrator shall also report the same 
        information for each individual transferred to the jurisdiction 
        of the court who meets a condition specified in clause 
        (a), or (b), or (c).  The secretary of state shall determine if 
        any of the persons in the report is registered to vote and shall 
        prepare a list of those registrants for the county auditor.  The 
        county auditor shall change the status on the record in the 
        statewide registration system of any individual named in the 
        report to indicate that the individual is not eligible to 
        reregister or vote. 
           Sec. 2.  Minnesota Statutes 1996, section 211B.04, is 
        amended to read: 
           211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 
           (a) A person who participates in the preparation or 
        dissemination of campaign material other than as provided in 
        section 211B.05, subdivision 1, that does not prominently 
        include the name and address of the person or committee causing 
        the material to be prepared or disseminated in a disclaimer 
        substantially in the form provided in paragraph (b) or (c) is 
        guilty of a misdemeanor.  
           (b) Except in cases covered by paragraph (c), the required 
        form of disclaimer is:  "Prepared and paid for by the .......... 
        committee, .........(address)" for material prepared and paid 
        for by a principal campaign committee, or "Prepared and paid for 
        by the .......... committee, .........(address), in support of 
        .........(insert name of candidate or ballot question)" for 
        material prepared and paid for by a person or committee other 
        than a principal campaign committee. 
           (c) In the case of broadcast media, the required form of 
        disclaimer is:  "Paid for by the ............ committee." 
           (d) Campaign material that is not circulated on behalf of a 
        particular candidate or ballot question must also include in the 
        disclaimer either that it is "in opposition to .....(insert name 
        of candidate or ballot question.....)"; or that "this 
        publication is not circulated on behalf of any candidate or 
        ballot question." 
           (e) This section does not apply to objects stating only the 
        candidate's name and the office sought, fundraising tickets, or 
        personal letters that are clearly being sent by the candidate. 
           (f) This section does not apply to an individual who acts 
        independently of any candidate, committee, political committee, 
        or political fund and spends only from the individual's own 
        resources a sum that is less than $300 in the aggregate to 
        produce or distribute campaign material that is distributed at 
        least 14 days before the election to which the campaign material 
        relates. 
           (g) This section does not modify or repeal section 211B.06. 
           Sec. 3.  Minnesota Statutes 1996, section 211B.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROSS MISDEMEANOR.] A person is guilty of 
        a gross misdemeanor who intentionally participates in the 
        preparation, dissemination, or broadcast of paid political 
        advertising or campaign material with respect to the personal or 
        political character or acts of a candidate, whether or not 
        defamatory, or with respect to the effect of a ballot question, 
        that the person knows or has reason to believe is false and that 
        is designed or tends to elect, injure, promote, or defeat a 
        candidate for nomination or election to a public office or to 
        promote or defeat a ballot question, that is false, and that the 
        person knows is false or communicates to others with reckless 
        disregard of whether it is false. 
           A person is guilty of a misdemeanor who intentionally 
        participates in the drafting of a letter to the editor with 
        respect to the personal or political character or acts of a 
        candidate, if defamatory, or with respect to the effect of a 
        ballot question, that the person knows is false and which is 
        designed or tends to elect, injure, promote, or defeat any 
        candidate for nomination or election to a public office or to 
        promote or defeat a ballot question, that is false, and that the 
        person knows is false or communicates to others with reckless 
        disregard of whether it is false. 
           Sec. 4.  Minnesota Statutes 1996, section 253B.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 
        as otherwise provided in this chapter and in sections 
        246.15 and, 246.16, and 609.165, no person by reason of 
        commitment or treatment pursuant to this chapter shall be 
        deprived of any legal right, including but not limited to the 
        right to dispose of property, sue and be sued, execute 
        instruments, make purchases, enter into contractual 
        relationships, vote, and hold a driver's license. Commitment or 
        treatment of any patient pursuant to this chapter is not a 
        judicial determination of legal incompetency except to the 
        extent provided in section 253B.03, subdivision 6.  
           (b) Proceedings for determination of legal incompetency and 
        the appointment of a guardian for a person subject to commitment 
        under this chapter may be commenced before, during, or after 
        commitment proceedings have been instituted and may be conducted 
        jointly with the commitment proceedings.  The court shall notify 
        the head of the treatment facility to which the patient is 
        committed of a finding that the patient is incompetent.  
           (c) Where the person to be committed is a minor or owns 
        property of value and it appears to the court that the person is 
        not competent to manage a personal estate, the court shall 
        appoint a general or special guardian or conservator of the 
        person's estate as provided by law. 
           Sec. 5.  Minnesota Statutes 1996, section 609.165, is 
        amended by adding a subdivision to read: 
           Subd. 1c.  [PERSONS CIVILLY COMMITTED.] Notwithstanding 
        subdivision 1, a person who has been deprived of civil rights by 
        reason of conviction of a crime is not restored to civil rights 
        as long as the person remains civilly committed under chapter 
        253B or Minnesota Statutes 1992, section 526.10, based in whole 
        or in part on the same conduct as caused the person to be 
        convicted of the crime. 
           Sec. 6.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment.  
        Section 3 applies to offenses committed on or after its 
        effective date.  Section 5 applies to discharges under Minnesota 
        Statutes, section 609.165, subdivision 2, that occur on or after 
        its effective date. 
           Presented to the governor April 7, 1998 
           Signed by the governor April 9, 1998, 10:50 a.m.