1.1 .................... moves to amend H. F. No. 829 as follows:
1.2Delete everything after the enacting clause and insert:
1.5
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Section 1. SUMMARY OF APPROPRIATIONS.
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1.6 The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this act.
1.8
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2008
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2009
|
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Total
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1.9
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General
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$
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926,305,000
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$
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963,781,000
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$
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1,890,086,000
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1.10
1.11
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State Government Special
Revenue
|
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55,688,000
|
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50,392,000
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106,080,000
|
1.12
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Environmental Fund
|
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69,000
|
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71,000
|
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140,000
|
1.13
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Special Revenue Fund
|
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11,968,000
|
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15,007,000
|
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26,975,000
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1.14
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Trunk Highway
|
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367,000
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374,000
|
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741,000
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1.15
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Total
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$
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994,397,000
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$
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1,029,625,000
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$
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2,024,022,000
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1.16
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Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
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1.18 The sums shown in the columns marked "Appropriations" are appropriated to the
1.19agencies and for the purposes specified in this act. The appropriations are from the general
1.20fund, or another named fund, and are available for the fiscal years indicated for each
1.21purpose. The figures "2008" and "2009" used in this act mean that the appropriations
1.22listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
1.23respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
1.24"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
1.25June 30, 2007, are effective the day following final enactment.
1.26
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APPROPRIATIONS
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1.27
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Available for the Year
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2.1
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|
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Ending June 30
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2.2
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|
|
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2008
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2009
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2.3
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Sec. 3. SUPREME COURT
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|
|
|
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2.4
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Subdivision 1.Total Appropriation
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$
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44,112,000
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$
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45,443,000
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2.5The amounts that may be spent for each
2.6purpose are specified in the following
2.7subdivisions.
2.8
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Subd. 2.Judicial salaries
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|
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2.9Effective July 1, 2007, and July 1, 2008,
2.10the salaries of judges of the Supreme Court,
2.11Court of Appeals, and district court are
2.12increased by two percent.
2.13
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Subd. 3.Supreme Court operations
|
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31,292,000
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32,623,000
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2.14Contingent account. $5,000 each year is for
2.15a contingent account for expenses necessary
2.16for the normal operation of the court for
2.17which no other reimbursement is provided.
2.18
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Subd. 4.Civil legal services
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12,820,000
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12,820,000
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2.19Legal services to low-income clients in
2.20family law matters. Of this appropriation,
2.21$877,000 each year is to improve the
2.22access of low-income clients to legal
2.23representation in family law matters. This
2.24appropriation must be distributed under
2.25Minnesota Statutes, section 480.242, to
2.26the qualified legal services programs
2.27described in Minnesota Statutes, section
2.28480.242, subdivision 2, paragraph (a). Any
2.29unencumbered balance remaining in the first
2.30year does not cancel and is available in the
2.31second year.
2.32
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Sec. 4. COURT OF APPEALS
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$
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9,766,000
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$
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10,620,000
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3.1Caseload increase. $1,285,000 the first
3.2year and $1,876,000 the second year are
3.3for caseload increases. This money must
3.4be used for three additional judge units, an
3.5additional staff attorney, 2.67 additional
3.6full-time equivalent law clerk positions, and
3.7for retired judges.
3.8
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Sec. 5. TRIAL COURTS
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$
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247,167,000
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$
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257,861,000
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3.9New judge units. $1,536,000 the first year
3.10and $2,778,000 the second year are for an
3.11increase in judge units, including three trial
3.12court judge units in the First Judicial District,
3.13one trial court judge unit in the Third Judicial
3.14District, one trial court judge unit in the
3.15Ninth Judicial District and one trial court
3.16judge unit in the Tenth Judicial District.
3.17These new judge units begin on January 1,
3.182008. Each judge unit consists of a judge,
3.19law clerk, and court reporter.
3.20Maintain and expand drug courts.
3.21$2,242,000 the first year and $4,330,000 the
3.22second year are to maintain and to establish
3.23new drug courts.
3.24Guardian ad litem services. $1,260,000 the
3.25first year and $1,629,000 the second year are
3.26for guardian ad litem services.
3.27Interpreter services. $606,000 the first
3.28year and $777,000 the second year are for
3.29interpreter services.
3.30Psychological services. $1,531,000 the first
3.31year and $2,151,000 the second year are for
3.32psychological services.
3.33In forma pauperis services. $178,000 each
3.34year is for in forma pauperis services.
4.1
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Sec. 6. TAX COURT
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$
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788,000
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$
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812,000
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4.2
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Sec. 7. UNIFORM LAWS COMMISSION
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$
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58,000
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$
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52,000
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4.3
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Sec. 8. BOARD ON JUDICIAL STANDARDS
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$
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448,000
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$
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455,000
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4.4Investigative and hearing costs. $125,000
4.5each year is for special investigative and
4.6hearing costs for major disciplinary actions
4.7undertaken by the board. This appropriation
4.8does not cancel. Any encumbered and
4.9unspent balances remain available for these
4.10expenditures in subsequent fiscal years.
4.11
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Sec. 9. BOARD OF PUBLIC DEFENSE
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$
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65,523,000
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$
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68,694,000
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4.12
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Sec. 10. PUBLIC SAFETY
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|
|
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4.13
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Subdivision 1.Total Appropriation
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$
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154,041,000
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$
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154,726,000
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4.14
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Appropriations by Fund
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4.15
|
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2008
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2009
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4.16
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General
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91,126,000
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94,032,000
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4.17
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Special Revenue
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6,791,000
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9,857,000
|
4.18
4.19
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State Government
Special Revenue
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55,688,000
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50,392,000
|
4.20
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Environmental
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69,000
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71,000
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4.21
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Trunk Highway
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367,000
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374,000
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4.22The amounts that may be spent for each
4.23purpose are specified in the following
4.24subdivisions.
4.25
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Subd. 2.Emergency Management
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2,939,000
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2,872,000
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4.26
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Appropriations by Fund
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4.27
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General
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2,870,000
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2,801,000
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4.28
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Environmental
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69,000
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71,000
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4.29$250,000 each year is additional funding
4.30to provide state match for federal disaster
4.31assistance.
4.32$75,000 the first year is for one position to
4.33coordinate state readiness for a pandemic
4.34event. This is a onetime appropriation.
5.1
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Subd. 3.Criminal Apprehension
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45,374,000
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47,021,000
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5.2
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Appropriations by Fund
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5.3
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General
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44,555,000
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46,179,000
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5.4
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Special Revenue
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445,000
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461,000
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5.5
5.6
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State Government
Special Revenue
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7,000
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7,000
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5.7
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Trunk Highway
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367,000
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374,000
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5.8Cooperative Investigation of
5.9Cross-Jurisdictional Criminal Activity.
5.10$93,000 each year is appropriated from the
5.11Bureau of Criminal Apprehension account in
5.12the special revenue fund for grants to local
5.13officials for the cooperative investigation of
5.14cross-jurisdictional criminal activity. Any
5.15unencumbered balance remaining in the first
5.16year does not cancel but is available for the
5.17second year.
5.18Laboratory Activities. $352,000 the first
5.19year and $368,000 the second year are
5.20appropriated from the Bureau of Criminal
5.21Apprehension account in the special revenue
5.22fund for laboratory activities.
5.23DWI Lab Analysis. Notwithstanding
5.24Minnesota Statutes, section
161.20,
5.25subdivision 3
, $367,000 the first year and
5.26$374,000 the second year are appropriated
5.27from the trunk highway fund for laboratory
5.28analysis related to driving-while-impaired
5.29cases.
5.30CriMNet Justice Information Integration.
5.31$3,135,000 the first year and $3,460,000 the
5.32second year are for statewide information
5.33integration priorities. The base for this
5.34appropriation in fiscal year 2010 shall be
5.35$2,032,000.
6.1Policy Group; Report. The criminal and
6.2juvenile justice information policy group
6.3must study funding sources other than the
6.4general fund for new CriMNet costs and
6.5should present its ideas to the house and
6.6senate committees having jurisdiction over
6.7criminal justice issues by January 15, 2008.
6.8Forensic Scientists. $1,018,000 the first
6.9year and $1,769,000 the second year are for
6.1019 new forensic scientists in the Bureau of
6.11Criminal Apprehension Forensic Science
6.12Laboratory.
6.13Background Checks. $50,000 the
6.14first year is for the Bureau of Criminal
6.15Apprehension to conduct state background
6.16checks by charitable, non profit mentoring
6.17organizations.
6.18
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Subd. 4.Fire Marshal
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6,196,000
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9,243,000
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6.19This appropriation is from the fire safety
6.20account in the special revenue fund.
6.21Of this amount, $3,330,000 the first year and
6.22$6,300,000 the second year are for activities
6.23under Minnesota Statutes, section 299F.012.
6.24
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Subd. 5.Alcohol and Gambling Enforcement
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1,785,000
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1,817,000
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6.25
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Appropriations by Fund
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6.26
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General
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1,635,000
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1,664,000
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6.27
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Special Revenue
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150,000
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153,000
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6.28
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Subd. 6.Office of Justice Programs
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42,066,000
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43,388,000
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6.29Crime Victim Reparations. $250,000 each
6.30year is to increase the amount of funding for
6.31crime victim reparations.
6.32Gang and Drug Task Force. $600,000 the
6.33first year and $1,900,000 the second year are
6.34for grants to the Gang and Drug Task Force.
7.1Victim Notification System. $455,000
7.2each year is for the continuation of the
7.3victim information and notification everyday
7.4(VINE) service.
7.5Crime Prevention and Law Enforcement
7.6Grants. (a) $2,000,000 each year is for crime
7.7prevention and law enforcement grants.
7.8The office of justice programs shall conduct
7.9a competitive award process that ensures
7.10that grants are awarded to the most qualified
7.11organizations based on the office's established
7.12policies and procedures. The office shall
7.13determine the amount of each grant award
7.14based on need and funds available. The office
7.15shall require a grant recipient to report back
7.16to the office quarterly during the duration
7.17of the grant, and the office has the authority
7.18to withhold or suspend any additional grant
7.19payments if the grant recipient fails to meet
7.20the office's performance standards.
7.21The following organizations are eligible to
7.22apply for grants: (1) the city of St. Paul
7.23Police Department's Special Investigation
7.24Unit's Asian Gang Task Force; (2) the
7.25Victim Intervention Program, Inc.; (3) the
7.26Mosaic Youth Center; (4) Ramsey County's
7.27Juvenile Detention Alternatives Initiative;
7.28(5) Restorative Justice Community Action,
7.29Inc.; (6) existing supervised parenting time
7.30centers; (7) existing child advocacy centers;
7.31(8) law enforcement agencies to make squad
7.32car camera updates; (9) the St. Paul police
7.33and fire departments to hire an emergency
7.34coordinator; and (10) the Tenth Judicial
7.35District to administer a safe cab program.
8.1Any grant awarded to an organization in
8.2clause (5) may not be used for restorative
8.3justice in domestic violence cases. This is a
8.4onetime appropriation.
8.5(b) The executive director of the office
8.6of justice programs shall prepare a report
8.7containing the following information: a
8.8list of grant recipients, the amount of each
8.9award, the performance and eligibility
8.10standards used to determine the amount
8.11and recipient of each award, the office's
8.12reporting requirements, the grant recipient's
8.13use of the award, and any other information
8.14the director deems relevant. By January 1,
8.152010, the office of justice programs shall
8.16submit the report to the chairs and ranking
8.17minority members of the senate and house
8.18committees and divisions having jurisdiction
8.19over criminal justice funding and policy.
8.20Crime Victims. $2,271,000 each year is to
8.21increase funding for victim services. Of this
8.22amount, 59% is for battered women shelters,
8.2317% is for domestic violence programs,
8.248% is for general crime victims, 11% is
8.25for sexual assault programs, and 5% is for
8.26abused children programs.
8.27COPS Grants. $1,000,000 each year is
8.28to hire new peace officers and for peace
8.29officer overtime pay under Minnesota
8.30Statutes, section 299A.62, subdivision 1,
8.31paragraph (b), clauses (1) and (2). The
8.32commissioner shall award the grants based
8.33on the procedures set forth under section
8.34299A.62. Of this amount, at least $250,000
8.35each year must be awarded to two cities in
9.1Hennepin county that are not cities of the
9.2first class and have the highest part 1 and
9.3part 2 crime rates per 100,000 inhabitants in
9.4the county as calculated by the latest bureau
9.5of criminal apprehension report. This is a
9.6onetime appropriation.
9.7Auto Theft Emergency Grant. $75,000
9.8each year is appropriated from the general
9.9fund to the commissioner of public safety
9.10to fund grants awarded under Minnesota
9.11Statutes, section 611A.675, subdivision 1,
9.12clause (6). This amount shall be added to the
9.13department's base budget.
9.14Youth Intervention Programs. $1,000,000
9.15each year is for youth intervention programs
9.16under Minnesota Statutes, section 299A.73.
9.17The commissioner shall use this money to
9.18make grants to help existing programs serve
9.19unmet needs in their communities and to
9.20fund new programs in underserved areas of
9.21the state. This appropriation is added to the
9.22base budget and is available until expended.
9.23Trafficking Legal Clinics. $150,000
9.24each year is appropriated from the general
9.25fund to the commissioner of public safety
9.26to distribute to the grantees described in
9.27Minnesota Statutes, section 299A.786. This
9.28is a onetime appropriation.
9.29Administration Costs. Up to 2.5 percent
9.30of the grant funds appropriated in this
9.31subdivision may be used to administer the
9.32grant program.
9.33
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Subd. 7.911 Emergency Services/ARMER
|
|
55,681,000
|
|
50,385,000
|
10.1This appropriation is from the state
10.2government special revenue fund for 911
10.3emergency telecommunications services.
10.4Public Safety Answering Points.
10.5$13,664,000 each year is to be distributed
10.6as provided in Minnesota Statutes, section
10.7403.113, subdivision 2.
10.8Medical Resource Communication
10.9Centers. $683,000 each year is for grants
10.10to the Minnesota Emergency Medical
10.11Services Regulatory Board for the Metro
10.12East and Metro West Medical Resource
10.13Communication Centers that were in
10.14operation before January 1, 2000.
10.15ARMER Debt Service. $6,149,000 the
10.16first year and $11,853,000 the second year
10.17are to the commissioner of finance to pay
10.18debt service on revenue bonds issued under
10.19Minnesota Statutes, section 403.275.
10.20Any portion of this appropriation not needed
10.21to pay debt service in a fiscal year may be
10.22used by the commissioner of public safety to
10.23pay cash for any of the capital improvements
10.24for which bond proceeds were appropriated
10.25by Laws 2005, chapter 136, article 1, section
10.269, subdivision 8; or in subdivision 8.
10.27The base for this appropriation is $17,557,000
10.28in fiscal year 2010 and $23,261,000 in fiscal
10.29year 2011.
10.30Metropolitan Council Debt Service.
10.31$1,410,000 each year is to the commissioner
10.32of finance for payment to the Metropolitan
10.33Council for debt service on bonds issued
10.34under Minnesota Statutes, section 403.27.
11.1ARMER Improvements. $1,000,000 each
11.2year is for the Statewide Radio Board to
11.3design, construct, maintain, and improve
11.4those elements of the statewide public
11.5safety radio and communication system
11.6that support mutual aid communications
11.7and emergency medical services or provide
11.8interim enhancement of public safety
11.9communication interoperability in those
11.10areas of the state where the statewide public
11.11safety radio and communication system is
11.12not yet implemented.
11.13ARMER Interoperability Planning.
11.14$323,000 each year is to provide funding
11.15to coordinate and plan for communication
11.16interoperability between public safety
11.17entities.
11.18ARMER State Backbone Operating Costs.
11.19$3,110,000 each year is to the commissioner
11.20of transportation for costs of maintaining and
11.21operating the first and third phases of the
11.22statewide radio system backbone. The base
11.23for this appropriation is $5,060,000 in fiscal
11.24year 2010 and $5,060,000 in fiscal year 2011
11.25to provide funding to operate one additional
11.26phase of the system.
11.27Zone Controller. $5,400,000 the first year
11.28is a onetime appropriation to upgrade zone
11.29controllers and network elements in phases
11.30one and two of the statewide radio system.
11.31Advance Project Development. $3,750,000
11.32the first year is a onetime appropriation for
11.33site acquisition and site development work
11.34for the remaining phases of the statewide
11.35radio system. This appropriation is available
12.1until June 30, 2010. This appropriation is to
12.2the commissioner of public safety for transfer
12.3to the commissioner of transportation.
12.4System Design. $1,850,000 the first year is a
12.5onetime appropriation to complete detailed
12.6design and planning of the remaining
12.7phases of the statewide radio system.
12.8The commissioner of public safety and
12.9the commissioner of transportation shall
12.10determine the scope of the study, after
12.11consulting with the Statewide Radio Board,
12.12the commissioner of administration, and the
12.13state chief information officer. The study
12.14must address the system design for the
12.15state backbone and implications for local
12.16coverage, how data can be integrated, and
12.17whether other public safety communication
12.18networks can be integrated with the state
12.19backbone. The study must estimate the
12.20full cost of completing the state backbone
12.21to specified standards, the cost of local
12.22subsystems, and the potential advantages
12.23of using a request for proposal approach
12.24to solicit private sector participation in the
12.25project. The study must include a financial
12.26analysis of whether the estimated revenue
12.27from increasing the 911 fee by up to 30
12.28cents will cover the estimated debt service
12.29of revenue bonds issued to finance the cost
12.30of completing the statewide radio system
12.31and a portion of the cost up to 50 percent
12.32for local subsystems. The study must also
12.33review the project organizational structure
12.34and governance.
12.35
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Subd. 8.ARMER Public Safety
|
|
|
|
186,000,000
|
13.1Radio and Communication System. The
13.2appropriations in this subdivision are from
13.3the 911 revenue bond proceeds account
13.4for the purposes indicated, to be available
13.5until the project is completed or abandoned,
13.6subject to Minnesota Statutes, section
13.716A.642.
13.8The appropriations are to the commissioner
13.9of public safety for transfer to the
13.10commissioner of transportation to construct
13.11the system backbone of the public safety
13.12radio and communication system plan under
13.13Minnesota Statutes, section 403.36.
13.14$62,000,000 of this appropriation is for
13.15the second year. $62,000,000 of this
13.16appropriation is available on or after July 1,
13.172009. $62,000,000 of this appropriation is
13.18available on or after July 1, 2010.
13.19The commissioner of public safety and the
13.20commissioner of transportation shall certify
13.21to the chairs of the house Public Safety
13.22Finance Division of the Finance Committee
13.23and the senate Public Safety Budget Division
13.24of the Finance Committee that the detailed
13.25design has been completed and that the
13.26financial analysis finds that sufficient revenue
13.27will be generated by proposed changes in the
13.28911 fee to cover all estimated debt service
13.29on revenue bonds proposed to be issued to
13.30complete the system before the appropriation
13.31is made available. The commissioner of
13.32finance shall not approve any fee increase
13.33under Minnesota Statutes, section 403.11,
13.34subdivision 1, paragraph (c), until this
13.35certification is made.
14.1Bond Sale Authorization. To provide the
14.2money appropriated in this subdivision,
14.3the commissioner of finance shall sell and
14.4issue bonds of the state in an amount up to
14.5$186,000,000 in the manner, upon the terms,
14.6and with the effect prescribed by Minnesota
14.7Statutes, section 403.275.
14.8
14.9
|
Sec. 11. PEACE OFFICER STANDARDS
AND TRAINING (POST) BOARD
|
$
|
4,287,000
|
$
|
4,260,000
|
14.10Excess Amounts Transferred. This
14.11appropriation is from the peace officer
14.12training account in the special revenue fund.
14.13Any new receipts credited to that account in
14.14the first year in excess of $4,287,000 must be
14.15transferred and credited to the general fund.
14.16Any new receipts credited to that account in
14.17the second year in excess of $4,260,000 must
14.18be transferred and credited to the general
14.19fund.
14.20Peace Officer Training Reimbursements.
14.21$2,909,000 the first year and $2,909,000 the
14.22second year are for reimbursements to local
14.23governments for peace officer training costs.
14.24No Contact Orders; Learning Objectives.
14.25$50,000 the first year is for: (1) revising and
14.26updating preservice courses and developing
14.27in-service training courses related to no
14.28contact orders in domestic violence cases
14.29and domestic violence dynamics, and (2)
14.30reimbursing peace officers who have taken
14.31training courses described in clause (1).
14.32At a minimum, the training must include
14.33instruction in the laws relating to no contact
14.34orders and address how to best coordinate
14.35law enforcement resources relating to no
14.36contact orders. In addition, the training
15.1must include a component to instruct peace
15.2officers on doing risk assessments of the
15.3escalating factors of lethality in domestic
15.4violence cases. The board must consult with
15.5a statewide domestic violence organization
15.6in developing training courses. The board
15.7shall utilize a request for proposal process in
15.8awarding training contracts. The recipient
15.9of the training contract must conduct these
15.10trainings with advocates or instructors from
15.11a statewide domestic violence organization.
15.12
15.13
|
Sec. 12. BOARD OF PRIVATE DETECTIVES
AND PROTECTIVE AGENT SERVICES
|
$
|
128,000
|
$
|
130,000
|
15.14
|
Sec. 13. HUMAN RIGHTS
|
$
|
4,955,000
|
$
|
3,670,000
|
15.15Management Information System.
15.16$1,403,000 the first year and $55,000 the
15.17second year are for the replacement of
15.18the department's tracking and compliance
15.19databases with a management information
15.20system.
15.21Evaluation. The human rights department
15.22shall conduct a survey that evaluates the
15.23outcome of complaints filed with the
15.24department and whether or not a charging
15.25party is satisfied with the outcome of a
15.26complaint and the process by which the
15.27complaint is reviewed and handled by the
15.28department. The department shall evaluate
15.29complaints for which a probable cause or
15.30no probable cause determination is made.
15.31The survey must seek to determine the
15.32reasons for any dissatisfaction and whether
15.33a party sought an appeal or reconsideration
15.34of a determination or decision. The survey
15.35shall evaluate complaints filed or resolved
16.1in the past two years. By January 15, 2008,
16.2the department shall summarize the survey
16.3findings and file a report with the chairs
16.4and ranking minority members of the house
16.5and senate committees having jurisdiction
16.6over criminal justice policy and funding
16.7that discusses the findings and any actions
16.8the department proposes to undertake in
16.9response to the findings.
16.10Inmate Complaints, Assaults, and
16.11Fatalities; Corrections Ombudsman;
16.12Working Group; Report. By August 1,
16.132007, the commissioner of human rights shall
16.14convene a working group to study how the
16.15state addresses inmate complaints, assaults,
16.16and deaths in county jails, workhouses,
16.17and prisons. The commissioner shall serve
16.18as chair of the working group and invite
16.19representatives from the department of
16.20corrections, legislature, the Minnesota
16.21sheriffs association, the Minnesota
16.22association of community corrections act
16.23counties, state bar association, criminal
16.24victims justice unit, state council on
16.25black Minnesotans, state Chicano/Latino
16.26affairs council, University of Minnesota
16.27Law School, immigration law center of
16.28Minnesota, and other interested parties
16.29to participate in the working group. The
16.30group must (1) assess how state and local
16.31units of government currently process and
16.32respond to inmate complaints, assaults,
16.33and deaths; (2) assess the effectiveness of
16.34the state's former corrections ombudsman
16.35program; (3) study other states' corrections
16.36ombudsmen; (4) study whether the state
17.1should conduct a fatality review process
17.2for inmates who die while in custody;
17.3and (5) make recommendations on how
17.4state and local units of government should
17.5systematically address inmate complaints,
17.6assaults, and deaths, including the need to
17.7re-appoint a corrections ombudsman. The
17.8commissioner shall file a report detailing the
17.9group's findings and recommendations with
17.10the chairs and ranking minority members
17.11of the house and senate committees having
17.12jurisdiction over criminal justice policy and
17.13funding by January 15, 2008.
17.14
|
Sec. 14. DEPARTMENT OF CORRECTIONS
|
|
|
|
|
17.15
|
Subdivision 1.Total Appropriation
|
$
|
462,524,000
|
$
|
482,302,000
|
17.16
|
Appropriations by Fund
|
17.17
|
|
2008
|
2009
|
17.18
|
General
|
461,634,000
|
481,412,000
|
17.19
|
Special Revenue
|
890,000
|
890,000
|
17.20The amounts that may be spent for each
17.21purpose are specified in the following
17.22subdivisions.
17.23
|
Subd. 2.Correctional Institutions
|
|
323,518,000
|
|
337,649,000
|
17.24
|
Appropriations by Fund
|
17.25
|
General
|
322,938,000
|
337,069,000
|
17.26
|
Special Revenue
|
580,000
|
580,000
|
17.27Contracts for Beds at Rush City. If the
17.28commissioner contracts with other states,
17.29local units of government, or the federal
17.30government to rent beds in the Rush City
17.31Correctional Facility, the commissioner shall
17.32charge a per diem under the contract, to the
17.33extent possible, that is equal to or greater
17.34than the per diem cost of housing Minnesota
17.35inmates in the facility.
18.1Notwithstanding any law to the contrary, the
18.2commissioner may use per diems collected
18.3under contracts for beds at MCF-Rush City
18.4to operate the state correctional system.
18.5Offender Reentry Services. $400,000
18.6each year is for increased funding for
18.7expansion of offender reentry services in the
18.8institutions and staffing for the Department
18.9of Corrections MCORP program.
18.10Health Services. $900,000 the first year and
18.11$1,300,000 the second year are for increases
18.12in health services.
18.13
|
Subd. 3.Community Services
|
|
121,482,000
|
|
126,899,000
|
18.14
|
Appropriations by Fund
|
18.15
|
General
|
121,382,000
|
126,799,000
|
18.16
|
Special Revenue
|
100,000
|
100,000
|
18.17ISR Agents, Challenge Incarceration
18.18Program. $600,000 the first year and
18.19$1,000,000 the second year are for intensive
18.20supervised release agents for the challenge
18.21incarceration program.
18.22ISR Agents, Conditional Release Program.
18.23$600,000 each year is for intensive supervised
18.24release agents for the conditional release
18.25program. This is a onetime appropriation.
18.26Interstate Compact. $225,000 each year is
18.27for increased costs based on changes made to
18.28the Interstate Compact for Adult Offender
18.29Supervision, Minnesota Statutes, section
18.30243.1605.
18.31Sex Offenders, Civil Commitment and
18.32Tracking. $350,000 each year is to fund a
18.33legal representative for civil commitments
18.34and to manage and track sex offenders.
19.1Probation Supervision, CCA System.
19.2$2,800,000 each year is added to the
19.3Community Corrections Act subsidy,
19.4Minnesota Statutes, section 401.14.
19.5Probation Supervision, CPO System.
19.6$600,000 each year is added to the county
19.7probation officers reimbursement base.
19.8Probation Supervision, DOC System.
19.9$600,000 each year is for the Department of
19.10Corrections probation and supervised release
19.11unit.
19.12Probation, Caseload Reduction.
19.13$1,964,000 the first year and $3,664,000
19.14the second year are for adult felon offender
19.15management to be distributed statewide by
19.16the Community Corrections Act formula.
19.17$200,000 the first year and $400,000 the
19.18second year are for juvenile offender
19.19management to be distributed statewide by
19.20the Community Corrections Act formula.
19.21These appropriations may be used for sex
19.22offender management.
19.23Sex Offender Treatment. $500,000 the first
19.24year and $1,000,000 the second year are to
19.25increase funding for providing treatment for
19.26sex offenders on community supervision.
19.27Sex Offender Management/Standards.
19.28$500,000 the first year and $1,000,000
19.29the second year are for research and
19.30evaluation of sex offender management
19.31(supervision, treatment, and polygraphs) and
19.32for developing and monitoring standards of
19.33supervision and treatment.
19.34Sex Offender Assessments. $75,000 each
19.35year is to increase funding to reimburse
20.1counties or their designees, or courts, for
20.2sex offender assessments under Minnesota
20.3Statutes, section 609.3457.
20.4Sentencing to Service. $600,000 each
20.5year is to increase funding for sentencing
20.6to service activities such as highway litter
20.7cleanup.
20.8Short-term Offenders. $2,500,000 each
20.9year is to increase funding for the costs
20.10associated with the housing and care of
20.11short-term offenders. The commissioner may
20.12use up to 20 percent of the total amount of the
20.13appropriation for inpatient medical care for
20.14short-term offenders. All funds remaining at
20.15the end of the fiscal year not expended for
20.16inpatient medical care must be added to and
20.17distributed with the housing funds. These
20.18funds must be distributed proportionately
20.19based on the total number of days short-term
20.20offenders are placed locally, not to exceed
20.21$70 per day.
20.22The department is exempt from the state
20.23contracting process for the purposes of
20.24paying short-term offender costs relating to
20.25Minnesota Statutes, section 609.105.
20.26Offender Reentry Service. $550,000 each
20.27year is for offender job-seeking services,
20.28evidence-based research, expansion of
20.29reentry services specific to juveniles,
20.30and funding to local units of government
20.31participating in MCORP to provide reentry
20.32programming to offenders.
20.33Offender Reentry Grant. $800,000 the first
20.34year and $1,700,000 the second year are for
20.35grants to the nonprofit organization selected
21.1to administer the five-year demonstration
21.2project for high-risk adults under section
21.3241.86.
21.4Employment Services for Ex-offenders.
21.5$200,000 each year is for grants to a nonprofit
21.6organization to establish a pilot project to
21.7provide employment services to ex-criminal
21.8offenders living in the North Minneapolis
21.9community as provided for in article 7,
21.10section 6. This is a onetime appropriation.
21.11Domestic Abuse Re-entry Grants.
21.12$250,000 each year is appropriated from
21.13the general fund to the commissioner of
21.14corrections for the grant authorized in article
21.157, section 5. This is a onetime appropriation.
21.16Re-entry; Productive Day. $150,000 each
21.17year is appropriated from the general fund
21.18to the commissioner of corrections for the
21.19fiscal biennium ending June 30, 2009. The
21.20commissioner shall distribute the money
21.21as a grant to the Arrowhead Regional
21.22Corrections Agency to expand the agency's
21.23productive day initiative program, as defined
21.24in Minnesota Statutes, section 241.275,
21.25to include juvenile offenders who are 16
21.26years of age and older. This is a onetime
21.27appropriation.
21.28Mentoring Grants; Incarcerated Parents.
21.29$200,000 each year is appropriated from
21.30the general fund to the commissioner of
21.31corrections for the grant authorized in
21.32Minnesota Statutes, section 299A.82. This is
21.33a onetime appropriation.
21.34
|
Subd. 4.Operations Support
|
|
17,524,000
|
|
17,754,000
|
22.1
|
Appropriations by Fund
|
22.2
|
General
|
17,314,000
|
17,544,000
|
22.3
|
Special Revenue
|
210,000
|
210,000
|
22.4
|
Sec. 15. SENTENCING GUIDELINES
|
$
|
660,000
|
$
|
600,000
|
22.5Effectiveness of Re-Entry Programs and
22.6Drug Courts; Study. The Sentencing
22.7Guidelines Commission, in consultation with
22.8the Commissioner of Corrections and the
22.9Supreme Court Administrator, shall study
22.10(1) the effectiveness of the offender re-entry
22.11funding and programs authorized in this act;
22.12and (2) the effectiveness of the additional
22.13drug courts funded in this act. The executive
22.14director of the commission shall file a report
22.15with the ranking members of the House and
22.16Senate committees with jurisdiction over
22.17public safety policy and funding by February
22.1815, 2009. The report must assess the impact
22.19this act's re-entry grants and programs and
22.20expanded drug court funding had on the
22.21recidivism rate of offenders who participated
22.22in (1) programs that received re-entry grants
22.23and/or (2) drug courts.
22.26 Section 1. Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to
22.27read:
22.28 Subd. 22.
Domestic abuse no contact order. (a) A domestic abuse no contact order
22.29is an order issued by a court against a defendant in a criminal proceeding for:
22.30 (1) domestic abuse;
22.31 (2) harassment or stalking charged under section 609.749 and committed against
22.32a family or household member;
22.33 (3) violation of an order for protection charged under subdivision 14; or
22.34 (4) violation of a prior domestic abuse no contact order charged under this
22.35subdivision.
23.1It includes pretrial orders before final disposition of the case and probationary orders
23.2after sentencing.
23.3 (b) A person who knows of the existence of a domestic abuse no contact order issued
23.4against the person and violates the order is guilty of a misdemeanor.
23.5 (c) A person is guilty of a gross misdemeanor who knowingly violates this
23.6subdivision within ten years of a previous qualified domestic violence-related offense
23.7conviction or adjudication of delinquency.
Upon a gross misdemeanor conviction under
23.8this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
23.9and must be ordered to participate in counseling or other appropriate programs selected
23.10by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
23.11must impose and execute the minimum sentence provided in this paragraph for gross
23.12misdemeanor convictions.
23.13 (d) A person is guilty of a felony and may be sentenced to imprisonment for not more
23.14than five years or to payment of a fine of not more than $10,000, or both, if the person
23.15knowingly violates this subdivision within ten years of the first of two or more previous
23.16qualified domestic violence-related offense convictions or adjudications of delinquency.
23.17Upon a felony conviction under this paragraph in which the court stays imposition or
23.18execution of sentence, the court shall impose at least a 30-day period of incarceration
23.19as a condition of probation. The court also shall order that the defendant participate in
23.20counseling or other appropriate programs selected by the court. Notwithstanding section
23.21609.135, the court must impose and execute the minimum sentence provided in this
23.22paragraph for felony convictions.
23.23 (d) (e) A peace officer shall arrest without a warrant and take into custody a person
23.24whom the peace officer has probable cause to believe has violated a domestic abuse no
23.25contact order, even if the violation of the order did not take place in the presence of the
23.26peace officer, if the existence of the order can be verified by the officer. The person shall
23.27be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
23.28unless the person is released earlier by a judge or judicial officer. A peace officer acting
23.29in good faith and exercising due care in making an arrest pursuant to this paragraph is
23.30immune from civil liability that might result from the officer's actions.
23.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
23.32committed on or after that date.
23.33 Sec. 2. Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
23.34 Subd. 16.
Qualified domestic violence-related offense. "Qualified domestic
23.35violence-related offense" includes
a violation of or an attempt to violate the following
24.1offenses: sections
518B.01, subdivision 14 (violation of domestic abuse order for
24.2protection);
518B.01, subdivision 22 (violation of domestic abuse no contact order);
24.3609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree
24.4assault);
609.222 (second-degree assault);
609.223 (third-degree assault);
609.2231
24.5(fourth-degree assault);
609.224 (fifth-degree assault);
609.2242 (domestic assault);
24.6609.2247
(domestic assault by strangulation);
609.342 (first-degree criminal sexual
24.7conduct);
609.343 (second-degree criminal sexual conduct);
609.344 (third-degree
24.8criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct);
609.377
24.9(malicious punishment of a child);
609.713 (terroristic threats);
609.748, subdivision 6
24.10(violation of harassment restraining order);
609.749 (harassment/stalking); and
609.78,
24.11subdivision 2 (interference with an emergency call); and similar laws of other states, the
24.12United States, the District of Columbia, tribal lands, and United States territories.
24.13EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
24.14committed on or after that date.
24.15 Sec. 3. Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to read:
24.16 Subd. 11.
Sexual contact. (a) "Sexual contact," for the purposes of sections
24.17609.343, subdivision 1
, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e),
24.18and (h) to
(m) (o), includes any of the following acts committed without the complainant's
24.19consent, except in those cases where consent is not a defense, and committed with sexual
24.20or aggressive intent:
24.21 (i) the intentional touching by the actor of the complainant's intimate parts, or
24.22 (ii) the touching by the complainant of the actor's, the complainant's, or another's
24.23intimate parts effected by a person in a position of authority, or by coercion, or by
24.24inducement if the complainant is under 13 years of age or mentally impaired, or
24.25 (iii) the touching by another of the complainant's intimate parts effected by coercion
24.26or by a person in a position of authority, or
24.27 (iv) in any of the cases above, the touching of the clothing covering the immediate
24.28area of the intimate parts.
24.29 (b) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (g)
24.30and (h), and
609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
24.31committed with sexual or aggressive intent:
24.32 (i) the intentional touching by the actor of the complainant's intimate parts;
24.33 (ii) the touching by the complainant of the actor's, the complainant's, or another's
24.34intimate parts;
24.35 (iii) the touching by another of the complainant's intimate parts; or
25.1 (iv) in any of the cases listed above, touching of the clothing covering the immediate
25.2area of the intimate parts.
25.3 (c) "Sexual contact with a person under 13" means the intentional touching of the
25.4complainant's bare genitals or anal opening by the actor's bare genitals or anal opening
25.5with sexual or aggressive intent or the touching by the complainant's bare genitals or anal
25.6opening of the actor's or another's bare genitals or anal opening with sexual or aggressive
25.7intent.
25.8EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
25.9committed on or after that date.
25.10 Sec. 4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
25.11 Subdivision 1.
Crime defined. A person who engages in sexual penetration with
25.12another person is guilty of criminal sexual conduct in the third degree if any of the
25.13following circumstances exists:
25.14 (a) the complainant is under 13 years of age and the actor is no more than 36 months
25.15older than the complainant. Neither mistake as to the complainant's age nor consent to the
25.16act by the complainant shall be a defense;
25.17 (b) the complainant is at least 13 but less than 16 years of age and the actor is more
25.18than 24 months older than the complainant. In any such case
if the actor is no more
25.19than 120 months older than the complainant, it shall be an affirmative defense, which
25.20must be proved by a preponderance of the evidence, that the actor
reasonably believes
25.21the complainant to be 16 years of age or older.
In all other cases, mistake as to the
25.22complainant's age shall not be a defense. If the actor in such a case is no more than 48
25.23months but more than 24 months older than the complainant, the actor may be sentenced
25.24to imprisonment for not more than five years. Consent by the complainant is not a defense;
25.25 (c) the actor uses force or coercion to accomplish the penetration;
25.26 (d) the actor knows or has reason to know that the complainant is mentally impaired,
25.27mentally incapacitated, or physically helpless;
25.28 (e) the complainant is at least 16 but less than 18 years of age and the actor is
25.29more than 48 months older than the complainant and in a position of authority over the
25.30complainant. Neither mistake as to the complainant's age nor consent to the act by the
25.31complainant is a defense;
25.32 (f) the actor has a significant relationship to the complainant and the complainant
25.33was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
25.34mistake as to the complainant's age nor consent to the act by the complainant is a defense;
26.1 (g) the actor has a significant relationship to the complainant, the complainant was at
26.2least 16 but under 18 years of age at the time of the sexual penetration, and:
26.3 (i) the actor or an accomplice used force or coercion to accomplish the penetration;
26.4 (ii) the complainant suffered personal injury; or
26.5 (iii) the sexual abuse involved multiple acts committed over an extended period of
26.6time.
26.7 Neither mistake as to the complainant's age nor consent to the act by the complainant
26.8is a defense;
26.9 (h) the actor is a psychotherapist and the complainant is a patient of the
26.10psychotherapist and the sexual penetration occurred:
26.11 (i) during the psychotherapy session; or
26.12 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
26.13relationship exists.
26.14 Consent by the complainant is not a defense;
26.15 (i) the actor is a psychotherapist and the complainant is a former patient of the
26.16psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
26.17 (j) the actor is a psychotherapist and the complainant is a patient or former patient
26.18and the sexual penetration occurred by means of therapeutic deception. Consent by the
26.19complainant is not a defense;
26.20 (k) the actor accomplishes the sexual penetration by means of deception or false
26.21representation that the penetration is for a bona fide medical purpose. Consent by the
26.22complainant is not a defense;
26.23 (1) the actor is or purports to be a member of the clergy, the complainant is not
26.24married to the actor, and:
26.25 (i) the sexual penetration occurred during the course of a meeting in which the
26.26complainant sought or received religious or spiritual advice, aid, or comfort from the
26.27actor in private; or
26.28 (ii) the sexual penetration occurred during a period of time in which the complainant
26.29was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
26.30advice, aid, or comfort in private. Consent by the complainant is not a defense;
26.31 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
26.32city, or privately operated adult or juvenile correctional system, including, but not limited
26.33to, jails, prisons, detention centers, or work release facilities, and the complainant is
26.34a resident of a facility or under supervision of the correctional system. Consent by the
26.35complainant is not a defense;
or
27.1 (n) the actor provides or is an agent of an entity that provides special transportation
27.2service, the complainant used the special transportation service, and the sexual penetration
27.3occurred during or immediately before or after the actor transported the complainant.
27.4Consent by the complainant is not a defense
.; or
27.5 (o) the actor performs massage or other bodywork for hire, the complainant was a
27.6user of one of those services, and nonconsensual sexual penetration occurred during or
27.7immediately before or after the actor performed or was hired to perform one of those
27.8services for the complainant.
27.9EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
27.10committed on or after that date.
27.11 Sec. 5. Minnesota Statutes 2006, section 609.345, subdivision 1, is amended to read:
27.12 Subdivision 1.
Crime defined. A person who engages in sexual contact with
27.13another person is guilty of criminal sexual conduct in the fourth degree if any of the
27.14following circumstances exists:
27.15 (a) the complainant is under 13 years of age and the actor is no more than 36 months
27.16older than the complainant. Neither mistake as to the complainant's age or consent to the
27.17act by the complainant is a defense. In a prosecution under this clause, the state is not
27.18required to prove that the sexual contact was coerced;
27.19 (b) the complainant is at least 13 but less than 16 years of age and the actor is
27.20more than 48 months older than the complainant or in a position of authority over
27.21the complainant. Consent by the complainant to the act is not a defense. In any such
27.22case,
if the actor is no more than 120 months older than the complainant, it shall be an
27.23affirmative defense which must be proved by a preponderance of the evidence that the
27.24actor
reasonably believes the complainant to be 16 years of age or older
. In all other cases,
27.25mistake as to the complainant's age shall not be a defense;
27.26 (c) the actor uses force or coercion to accomplish the sexual contact;
27.27 (d) the actor knows or has reason to know that the complainant is mentally impaired,
27.28mentally incapacitated, or physically helpless;
27.29 (e) the complainant is at least 16 but less than 18 years of age and the actor is
27.30more than 48 months older than the complainant and in a position of authority over the
27.31complainant. Neither mistake as to the complainant's age nor consent to the act by the
27.32complainant is a defense;
27.33 (f) the actor has a significant relationship to the complainant and the complainant
27.34was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
27.35as to the complainant's age nor consent to the act by the complainant is a defense;
28.1 (g) the actor has a significant relationship to the complainant, the complainant was at
28.2least 16 but under 18 years of age at the time of the sexual contact, and:
28.3 (i) the actor or an accomplice used force or coercion to accomplish the contact;
28.4 (ii) the complainant suffered personal injury; or
28.5 (iii) the sexual abuse involved multiple acts committed over an extended period of
28.6time.
28.7 Neither mistake as to the complainant's age nor consent to the act by the complainant
28.8is a defense;
28.9 (h) the actor is a psychotherapist and the complainant is a patient of the
28.10psychotherapist and the sexual contact occurred:
28.11 (i) during the psychotherapy session; or
28.12 (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
28.13relationship exists. Consent by the complainant is not a defense;
28.14 (i) the actor is a psychotherapist and the complainant is a former patient of the
28.15psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
28.16 (j) the actor is a psychotherapist and the complainant is a patient or former patient
28.17and the sexual contact occurred by means of therapeutic deception. Consent by the
28.18complainant is not a defense;
28.19 (k) the actor accomplishes the sexual contact by means of deception or false
28.20representation that the contact is for a bona fide medical purpose. Consent by the
28.21complainant is not a defense;
28.22 (1) the actor is or purports to be a member of the clergy, the complainant is not
28.23married to the actor, and:
28.24 (i) the sexual contact occurred during the course of a meeting in which the
28.25complainant sought or received religious or spiritual advice, aid, or comfort from the
28.26actor in private; or
28.27 (ii) the sexual contact occurred during a period of time in which the complainant
28.28was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
28.29advice, aid, or comfort in private. Consent by the complainant is not a defense;
28.30 (m) the actor is an employee, independent contractor, or volunteer of a state, county,
28.31city, or privately operated adult or juvenile correctional system, including, but not limited
28.32to, jails, prisons, detention centers, or work release facilities, and the complainant is
28.33a resident of a facility or under supervision of the correctional system. Consent by the
28.34complainant is not a defense;
or
28.35 (n) the actor provides or is an agent of an entity that provides special transportation
28.36service, the complainant used the special transportation service, the complainant is not
29.1married to the actor, and the sexual contact occurred during or immediately before or after
29.2the actor transported the complainant. Consent by the complainant is not a defense
.; or
29.3 (o) the actor performs massage or other bodywork for hire, the complainant was
29.4a user of one of those services, and nonconsensual sexual contact occurred during or
29.5immediately before or after the actor performed or was hired to perform one of those
29.6services for the complainant.
29.7EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
29.8committed on or after that date.
29.9 Sec. 6. Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to read:
29.10 Subd. 3.
Felony. A person is guilty of a felony and may be sentenced to
29.11imprisonment for not more than five years or to payment of a fine of not more than $10,000,
29.12or both, if the person violates
subdivision 1, clause (2) this section, after having been
29.13previously convicted of or adjudicated delinquent for violating
subdivision 1, clause (2)
29.14this section; sections 609.342 to 609.345; section 609.3453; section
617.23, subdivision 2,
29.15clause (1);
section 617.247; or a statute from another state in conformity
with subdivision
29.161, clause (2), or section
617.23, subdivision 2, clause (1) with one of these statutes.
29.17EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
29.18committed on or after that date.
29.19 Sec. 7. Minnesota Statutes 2006, section 609.3455, subdivision 4, is amended to read:
29.20 Subd. 4.
Mandatory life sentence; repeat offenders. (a) Notwithstanding the
29.21statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
29.22person to imprisonment for life if the person is convicted of violating section
609.342,
29.23609.343
,
609.344,
609.345, or
609.3453 and:
29.24 (1) the person has two previous sex offense convictions;
29.25 (2) the person has a previous sex offense conviction and:
29.26 (i) the factfinder determines that the present offense involved an aggravating factor
29.27that would provide grounds for an upward durational departure under the sentencing
29.28guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
29.29convictions;
29.30 (ii) the person received an upward durational departure from the sentencing
29.31guidelines for the previous sex offense conviction; or
29.32 (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
29.33609.108
, for the previous sex offense conviction; or
29.34 (3) the person has two prior sex offense convictions, and the factfinder determines
29.35that the prior convictions and present offense involved at least three separate victims, and:
30.1 (i) the factfinder determines that the present offense involved an aggravating factor
30.2that would provide grounds for an upward durational departure under the sentencing
30.3guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
30.4convictions;
30.5 (ii) the person received an upward durational departure from the sentencing
30.6guidelines for one of the prior sex offense convictions; or
30.7 (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
30.8609.108
, for one of the prior sex offense convictions.
30.9 (b) Notwithstanding paragraph (a), a court may not sentence a person to
30.10imprisonment for life for a violation of section
609.345, unless
at least one of the person's
30.11previous or prior sex offense convictions that are being used as the basis for the sentence
30.12are for violations of section
609.342,
609.343,
609.344, or
609.3453, or any similar statute
30.13of the United States, this state, or any other state.
30.14EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
30.15committed on or after that date.
30.16 Sec. 8. Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision
30.17to read:
30.18 Subd. 9. Applicability. The provisions of this section do not affect the applicability
30.19of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
30.20or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
30.21EFFECTIVE DATE.This section is effective the day following final enactment.
30.22 Sec. 9. Minnesota Statutes 2006, section 609.352, is amended to read:
30.23609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL
30.24CONDUCT.
30.25 Subdivision 1.
Definitions. As used in this section:
30.26 (a) "child" means a person 15 years of age or younger;
30.27 (b) "sexual conduct" means sexual contact of the individual's primary genital area,
30.28sexual penetration as defined in section
609.341, or sexual performance as defined in
30.29section
617.246;
and
30.30 (c) "solicit" means commanding, entreating, or attempting to persuade a specific
30.31person in person, by telephone, by letter, or by computerized or other electronic means
.;
30.32and
30.33 (d) "sexually explicit" means any communication, language, or material, including a
30.34photographic or video image, that relates to or describes sexual conduct.
31.1 Subd. 2.
Prohibited act. A person 18 years of age or older who solicits a child or
31.2someone the person reasonably believes is a child to engage in sexual conduct with intent
31.3to engage in sexual conduct is guilty of a felony
and may be sentenced to imprisonment
31.4for not more than three years, or to payment of a fine of not more than $5,000, or both.
31.5 Subd. 2a. Internet or computer solicitation of children. A person 18 years of age
31.6or older who uses the Internet or a computer, computer program, computer network, or
31.7computer system to communicate with a child or someone the person reasonably believes
31.8is a child, with the intent to arouse or gratify the sexual desire of any person, is guilty of a
31.9felony if any of the following circumstances exist:
31.10 (a) the actor solicits a child or someone the actor reasonably believes is a child to
31.11engage in sexual conduct;
31.12 (b) the actor communicates in a sexually explicit manner with a child or someone
31.13the actor reasonably believes is a child; or
31.14 (c) the actor distributes sexually explicit material to a child or someone the actor
31.15reasonably believes is a child.
31.16 Subd. 2b. Jurisdiction. A person may be convicted of an offense under subdivision
31.172a if the transmission that constitutes the offense either originates within this state or is
31.18received within this state.
31.19 Subd. 3.
Defenses. (a) Mistake as to age is not a defense to a prosecution under
31.20this section subdivision 2.
Mistake as to age is an affirmative defense to a prosecution
31.21under subdivision 2a.
31.22 (b) The fact that an undercover operative or law enforcement officer was involved
31.23in the detection or investigation of an offense under this section does not constitute a
31.24defense to a prosecution under this section.
31.25 Subd. 4. Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony
31.26and may be sentenced to imprisonment for not more than three years, or to payment of
31.27a fine of not more than $5,000, or both.
31.28EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
31.29committed on or after that date.
31.30 Sec. 10. Minnesota Statutes 2006, section 609.505, subdivision 2, is amended to read:
31.31 Subd. 2.
Reporting police misconduct. (a) Whoever informs, or causes information
31.32to be communicated to, a peace officer, whose responsibilities include investigating or
31.33reporting police misconduct,
or other person working under the authority of a chief law
31.34enforcement officer, whose responsibilities include investigating or reporting police
32.1misconduct, that a peace officer, as defined in section
626.84, subdivision 1, paragraph (c),
32.2has committed an act of police misconduct, knowing that the information is false, is guilty
32.3of a crime and may be sentenced as follows:
32.4 (1) up to the maximum provided for a misdemeanor if the false information does not
32.5allege a criminal act; or
32.6 (2) up to the maximum provided for a gross misdemeanor if the false information
32.7alleges a criminal act.
32.8 (b) The court shall order any person convicted of a violation of this subdivision
32.9to make full restitution of all reasonable expenses incurred in the investigation of the
32.10false allegation unless the court makes a specific written finding that restitution would be
32.11inappropriate under the circumstances. A restitution award may not exceed $3,000.
32.12EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
32.13committed on or after that date.
32.14 Sec. 11. Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:
32.15 Subd. 3.
Sentence. Whoever commits theft may be sentenced as follows:
32.16 (1) to imprisonment for not more than 20 years or to payment of a fine of not more
32.17than $100,000, or both, if the property is a firearm, or the value of the property or services
32.18stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
32.19(3), (4), (15), or (16); or
32.20 (2) to imprisonment for not more than ten years or to payment of a fine of not more
32.21than $20,000, or both, if the value of the property or services stolen exceeds
$2,500
32.22$5,000, or if the property stolen was an article representing a trade secret, an explosive or
32.23incendiary device, or a controlled substance listed in schedule I or II pursuant to section
32.24152.02
with the exception of marijuana; or
32.25 (3) to imprisonment for not more than five years or to payment of a fine of not
32.26more than $10,000, or both, if:
32.27 (a) the value of the property or services stolen is more than
$500 $1,000 but not
32.28more than
$2,500 $5,000; or
32.29 (b) the property stolen was a controlled substance listed in schedule III, IV, or V
32.30pursuant to section
152.02; or
32.31 (c) the value of the property or services stolen is more than
$250 $500 but not more
32.32than
$500 $1,000 and the person has been convicted within the preceding five years for an
32.33offense under this section, section
256.98;
268.182;
609.24;
609.245;
609.53;
609.582,
32.34subdivision 1
, 2, or 3;
609.625;
609.63;
609.631; or
609.821, or a statute from another
32.35state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
33.1and the person received a felony or gross misdemeanor sentence for the offense, or a
33.2sentence that was stayed under section
609.135 if the offense to which a plea was entered
33.3would allow imposition of a felony or gross misdemeanor sentence; or
33.4 (d) the value of the property or services stolen is not more than
$500 $1,000, and
33.5any of the following circumstances exist:
33.6 (i) the property is taken from the person of another or from a corpse, or grave or
33.7coffin containing a corpse; or
33.8 (ii) the property is a record of a court or officer, or a writing, instrument or record
33.9kept, filed or deposited according to law with or in the keeping of any public officer or
33.10office; or
33.11 (iii) the property is taken from a burning, abandoned, or vacant building or upon its
33.12removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
33.13or the proximity of battle; or
33.14 (iv) the property consists of public funds belonging to the state or to any political
33.15subdivision or agency thereof; or
33.16 (v) the property stolen is a motor vehicle; or
33.17 (4) to imprisonment for not more than one year or to payment of a fine of not more
33.18than $3,000, or both, if the value of the property or services stolen is more than
$250 $500
33.19but not more than
$500 $1,000; or
33.20 (5) in all other cases where the value of the property or services stolen is
$250
33.21$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not
33.22more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
33.23clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
33.24by the defendant in violation of any one or more of the above provisions within any
33.25six-month period may be aggregated and the defendant charged accordingly in applying
33.26the provisions of this subdivision; provided that when two or more offenses are committed
33.27by the same person in two or more counties, the accused may be prosecuted in any county
33.28in which one of the offenses was committed for all of the offenses aggregated under
33.29this paragraph.
33.30 Sec. 12. Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:
33.31 Subd. 2a.
Penalties. (a) A person who is convicted of issuing a dishonored check
33.32under subdivision 2 may be sentenced as follows:
33.33 (1) to imprisonment for not more than five years or to payment of a fine of not more
33.34than $10,000, or both, if the value of the dishonored check, or checks aggregated under
33.35paragraph (b), is more than
$500 $1,000;
34.1 (2) to imprisonment for not more than one year or to payment of a fine of not more
34.2than $3,000, or both, if the value of the dishonored check, or checks aggregated under
34.3paragraph (b), is more than
$250 $500 but not more than
$500 $1,000; or
34.4 (3) to imprisonment for not more than 90 days or to payment of a fine of not more
34.5than $1,000, or both, if the value of the dishonored check, or checks aggregated under
34.6paragraph (b), is not more than
$250 $500.
34.7 (b) In a prosecution under this subdivision, the value of dishonored checks issued
34.8by the defendant in violation of this subdivision within any six-month period may be
34.9aggregated and the defendant charged accordingly in applying this section. When two or
34.10more offenses are committed by the same person in two or more counties, the accused
34.11may be prosecuted in any county in which one of the dishonored checks was issued for all
34.12of the offenses aggregated under this paragraph.
34.13 Sec. 13. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
34.14to read:
34.15 Subd. 5. Government building. "Government building" means a building that
34.16is owned, leased, controlled, or operated by a governmental entity for a governmental
34.17purpose.
34.18EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
34.19committed on or after that date.
34.20 Sec. 14. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
34.21to read:
34.22 Subd. 6. Religious establishment. "Religious establishment" means a building
34.23used for worship services by a religious organization and clearly identified as such by a
34.24posted sign or other means.
34.25EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
34.26committed on or after that date.
34.27 Sec. 15. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
34.28to read:
34.29 Subd. 7. School building. "School building" means a public or private preschool,
34.30elementary school, middle school, secondary school, or postsecondary school building.
34.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
34.32committed on or after that date.
34.33 Sec. 16. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
34.34to read:
35.1 Subd. 8. Historic property. "Historic property" means any property identified
35.2as a historic site or historic place by sections 138.661 to 138.664 and clearly identified
35.3as such by a posted sign or other means.
35.4EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
35.5committed on or after that date.
35.6 Sec. 17. Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:
35.7 Subd. 2.
Burglary in the second degree. (a) Whoever enters a building without
35.8consent and with intent to commit a crime, or enters a building without consent and
35.9commits a crime while in the building, either directly or as an accomplice, commits
35.10burglary in the second degree and may be sentenced to imprisonment for not more than
35.11ten years or to payment of a fine of not more than $20,000, or both, if:
35.12 (a) (1) the building is a dwelling;
35.13 (b) (2) the portion of the building entered contains a banking business or other
35.14business of receiving securities or other valuable papers for deposit or safekeeping and
35.15the entry is with force or threat of force;
35.16 (c) (3) the portion of the building entered contains a pharmacy or other lawful
35.17business or practice in which controlled substances are routinely held or stored, and the
35.18entry is forcible; or
35.19 (d) (4) when entering or while in the building, the burglar possesses a tool to gain
35.20access to money or property.
35.21 (b) Whoever enters a government building, religious establishment, historic property,
35.22or school building without consent and with intent to commit a crime under section 609.52
35.23or 609.595, or enters a government building, religious establishment, historic property, or
35.24school building without consent and commits a crime under section 609.52 or 609.595
35.25while in the building, either directly or as an accomplice, commits burglary in the second
35.26degree and may be sentenced to imprisonment for not more than ten years or to payment
35.27of a fine of not more than $20,000, or both.
35.28EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
35.29committed on or after that date.
35.30 Sec. 18.
[609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR
35.31TELECOMMUNICATIONS EQUIPMENT.
35.32 Subdivision 1. Crime. Whoever intentionally and without consent from one
35.33authorized to give consent causes any damage or takes, removes, severs, or breaks:
36.1 (1) any line erected or maintained for the purpose of transmitting electricity for
36.2light, heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected
36.3therewith, any wire, cable, or current thereof;
36.4 (2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained
36.5for the purpose of transporting, conveying, or distributing gas or other hazardous liquids
36.6for light, heat, power, or any other purpose, or any part thereof, or any valve, meter,
36.7holder, compressor, machinery, appurtenance, equipment, or apparatus connected with any
36.8such main or pipeline; or
36.9 (3) any machinery, equipment, and fixtures used in receiving, initiating,
36.10amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring
36.11telecommunications services, such as computers, transformers, amplifiers, routers,
36.12repeaters, multiplexers, and other items performing comparable functions; and machinery,
36.13equipment, and fixtures used in the transportation of telecommunications services,
36.14radio transmitters and receivers, satellite equipment, microwave equipment, and other
36.15transporting media including wire, cable, fiber, poles, and conduit;
36.16is guilty of a crime and may be sentenced as provided in subdivision 2.
36.17 Subd. 2. Penalty. Whoever violates subdivision 1 is guilty of a felony and may
36.18be sentenced to imprisonment for not more than five years or to payment of a fine of
36.19not more than $10,000, or both.
36.20 Sec. 19.
[609.5935] TAMPERING WITH GAS AND ELECTRICAL LINES.
36.21 Whoever intentionally and without claim of right, takes, removes, breaks, or severs,
36.22a line or any part connected to a line that is used for supplying or transporting gas or
36.23electricity without the consent of one authorized to give consent and in a manner that
36.24creates a substantial risk of death or bodily harm or serious property damage is guilty of a
36.25felony and may be sentenced to imprisonment for not more than 20 years or to payment of
36.26a fine of not more than $100,000, or both.
36.27EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
36.28committed on or after that date.
36.29 Sec. 20. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
36.30 Subdivision 1.
Criminal damage to property in the first degree. Whoever
36.31intentionally causes damage to physical property of another without the latter's consent
36.32may be sentenced to imprisonment for not more than five years or to payment of a fine of
36.33not more than $10,000, or both, if:
36.34 (1) the damage to the property caused a reasonably foreseeable risk of bodily
36.35harm; or
37.1 (2) the property damaged belongs to a common carrier and the damage impairs the
37.2service to the public rendered by the carrier; or
37.3 (3) the damage reduces the value of the property by more than
$500 $1,000 measured
37.4by the cost of repair and replacement; or
37.5 (4) the damage reduces the value of the property by more than
$250 $500 measured
37.6by the cost of repair and replacement and the defendant has been convicted within the
37.7preceding three years of an offense under this subdivision or subdivision 2.
37.8 In any prosecution under clause (3), the value of any property damaged by the
37.9defendant in violation of that clause within any six-month period may be aggregated and
37.10the defendant charged accordingly in applying the provisions of this section; provided that
37.11when two or more offenses are committed by the same person in two or more counties, the
37.12accused may be prosecuted in any county in which one of the offenses was committed for
37.13all of the offenses aggregated under this paragraph.
37.14 Sec. 21. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
37.15 Subd. 2.
Criminal damage to property in the third degree. (a) Except as
37.16otherwise provided in subdivision 1a, whoever intentionally causes damage to another
37.17person's physical property without the other person's consent may be sentenced to
37.18imprisonment for not more than one year or to payment of a fine of not more than $3,000,
37.19or both, if the damage reduces the value of the property by more than
$250 $500 but not
37.20more than
$500 $1,000 as measured by the cost of repair and replacement.
37.21 (b) Whoever intentionally causes damage to another person's physical property
37.22without the other person's consent because of the property owner's or another's actual or
37.23perceived race, color, religion, sex, sexual orientation, disability as defined in section
37.24363A.03
, age, or national origin may be sentenced to imprisonment for not more than one
37.25year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
37.26value of the property by not more than
$250 $500.
37.27 (c) In any prosecution under paragraph (a), the value of property damaged by the
37.28defendant in violation of that paragraph within any six-month period may be aggregated
37.29and the defendant charged accordingly in applying this section. When two or more
37.30offenses are committed by the same person in two or more counties, the accused may
37.31be prosecuted in any county in which one of the offenses was committed for all of the
37.32offenses aggregated under this paragraph.
37.33 Sec. 22. Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:
37.34 Subdivision 1.
Definition. For the purposes of this section, the following terms have
37.35the meanings given them in this subdivision.
37.36 (a) "Harassment" includes:
38.1 (1) a single incident of physical or sexual assault or repeated incidents of intrusive or
38.2unwanted acts, words, or gestures that have a substantial adverse effect or are intended to
38.3have a substantial adverse effect on the safety, security, or privacy of another, regardless
38.4of the relationship between the actor and the intended target;
38.5 (2) targeted residential picketing;
and
38.6 (3) a pattern of attending public events after being notified that the actor's presence
38.7at the event is harassing to another
.; and
38.8 (4) a single incident of posing as another person or persons through the use of the
38.9Internet or a computer, computer program, computer network, or computer system,
38.10without express authorization in order to harass or defame another person or persons.
38.11 (b) "Respondent" includes any adults or juveniles alleged to have engaged in
38.12harassment or organizations alleged to have sponsored or promoted harassment.
38.13 (c) "Targeted residential picketing" includes the following acts when committed on
38.14more than one occasion:
38.15 (1) marching, standing, or patrolling by one or more persons directed solely at a
38.16particular residential building in a manner that adversely affects the safety, security, or
38.17privacy of an occupant of the building; or
38.18 (2) marching, standing, or patrolling by one or more persons which prevents an
38.19occupant of a residential building from gaining access to or exiting from the property on
38.20which the residential building is located.
38.21EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
38.22committed on or after that date.
38.23 Sec. 23. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
38.24 Subd. 5.
Restraining order. (a) The court may grant a restraining order ordering
38.25the respondent to cease or avoid the harassment of another person or to have no contact
38.26with that person if all of the following occur:
38.27 (1) the petitioner has filed a petition under subdivision 3;
38.28 (2) the sheriff has served respondent with a copy of the temporary restraining order
38.29obtained under subdivision 4, and with notice of the right to request a hearing, or service
38.30has been made by publication under subdivision 3, paragraph (b); and
38.31 (3) the court finds at the hearing that there are reasonable grounds to believe that
38.32the respondent has engaged in harassment.
38.33Except as provided in paragraph (c), a restraining order may be issued only against the
38.34respondent named in the petition;
except that and if the respondent is an organization, the
38.35order may be issued against and apply to all of the members of the organization. Relief
39.1granted by the restraining order must be for a fixed period of not more than two years.
39.2When a referee presides at the hearing on the petition, the restraining order becomes
39.3effective upon the referee's signature.
39.4 (b) An order issued under this subdivision must be personally served upon the
39.5respondent.
39.6 (c) If the harassment involves communication through the use of the Internet or
39.7a computer, computer program, computer network, or computer system, a restraining
39.8order may also be issued against private computer networks, including Internet service
39.9providers or computer bulletin board systems, that are publishing harassing information.
39.10A restraining order issued under this paragraph may direct the respondent or a private
39.11computer network to remove or correct the harassing information. A restraining order
39.12issued under this paragraph may be served by mail upon any private computer network
39.13affected.
39.14EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
39.15committed on or after that date.
39.16 Sec. 24.
REPEALER.
39.17Minnesota Statutes 2006, section 609.805, is repealed.
39.18EFFECTIVE DATE.This section is effective July 1, 2007.
39.20DWI AND DRIVING RELATED PROVISIONS
39.21 Section 1. Minnesota Statutes 2006, section 169A.275, is amended by adding a
39.22subdivision to read:
39.23 Subd. 7. Exception. (a) A judge is not required to sentence a person as provided
39.24in this section if the judge requires the person as a condition of probation to drive only
39.25motor vehicles equipped with an ignition interlock device meeting the standards described
39.26in section 171.306.
39.27 (b) This subdivision expires July 1, 2009.
39.28EFFECTIVE DATE.This section is effective July 1, 2007, and applies to crimes
39.29committed on or after that date.
39.30 Sec. 2. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
39.31 Subd. 7.
Requirements for conducting tests; liability. (a) Only a physician,
39.32medical technician, emergency medical technician-paramedic, registered nurse, medical
39.33technologist, medical laboratory technician,
phlebotomist, or laboratory assistant acting
39.34at the request of a peace officer may withdraw blood for the purpose of determining the
40.1presence of alcohol, a controlled substance or its metabolite, or a hazardous substance.
40.2This limitation does not apply to the taking of a breath or urine sample.
40.3 (b) The person tested has the right to have someone of the person's own choosing
40.4administer a chemical test or tests in addition to any administered at the direction of a
40.5peace officer; provided, that the additional test sample on behalf of the person is obtained
40.6at the place where the person is in custody, after the test administered at the direction of a
40.7peace officer, and at no expense to the state. The failure or inability to obtain an additional
40.8test or tests by a person does not preclude the admission in evidence of the test taken at
40.9the direction of a peace officer unless the additional test was prevented or denied by the
40.10peace officer.
40.11 (c) The physician, medical technician, emergency medical technician-paramedic,
40.12medical technologist, medical laboratory technician, laboratory assistant,
phlebotomist,
40.13or registered nurse drawing blood at the request of a peace officer for the purpose of
40.14determining the concentration of alcohol, a controlled substance or its metabolite, or a
40.15hazardous substance is in no manner liable in any civil or criminal action except for
40.16negligence in drawing the blood. The person administering a breath test must be fully
40.17trained in the administration of breath tests pursuant to training given by the commissioner
40.18of public safety.
40.19EFFECTIVE DATE.This section is effective the day following final enactment
40.20and applies to crimes committed on or after that date.
40.21 Sec. 3. Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
40.22to read:
40.23 Subd. 9. Driving record disclosure to law enforcement. The commissioner
40.24shall also furnish driving records, without charge, to chiefs of police, county sheriffs,
40.25prosecuting attorneys, and other law enforcement agencies with the power to arrest.
40.26EFFECTIVE DATE.This section is effective July 1, 2007.
40.27 Sec. 4.
[171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
40.28 Subdivision 1. Pilot project established; reports. The commissioner shall
40.29conduct a two-year ignition interlock device pilot project as provided in this section. The
40.30commissioner shall select one metropolitan county and one rural county to participate
40.31in the pilot project. The pilot project must begin on July 1, 2007, and continue until
40.32June 30, 2009. The commissioner shall submit two preliminary reports by February 1,
40.332008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs
40.34and ranking minority members of the senate and house of representatives committees
40.35having jurisdiction over criminal justice policy and funding. The reports must evaluate the
41.1successes and failures of the pilot project, provide information on participation rates, and
41.2make recommendations on continuing the project.
41.3 Subd. 2. Performance standards; certification. The commissioner shall determine
41.4appropriate performance standards and a certification process for ignition interlock
41.5devices for the pilot project. Only devices certified by the commissioner as meeting the
41.6performance standards may be used in the pilot project.
41.7 Subd. 3. Pilot project components. (a) Under the pilot project, the commissioner
41.8shall issue a driver's license to an individual whose driver's license has been revoked
41.9under chapter 169A for a repeat impaired driving incident if the person qualifies under this
41.10section and agrees to all of the conditions of the project.
41.11 (b) The commissioner must flag the person's driver's license record to indicate the
41.12person's participation in the program. The license must authorize the person to drive only
41.13vehicles having functioning ignition interlock devices conforming with the requirements
41.14of subdivision 2.
41.15 (c) Notwithstanding any statute or rule to the contrary, the commissioner has
41.16authority to and shall determine the appropriate period for which a person participating in
41.17the ignition interlock pilot program shall be subject to this program, and when the person
41.18is eligible to be issued:
41.19 (1) a limited driver's license subject to the ignition interlock restriction;
41.20 (2) full driving privileges subject to the ignition interlock restriction; and
41.21 (3) a driver's license without an ignition interlock restriction.
41.22 (d) A person participating in this pilot project shall agree to participate in any
41.23treatment recommended by a chemical use assessment.
41.24 (e) The commissioner shall determine guidelines for participation in the project.
41.25A person participating in the project shall sign a written agreement accepting these
41.26guidelines and agreeing to comply with them.
41.27 (f) It is a misdemeanor for a person who is licensed under this section for driving a
41.28vehicle equipped with an ignition interlock device:
41.29 (1) to start or attempt to start, or to operate or attempt to operate, the vehicle while
41.30the person has any amount of alcohol in the person's body; or
41.31 (2) to drive, operate or be in physical control of a motor vehicle other than a vehicle
41.32properly equipped with an ignition interlock device.
41.33EFFECTIVE DATE.This section is effective the day following final enactment.
41.34 Sec. 5. Minnesota Statutes 2006, section 171.55, is amended to read:
41.35171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
42.1 The commissioner shall give the same effect for driver licensing purposes to conduct
42.2reported from a licensing authority or court in another state
or province or territory
42.3of Canada that the commissioner would give to conduct reported from a court or other
42.4agency of this state, whether or not the other state
or province or territory of Canada is a
42.5party to the Driver License Compact in section
171.50. The conduct to be given effect by
42.6the commissioner includes a report of conviction for an offense enumerated in section
42.7171.50
, article IV, or an offense described in sections
171.17 and
171.18.
42.8EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
42.9committed on or after that date.
42.10 Sec. 6. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
42.11 Subdivision 1.
Criminal vehicular homicide operation; crime described. A
42.12person is guilty of criminal vehicular
homicide resulting in death and may be sentenced to
42.13imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
42.14or both operation and may be sentenced as provided in subdivision 1a, if the person causes
42.15injury to or the death of
a human being not constituting murder or manslaughter another
42.16as a result of operating a motor vehicle:
42.17 (1) in a grossly negligent manner;
42.18 (2) in a negligent manner while under the influence of:
42.19 (i) alcohol;
42.20 (ii) a controlled substance; or
42.21 (iii) any combination of those elements;
42.22 (3) while having an alcohol concentration of 0.08 or more;
42.23 (4) while having an alcohol concentration of 0.08 or more, as measured within
42.24two hours of the time of driving;
42.25 (5) in a negligent manner while knowingly under the influence of a hazardous
42.26substance;
42.27 (6) in a negligent manner while any amount of a controlled substance listed in
42.28schedule I or II,
or its metabolite, other than marijuana or tetrahydrocannabinols, is
42.29present in the person's body;
or
42.30 (7) where the driver who causes the accident leaves the scene of the accident in
42.31violation of section
169.09, subdivision 1 or 6
. ; or
42.32 (8) where the driver had actual knowledge that the motor vehicle was defectively
42.33maintained and the injury or death was caused by the defective maintenance.
42.34EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
42.35committed on or after that date.
43.1 Sec. 7. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
43.2to read:
43.3 Subd. 1a. Criminal penalties. (a) A person who violates subdivision 1 and causes
43.4the death of a human being not constituting murder or manslaughter or the death of an
43.5unborn child may be sentenced to imprisonment for not more than ten years or to payment
43.6of a fine of not more than $20,000, or both.
43.7 (b) A person who violates subdivision 1 and causes great bodily harm to another not
43.8constituting attempted murder or assault or great bodily harm to an unborn child who is
43.9subsequently born alive may be sentenced to imprisonment for not more than five years or
43.10to payment of a fine of not more than $10,000, or both.
43.11 (c) A person who violates subdivision 1 and causes substantial bodily harm to
43.12another may be sentenced to imprisonment for not more than three years or to payment of
43.13a fine of not more than $10,000, or both.
43.14 (d) A person who violates subdivision 1 and causes bodily harm to another may be
43.15sentenced to imprisonment for not more than one year or to payment of a fine of not
43.16more than $3,000, or both.
43.17EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
43.18committed on or after that date.
43.19 Sec. 8. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
43.20to read:
43.21 Subd. 1b. Conviction not bar to punishment for other crimes. A prosecution
43.22for or a conviction of a crime under this section relating to causing death or injury to an
43.23unborn child is not a bar to conviction of or punishment for any other crime committed by
43.24the defendant as part of the same conduct.
43.25EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
43.26committed on or after that date.
43.27 Sec. 9. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
43.28 Subd. 4a.
Affirmative defense. It shall be an affirmative defense to a charge under
43.29subdivision 1, clause (6)
; 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4,
43.30clause (6), that the defendant used the controlled substance according to the terms of a
43.31prescription issued for the defendant in accordance with sections
152.11 and
152.12.
43.32EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
43.33committed on or after that date.
43.34 Sec. 10. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
44.1 Subd. 5.
Definitions. For purposes of this section, the terms defined in this
44.2subdivision have the meanings given them.
44.3 (a) "Motor vehicle" has the meaning given in section
609.52, subdivision 1, and
44.4includes attached trailers.
44.5 (b) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
44.6 (c) "Hazardous substance" means any chemical or chemical compound that is listed
44.7as a hazardous substance in rules adopted under chapter 182.
44.8EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
44.9committed on or after that date.
44.10 Sec. 11. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
44.11 Subdivision 1.
Certificates of analysis; blood sample reports; chain of custody.
44.12 (a) In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
44.13pursuant to section
169A.53, subdivision 3, the following documents shall be admissible
44.14in evidence:
44.15 (a) (1) a report of the facts and results of any laboratory analysis or examination if it
44.16is prepared and attested by the person performing the laboratory analysis or examination
44.17in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the
44.18bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau
44.19of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol,
44.20Tobacco and Firearms, or the federal Drug Enforcement Administration;
44.21 (b) (2) a report of a blood sample withdrawn under the implied consent law if:
44.22 (i) The report was prepared by the person who administered the test;
44.23 (ii) The person who withdrew the blood sample was competent to administer the test
44.24under section
169A.51, subdivision 7; and
44.25 (iii) The report was prepared consistent with any applicable rules promulgated
44.26by the commissioner of public safety; and
44.27 (c) (3) a verified chain of custody of a specimen while under the control of a
44.28laboratory described in clause
(a) (1).
44.29 (b) A report described in
paragraph (a), clause
(a) (1), purported to be signed by the
44.30person performing the analysis or examination in a laboratory named in that clause, or a
44.31blood sample report described in
paragraph (a), clause
(b) (2), purported to be signed by
44.32the person who withdrew the blood sample shall be admissible as evidence without proof
44.33of the seal, signature or official character of the person whose name is signed to it. The
44.34signature in
paragraph (a), clause
(a) (1) or
(b) (2), can be written or in electronic format.
45.1 (c) At least 20 days before trial, the prosecutor shall submit to the accused person or
45.2the accused person's attorney notice of the contents of a report described in paragraph (a)
45.3and of the requirements of subdivision 2.
45.4EFFECTIVE DATE.This section is effective the day following final enactment.
45.5 Sec. 12. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
45.6 Subd. 2.
Testimony at trial. (a) Except in civil proceedings, including proceedings
45.7under section
169A.53, an accused person or the accused person's attorney may request,
45.8by notifying the prosecuting attorney at least ten days before the trial, that the following
45.9persons testify in person at the trial on behalf of the state:
45.10 (a) (1) a person who performed the laboratory analysis or examination for the report
45.11described in subdivision 1,
paragraph (a), clause
(a) (1); or
45.12 (b) (2) a person who prepared the blood sample report described in subdivision
45.131,
paragraph (a), clause
(b) (2).
45.14 If a petitioner in a proceeding under section
169A.53 subpoenas a person described
45.15in
paragraph (a) clause (1) or
(b) (2), to testify at the proceeding, the petitioner is not
45.16required to pay the person witness fees under section
357.22 in excess of $100.
45.17 (b) If the accused person or the accused person's attorney does not comply with
45.18the ten-day requirement described in paragraph (a), the prosecutor is not required to
45.19produce the person who performed the analysis or examination or prepared the report.
45.20In this case, the accused person's right to confront that witness is waived and the report
45.21shall be admitted into evidence.
45.22EFFECTIVE DATE.This section is effective the day following final enactment.
45.23 Sec. 13.
REVISOR'S INSTRUCTION.
45.24 (a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
45.25subdivision 2, the revisor of statutes shall change the references in column A to the
45.26references in column B.
45.27
|
|
Column A
|
Column B
|
45.28
|
|
609.21, subdivision 1
|
609.21, subdivision 1a, paragraph (a)
|
45.29
|
|
609.21, subdivision 2
|
609.21, subdivision 1a, paragraph (b)
|
45.30
|
|
609.21, subdivision 2a
|
609.21, subdivision 1a, paragraph (c)
|
45.31
|
|
609.21, subdivision 2b
|
609.21, subdivision 1a, paragraph (d)
|
45.32
|
|
609.21, subdivision 4
|
609.21, subdivision 1a, paragraph (b)
|
45.33 (b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall
45.34replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a
45.35reference to Minnesota Statutes, section 609.21, subdivision 1b.
46.1 (c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the
46.2reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to
46.3Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
46.4 (d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota
46.5Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references
46.6to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a,
46.7clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and
46.8subdivision 4, clauses (2) to (6).
46.9EFFECTIVE DATE.This section is effective August 1, 2007.
46.10 Sec. 14.
REPEALER.
46.11 Subdivision 1. Verify auto insurance. Minnesota Statutes 2006, section 169.796,
46.12subdivision 3, is repealed.
46.13 Subd. 2. Suspension of mailed demands. Laws 2005, First Special Session chapter
46.146, article 3, section 91, is repealed.
46.15 Subd. 3. Criminal vehicular operation. Minnesota Statutes 2006, section 609.21,
46.16subdivisions 2, 2a, 2b, 3, and 4, are repealed.
46.17EFFECTIVE DATE.Subdivisions 1 and 2 are effective the day following final
46.18enactment. Subdivision 3 is effective August 1, 2007.
46.21 Section 1.
[299A.786] LEGAL ADVOCACY TRAFFICKING VICTIMS; GRANT.
46.22 (a) The commissioner of public safety shall award a grant for ten weekly
46.23international trafficking screening clinics that are staffed by attorneys from a nonprofit
46.24organization that provides free legal, medical, dental, mental health, shelter, and vocational
46.25counseling services and English language classes to trafficking victims in the state.
46.26 (b) The grant applicant shall prepare and submit to the commissioner of public
46.27safety a written grant proposal detailing the screening clinic free services, including
46.28components of the services offered.
46.29EFFECTIVE DATE.This section is effective July 1, 2007.
46.30 Sec. 2.
[504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
46.31TERMINATE LEASE.
46.32 Subdivision 1. Right to terminate; procedure. A tenant to a residential lease who
46.33is a victim of domestic abuse and fears imminent domestic abuse against the tenant or the
46.34tenant's children by remaining in the leased premises may terminate a lease agreement
47.1without penalty or liability, except as provided by this section, by providing written notice
47.2to the landlord stating that the tenant fears imminent domestic abuse and indicating
47.3the specific date the tenant intends to vacate the premises. The written notice must be
47.4delivered by mail, fax, or in person, and be accompanied by one of the following:
47.5 (1) an order for protection under chapter 518B; or
47.6 (2) a no contact order, currently in effect, issued under section 518B.01, subdivision
47.722, or chapter 609.
47.8 Subd. 2. Confidentiality of information. Information provided to the landlord by
47.9the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the
47.10landlord as confidential. The information may not be entered into any shared database
47.11or provided to any entity except when required for use in an eviction proceeding, upon
47.12the consent of the victim, or as otherwise required by law.
47.13 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant terminating a
47.14lease pursuant to subdivision 1 is responsible for one month's rent following the vacation
47.15of the premises and is relieved of any contractual obligation for payment of rent or any
47.16other charges for the remaining term of the lease.
47.17 (b) This section does not affect a tenant's liability for delinquent, unpaid rent or
47.18other sums owed to the landlord before the lease was terminated by the tenant under this
47.19section. The return or retention of the security deposit is subject to the provisions of
47.20section 504B.178.
47.21 (c) The tenancy terminates, including the right of possession of the premises, when
47.22the tenant surrenders the keys to the premises to the landlord. The one month's rent is due
47.23and payable on or before the date the tenant vacates the premises, as indicated in their
47.24written notice pursuant to subdivision 1. For purposes of this section, the provisions of
47.25section 504B.178 commence upon the first day of the month following either:
47.26 (1) the date the tenant vacates the premises; or
47.27 (2) the date the tenant pays the one month's rent, whichever occurs first.
47.28 (d) The provisions of this subdivision do not apply until written notice meeting the
47.29requirements of subdivision 1 is delivered to the landlord.
47.30 Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
47.31agreement under this section, if there are any remaining tenants residing in the premises
47.32the tenancy shall continue for those remaining tenants. A perpetrator who has been
47.33excluded from the premises under court order remains liable under the lease with any
47.34other tenant of the premises for rent or damage to the premises.
48.1 Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
48.2may not require the residential tenant to waive, the resident tenant's rights under this
48.3section.
48.4 Subd. 6. Definition. For purposes of this section, "domestic abuse" has the meaning
48.5given in section 518B.01, subdivision 2.
48.6EFFECTIVE DATE.This section is effective July 1, 2007.
48.7 Sec. 3. Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to read:
48.8 Subd. 6a.
Subsequent orders and extensions. (a) Upon application, notice to
48.9all parties, and hearing, the court may extend the relief granted in an existing order for
48.10protection or, if a petitioner's order for protection is no longer in effect when an application
48.11for subsequent relief is made, grant a new order. The court may extend the terms of an
48.12existing order or, if an order is no longer in effect, grant a new order upon a showing that:
48.13 (1) the respondent has violated a prior or existing order for protection;
48.14 (2) the petitioner is reasonably in fear of physical harm from the respondent;
48.15 (3) the respondent has engaged in acts of harassment or stalking within the meaning
48.16of section
609.749, subdivision 2; or
48.17 (4) the respondent is incarcerated and about to be released, or has recently been
48.18released from incarceration.
48.19 A petitioner does not need to show that physical harm is imminent to obtain an
48.20extension or a subsequent order under this subdivision.
48.21 (b) If the court extends relief in an existing order for protection or grants a new
48.22order, the court may order the respondent to provide the following information to the
48.23court for purposes of service of process: the respondent's home address, the respondent's
48.24employment address, and the names and locations of the respondent's parents, siblings,
48.25children, or other close relatives.
48.26EFFECTIVE DATE.This section is effective July 1, 2007.
48.27 Sec. 4. Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
48.28 Subdivision 1.
Competency of witnesses. Every person of sufficient understanding,
48.29including a party, may testify in any action or proceeding, civil or criminal, in court or
48.30before any person who has authority to receive evidence, except as provided in this
48.31subdivision:
48.32 (a) A husband cannot be examined for or against his wife without her consent, nor a
48.33wife for or against her husband without his consent, nor can either, during the marriage or
48.34afterwards, without the consent of the other, be examined as to any communication made
49.1by one to the other during the marriage. This exception does not apply to a civil action or
49.2proceeding by one against the other, nor to a criminal action or proceeding for a crime
49.3committed by one against the other or against a child of either or against a child under the
49.4care of either spouse, nor to a criminal action or proceeding in which one is charged with
49.5homicide or an attempt to commit homicide and the date of the marriage of the defendant
49.6is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
49.7neglect, dependency, or termination of parental rights.
49.8 (b) An attorney cannot, without the consent of the attorney's client, be examined as
49.9to any communication made by the client to the attorney or the attorney's advice given
49.10thereon in the course of professional duty; nor can any employee of the attorney be
49.11examined as to the communication or advice, without the client's consent.
49.12 (c) A member of the clergy or other minister of any religion shall not, without the
49.13consent of the party making the confession, be allowed to disclose a confession made to
49.14the member of the clergy or other minister in a professional character, in the course of
49.15discipline enjoined by the rules or practice of the religious body to which the member of
49.16the clergy or other minister belongs; nor shall a member of the clergy or other minister of
49.17any religion be examined as to any communication made to the member of the clergy or
49.18other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
49.19given thereon in the course of the member of the clergy's or other minister's professional
49.20character, without the consent of the person.
49.21 (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
49.22consent of the patient, be allowed to disclose any information or any opinion based thereon
49.23which the professional acquired in attending the patient in a professional capacity, and
49.24which was necessary to enable the professional to act in that capacity; after the decease
49.25of the patient, in an action to recover insurance benefits, where the insurance has been
49.26in existence two years or more, the beneficiaries shall be deemed to be the personal
49.27representatives of the deceased person for the purpose of waiving this privilege, and no
49.28oral or written waiver of the privilege shall have any binding force or effect except when
49.29made upon the trial or examination where the evidence is offered or received.
49.30 (e) A public officer shall not be allowed to disclose communications made to the
49.31officer in official confidence when the public interest would suffer by the disclosure.
49.32 (f) Persons of unsound mind and persons intoxicated at the time of their production
49.33for examination are not competent witnesses if they lack capacity to remember or to relate
49.34truthfully facts respecting which they are examined.
49.35 (g) A registered nurse, psychologist, consulting psychologist, or licensed social
49.36worker engaged in a psychological or social assessment or treatment of an individual
50.1at the individual's request shall not, without the consent of the professional's client, be
50.2allowed to disclose any information or opinion based thereon which the professional has
50.3acquired in attending the client in a professional capacity, and which was necessary to
50.4enable the professional to act in that capacity. Nothing in this clause exempts licensed
50.5social workers from compliance with the provisions of sections
626.556 and
626.557.
50.6 (h) An interpreter for a person disabled in communication shall not, without the
50.7consent of the person, be allowed to disclose any communication if the communication
50.8would, if the interpreter were not present, be privileged. For purposes of this section, a
50.9"person disabled in communication" means a person who, because of a hearing, speech
50.10or other communication disorder, or because of the inability to speak or comprehend the
50.11English language, is unable to understand the proceedings in which the person is required
50.12to participate. The presence of an interpreter as an aid to communication does not destroy
50.13an otherwise existing privilege.
50.14 (i) Licensed chemical dependency counselors shall not disclose information or
50.15an opinion based on the information which they acquire from persons consulting them
50.16in their professional capacities, and which was necessary to enable them to act in that
50.17capacity, except that they may do so:
50.18 (1) when informed consent has been obtained in writing, except in those
50.19circumstances in which not to do so would violate the law or would result in clear and
50.20imminent danger to the client or others;
50.21 (2) when the communications reveal the contemplation or ongoing commission
50.22of a crime; or
50.23 (3) when the consulting person waives the privilege by bringing suit or filing charges
50.24against the licensed professional whom that person consulted.
50.25 (j) A parent or the parent's minor child may not be examined as to any communication
50.26made in confidence by the minor to the minor's parent. A communication is confidential if
50.27made out of the presence of persons not members of the child's immediate family living
50.28in the same household. This exception may be waived by express consent to disclosure
50.29by a parent entitled to claim the privilege or by the child who made the communication
50.30or by failure of the child or parent to object when the contents of a communication are
50.31demanded. This exception does not apply to a civil action or proceeding by one spouse
50.32against the other or by a parent or child against the other, nor to a proceeding to commit
50.33either the child or parent to whom the communication was made or to place the person or
50.34property or either under the control of another because of an alleged mental or physical
50.35condition, nor to a criminal action or proceeding in which the parent is charged with a
50.36crime committed against the person or property of the communicating child, the parent's
51.1spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
51.2with a crime or act of delinquency committed against the person or property of a parent
51.3or a child of a parent, nor to an action or proceeding for termination of parental rights,
51.4nor any other action or proceeding on a petition alleging child abuse, child neglect,
51.5abandonment or nonsupport by a parent.
51.6 (k) Sexual assault counselors may not be
compelled to testify about allowed to
51.7disclose any opinion or information received from or about the victim without the consent
51.8of the victim. However, a counselor may be compelled to identify or disclose information
51.9in investigations or proceedings related to neglect or termination of parental rights if the
51.10court determines good cause exists. In determining whether to compel disclosure, the
51.11court shall weigh the public interest and need for disclosure against the effect on the
51.12victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing
51.13in this clause exempts sexual assault counselors from compliance with the provisions
51.14of sections
626.556 and
626.557.
51.15 "Sexual assault counselor" for the purpose of this section means a person who has
51.16undergone at least 40 hours of crisis counseling training and works under the direction
51.17of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
51.18or assistance to victims of sexual assault.
51.19 (l) A person cannot be examined as to any communication or document, including
51.20worknotes, made or used in the course of or because of mediation pursuant to an
51.21agreement to mediate. This does not apply to the parties in the dispute in an application
51.22to a court by a party to have a mediated settlement agreement set aside or reformed.
51.23A communication or document otherwise not privileged does not become privileged
51.24because of this paragraph. This paragraph is not intended to limit the privilege accorded
51.25to communication during mediation by the common law.
51.26 (m) A child under ten years of age is a competent witness unless the court finds that
51.27the child lacks the capacity to remember or to relate truthfully facts respecting which the
51.28child is examined. A child describing any act or event may use language appropriate for
51.29a child of that age.
51.30 (n) A communication assistant for a telecommunications relay system for
51.31communication-impaired persons shall not, without the consent of the person making the
51.32communication, be allowed to disclose communications made to the communication
51.33assistant for the purpose of relaying.
51.34EFFECTIVE DATE.This section is effective July 1, 2007.
51.35 Sec. 5. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
52.1 Subd. 5.
Restraining order. (a) The court may grant a restraining order ordering
52.2the respondent to cease or avoid the harassment of another person or to have no contact
52.3with that person if all of the following occur:
52.4 (1) the petitioner has filed a petition under subdivision 3;
52.5 (2) the sheriff has served respondent with a copy of the temporary restraining order
52.6obtained under subdivision 4, and with notice of the right to request a hearing, or service
52.7has been made by publication under subdivision 3, paragraph (b); and
52.8 (3) the court finds at the hearing that there are reasonable grounds to believe that
52.9the respondent has engaged in harassment.
52.10A restraining order may be issued only against the respondent named in the petition;
52.11except that if the respondent is an organization, the order may be issued against and apply
52.12to all of the members of the organization. Relief granted by the restraining order must be
52.13for a fixed period of not more than two years. When a referee presides at the hearing on
52.14the petition, the restraining order becomes effective upon the referee's signature.
52.15 If the petitioner has had one or more restraining orders in effect against the
52.16respondent, the court may order the respondent to provide the following information to the
52.17court for purposes of service of process: the respondent's home address, the respondent's
52.18employment address, and the names and locations of the respondent's parents, siblings,
52.19children, or other close relatives.
52.20 (b) An order issued under this subdivision must be personally served upon the
52.21respondent.
If personal service cannot be made, the court may order service by alternate
52.22means, or by publication, which publication must be made as in other actions. The
52.23application for alternate service must include the last known location of the respondent;
52.24the petitioner's most recent contacts with the respondent; the last known location of the
52.25respondent's employment; the names and locations of the respondent's parents, siblings,
52.26children, and other close relatives; the names and locations of other persons who are likely
52.27to know the respondent's whereabouts; and a description of efforts to locate those persons.
52.28The court shall consider the length of time the respondent's location has been unknown,
52.29the likelihood that the respondent's location will become known, the nature of the relief
52.30sought, and the nature of efforts made to locate the respondent. The court shall order
52.31service by first class mail, forwarding address requested, to any addresses where there is a
52.32reasonable possibility that mail or information will be forwarded or communicated to the
52.33respondent. The court may also order publication, within or without the state, but only if it
52.34might reasonably succeed in notifying the respondent of the proceeding. Service shall be
52.35deemed complete 14 days after mailing or 14 days after court-ordered publication.
52.36EFFECTIVE DATE.This section is effective July 1, 2007.
53.1 Sec. 6. Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:
53.2 Subd. 2.
Victim's spouse or next of kin. An employer must allow a victim of a
53.3heinous violent crime, as well as the victim's spouse or next of kin, reasonable time off
53.4from work to attend criminal proceedings related to the victim's case.
53.5EFFECTIVE DATE.This section is effective July 1, 2007.
53.6 Sec. 7. Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
53.7 Subd. 7.
Definition. As used in this section,
"heinous crime" "violent crime" means
53.8a violation or attempt to violate any of the following:
section 609.185; 609.19; 609.195;
53.9609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2241; 609.2242;
53.10609.2245; 609.2247; 609.228; 609.23; 609.231; 609.2325; 609.233; 609.235; 609.24;
53.11609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665;
53.12609.267; 609.2671; 609.2672; 609.268; 609.282; 609.342; 609.343; 609.344; 609.345;
53.13609.3451; 609.3453; 609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582,
53.14subdivision 1, paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
53.15 (1) a violation or attempted violation of section
609.185 or
609.19;
53.16 (2) a violation of section
609.195 or
609.221; or
53.17 (3) a violation of section
609.342,
609.343, or
609.344, if the offense was committed
53.18with force or violence or if the complainant was a minor at the time of the offense.
53.19EFFECTIVE DATE.This section is effective July 1, 2007.
53.20 Sec. 8.
[611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL
53.21CONDUCT COMPLAINTS; LIMITATIONS.
53.22 Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor
53.23shall require that a complainant of a criminal sexual conduct offense submit to a polygraph
53.24examination as part of or a condition to proceeding with the investigation, charging,
53.25or prosecution of such offense.
53.26 Subd. 2. Law enforcement inquiry. A law enforcement agency or prosecutor may
53.27not ask that a complainant of a criminal sexual conduct offense submit to a polygraph
53.28examination as part of the investigation, charging, or prosecution of such offense unless
53.29the complainant has been referred to, and had the opportunity to exercise the option of
53.30consulting with a sexual assault counselor as defined in section 595.02, subdivision 1,
53.31paragraph (k).
53.32 Subd. 3. Informed consent requirement. At the request of the complainant, a law
53.33enforcement agency may conduct a polygraph examination of the complainant only with
53.34the complainant's written, informed consent as provided in subdivision 3.
54.1 Subd. 4. Informed consent. To consent to a polygraph, a complainant must be
54.2informed in writing that:
54.3 (1) the taking of the polygraph examination is voluntary and solely at the victim's
54.4request;
54.5 (2) a law enforcement agency or prosecutor may not ask or require that the
54.6complainant submit to a polygraph examination;
54.7 (3) the results of the examination are not admissible in court; and
54.8 (4) the complainant's refusal to take a polygraph examination may not be used
54.9as a basis by the law enforcement agency or prosecutor not to investigate, charge, or
54.10prosecute the offender.
54.11 Subd. 5. Polygraph refusal. A complainant's refusal to submit to a polygraph
54.12examination shall not prevent the investigation, charging, or prosecution of the offense.
54.13 Subd. 6. Definitions. For the purposes of this section, the following terms have
54.14the meanings given.
54.15 (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
54.16609.344, 609.345, or 609.3451.
54.17 (b) "Complainant" means a person reporting to have been subjected to criminal
54.18sexual conduct.
54.19 (c) "Polygraph examination" means any mechanical or electrical instrument or
54.20device of any type used or allegedly used to examine, test, or question individuals for
54.21the purpose of determining truthfulness.
54.22EFFECTIVE DATE.This section is effective July 1, 2008.
54.23 Sec. 9. Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:
54.24 Subdivision 1.
Grants authorized. The
Crime Victim and Witness Advisory
54.25Council commissioner of public safety shall make grants to prosecutors and victim
54.26assistance programs for the purpose of providing emergency assistance to victims. As
54.27used in this section, "emergency assistance" includes but is not limited to:
54.28 (1) replacement of necessary property that was lost, damaged, or stolen as a result
54.29of the crime;
54.30 (2) purchase and installation of necessary home security devices;
54.31 (3) transportation to locations related to the victim's needs as a victim, such as
54.32medical facilities and facilities of the criminal justice system;
54.33 (4) cleanup of the crime scene;
and
55.1 (5) reimbursement for reasonable travel and living expenses the victim incurred to
55.2attend court proceedings that were held at a location other than the place where the crime
55.3occurred due to a change of venue
; and
55.4 (6) reimbursement of towing and storage fees incurred due to impoundment of a
55.5recovered stolen vehicle.
55.6EFFECTIVE DATE.This section is effective July 1, 2007.
55.7 Sec. 10. Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:
55.8 Subd. 2.
Application for grants. (a) A city or county attorney's office or victim
55.9assistance program may apply to the
council commissioner of public safety for a grant
55.10for any of the purposes described in subdivision 1 or for any other emergency assistance
55.11purpose approved by the
council commissioner. The application must be on forms and
55.12pursuant to procedures developed by the
council commissioner. The application must
55.13describe the type or types of intended emergency assistance, estimate the amount of
55.14money required, and include any other information deemed necessary by the
council
55.15commissioner.
55.16 (b) A city or county attorney's office or victim assistance program that applies for a
55.17grant for the purpose described in subdivision 1, clause (6), must make the application
55.18on a separate form and pursuant to procedures developed by the commissioner. The
55.19application must estimate the amount of money required for reimbursement costs, estimate
55.20the amount of money required for administrative costs, and include any other information
55.21deemed necessary by the commissioner. An applicant may not spend in any fiscal year
55.22more than five percent of the grant awarded for administrative costs.
55.23EFFECTIVE DATE.This section is effective July 1, 2007.
55.24 Sec. 11. Minnesota Statutes 2006, section 611A.675, is amended by adding a
55.25subdivision to read:
55.26 Subd. 2a. Awards; limitations. (a) No award may be granted under subdivision
55.271, clause (6), to a victim that fails to provide proof of insurance stating that security
55.28had been provided for the vehicle at the time the vehicle was stolen. As used in this
55.29paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision
55.301, paragraph (g).
55.31 (b) An award paid to a victim under subdivision 1, clause (6), shall compensate the
55.32victim for actual costs incurred but shall not exceed $300.
55.33EFFECTIVE DATE.This section is effective July 1, 2007.
55.34 Sec. 12. Minnesota Statutes 2006, section 611A.675, subdivision 3, is amended to read:
56.1 Subd. 3.
Reporting by local agencies required. A city or county attorney's office
56.2or victim assistance program that receives a grant under this section shall file an annual
56.3report with the
council commissioner of public safety itemizing the expenditures made
56.4during the preceding year, the purpose of those expenditures, and the ultimate disposition,
56.5if any, of each assisted victim's criminal case.
56.6EFFECTIVE DATE.This section is effective July 1, 2007.
56.7 Sec. 13. Minnesota Statutes 2006, section 611A.675, subdivision 4, is amended to read:
56.8 Subd. 4.
Report to legislature. On or before February 1, 1999, the council shall
56.9report to the chairs of the senate Crime Prevention and house of representatives Judiciary
56.10Committees on the implementation, use, and administration of the grant program created
56.11under this section. By February 1, 2008, the commissioner of public safety shall report to
56.12the chairs and ranking members of the senate and house committees and divisions having
56.13jurisdiction over criminal justice policy and funding on the implementation, use, and
56.14administration of the grant programs created under this section.
56.15EFFECTIVE DATE.This section is effective July 1, 2007.
56.16 Sec. 14.
PHOTOGRAPH AND NO CONTACT ORDERS.
56.17 The state court administrator shall convene a multidisciplinary implementation work
56.18group to study the attachment of photographs to criminal no contact orders and report their
56.19recommendations to the appropriate committees of the house of representatives and senate
56.20in charge of criminal justice policy by June 30, 2008.
56.21EFFECTIVE DATE.This section is effective the day following final enactment.
56.23COURTS AND PUBLIC DEFENDERS
56.24 Section 1. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
56.25 Subdivision 1.
Description. Effective July 1, 1959, the state is divided into ten
56.26judicial districts composed of the following named counties, respectively, in each of which
56.27districts judges shall be chosen as hereinafter specified:
56.28 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley;
33 36 judges;
56.29and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
56.30Glencoe and one other shall be maintained at the place designated by the chief judge
56.31of the district;
56.32 2. Ramsey; 26 judges;
57.1 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
57.2Mower, and Fillmore;
23 24 judges; and permanent chambers shall be maintained in
57.3Faribault, Albert Lea, Austin, Rochester, and Winona;
57.4 4. Hennepin; 60 judges;
57.5 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
57.6Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
57.7permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
57.8and Mankato;
57.9 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
57.10 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
57.11and Wadena; 27 judges; and permanent chambers shall be maintained in Moorhead,
57.12Fergus Falls, Little Falls, and St. Cloud;
57.13 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
57.14Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
57.15chambers shall be maintained in Morris, Montevideo, and Willmar;
57.16 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
57.17Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
57.18Koochiching;
22 23 judges; and permanent chambers shall be maintained in Crookston,
57.19Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
57.20 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;
43
57.21 44 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
57.22places designated by the chief judge of the district.
57.23EFFECTIVE DATE.This section is effective January 1, 2008.
57.24 Sec. 2. Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
57.25 Subdivision 1.
Definitions. As used in this section and section
3.736 the terms
57.26defined in this section have the meanings given them.
57.27 (1) "State" includes each of the departments, boards, agencies, commissions, courts,
57.28and officers in the executive, legislative, and judicial branches of the state of Minnesota
57.29and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
57.30Higher Education, the Higher Education Facilities Authority, the Health Technology
57.31Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
57.32Range Resources and Rehabilitation Board, the State Agricultural Society, the University
57.33of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
57.34penal institutions. It does not include a city, town, county, school district, or other local
57.35governmental body corporate and politic.
58.1 (2) "Employee of the state" means all present or former officers, members, directors,
58.2or employees of the state, members of the Minnesota National Guard, members of a
58.3bomb disposal unit approved by the commissioner of public safety and employed by a
58.4municipality defined in section
466.01 when engaged in the disposal or neutralization of
58.5bombs or other similar hazardous explosives, as defined in section
299C.063, outside the
58.6jurisdiction of the municipality but within the state, or persons acting on behalf of the state
58.7in an official capacity, temporarily or permanently, with or without compensation. It does
58.8not include either an independent contractor
except, for purposes of this section and
58.9section 3.736 only, a guardian ad litem acting under court appointment, or members of the
58.10Minnesota National Guard while engaged in training or duty under United States Code,
58.11title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
58.1231, 1983. Notwithstanding sections
43A.02 and
611.263, for purposes of this section and
58.13section
3.736 only, "employee of the state" includes a district public defender or assistant
58.14district public defender in the Second or Fourth Judicial District and a member of the
58.15Health Technology Advisory Committee.
58.16 (3) "Scope of office or employment" means that the employee was acting on behalf
58.17of the state in the performance of duties or tasks lawfully assigned by competent authority.
58.18 (4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
58.19EFFECTIVE DATE.This section is effective July 1, 2007.
58.20 Sec. 3. Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
58.21 Subdivision 1.
General rule. The state will pay compensation for injury to or loss
58.22of property or personal injury or death caused by an act or omission of an employee of
58.23the state while acting within the scope of office or employment or a peace officer who is
58.24not acting on behalf of a private employer and who is acting in good faith under section
58.25629.40, subdivision 4
, under circumstances where the state, if a private person, would be
58.26liable to the claimant, whether arising out of a governmental or proprietary function.
58.27Nothing in this section waives the defense of judicial
, quasi-judicial, or legislative
58.28immunity except to the extent provided in subdivision 8.
58.29EFFECTIVE DATE.This section is effective July 1, 2007.
58.30 Sec. 4. Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
58.31 Subd. 4.
Ranges for other judicial positions. Salaries or salary ranges are provided
58.32for the following positions in the judicial branch of government. The appointing authority
58.33of any position for which a salary range has been provided shall fix the individual salary
58.34within the prescribed range, considering the qualifications and overall performance of the
58.35employee.
The Supreme Court shall set the salary of the state court administrator and the
59.1salaries of district court administrators. The salary of the state court administrator or a
59.2district court administrator may not exceed the salary of a district court judge. If district
59.3court administrators die, the amounts of their unpaid salaries for the months in which
59.4their deaths occur must be paid to their estates. The salary of the state public defender
59.5shall be fixed by the State Board of Public Defense but must not exceed the salary of a
59.6district court judge.
59.7
|
|
Salary or Range
|
59.8
|
|
Effective
|
59.9
|
|
July 1, 1994
|
59.10
59.11
59.12
|
Board on Judicial
Standards executive
director
|
$44,000-60,000
|
59.13EFFECTIVE DATE.This section is effective July 1, 2007.
59.14 Sec. 5.
[72A.329] DIRECT LIABILITY OF INSURER.
59.15 Any bond or policy of insurance covering liability to others for negligence makes
59.16the insurer liable, up to the amounts stated in the bond or policy, to the persons entitled to
59.17recover against the insured for the death of any person or for injury to persons or property,
59.18irrespective of whether the liability is presently established or is contingent and to become
59.19fixed or certain by final judgment against the insured.
59.20EFFECTIVE DATE.This section is effective August 1, 2007, and applies to bonds
59.21or policies of insurance issued, renewed, or in place on or after that date.
59.22 Sec. 6. Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
59.23 Subd. 6.
Termination of jurisdiction. The court may dismiss the petition or
59.24otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
59.25interested party at any time. Unless terminated by the court, and except as otherwise
59.26provided in this subdivision, the jurisdiction of the court shall continue until the individual
59.27becomes 19 years of age if the court determines it is in the best interest of the individual
59.28to do so.
Court jurisdiction under section
260C.007, subdivision 6, clause (14), may
59.29not continue past the child's 18th birthday.
59.30EFFECTIVE DATE.This section is effective July 1, 2007.
59.31 Sec. 7. Minnesota Statutes 2006, section 270A.03, subdivision 5, is amended to read:
59.32 Subd. 5.
Debt. "Debt" means a legal obligation of a natural person to pay a fixed
59.33and certain amount of money, which equals or exceeds $25 and which is due and payable
59.34to a claimant agency. The term includes criminal fines imposed under section
609.10 or
59.35609.125
, fines imposed for petty misdemeanors as defined in section
609.02, subdivision
59.364a
, and restitution.
The term also includes the co-payment for the appointment of a district
60.1public defender imposed under section
611.17, paragraph (c). A debt may arise under a
60.2contractual or statutory obligation, a court order, or other legal obligation, but need not
60.3have been reduced to judgment.
60.4 A debt includes any legal obligation of a current recipient of assistance which is
60.5based on overpayment of an assistance grant where that payment is based on a client
60.6waiver or an administrative or judicial finding of an intentional program violation;
60.7or where the debt is owed to a program wherein the debtor is not a client at the time
60.8notification is provided to initiate recovery under this chapter and the debtor is not a
60.9current recipient of food support, transitional child care, or transitional medical assistance.
60.10 A debt does not include any legal obligation to pay a claimant agency for medical
60.11care, including hospitalization if the income of the debtor at the time when the medical
60.12care was rendered does not exceed the following amount:
60.13 (1) for an unmarried debtor, an income of $8,800 or less;
60.14 (2) for a debtor with one dependent, an income of $11,270 or less;
60.15 (3) for a debtor with two dependents, an income of $13,330 or less;
60.16 (4) for a debtor with three dependents, an income of $15,120 or less;
60.17 (5) for a debtor with four dependents, an income of $15,950 or less; and
60.18 (6) for a debtor with five or more dependents, an income of $16,630 or less.
60.19 The income amounts in this subdivision shall be adjusted for inflation for debts
60.20incurred in calendar years 2001 and thereafter. The dollar amount of each income level
60.21that applied to debts incurred in the prior year shall be increased in the same manner
60.22as provided in section 1(f) of the Internal Revenue Code of 1986, as amended through
60.23December 31, 2000, except that for the purposes of this subdivision the percentage increase
60.24shall be determined from the year starting September 1, 1999, and ending August 31, 2000,
60.25as the base year for adjusting for inflation for debts incurred after December 31, 2000.
60.26 Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the
60.27dollar amount of the premium authorized under section
256L.15, subdivision 1a.
60.28EFFECTIVE DATE.This section is effective July 1, 2007.
60.29 Sec. 8. Minnesota Statutes 2006, section 302A.781, is amended by adding a
60.30subdivision to read:
60.31 Subd. 5. Other claims preserved. In addition to the claims in subdivision 4, all
60.32other statutory and common law rights of persons who may bring claims of injury to a
60.33person, including death, are not affected by dissolution under this chapter.
60.34EFFECTIVE DATE.This section is effective July 1, 2007.
60.35 Sec. 9. Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
61.1 Subdivision 1.
Coverage. (a) Employees enumerated in paragraph (c), clauses (2),
61.2(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan
61.3Council and are eligible for coverage under the general state employees retirement plan
61.4under chapter 352, are participants in the unclassified plan under this chapter unless the
61.5employee gives notice to the executive director of the Minnesota State Retirement System
61.6within one year following the commencement of employment in the unclassified service
61.7that the employee desires coverage under the general state employees retirement plan.
61.8For the purposes of this chapter, an employee who does not file notice with the executive
61.9director is deemed to have exercised the option to participate in the unclassified plan.
61.10 (b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
61.11program under this chapter unless the person was eligible to elect different coverage under
61.12section
3A.07 and elected retirement coverage by the applicable alternative retirement
61.13plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
61.14program under this chapter for judicial employment in excess of the service credit limit in
61.15section
490.121, subdivision 22.
61.16 (c) Enumerated employees and referenced persons are:
61.17 (1) the governor, the lieutenant governor, the secretary of state, the state auditor,
61.18and the attorney general;
61.19 (2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
61.20of State, State Auditor, Attorney General;
61.21 (3) an employee of the State Board of Investment;
61.22 (4) the head of a department, division, or agency created by statute in the unclassified
61.23service, an acting department head subsequently appointed to the position, or an employee
61.24enumerated in section
15A.0815 or
15A.083, subdivision 4;
61.25 (5) a member of the legislature;
61.26 (6) a full-time unclassified employee of the legislature or a commission or agency of
61.27the legislature who is appointed without a limit on the duration of the employment or a
61.28temporary legislative employee having shares in the supplemental retirement fund as a
61.29result of former employment covered by this chapter, whether or not eligible for coverage
61.30under the Minnesota State Retirement System;
61.31 (7) a person who is employed in a position established under section
43A.08,
61.32subdivision 1
, clause (3), or in a position authorized under a statute creating or establishing
61.33a department or agency of the state, which is at the deputy or assistant head of department
61.34or agency or director level;
62.1 (8) the regional administrator, or executive director of the Metropolitan Council,
62.2general counsel, division directors, operations managers, and other positions as designated
62.3by the council, all of which may not exceed 27 positions at the council and the chair;
62.4 (9) the executive director, associate executive director, and not to exceed nine
62.5positions of the Minnesota Office of Higher Education in the unclassified service, as
62.6designated by the Minnesota Office of Higher Education before January 1, 1992, or
62.7subsequently redesignated with the approval of the board of directors of the Minnesota
62.8State Retirement System, unless the person has elected coverage by the individual
62.9retirement account plan under chapter 354B;
62.10 (10) the clerk of the appellate courts appointed under article VI, section 2, of the
62.11Constitution of the state of Minnesota
, the state court administrator and judicial district
62.12administrators;
62.13 (11) the chief executive officers of correctional facilities operated by the Department
62.14of Corrections and of hospitals and nursing homes operated by the Department of Human
62.15Services;
62.16 (12) an employee whose principal employment is at the state ceremonial house;
62.17 (13) an employee of the Minnesota Educational Computing Corporation;
62.18 (14) an employee of the State Lottery who is covered by the managerial plan
62.19established under section
43A.18, subdivision 3; and
62.20 (15) a judge who has exceeded the service credit limit in section
490.121,
62.21subdivision 22
.
62.22EFFECTIVE DATE.This section is effective July 1, 2007.
62.23 Sec. 10. Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
62.24 Subd. 2.
Expense payments. A judge shall be paid travel and subsistence expenses
62.25for travel from the judge's place of residence to and from the judge's permanent chambers
62.26only for a period of two years
after July 1, 1977, or the date the judge initially assumes
62.27office, whichever is later as provided by Judicial Council policy.
62.28EFFECTIVE DATE.This section is effective July 1, 2007.
62.29 Sec. 11. Minnesota Statutes 2006, section 484.83, is amended to read:
62.30484.83 REINSTATEMENT OF FORFEITED SUMS.
62.31 Subdivision 1. Abandonment of fees. All sums deposited with the court
62.32administrator to cover fees shall be deemed abandoned if the fees are not disbursed or
62.33the services covered by the fees are not performed and the person entitled to refund of
62.34the fees does not file a written demand for refund with the court administrator within
63.1six months from the date of trial, dismissal, or striking of the cause as to jury fees and
63.2from the date of deposit as to other fees.
63.3 Subd. 2. Bail forfeitures. Any bail not forfeited by court order shall be deemed
63.4abandoned and forfeited if the person entitled to refund does not file a written demand
63.5for refund with the court administrator within six months from the date when the person
63.6became entitled to the refund.
63.7 Subd. 3. Reinstated forfeited sums. A district court judge may order any sums
63.8forfeited to be reinstated and the commissioner of finance shall then refund accordingly.
63.9The commissioner of finance shall reimburse the court administrator if the court
63.10administrator refunds the deposit upon a judge's order and obtains a receipt to be used
63.11as a voucher.
63.12EFFECTIVE DATE.This section is effective July 1, 2007.
63.13 Sec. 12.
[484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
63.14OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
63.15 Subdivision 1. Abandonment of deposits and bail. (a) Any bail deposited with the
63.16court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
63.17court order shall be deemed abandoned and forfeited if the person entitled to refund does
63.18not file a written demand for refund with the court administrator within six months from
63.19the date when the person became entitled to the refund.
63.20 (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
63.21for cause and the court administrator shall then refund accordingly. The receipting
63.22municipality or subdivision of government shall reimburse the court administrator if the
63.23court administrator refunds the deposit upon such an order and obtains a receipt to be
63.24used as a voucher.
63.25 Subd. 2. Disposition of forfeited sums. All sums collected on any bail, bond, or
63.26recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
63.27Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
63.28support of the law library of the county. The receipt of the county treasurer to the court
63.29administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
63.30during any calendar year equal $2,500, all sums in excess of that amount shall be paid
63.31to the municipality or subdivision of government in which the violation occurred. The
63.32payments shall be made periodically but not before six months from the date of the order
63.33for forfeiture. During that six-month period, but not thereafter, any judge may set aside
63.34the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
63.35forfeited exists unless the forfeiture is not set aside within the six-month period. For the
64.1purpose of determining when the $2,500 shall have accrued to the county law library, the
64.2final forfeiture shall be deemed to occur at the end of the six-month period.
64.3EFFECTIVE DATE.This section is effective July 1, 2007.
64.4 Sec. 13. Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
64.5 Subdivision 1.
Summons and writ. (a) The
state court administrator shall develop a
64.6uniform form for the summons and writ of recovery of premises and order to vacate
64.7may be substantially in the forms in paragraphs (b) and (c).
64.8 (b)
64.10
|
State of Minnesota )
|
|
64.11
|
)
|
ss.
|
64.12
|
County of
.....
)
|
|
64.13 Whereas, ..............., of ..........., has filed with the undersigned, a judge of county
64.14stated, a complaint against ..............., of .........., a copy of which is attached: You
64.15are hereby summoned to appear before the undersigned on the .......... day of ..........,
64.16year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint
64.17and to further be dealt with according to law.
64.18
|
|
Dated at ........, this ........ day of ........, year ......
|
64.19
|
|
.....
,
|
64.20
|
|
Judge of
.....
court.
|
64.21 (c)
64.22FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
64.23
|
State of Minnesota )
|
|
64.24
|
)
|
ss.
|
64.25
|
County of
.....
)
|
|
64.26 The State of Minnesota, to the Sheriff of the County:
64.27 Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held
64.28at ..............., in the county of ....................., on the ............... day of ..............., year
64.29..............., before ..............., a judge of the county, recovered a judgment against ...............,
64.30the ..............., to have recovery of the following premises (describe here the property
64.31as in the complaint): ..................
64.32 Therefore, you are commanded that, taking with you the force of the county, if
64.33necessary, you cause ................. to be immediately removed from the premises, and the
64.34plaintiff to recover the premises. You are also commanded that from the personal property
64.35of ........................ within the county that you seize and sell, the plaintiff be paid ............ .
65.1dollars, as the costs assessed against the defendant, together with 25 cents for this writ.
65.2You are ordered to return this writ within 30 days.
65.3
|
|
Dated at ....., this ..... day of ....., year ....
|
65.4
|
|
.....
,
|
65.5
|
|
Judge of
.....
court.
|
65.6EFFECTIVE DATE.This section is effective July 1, 2007.
65.7 Sec. 14. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
65.8 Subdivision 1.
Permissive appointment of guardian ad litem. In all proceedings
65.9for child custody or for dissolution or legal separation where custody or parenting time
65.10with a minor child is in issue, the court may appoint a guardian ad litem from a panel
65.11established by the court to represent the interests of the child. The guardian ad litem shall
65.12advise the court with respect to custody
, support, and parenting time.
65.13EFFECTIVE DATE.This section is effective July 1, 2007.
65.14 Sec. 15. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
65.15 Subd. 2.
Required appointment of guardian ad litem. In all proceedings for child
65.16custody or for marriage dissolution or legal separation in which custody or parenting time
65.17with a minor child is an issue, if the court has reason to believe that the minor child is a
65.18victim of domestic child abuse or neglect, as those terms are defined in sections
260C.007
65.19and
626.556, respectively, the court shall appoint a guardian ad litem. The guardian
65.20ad litem shall represent the interests of the child and advise the court with respect to
65.21custody
, support, and parenting time. If the child is represented by a guardian ad litem in
65.22any other pending proceeding, the court may appoint that guardian to represent the child
65.23in the custody or parenting time proceeding. No guardian ad litem need be appointed if
65.24the alleged domestic child abuse or neglect is before the court on a juvenile dependency
65.25and neglect petition. Nothing in this subdivision requires the court to appoint a guardian
65.26ad litem in any proceeding for child custody, marriage dissolution, or legal separation in
65.27which an allegation of domestic child abuse or neglect has not been made.
65.28EFFECTIVE DATE.This section is effective July 1, 2007.
65.29 Sec. 16. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
65.30 Subd. 3.
Income cap on determining basic support. (a) The basic support
65.31obligation for parents with a combined parental income for determining child support in
65.32excess of the income limit currently in effect under subdivision 2 must be the same dollar
65.33amount as provided for the parties with a combined parental income for determining child
65.34support equal to the income in effect under subdivision 2.
66.1 (b) A court may order a basic support obligation in a child support order in an
66.2amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability
66.3or other substantial, demonstrated need for the additional support for those reasons set
66.4forth in section
518A.43 and that the additional support will directly benefit the child.
66.5 (c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
66.6every even-numbered year to reflect cost-of-living changes. The Supreme Court must
66.7select the index for the adjustment from the indices listed in section
518A.75, subdivision
66.81. The state court administrator must make the changes in the dollar amounts required
66.9by this paragraph available to courts and the public on or before April 30 of the year in
66.10which the amount is to change.
66.11EFFECTIVE DATE.This section is effective July 1, 2007.
66.12 Sec. 17.
[540.19] NEGLIGENCE ACTIONS; INSURERS.
66.13 Subdivision 1. Direct action. In any action for damages caused by negligence,
66.14any insurer which:
66.15 (1) has an interest in the outcome of the controversy adverse to the plaintiff or any
66.16of the parties to the controversy;
66.17 (2) by its policy of insurance assumes or reserves the right to control the prosecution,
66.18defense, or settlement of the claim or action; or
66.19 (3) by its policy agrees to prosecute or defend the action brought by plaintiff or any
66.20of the parties to the action, or agrees to engage counsel to prosecute or defend the action
66.21or agrees to pay the costs of the litigation,
66.22is by this section made a proper party defendant in any action brought by plaintiff in this
66.23state on account of any claim against the insured. If the policy of insurance was issued
66.24or delivered outside this state, the insurer is by this subdivision made a proper party
66.25defendant only if the accident, injury, or negligence occurred in this state.
66.26 Subd. 2. Other parties; impleading. If an insurer is made a party defendant
66.27pursuant to this section and it appears at any time before or during the trial that there is or
66.28may be a cross issue between the insurer and the insured or any issue between any other
66.29person and the insurer involving the question of the insurer's liability if judgment should
66.30be rendered against the insured, the court may, upon motion of any defendant in the action,
66.31cause the person who may be liable upon such cross issue to be made a party defendant
66.32to the action and all the issues involved in the controversy determined in the trial of the
66.33action or any third party may be impleaded. Nothing in this subdivision prohibits the trial
66.34court from directing and conducting separate trials on the issue of liability to the plaintiff
66.35or other party seeking affirmative relief and on the issue of whether the insurance policy in
67.1question affords coverage. Any party may move for separate trials. If the court orders
67.2separate trials, the court shall specify in its order the sequence in which the trials are to
67.3be conducted.
67.4EFFECTIVE DATE.This section is effective August 1, 2007, and applies to
67.5actions commenced on or after that date.
67.6 Sec. 18. Minnesota Statutes 2006, section 549.09, subdivision 1, is amended to read:
67.7 Subdivision 1.
When owed; rate. (a) When a judgment or award is for the recovery
67.8of money, including a judgment for the recovery of taxes, interest from the time of
67.9the verdict, award, or report until judgment is finally entered shall be computed by the
67.10court administrator or arbitrator as provided in paragraph (c) and added to the judgment
67.11or award.
67.12 (b) Except as otherwise provided by contract or allowed by law, preverdict,
67.13preaward, or prereport interest on pecuniary damages shall be computed as provided
67.14in paragraph (c) from the time of the commencement of the action or a demand for
67.15arbitration, or the time of a written notice of claim, whichever occurs first, except as
67.16provided herein. The action must be commenced within two years of a written notice of
67.17claim for interest to begin to accrue from the time of the notice of claim. If either party
67.18serves a written offer of settlement, the other party may serve a written acceptance or a
67.19written counteroffer within 30 days. After that time, interest on the judgment or award
67.20shall be calculated by the judge or arbitrator in the following manner. The prevailing
67.21party shall receive interest on any judgment or award from the time of commencement
67.22of the action or a demand for arbitration, or the time of a written notice of claim, or as
67.23to special damages from the time when special damages were incurred, if later, until the
67.24time of verdict, award, or report only if the amount of its offer is closer to the judgment or
67.25award than the amount of the opposing party's offer. If the amount of the losing party's
67.26offer was closer to the judgment or award than the prevailing party's offer, the prevailing
67.27party shall receive interest only on the amount of the settlement offer or the judgment or
67.28award, whichever is less, and only from the time of commencement of the action or a
67.29demand for arbitration, or the time of a written notice of claim, or as to special damages
67.30from when the special damages were incurred, if later, until the time the settlement offer
67.31was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
67.32and counteroffers. For the purposes of clause (2), the amount of settlement offer must
67.33be allocated between past and future damages in the same proportion as determined by
67.34the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
67.35preaward, or prereport interest shall not be awarded on the following:
68.1 (1) judgments, awards, or benefits in workers' compensation cases, but not including
68.2third-party actions;
68.3 (2) judgments or awards for future damages;
68.4 (3) punitive damages, fines, or other damages that are noncompensatory in nature;
68.5 (4) judgments or awards not in excess of the amount specified in section
491A.01;
68.6and
68.7 (5) that portion of any verdict, award, or report which is founded upon interest, or
68.8costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
68.9 (c) The interest shall be computed as simple interest per annum. The rate of interest
68.10shall be based on the secondary market yield of one year United States Treasury bills,
68.11calculated on a bank discount basis as provided in this section.
68.12 On or before the 20th day of December of each year the state court administrator
68.13shall determine the rate from the one-year constant maturity treasury yield for the most
68.14recent calendar month, reported on a monthly basis in the latest statistical release of the
68.15board of governors of the Federal Reserve System. This yield, rounded to the nearest one
68.16percent, or
four ten percent, whichever is greater, shall be the annual interest rate during
68.17the succeeding calendar year. The state court administrator shall communicate the interest
68.18rates to the court administrators and sheriffs for use in computing the interest on verdicts
68.19and shall make the interest rates available to arbitrators.
68.20 When a judgment creditor, or the judgment creditor's attorney or agent, has received
68.21a payment after entry of judgment, whether the payment is made voluntarily by or on
68.22behalf of the judgment debtor, or is collected by legal process other than execution levy
68.23where a proper return has been filed with the court administrator, the judgment creditor,
68.24or the judgment creditor's attorney, before applying to the court administrator for an
68.25execution shall file with the court administrator an affidavit of partial satisfaction. The
68.26affidavit must state the dates and amounts of payments made upon the judgment after the
68.27most recent affidavit of partial satisfaction filed, if any; the part of each payment that
68.28is applied to taxable disbursements and to accrued interest and to the unpaid principal
68.29balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
68.30application of each payment.
68.31 (d) This section does not apply to arbitrations between employers and employees
68.32under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
68.33awarding interest under chapter 179 or under section
179A.16 for essential employees.
68.34EFFECTIVE DATE.This section is effective July 1, 2007.
69.1 Sec. 19. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
69.2to read:
69.3 Subd. 7a. Copy costs. The court administrator shall provide a person who is
69.4proceeding in forma pauperis with copies of the person's court file without charge.
69.5EFFECTIVE DATE.This section is effective July 1, 2007.
69.6 Sec. 20. Minnesota Statutes 2006, section 590.05, is amended to read:
69.7590.05 INDIGENT PETITIONERS.
69.8 A person financially unable to obtain counsel who desires to pursue the remedy
69.9provided in section
590.01 may apply for representation by the state public defender.
69.10The state public defender shall represent such person under the applicable provisions
69.11of sections
611.14 to
611.27, if the person has not already had a direct appeal of the
69.12conviction.
If, however, the person pled guilty and received a presumptive sentence or a
69.13downward departure in sentence, and the state public defender reviewed the person's case
69.14and determined that there was no basis for an appeal of the conviction or of the sentence,
69.15then the state public defender may decline to represent the person in a postconviction
69.16remedy case. The state public defender may represent, without charge, all other persons
69.17pursuing a postconviction remedy under section
590.01, who are financially unable
69.18to obtain counsel.
69.19EFFECTIVE DATE.This section is effective July 1, 2007.
69.20 Sec. 21.
[604.18] GOOD FAITH INSURANCE PRACTICES.
69.21 Subdivision 1. Required conduct. (a) An insurer shall act in good faith in
69.22connection with any matter involving a claim under an insurance policy.
69.23 (b) An insurer does not act in good faith if the insurer delays or denies benefits
69.24offered or paid without an objectively reasonable basis for its offer, delay, or denial. An
69.25insurer also does not act in good faith if the insurer engages in any fraud, false pretense,
69.26false promise, misrepresentation, misleading statement, or deceptive practice that others
69.27rely on in connection with any matter involving a claim under an insurance policy.
69.28 (c) For purposes of this section:
69.29 (1) "insurance policy" means an insurance policy or contract issued, executed,
69.30renewed, maintained, or delivered in this state, other than a workers' compensation
69.31insurance policy or contract or other policy or contract of a health carrier as defined in
69.32section 62A.011; and
69.33 (2) "insurer" means an insurance company: (i) incorporated or organized in this
69.34state; or (ii) admitted to do business in this state but not incorporated or organized in
70.1this state. The term does not include a political subdivision providing self-insurance or
70.2establishing a pool under section 471.981, subdivision 3.
70.3 Subd. 2. Penalties and remedies. A person violating subdivision 1 is acting against
70.4the public interest and is liable to the injured party for costs, damages, and reasonable
70.5attorney fees.
70.6 Subd. 3. Insurance producers; liability limited. A licensed insurance producer
70.7is not liable under this section for errors, acts, or omissions attributed to the insurer that
70.8appointed the producer to transact business on its behalf, except to the extent the producer
70.9has caused or contributed to the error, act, or omission.
70.10 Subd. 4. Report to commissioner. An insurer shall promptly report to the
70.11commissioner of commerce the date and disposition of every settlement and award against
70.12the insurer for a violation of subdivision 1.
70.13EFFECTIVE DATE.This section is effective August 1, 2007, and applies to causes
70.14of action commenced or pending on or after that date.
70.15 Sec. 22. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
70.16 Subd. 8.
Fine and surcharge collection. A defendant's obligation to pay
70.17court-ordered fines, surcharges, court costs,
restitution, and fees shall survive for a period
70.18of six years from the date of the expiration of the defendant's stayed sentence for the
70.19offense for which the fines, surcharges, court costs,
restitution, and fees were imposed, or
70.20six years from the imposition or due date of the fines, surcharges, court costs,
restitution,
70.21and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's
70.22stay of sentence imposition or execution.
70.23EFFECTIVE DATE.This section is effective July 1, 2007.
70.24 Sec. 23. Minnesota Statutes 2006, section 611.14, is amended to read:
70.25611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
70.26 The following persons who are financially unable to obtain counsel are entitled to be
70.27represented by a public defender:
70.28 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
70.29person charged under sections
629.01 to
629.29;
70.30 (2) a person appealing from a conviction of a felony or gross misdemeanor, or
70.31a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
70.32proceeding and who has not already had a direct appeal of the conviction
, but if the person
70.33pled guilty and received a presumptive sentence or a downward departure in sentence,
70.34and the state public defender reviewed the person's case and determined that there was no
71.1basis for an appeal of the conviction or of the sentence, then the state public defender may
71.2decline to represent the person in a postconviction remedy case;
71.3 (3) a person who is entitled to be represented by counsel under section
609.14,
71.4subdivision 2
; or
71.5 (4) a minor ten years of age or older who is entitled to be represented by counsel
71.6under section
260B.163, subdivision 4, or
260C.163, subdivision 3.
71.7EFFECTIVE DATE.This section is effective July 1, 2007.
71.8 Sec. 24. Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:
71.9 Subd. 6.
Reimbursement schedule guidelines. In determining a defendant's
71.10reimbursement schedule, the court may derive a specific dollar amount per month
71.11by multiplying the defendant's net income by the percent indicated by the following
71.12guidelines:
71.13
71.14
|
Net Income Per Month
of Defendant
|
|
Number of Dependents Not
Including Defendant
|
|
|
|
71.15
71.16
|
|
|
4 or
more
|
|
3
|
|
2
|
|
1
|
|
0
|
71.17
71.18
|
$200 and Below
|
|
Percentage based on the ability of the defendant to
pay as determined by the court.
|
71.19
|
$200 - 350
|
|
8%
|
|
9.5%
|
|
11%
|
|
12.5%
|
|
14%
|
71.20
|
$351 - 500
|
|
9%
|
|
11%
|
|
12.5%
|
|
14%
|
|
15%
|
71.21
|
$501 - 650
|
|
10%
|
|
12%
|
|
14%
|
|
15%
|
|
17%
|
71.22
|
$651 - 800
|
|
11%
|
|
13.5%
|
|
15.5%
|
|
17%
|
|
19%
|
71.23
|
$801 and above
|
|
12%
|
|
14.5%
|
|
17%
|
|
19%
|
|
20%
|
71.24 "Net income" shall have the meaning given it in section
518.551, subdivision 5.
71.25EFFECTIVE DATE.This section is effective July 1, 2007.
71.26 Sec. 25. Minnesota Statutes 2006, section 611.215, subdivision 1, is amended to read:
71.27 Subdivision 1.
Structure; membership. (a) The State Board of Public Defense
71.28is a part of, but is not subject to the administrative control of, the judicial branch of
71.29government. The State Board of Public Defense shall consist of seven members including:
71.30 (1) four attorneys admitted to the practice of law, well acquainted with the defense
71.31of persons accused of crime, but not employed as prosecutors, appointed by the Supreme
71.32Court; and
71.33 (2) three public members appointed by the governor.
71.34 After the expiration of the terms of persons appointed to the board before March
71.351, 1991, The appointing authorities may not appoint a person who is a judge to be a
71.36member of the State Board of Public Defense, other than as a member of the ad hoc
71.37Board of Public Defense.
72.1 (b) All members shall demonstrate an interest in maintaining a high quality,
72.2independent defense system for those who are unable to obtain adequate representation.
72.3Appointments to the board shall include qualified women and members of minority
72.4groups. At least three members of the board shall be from judicial districts other than the
72.5First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal
72.6of members shall be as provided in section
15.0575. The chair shall be elected by the
72.7members from among the membership for a term of two years.
72.8 (c) In addition, the State Board of Public Defense shall consist of a nine-member ad
72.9hoc board when considering the appointment of district public defenders under section
72.10611.26, subdivision 2
. The terms of chief district public defenders currently serving shall
72.11terminate in accordance with the staggered term schedule set forth in section
611.26,
72.12subdivision 2
.
72.13EFFECTIVE DATE.This section is effective July 1, 2007.
72.14 Sec. 26. Minnesota Statutes 2006, section 611.215, subdivision 1a, is amended to read:
72.15 Subd. 1a.
Chief administrator. The
State Board of Public Defense, with the advice
72.16of the state public defender
, shall appoint a chief administrator who must be chosen
72.17solely on the basis of training, experience, and other qualifications, and who will serve
72.18at the pleasure of the
state public defender State Board of Public Defense. The chief
72.19administrator need not be licensed to practice law. The chief administrator shall attend all
72.20meetings of the board, but may not vote, and shall:
72.21 (1) enforce all resolutions, rules, regulations, or orders of the board;
72.22 (2) present to the board and the state public defender plans, studies, and reports
72.23prepared for the board's and the state public defender's purposes and recommend to the
72.24board and the state public defender for adoption measures necessary to enforce or carry
72.25out the powers and duties of the board and the state public defender, or to efficiently
72.26administer the affairs of the board and the state public defender;
72.27 (3) keep the board fully advised as to its financial condition, and prepare and submit
72.28to the board its annual budget and other financial information as it may request;
72.29 (4) recommend to the board the adoption of rules and regulations necessary for the
72.30efficient operation of the board and its functions; and
72.31 (5) perform other duties prescribed by the board and the state public defender.
72.32EFFECTIVE DATE.This section is effective July 1, 2007.
72.33 Sec. 27. Minnesota Statutes 2006, section 611.23, is amended to read:
72.34611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT;
72.35SALARY.
73.1 The state public defender is responsible to the State Board of Public Defense.
The
73.2state public defender shall supervise the operation, activities, policies, and procedures
73.3of the statewide public defender system. When requested by a district public defender
73.4or appointed counsel, the state public defender may assist the district public defender,
73.5appointed counsel, or an organization designated in section 611.216 in the performance
73.6of duties, including trial representation in matters involving legal conflicts of interest or
73.7other special circumstances, and assistance with legal research and brief preparation.
73.8The state public defender shall be appointed by the State Board of Public Defense for a
73.9term of four years, except as otherwise provided in this section, and until a successor is
73.10appointed and qualified. The state public defender shall be a full-time qualified attorney,
73.11licensed to practice law in this state, serve in the unclassified service of the state, and
73.12be removed only for cause by the appointing authority. Vacancies in the office shall be
73.13filled by the appointing authority for the unexpired term. The salary of the state public
73.14defender shall be fixed by the State Board of Public Defense but must not exceed the
73.15salary of a district court judge. Terms of the state public defender shall commence on July
73.161. The state public defender shall devote full time to the performance of duties and shall
73.17not engage in the general practice of law.
73.18EFFECTIVE DATE.This section is effective July 1, 2007.
73.19 Sec. 28. Minnesota Statutes 2006, section 611.24, is amended to read:
73.20611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF
73.21OFFICE; ASSISTANTS.
73.22 The state public defender shall supervise the operation, activities, policies and
73.23procedures of the state public defender system. The state public defender shall employ or
73.24retain assistant state public defenders, a chief administrator, a deputy state (a) Beginning
73.25January 1, 2007, and for every four years after that date, the State Board of Public Defense
73.26shall appoint a chief appellate public defender in charge of appellate services,
who shall
73.27employ or retain assistant state public defenders and other personnel as may be necessary
73.28to discharge the functions of the office.
The chief appellate public defender shall serve a
73.29four-year term and may be removed only for cause upon the order of the State Board of
73.30Public Defense. The chief appellate public defender shall be a full-time qualified attorney,
73.31licensed to practice law in this state, and serve in the unclassified service of the state.
73.32Vacancies in the office shall be filled by the appointing authority for the unexpired term.
73.33 (b) An assistant state public defender shall be a qualified attorney, licensed to
73.34practice law in this state, serve in the unclassified service of the state if employed, and
73.35serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed
74.1reasonable compensation for comparable services performed for other governmental
74.2agencies or departments. Retained or part-time employed assistant state public defenders
74.3may engage in the general practice of law.
The compensation of the chief appellate public
74.4defender and the compensation of each assistant state public defender shall be set by the
74.5State Board of Public Defense. The chief appellate public defender shall devote full time
74.6to the performance of duties and shall not engage in the general practice of law.
74.7 (c) The incumbent deputy state public defender as of December 31, 2006, shall be
74.8appointed as the chief appellate public defender for the four-year term beginning on
74.9January 1, 2007.
74.10EFFECTIVE DATE.This section is effective July 1, 2007.
74.11 Sec. 29. Minnesota Statutes 2006, section 611.25, subdivision 1, is amended to read:
74.12 Subdivision 1.
Representation. (a) The
state chief appellate public defender shall
74.13represent, without charge:
74.14 (1) a defendant or other person appealing from a conviction of a felony or gross
74.15misdemeanor;
74.16 (2) a person convicted of a felony or gross misdemeanor who is pursuing a
74.17postconviction proceeding and who has not already had a direct appeal of the conviction
,
74.18but if the person pled guilty and received a presumptive sentence or a downward departure
74.19in sentence, and the state public defender reviewed the person's case and determined that
74.20there was no basis for an appeal of the conviction or of the sentence, then the state public
74.21defender may decline to represent the person in a postconviction remedy case; and
74.22 (3) a child who is appealing from a delinquency adjudication or from an extended
74.23jurisdiction juvenile conviction.
74.24 (b) The
state chief appellate public defender may represent, without charge, all other
74.25persons pursuing a postconviction remedy under section
590.01, who are financially
74.26unable to obtain counsel.
74.27 (c)
The state public defender shall represent any other person, who is financially
74.28unable to obtain counsel, when directed to do so by the Supreme Court or the Court of
74.29Appeals, except that The
state chief appellate public defender shall not represent a person
74.30in any action or proceeding in which a party is seeking a monetary judgment, recovery or
74.31award.
When requested by a district public defender or appointed counsel, the state public
74.32defender may assist the district public defender, appointed counsel, or an organization
74.33designated in section
611.216 in the performance of duties, including trial representation in
74.34matters involving legal conflicts of interest or other special circumstances, and assistance
74.35with legal research and brief preparation. When the state public defender is directed by a
75.1court to represent a defendant or other person, the state public defender may assign the
75.2representation to any district public defender.
75.3EFFECTIVE DATE.This section is effective July 1, 2007.
75.4 Sec. 30. Minnesota Statutes 2006, section 611.26, subdivision 2, is amended to read:
75.5 Subd. 2.
Appointment; terms. The state Board of Public Defense shall appoint a
75.6chief district public defender for each judicial district. When appointing a chief district
75.7public defender, the state Board of Public Defense membership shall be increased to
75.8include two residents of the district appointed by the chief judge of the district to reflect
75.9the characteristics of the population served by the public defender in that district. The
75.10additional members shall serve only in the capacity of selecting the district public
75.11defender. The ad hoc state Board of Public Defense shall appoint a chief district public
75.12defender only after requesting and giving reasonable time to receive any recommendations
75.13from the public, the local bar association, and the judges of the district. Each chief district
75.14public defender shall be a qualified attorney licensed to practice law in this state. The chief
75.15district public defender shall be appointed for a term of four years, beginning January 1,
75.16pursuant to the following staggered term schedule: (1) in
2000 2008, the second and
75.17eighth districts; (2) in
2001 2009, the first, third, fourth, and tenth districts; (3) in
2002
75.182010, the fifth and ninth districts; and (4) in
1999 2011, the sixth and seventh districts.
75.19The chief district public defenders shall serve for four-year terms and may be removed for
75.20cause upon the order of the state Board of Public Defense. Vacancies in the office shall
75.21be filled by the appointing authority for the unexpired term.
The chief district public
75.22defenders shall devote full time to the performance of duties and shall not engage in the
75.23general practice of law.
75.24EFFECTIVE DATE.This section is effective July 1, 2007.
75.25 Sec. 31. Minnesota Statutes 2006, section 611.26, subdivision 7, is amended to read:
75.26 Subd. 7.
Other employment. Chief district public defenders and Assistant district
75.27public defenders may engage in the general practice of law where not employed on a
75.28full-time basis.
75.29EFFECTIVE DATE.This section is effective July 1, 2007.
75.30 Sec. 32. Minnesota Statutes 2006, section 611.27, subdivision 3, is amended to read:
75.31 Subd. 3.
Transcript use. If the
state chief appellate public defender or a district
75.32public defender deems it necessary to make a motion for a new trial, to take an appeal,
75.33or other postconviction proceedings in order to properly represent a defendant or other
75.34person whom that public defender had been directed to represent, that public defender
76.1may use the transcripts of the testimony and other proceedings filed with the court
76.2administrator of the district court as provided by section
243.49.
76.3EFFECTIVE DATE.This section is effective July 1, 2007.
76.4 Sec. 33. Minnesota Statutes 2006, section 611.27, subdivision 13, is amended to read:
76.5 Subd. 13.
Public defense services; correctional facility inmates. All billings for
76.6services rendered and ordered under subdivision 7 shall require the approval of the chief
76.7district public defender before being forwarded on a monthly basis to the state public
76.8defender. In cases where adequate representation cannot be provided by the district public
76.9defender and where counsel has been appointed under a court order, the state public
76.10defender shall forward to the commissioner of finance all billings for services rendered
76.11under the court order. The commissioner shall pay for services from
county criminal
76.12justice aid retained by the commissioner of revenue for that purpose under section
76.13477A.0121, subdivision 4, or from county program aid retained by the commissioner of
76.14revenue for that purpose under section
477A.0124, subdivision 1, clause (4), or
477A.03,
76.15subdivision 2b
, paragraph (a).
76.16 The costs of appointed counsel and associated services in cases arising from new
76.17criminal charges brought against indigent inmates who are incarcerated in a Minnesota
76.18state correctional facility are the responsibility of the state Board of Public Defense. In
76.19such cases the state public defender may follow the procedures outlined in this section for
76.20obtaining court-ordered counsel.
76.21EFFECTIVE DATE.This section is effective July 1, 2007.
76.22 Sec. 34. Minnesota Statutes 2006, section 611.27, subdivision 15, is amended to read:
76.23 Subd. 15.
Costs of transcripts. In appeal cases and postconviction cases where the
76.24state appellate public defender's office does not have sufficient funds to pay for transcripts
76.25and other necessary expenses because it has spent or committed all of the transcript funds
76.26in its annual budget, the state public defender may forward to the commissioner of finance
76.27all billings for transcripts and other necessary expenses. The commissioner shall pay for
76.28these transcripts and other necessary expenses from
county criminal justice aid retained
76.29by the commissioner of revenue under section
477A.0121, subdivision 4, or from county
76.30program aid retained by the commissioner of revenue for that purpose under section
76.31477A.0124, subdivision 1
, clause (4), or
477A.03, subdivision 2b, paragraph (a).
76.32EFFECTIVE DATE.This section is effective July 1, 2007.
76.33 Sec. 35. Minnesota Statutes 2006, section 611.35, is amended to read:
77.1611.35 REIMBURSEMENT OF PUBLIC DEFENDER AND APPOINTIVE
77.2APPOINTED COUNSEL.
77.3 Subdivision 1.
Reimbursement; civil obligation. Any person who is represented
77.4by
a public defender or appointive appointed counsel shall, if financially able to pay,
77.5reimburse the governmental unit chargeable with the compensation of
such public
77.6defender or appointive appointed counsel for the actual costs to the governmental unit in
77.7providing the services of the
public defender or appointive appointed counsel. The court in
77.8hearing such matter shall ascertain the amount of such costs to be charged to the defendant
77.9and shall direct reimbursement over a period of not to exceed six months, unless the court
77.10for good cause shown shall extend the period of reimbursement. If a term of probation is
77.11imposed as a part of a sentence, reimbursement of costs as required by this chapter must
77.12not be made a condition of probation. Reimbursement of costs as required by this chapter
77.13is a civil obligation and must not be made a condition of a criminal sentence.
77.14 Subd. 2.
Civil action. The county attorney may commence a civil action to recover
77.15such cost remaining unpaid at the expiration of six months unless the court has extended
77.16the reimbursement period and shall, if it appears that such recipient of
public defender or
77.17appointive appointed counsel services is about to leave the jurisdiction of the court or sell
77.18or otherwise dispose of assets out of which reimbursement may be obtained, commence
77.19such action forthwith. The county attorney may compromise and settle any claim for
77.20reimbursement with the approval of the court which heard the matter. No determination or
77.21action shall be taken later than two years after the termination of the duties of the
public
77.22defender or appointive appointed counsel.
77.23EFFECTIVE DATE.This section is effective July 1, 2007.
77.24 Sec. 36. Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to
77.25read:
77.26
|
Sec. 4.DISTRICT COURTS
|
$
|
118,470,000
|
$
|
128,842,000
|
77.27Carlton County Extraordinary Expenses.
77.28$300,000 the first year is to reimburse
77.29Carlton county for extraordinary expenses
77.30related to homicide trials. This is a onetime
77.31appropriation.
77.32New Judge Units. $774,000 the first year
77.33and $1,504,000 the second year are for an
77.34increase in judgeship units, including one
78.1trial court judge unit beginning October 1,
78.22001, in the tenth judicial district, one trial
78.3court judge unit beginning April 1, 2002, in
78.4the third judicial district, one trial court judge
78.5unit beginning July 1, 2002, in the tenth
78.6judicial district, one trial court judge unit
78.7beginning January 1, 2003, in the seventh
78.8judicial district, and one trial court judge
78.9unit beginning January 1, 2003, in the first
78.10judicial district. Each judge unit consists of a
78.11judge, law clerk, and court reporter.
78.12Alternative Dispute Resolution Programs.
78.13A portion of this appropriation may be
78.14used for the alternative dispute resolution
78.15programs authorized by article 5, section 18.
78.16Supplemental Funding for Certain
78.17Mandated Costs. $4,533,000 the first
78.18year and $6,032,000 the second year are to
78.19supplement funding for guardians ad litem,
78.20interpreters, rule 20 and civil commitment
78.21examinations, and in forma pauperis costs in
78.22the fifth, seventh, eighth, and ninth judicial
78.23districts.
78.24Trial Court Infrastructure Staff. $684,000
78.25the first year and $925,000 the second year
78.26are for infrastructure staff.
78.27Court Effectiveness Initiatives;
78.28Community Courts and Screener
78.29Collectors. $835,000 the first year and
78.30$765,000 the second year are for court
78.31effectiveness initiatives. Of this amount,
78.32$125,000 each year is for continued funding
78.33of the community court in the fourth judicial
78.34district and $125,000 each year is for
78.35continued funding of the community court
79.1in the second judicial district. These are
79.2onetime appropriations.
79.3The second judicial district and fourth
79.4judicial district shall each report quarterly to
79.5the chairs and ranking minority members of
79.6the legislative committees and divisions with
79.7jurisdiction over criminal justice funding on:
79.8(1) how money appropriated for this initiative
79.9was spent; and
79.10(2) the cooperation of other criminal justice
79.11agencies and county units of government in
79.12the community courts' efforts.
79.13The first report is due on October 1, 2001.
79.14None of this appropriation may be used
79.15for the purpose of complying with these
79.16reporting requirements.
79.17Of this amount, $585,000 the first year and
79.18$515,000 the second year are for screener
79.19collector programs.
79.20The fifth, seventh, and ninth judicial district
79.21courts shall implement screener collector
79.22programs to enhance the collection of
79.23overdue fine revenue by at least ten percent in
79.24each location serviced by a screener collector.
79.25By August 15, 2002, and annually thereafter,
79.26the state court administrator shall report to
79.27the chairs and ranking minority members
79.28of the house of representatives and senate
79.29committees with jurisdiction over criminal
79.30justice policy and funding issues on the total
79.31amount of fines collected, the amount of
79.32overdue fines collected for the two preceding
79.33fiscal years, and the expenditures associated
79.34with the screener collector program.
80.1Ninth District County and Support Pilot
80.2Projects. Up to $99,000 each year may
80.3be used for the ninth judicial district to
80.4implement the pilot projects on the six-month
80.5review of child custody, parenting time, and
80.6support orders, and on the accounting for
80.7child support by obligees.
80.8EFFECTIVE DATE.This section is effective July 1, 2007.
80.9 Sec. 37. Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to
80.10read:
80.11
|
Sec. 2.SUPREME COURT
|
$
|
38,806,000
|
$
|
36,439,000
|
80.12Report on Court Fees. The state court
80.13administrator shall review and report back
80.14on the financial consequences of policy
80.15changes made in the following areas: (1)
80.16criminal and traffic offender surcharges; (2)
80.17public defender co-pays; and (3) the use
80.18of revenue recapture to collect the public
80.19defender co-pay. The report shall also list
80.20the local governmental units that employ
80.21administrative procedures to collect fines
80.22for ordinance violations. The state court
80.23administrator must submit the report to the
80.24chairs and ranking minority members on the
80.25committees that have jurisdiction over court
80.26funding by January 15 of each year.
80.27$5,000 each year is for a contingent account
80.28for expenses necessary for the normal
80.29operation of the court for which no other
80.30reimbursement is provided.
81.1Legal Services to Low-Income Clients in
81.2Family Law Matters. Of this appropriation,
81.3$877,000 each year is to improve the
81.4access of low-income clients to legal
81.5representation in family law matters. This
81.6appropriation must be distributed under
81.7Minnesota Statutes, section
480.242, to
81.8the qualified legal services programs
81.9described in Minnesota Statutes, section
81.10480.242, subdivision 2
, paragraph (a). Any
81.11unencumbered balance remaining in the first
81.12year does not cancel and is available in the
81.13second year.
81.14Of this appropriation, $355,000 in fiscal
81.15year 2005 is for the implementation of
81.16the Minnesota Child Support Act and is
81.17contingent upon its enactment. This is a
81.18onetime appropriation.
81.19EFFECTIVE DATE.This section is effective July 1, 2007.
81.20 Sec. 38.
PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
81.21 The State Board of Public Defense and the Hennepin County Board of
81.22Commissioners shall jointly prepare a report to the legislature on the history of the
81.23funding of the public defender's office in the Fourth Judicial District provided by the state
81.24and Hennepin County. The report must compare the costs and services provided by the
81.25Fourth Judicial District Public Defender's Office to the costs and services provided by the
81.26state Board of Public Defense in all other public defender district offices. The report must
81.27detail the amount of funding provided by Hennepin County to the Fourth Judicial District
81.28Public Defender's Office and the amount necessary for the state to assume the full costs of
81.29the public defender duties in the Fourth Judicial District as in the other judicial districts
81.30throughout the state. The report must also recommend specific legislation that would
81.31provide for an appropriate resolution of the state and local funding of the Fourth Judicial
81.32District Public Defender's Office. The report must be completed by October 1, 2007, and
81.33be submitted to the commissioner of finance, the chairs and ranking minority members of
81.34the senate and house committees and divisions with jurisdiction over finance, judiciary,
81.35judiciary finance, and public safety finance, and the house Ways and Means Committee.
82.1EFFECTIVE DATE.This section is effective July 1, 2007.
82.2 Sec. 39.
REPORT.
82.3 The commissioner of commerce shall monitor compliance with the good faith
82.4obligations of insurers imposed by Minnesota Statutes, section 604.18 and prepare a
82.5compliance report and submit it to the house and senate standing committees with
82.6jurisdiction over insurance matters on January 1 of each year. The commissioner shall
82.7also submit a copy of the report to the state court administrator to assist the administrator
82.8in monitoring the impact on the state court system of the enactment of Minnesota
82.9Statutes, section 604.18. The report must also include the information received by the
82.10commissioner under Minnesota Statutes, section 604.18, subdivision 3.
82.11EFFECTIVE DATE.This section is effective July 1, 2007.
82.12 Sec. 40.
REPEALER.
82.13Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; 611.20,
82.14subdivision 5; and 626A.17, subdivision 3, are repealed.
82.15EFFECTIVE DATE.This section is effective July 1, 2007.
82.18 Section 1. Minnesota Statutes 2006, section 16A.72, is amended to read:
82.1916A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
82.20 All income, including fees or receipts of any nature, shall be credited to the general
82.21fund, except:
82.22 (1) federal aid;
82.23 (2) contributions, or reimbursements received for any account of any division or
82.24department for which an appropriation is made by law;
82.25 (3) income to the University of Minnesota;
82.26 (4) income to revolving funds now established in institutions under the control of the
82.27commissioners of corrections or human services;
82.28 (5) investment earnings resulting from the master lease program, except that the
82.29amount credited to another fund or account may not exceed the amount of the additional
82.30expense incurred by that fund or account through participation in the master lease program;
82.31 (6) investment earnings resulting from any gift, donation, devise, endowment, trust,
82.32or court ordered or approved escrow account or trust fund, which should be credited to the
82.33fund or account and appropriated for the purpose for which it was received;
82.34 (7) receipts from the operation of patients' and inmates' stores and
patients' vending
82.35machines, which shall be deposited in the social welfare fund
, or in the case of prison
83.1industries in the correctional revolving fund, in each institution for the benefit of the
83.2patients and inmates;
83.3 (8)
money received in payment for services of inmate labor employed in the
83.4industries carried on in the state correctional facilities which receipts shall be credited to
83.5the current expense fund of those facilities income to prison industries which shall be
83.6credited to the correctional industries revolving fund;
83.7 (9) as provided in sections
16B.57 and
85.22;
83.8 (10) income to the Minnesota Historical Society;
83.9 (11) the percent of income collected by a private collection agency and retained by
83.10the collection agency as its collection fee; or
83.11 (12) as otherwise provided by law.
83.12EFFECTIVE DATE.This section is effective July 1, 2007.
83.13 Sec. 2. Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:
83.14 Subd. 2.
Public entities; purchases from corrections industries. (a) The
83.15commissioner of corrections, in consultation with the commissioner of administration,
83.16shall prepare updated lists of the items available for purchase from Department of
83.17Corrections industries and annually forward a copy of the most recent list to all public
83.18entities within the state. A public entity that is supported in whole or in part with funds
83.19from the state treasury may purchase items directly from corrections industries. The bid
83.20solicitation process is not required for these purchases.
83.21 (b) The commissioner of administration shall develop a contract or contracts
83.22to enable public entities to purchase items directly from corrections industries.
The
83.23commissioner of administration, in consultation with the commissioner of corrections,
83.24shall determine the fair market price for listed items. The commissioner of administration
83.25shall require that all requests for bids or proposals, for items provided by corrections
83.26industries, be forwarded to the commissioner of corrections to enable corrections industries
83.27to submit bids. The commissioner of corrections shall consult with the commissioner of
83.28administration prior to introducing new products to the state agency market.
83.29 (c) No public entity may evade the intent of this section by adopting slight variations
83.30in specifications, when Minnesota corrections industry items meet the reasonable needs
83.31and specifications of the public entity.
83.32 (d) The commissioners of administration and corrections shall develop annual
83.33performance measures outlining goals to maximize inmate work program participation.
83.34The commissioners of administration and corrections shall appoint cochairs for a task
83.35force whose purpose is to determine additional methods to achieve the performance
84.1goals for public entity purchasing. The task force shall include representatives from the
84.2Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and
84.3Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association
84.4of Counties, and administrators with purchasing responsibilities from the Minnesota state
84.5Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources,
84.6Human Services, Health, and Employment and Economic Development. Notwithstanding
84.7section
15.059, the task force created in this paragraph expires on June 30, 2003.
84.8 (e) If performance goals for public entity purchasing are not achieved in two
84.9consecutive fiscal years, public entities shall purchase items available from corrections
84.10industries. The commissioner of administration shall be responsible for notifying public
84.11entities of this requirement.
84.12EFFECTIVE DATE.This section is effective July 1, 2007.
84.13 Sec. 3. Minnesota Statutes 2006, section 16C.23, subdivision 2, is amended to read:
84.14 Subd. 2.
Surplus property. "Surplus property" means state or federal commodities,
84.15equipment, materials, supplies, books, printed matter, buildings, and other personal or real
84.16property that is obsolete, unused, not needed for a public purpose, or ineffective for current
84.17use.
Surplus property does not include products manufactured by or held in inventory by
84.18prison industries for sale to the general public in the normal course of its business.
84.19EFFECTIVE DATE.This section is effective July 1, 2007.
84.20 Sec. 4. Minnesota Statutes 2006, section 241.018, is amended to read:
84.21241.018 PER DIEM CALCULATION.
84.22 Subdivision 1. State correctional facilities. (a) The commissioner of corrections
84.23shall develop a uniform method to calculate the average department-wide per diem cost
84.24of incarcerating offenders at state adult correctional facilities. In addition to other costs
84.25currently factored into the per diem, it must include an appropriate percentage of capitol
84.26costs for all adult correctional facilities and 65 percent of the department's management
84.27services budget.
84.28 (b) The commissioner also shall use this method of calculating per diem costs
84.29for offenders in each state adult correctional facility. When calculating the per diem
84.30cost of incarcerating offenders at a particular facility, the commissioner shall include
84.31an appropriate percentage of capital costs for the facility and an appropriate prorated
84.32amount, given the facility's population, of 65 percent of the department's management
84.33services budget.
85.1 (c) The commissioner shall ensure that these new per diem methods are used in
85.2all future annual performance reports to the legislature and are also reflected in the
85.3department's biennial budget document.
85.4 Subd. 2. Local correctional facilities. (a) The commissioner of corrections shall
85.5develop a uniform method to calculate the average per diem cost of incarcerating offenders
85.6in county and regional jail facilities licensed by the commissioner under section 241.021,
85.7subdivision 1, paragraph (a).
85.8 (b) Each county and regional jail in the state must annually provide the commissioner
85.9with a per diem calculation based on the formula the commissioner promulgates pursuant
85.10to paragraph (a).
85.11 (c) The commissioner shall include the county and regional jail per diem data
85.12collected under paragraph (b) in the Department of Correction's annual performance report
85.13to the legislature mandated by section 241.016.
85.14EFFECTIVE DATE.This section is effective July 1, 2007.
85.15 Sec. 5. Minnesota Statutes 2006, section 241.27, subdivision 1, is amended to read:
85.16 Subdivision 1.
Establishment of Minnesota correctional industries; MINNCOR
85.17industries. For the purpose of providing adequate, regular and suitable employment,
85.18vocational educational training, and to aid the inmates of state correctional facilities,
85.19the commissioner of corrections may establish, equip, maintain and operate at any
85.20correctional facility under the commissioner's control such industrial and commercial
85.21activities as may be deemed necessary and suitable to the profitable employment,
85.22vocational educational training and development of proper work habits of the inmates of
85.23state correctional facilities. The industrial and commercial activities authorized by this
85.24section
are designated MINNCOR industries and shall be for the primary purpose of
85.25sustaining and ensuring MINNCOR industries' self-sufficiency, providing
vocational
85.26educational training, meaningful employment and the teaching of proper work habits to
85.27the inmates of correctional facilities under the control of the commissioner of corrections,
85.28and not
solely as competitive business ventures.
The net profits from these activities shall
85.29be used for the benefit of the inmates as it relates to education, self-sufficiency skills, and
85.30transition services and not to fund non-inmate-related activities or mandates. Prior to the
85.31establishment of any industrial and commercial activity, the commissioner of corrections
85.32may consult with representatives of business, industry, organized labor, the state
85.33Department of Education, the state Apprenticeship Council, the state Department of Labor
85.34and Industry, the Department of Employment Security, the Department of Administration,
85.35and such other persons and bodies as the commissioner may feel are qualified to determine
86.1the quantity and nature of the goods, wares, merchandise and services to be made or
86.2provided, and the types of processes to be used in their manufacture, processing, repair,
86.3and production consistent with the greatest opportunity for the reform and
vocational
86.4educational training of the inmates, and with the best interests of the state, business,
86.5industry and labor.
86.6 The commissioner of corrections shall, at all times in the conduct of any industrial
86.7or commercial activity authorized by this section, utilize inmate labor to the greatest
86.8extent feasible, provided, however, that the commissioner may employ all administrative,
86.9supervisory and other skilled workers necessary to the proper instruction of the inmates
86.10and the profitable and efficient operation of the industrial and commercial activities
86.11authorized by this section.
86.12 Additionally, the commissioner of corrections may authorize the director of any
86.13correctional facility under the commissioner's control to accept work projects from outside
86.14sources for processing, fabrication or repair, provided that preference shall be given to the
86.15performance of such work projects for state departments and agencies.
86.16EFFECTIVE DATE.This section is effective July 1, 2007.
86.17 Sec. 6. Minnesota Statutes 2006, section 241.27, subdivision 2, is amended to read:
86.18 Subd. 2.
Revolving fund; use of fund. There is established in the Department
86.19of Corrections under the control of the commissioner of corrections the Minnesota
86.20correctional industries revolving fund to which shall be transferred the revolving funds
86.21authorized in Minnesota Statutes 1978, sections
243.41 and
243.85, clause (f), and any
86.22other industrial revolving funds heretofore established at any state correctional facility
86.23under the control of the commissioner of corrections. The revolving fund established
86.24shall be used for the conduct of the industrial and commercial activities now or hereafter
86.25established at any state correctional facility, including but not limited to the purchase of
86.26equipment, raw materials, the payment of salaries, wages and other expenses necessary
86.27and incident thereto. The purchase of
services, materials
, and commodities
used in and
86.28held for resale are not subject to the competitive bidding procedures of section
16C.06, but
86.29are subject to all other provisions of chapters 16B and 16C
, unless otherwise identified.
86.30When practical, purchases must be made from small targeted group businesses designated
86.31under section
16C.16. Additionally, the expenses of inmate
vocational educational
86.32training
, self-sufficiency skills, transition services, and the inmate release fund may be
86.33financed from the correctional industries revolving fund in an amount to be determined
86.34by the commissioner
or the MINNCOR chief executive officer as duly appointed by the
86.35commissioner. The proceeds and income from all industrial and commercial activities
87.1conducted at state correctional facilities shall be deposited in the correctional industries
87.2revolving fund subject to disbursement as hereinabove provided. The commissioner of
87.3corrections may request that money in the fund be invested pursuant to section
11A.25;
87.4the proceeds from the investment not currently needed shall be accounted for separately
87.5and credited to the fund.
87.6EFFECTIVE DATE.This section is effective July 1, 2007.
87.7 Sec. 7. Minnesota Statutes 2006, section 241.27, subdivision 3, is amended to read:
87.8 Subd. 3.
Disbursement from fund. The correctional industries revolving fund
87.9shall be deposited in the state treasury and paid out only on proper vouchers as may be
87.10authorized and approved by the commissioner of corrections, and in the same manner and
87.11under the same restrictions as are now provided by law for the disbursement of funds by
87.12the commissioner.
An amount deposited in the state treasury equal to six months of net
87.13operating cash as determined by the prior 12 months of revenue and cash flow statements,
87.14shall be restricted for use only by correctional industries as described under subdivision
87.152. For purposes of this subdivision, "net operating cash" means net income minus sales
87.16plus cost of goods sold. Cost of goods sold include all direct costs of correctional industry
87.17products attributable to their production. The commissioner of corrections is authorized
87.18to keep and maintain at any correctional facility under the commissioner's control a
87.19contingent fund, as provided in section
241.13; but the contingent fund shall at all times
87.20be covered and protected by a proper and sufficient bond to be duly approved as by law
87.21now provided.
87.22EFFECTIVE DATE.This section is effective July 1, 2007.
87.23 Sec. 8. Minnesota Statutes 2006, section 241.27, subdivision 4, is amended to read:
87.24 Subd. 4.
Revolving fund; borrowing. The commissioner of corrections is
87.25authorized, when in the commissioner's judgment it becomes necessary in order to meet
87.26current demands on the correctional industries revolving fund, to borrow sums of money
87.27as may be necessary. The sums so borrowed shall not exceed, in any one year,
50 percent
87.28of the total of the net worth of correctional industries six months of net operating cash as
87.29determined by the previous 12 months of the correctional industries' revenue and cash
87.30flow statements.
87.31 When the commissioner of corrections shall certify to the commissioner of finance
87.32that, in the commissioner's judgment, it is necessary to borrow a specified sum of money
87.33in order to meet the current demands on the correctional industries revolving fund, and the
87.34commissioner of finance may, in the commissioner's discretion, transfer and credit to the
87.35correctional industries revolving fund, from any moneys in the state treasury not required
88.1for immediate disbursement, the whole or such part of the amount so certified as they
88.2deem advisable, which sum so transferred shall be repaid by the commissioner from the
88.3revolving fund to the fund from which transferred, at such time as shall be specified by the
88.4commissioner of finance, together with interest thereon at such rate as shall be specified
88.5by the commissioner of finance, not exceeding four percent per annum. When any transfer
88.6shall so have been made to the correctional industries revolving fund, the commissioner
88.7of finance shall notify the commissioner of corrections of the amount so transferred to
88.8the credit of the correctional industries revolving fund, the date when the same is to be
88.9repaid, and the rate of interest so to be paid.
88.10EFFECTIVE DATE.This section is effective July 1, 2007.
88.11 Sec. 9. Minnesota Statutes 2006, section 241.278, is amended to read:
88.12241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY
88.13JAIL INMATES.
88.14 The commissioner of corrections, in the interest of inmate rehabilitation
or to
88.15promote programs under section 241.275, subdivision 2, may enter into interagency
88.16agreements with state, county, or municipal agencies, or contract with nonprofit agencies
88.17to
manage, fund
, or partially fund the cost of programs that use state or county jail
88.18inmates as a work force. The commissioner is authorized to receive funds via these
88.19agreements and these funds are appropriated to the commissioner for community service
88.20programming
or when prison industries are party to the agreement, shall be deposited in
88.21the Minnesota correctional industries revolving fund for use as described under section
88.22241.27, subdivision 2.
88.23EFFECTIVE DATE.This section is effective July 1, 2007.
88.24 Sec. 10. Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:
88.25 Subd. 3.
Transfer. If the licensed mental health professional finds the person to be a
88.26person who is mentally ill and in need of short-term care, the
examining licensed mental
88.27health care professional may recommend transfer by the commissioner of corrections to
88.28the mental health unit established pursuant to subdivision 1.
88.29EFFECTIVE DATE.This section is effective July 1, 2007.
88.30 Sec. 11. Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
88.31 Subd. 4.
Commitment. If the
examining licensed mental health care professional or
88.32licensed mental health professional finds the person to be a person who is mentally ill and
88.33in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision
88.343 refuses to voluntarily participate in the treatment program at the mental health unit, the
89.1director of psychological services of the institution or the mental health professional shall
89.2initiate proceedings for judicial commitment as provided in section
253B.07. Upon the
89.3recommendation of the licensed mental health professional and upon completion of the
89.4hearing and consideration of the record, the court may commit the person to the mental
89.5health unit established in subdivision 1 or to another hospital. A person confined in a state
89.6correctional institution for adults who has been adjudicated to be a person who is mentally
89.7ill and in need of treatment may be committed to the commissioner of corrections and
89.8placed in the mental health unit established in subdivision 1.
89.9EFFECTIVE DATE.This section is effective July 1, 2007.
89.10 Sec. 12. Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:
89.11 Subd. 6.
Rules and regulations. The county may promulgate rules and regulations
89.12for the proper operation and maintenance of each facility and the proper care and discipline
89.13of inmates detained in the facility. These rules and regulations may, among other things,
89.14provide for the diminution of sentences of inmates for good behavior
, but in no event to
89.15exceed a total of five days for each 30 day sentence in accordance with section 643.29.
89.16EFFECTIVE DATE.This section is effective July 1, 2007.
89.17 Sec. 13. Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:
89.18 Subd. 7.
Confinement of inmates from other counties. The county may accept
89.19an inmate for confinement at a county correction facility when the inmate is committed
89.20to the facility by order of a judge of a municipality or county outside Ramsey County if
89.21the county is paid the amount of compensation for board, confinement
, and maintenance
89.22of the inmate that it determines.
No compensation of this kind may be in an amount less
89.23than the actual per diem cost per person confined. A county outside Ramsey County or
89.24a municipality outside Ramsey County may enter into and agree with Ramsey County
89.25for the incarceration of prisoners.
89.26EFFECTIVE DATE.This section is effective July 1, 2007.
89.27 Sec. 14. Minnesota Statutes 2006, section 401.15, subdivision 1, is amended to read:
89.28 Subdivision 1.
Certified statements; determinations; adjustments. On or before
89.29Within 60 days of the end of each calendar quarter, participating counties which have
89.30received the payments authorized by section
401.14 shall submit to the commissioner
89.31certified statements detailing the amounts expended and costs incurred in furnishing the
89.32correctional services provided in sections
401.01 to
401.16. Upon receipt of certified
89.33statements, the commissioner shall, in the manner provided in sections
401.10 and
89.34401.12
, determine the amount each participating county is entitled to receive, making any
90.1adjustments necessary to rectify any disparity between the amounts received pursuant to
90.2the estimate provided in section
401.14 and the amounts actually expended. If the amount
90.3received pursuant to the estimate is greater than the amount actually expended during the
90.4quarter, the commissioner may withhold the difference from any subsequent monthly
90.5payments made pursuant to section
401.14. Upon certification by the commissioner of
90.6the amount a participating county is entitled to receive under the provisions of section
90.7401.14
or of this subdivision the commissioner of finance shall thereupon issue a state
90.8warrant to the chief fiscal officer of each participating county for the amount due together
90.9with a copy of the certificate prepared by the commissioner.
90.10EFFECTIVE DATE.This section is effective July 1, 2007.
90.11 Sec. 15. Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
90.12 Subd. 2.
Withdrawal. A county board may withdraw from cooperation in a regional
90.13jail system
if the county boards of all of the other cooperating counties decide, by majority
90.14vote, to allow the withdrawal in accordance with the terms of a joint powers agreement.
90.15With the approval of the county board of each cooperating county, the regional jail board
90.16shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital
90.17cost, debt service, or lease rental payments made by the county prior to withdrawal, in
90.18excess of its proportionate share of benefits from the regional jail prior to withdrawal, and
90.19the time and manner of making the payments. The payments shall be deemed additional
90.20payments of capital cost, debt service, or lease rentals to be made proportionately by the
90.21remaining counties and, when received, shall be deposited in and paid from the regional
90.22jail fund; provided that:
90.23 (a) (1) payments shall not be made from any amounts in the regional jail fund
90.24which are needed for maintenance and operation expenses or lease rentals currently due
90.25and payable; and
90.26 (b) (2) the withdrawing county shall remain obligated for the payment of its
90.27proportionate share of any lease rentals due and payable after its withdrawal, in the
90.28event and up to the amount of any lease payment not made when due by one or more of
90.29the other cooperating counties.
90.30EFFECTIVE DATE.This section is effective July 1, 2007.
90.31 Sec. 16.
REPEALER.
90.32Minnesota Statutes 2006, sections 241.021, subdivision 5; and 241.85, subdivision
90.332, are repealed.
90.34EFFECTIVE DATE.This section is effective July 1, 2007.
91.2OFFENDER RE-ENTRY POLICY
91.3 Section 1. Minnesota Statutes 2006, section 241.016, subdivision 1, is amended to read:
91.4 Subdivision 1.
Biennial report. (a) The Department of Corrections shall submit a
91.5performance report to the chairs and ranking minority members of the senate and house
91.6committees and divisions having jurisdiction over criminal justice funding by January
91.715, 2005, and every other year thereafter. The issuance and content of the report must
91.8include the following:
91.9 (1) department strategic mission, goals, and objectives;
91.10 (2) the department-wide per diem, adult facility-specific per diems, and an average
91.11per diem, reported in a standard calculated method as outlined in the departmental policies
91.12and procedures;
91.13 (3) department annual statistics as outlined in the departmental policies and
91.14procedures; and
91.15 (4) information about prison-based mental health programs, including, but not
91.16limited to, the availability of these programs, participation rates, and completion rates.
91.17 (b) The department shall maintain recidivism rates for adult facilities on an annual
91.18basis. In addition, each year the department shall, on an alternating basis, complete a
91.19recidivism analysis of adult facilities, juvenile services, and the community services
91.20divisions and include a three-year recidivism analysis in the report described in paragraph
91.21(a).
When appropriate, the The recidivism analysis must
: (1) assess include education
91.22programs, vocational programs, treatment programs, including mental health programs,
91.23industry, and employment
; and (2) assess state-wide re-entry policies and funding,
91.24including post-release treatment, education, training, and supervision. In addition, when
91.25reporting recidivism for the department's adult and juvenile facilities, the department shall
91.26report on the extent to which offenders it has assessed as chemically dependent commit
91.27new offenses, with separate recidivism rates reported for persons completing and not
91.28completing the department's treatment programs.
91.29EFFECTIVE DATE.This section is effective July 1, 2007.
91.30 Sec. 2.
[241.86] FIVE-YEAR DEMONSTRATION PROJECT FOR HIGH-RISK
91.31ADULTS.
91.32 Subdivision 1. Definition. For purposes of this section, "high-risk adult" means an
91.33adult with a history of some combination of substance abuse, mental illness, chronic
91.34unemployment, incarceration, or homelessness. High-risk adults are considered to be very
91.35likely to enter or reenter state or county correctional programs or chemical or mental
91.36health programs.
92.1 Subd. 2. Establishment. (a) The Department of Corrections shall contract with
92.2one nonprofit entity to conduct this five-year demonstration project and document the
92.3effectiveness of this model. Initially, the demonstration will operate in the Twin Cities
92.4metropolitan area.
92.5 (b) The contractor must, at a minimum, meet the following criteria:
92.6 (1) be an incorporated, nonprofit organization that is capable of managing and
92.7operating a multidisciplinary model for providing high-risk adults with housing, short-term
92.8work, health care, behavioral health care, and community reengagement;
92.9 (2) demonstrate an ability to organize and manage an alliance of nonprofit
92.10organizations providing services to high-risk adults;
92.11 (3) have organizational leaders with a demonstrated ability to organize, manage,
92.12and lead service teams consisting of workers from multiple service providers that deliver
92.13direct support to high-risk adults;
92.14 (4) have experience with providing a comprehensive set of housing, work, health
92.15care, behavioral health care, and community reengagement services to high-risk adults; and
92.16 (5) be a recipient of foundation and other private funds for the refinement and testing
92.17of a demonstration of this type.
92.18 Subd. 3. Scope of the five-year demonstration project. The contractor undertaking
92.19this five-year demonstration project shall, as part of this project:
92.20 (1) enroll up to 500 eligible high-risk adults over the five-year demonstration project
92.21period, starting December 1, 2007, and ending December 31, 2012;
92.22 (2) using best practices derived from research and testing, provide or assist in
92.23arranging access to services for high-risk adults enrolled in the demonstration project,
92.24including, at a minimum, housing, behavioral health services, health care, employment,
92.25and community and family reengagement;
92.26 (3) maximize the performance of existing services and programs by coordinating
92.27access to and the delivery of these services; and
92.28 (4) define conditions under which enrollees are considered to be in good standing
92.29and allowed to remain in the demonstration project. These conditions may include, but
92.30are not limited to:
92.31 (i) living in stable and safe housing;
92.32 (ii) working and earning an income;
92.33 (iii) paying child support, if appropriate;
92.34 (iv) participating in treatment programs, if appropriate; and
92.35 (v) no arrests.
93.1 Subd. 4. Payment. The commissioner shall pay from grant funds for this
93.2demonstration project, to the entity under contract, a monthly flat fee of $1,600 for every
93.3enrollee who is in good standing in the demonstration project.
93.4 Subd. 5. Report. (a) The entity shall submit annually a report to the commissioners
93.5of corrections, human services, employment and economic development, and housing
93.6finance and the legislature on or before January 15 of each year, beginning January 15,
93.72008. The report must include:
93.8 (1) the number of participants who have been enrolled and the number currently
93.9participating in the demonstration project;
93.10 (2) a description of the services provided to enrollees over the past year and over the
93.11duration of the demonstration project to date;
93.12 (3) an accounting of the costs associated with the enrollees over the past year and
93.13over the duration of the demonstration project to date; and
93.14 (4) any other information requested by the commissioners of corrections, housing,
93.15employment and economic development, and human services and the legislature.
93.16 (b) The report shall include recommendations on improving and expanding the
93.17project to other geographical areas of the state.
93.18 (c) The report shall include an update on the status of the independent evaluation
93.19required in subdivision 7.
93.20 Subd. 6. Independent evaluation. An independent evaluator selected by the
93.21commissioner of corrections, in consultation with the contractor conducting the project,
93.22must conduct an evaluation of the project. The independent evaluator must complete and
93.23submit a report of findings and recommendations to the commissioners of corrections,
93.24housing finance, human services, education, and employment and economic development
93.25and the legislature. This independent evaluation must be developed and implemented
93.26concurrently with the five-year demonstration project, beginning on December 1, 2007.
93.27The final report to the legislature is due on or before January 15, 2013.
93.28 Subd. 7. Sunset. This section expires December 31, 2013.
93.29EFFECTIVE DATE.This section is effective July 1, 2007.
93.30 Sec. 3.
[299A.82] MENTORING GRANT FOR CHILDREN OF
93.31INCARCERATED PARENTS.
93.32 Subdivision 1. Mentoring grant. The commissioner of corrections shall award
93.33grants to nonprofit organizations that provide one-to-one mentoring relationships to
93.34youth enrolled between the ages of seven to 13 whose parent or other significant family
93.35member is incarcerated in a county workhouse, county jail, state prison, or other type of
94.1correctional facility or is subject to correctional supervision. The intent of the grant is
94.2to provide children with adult mentors to strengthen developmental outcomes, including
94.3enhanced self-confidence and esteem; improved academic performance; and improved
94.4relationships with peers, family, and other adults that may prevent them from entering the
94.5juvenile justice system.
94.6 Subd. 2. Grant criteria. As a condition of receiving the grant, the grant recipient
94.7must:
94.8 (1) collaborate with other organizations that have a demonstrated history of
94.9providing services to youth and families in disadvantaged situations;
94.10 (2) implement procedures to ensure that 100 percent of the mentors pose no safety
94.11risk to the child and have the skills to participate in a mentoring relationship;
94.12 (3) provide enhanced training to mentors focusing on asset building and family
94.13dynamics when a parent is incarcerated; and
94.14 (4) provide an individual family plan and aftercare.
94.15 Subd. 3. Program evaluation. The grant recipient must submit an evaluation plan
94.16to the commissioner delineating the program and student outcome goals and activities
94.17implemented to achieve the stated outcomes. The goals must be clearly stated and
94.18measurable. The grant recipient must collect, analyze, and report on participation and
94.19outcome data that enable the department to verify that the program goals were met.
94.20EFFECTIVE DATE.This section is effective July 1, 2007.
94.21 Sec. 4.
LEGISLATIVE WORKING GROUP ON OFFENDER REENTRY.
94.22 (a) The chairs of the house public safety finance committee and the senate public
94.23safety budget division, or their designees, shall co-chair an offender re-entry working
94.24group. The working group shall review, examine and, where the group deems necessary,
94.25formulate legislative proposals addressing the following issues:
94.26 (1) the Department of Corrections' role in offender re-entry, including pre and
94.27post-release planning, education, treatment, housing, and employment;
94.28 (2) housing for offenders upon release from prison, including offender housing plans
94.29and the need for and placement of halfway houses;
94.30 (3) the Department of Human Services and the Department of Housing Finance
94.31Administration's role in assisting recently released offenders with housing;
94.32 (4) pre and post-release offender drug treatment policies, programs, and funding;
94.33 (5) drug sentencing, including an assessment of the costs and benefits of
94.34adjusting drug weight thresholds in controlled substance offenses in chapter 152 and
95.1the proportionality of Minnesota's drug sentences as compared to sentences for other
95.2Minnesota offenses and drug sentences in other states in the upper midwest;
95.3 (6) creation of an early discharge committee to recommend the release of offenders
95.4who make significant and measurable progress in treatment, education, job skill training
95.5and overall behavior before their term of imprisonment expires;
95.6 (7) defining the class of offenders who are eligible for early release, if an early
95.7discharge committee is recommended;
95.8 (8) establishing re-entry courts to oversee post-prison supervision of offenders;
95.9 (9) how the current system of probation supervision affects recidivism and if the
95.10system needs to be reformed;
95.11 (10) the need for and value of collateral employment sanctions associated with
95.12certain offenses;
95.13 (11) juvenile offender re-entry;
95.14 (12) extending tax credits to businesses that employ offenders recently released
95.15from prison; and
95.16 (13) any other matter relevant to promoting successful offender reentry.
95.17 (b) At the invitation of the co-chairs, the group shall include members of the House
95.18and Senate and representatives from the Department of Corrections, the Sentencing
95.19Guidelines Commission, the courts, law enforcement, probation, county attorneys, the
95.20Board of Public Defense, private criminal defense bar, and the Minnesota Comprehensive
95.21Offender Reentry Plan Steering Committee.
95.22 (c) The House co-chair shall convene and lead the first session of the working group
95.23on or before August 1, 2007. The co-chairs or their designees shall alternate leading
95.24working group sessions. The group shall meet at least twice a month.
95.25 (d) The working group shall develop policy recommendations by November 1, 2007,
95.26and prepare draft legislation on or before December 15, 2007.
95.27 (e) Legislative staff is authorized to assist the working group, as the co-chairs deem
95.28necessary.
95.29 (f) The working group expires on December 15, 2007.
95.30EFFECTIVE DATE.This section is effective July 1, 2007.
95.31 Sec. 5.
RE-ENTRY GRANT ADDRESSING DOMESTIC VIOLENCE AND
95.32INTIMATE PARTNER VIOLENCE.
95.33 Subdivision 1. Re-entry grant. The commissioner of corrections shall award a
95.34grant to a nonprofit having a section 501(c)(3) status with the Internal Revenue Service
95.35or a public or private institution of higher education that has expertise in addressing the
96.1intersection between offender re-entry and domestic violence. The intent of the grant is
96.2to provide services to re-entering offenders and their intimate partners to: (1) reduce the
96.3incidence of domestic violence among offenders re-entering the community; (2) reduce
96.4occurrences of domestic violence, serious injury, and death experienced by intimate
96.5partners who are in relationships with offenders recently released from jail or prison; and
96.6(3) reduce criminal recidivism due to domestic violence.
96.7 Subd. 2. Grant criteria. As a condition of receiving the grant, the grant recipient
96.8must:
96.9 (1) subcontract with at least one community-based domestic abuse counseling
96.10or educational program and at least one crime victim service provider to provide
96.11comprehensive services to recently released offenders and their intimate partners;
96.12 (2) train the organizations selected pursuant to clause (1) on research-based practices
96.13and best practices in addressing the intersection of offender re-entry and domestic
96.14violence; and
96.15 (3) serve as liaison to the department of corrections and provide technical assistance,
96.16training, and coordination to the organizations selected pursuant to clause (1) in
96.17implementing policies that address the intersection of offender re-entry and domestic
96.18violence.
96.19 Subd. 3. Program evaluation. The grant recipient must rigorously evaluate the
96.20effectiveness of its intervention and work with subcontracted organizations to collect data.
96.21The grant recipient must submit an evaluation plan to the commissioner of corrections
96.22delineating project goals and specific activities performed to achieve those goals.
96.23EFFECTIVE DATE.This section is effective July 1, 2007.
96.24 Sec. 6.
PILOT PROJECT.
96.25 (a) The commissioner of corrections shall issue a grant to a nonprofit organization to
96.26establish a pilot project to provide employment services to ex-criminal offenders living
96.27in the North Minneapolis community. The pilot project must provide the ex-offender
96.28participants with a continuum of employment services that identifies their needs;
96.29intervenes with them through case management if they are struggling; and provides them
96.30with work readiness, skill training, chemical and mental health referrals, housing support,
96.31job placement, work experience, and job retention support. The pilot project shall work
96.32with community corrections officials, faith-based organizations, and businesses to create
96.33an array of support opportunities for the participants.
96.34 (b) By January 15, 2010, the commissioner of corrections shall report to the chairs
96.35and ranking minority members of the senate and house of representatives committees and
97.1divisions having jurisdiction over criminal justice policy and funding on the activities
97.2conducted by the grant recipient and the effectiveness of the pilot project.
97.3EFFECTIVE DATE.This section is effective July 1, 2007.
97.5PUBLIC SAFETY AND LAW ENFORCEMENT
97.6 Section 1. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
97.7 Subdivision 1.
Criminal history data. (a)
Definition. For purposes of this
97.8subdivision, "criminal history data" means all data maintained in criminal history
97.9records compiled by the Bureau of Criminal Apprehension and disseminated through
97.10the criminal justice information system, including, but not limited to fingerprints,
97.11photographs, identification data, arrest data, prosecution data, criminal court data, custody
97.12and supervision data.
97.13 (b)
Classification. Criminal history data maintained by agencies, political
97.14subdivisions and statewide systems are classified as private, pursuant to section
13.02,
97.15subdivision 12
, except that data created, collected, or maintained by the Bureau of
97.16Criminal Apprehension that identify an individual who was convicted of a crime, the
97.17offense of which the individual was convicted, associated court disposition and sentence
97.18information, controlling agency, and confinement information are public data for 15 years
97.19following the discharge of the sentence imposed for the offense.
When an innocent party's
97.20name is associated with a criminal history, and a determination has been made through a
97.21fingerprint verification that the innocent party is not the subject of the criminal history, the
97.22name may be redacted from the public criminal history data. The name shall be retained in
97.23the criminal history and classified as private data.
97.24 The Bureau of Criminal Apprehension shall provide to the public at the central office
97.25of the bureau the ability to inspect in person, at no charge, through a computer monitor the
97.26criminal conviction data classified as public under this subdivision.
97.27 (c)
Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
97.28made public by section
13.82.
97.29EFFECTIVE DATE.This section is effective July 1, 2007.
97.30 Sec. 2. Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
97.31 Subdivision 1.
Definition. As used in this section, "crime against the person" means
97.32a violation of any of the following or a similar law of another state or of the United States:
97.33section
609.165;
609.185;
609.19;
609.195;
609.20;
609.205;
609.221;
609.222;
609.223;
97.34609.2231
;
609.224, subdivision 2 or 4;
609.2242, subdivision 2 or 4;
609.2247;
609.235;
97.35609.245, subdivision 1
;
609.25;
609.255;
609.3451, subdivision 2;
609.498, subdivision 1;
98.1609.582, subdivision 1
; or
617.23, subdivision 2; or any felony-level violation of section
98.2609.229
;
609.377;
609.749; or
624.713.
98.3EFFECTIVE DATE.This section is effective the day following final enactment,
98.4and applies retroactively to crimes committed on or after August 1, 2005.
98.5 Sec. 3. Minnesota Statutes 2006, section 244.05, is amended by adding a subdivision
98.6to read:
98.7 Subd. 2a. Random searches. (a) This subdivision applies to inmates who were
98.8convicted of and imprisoned for a violent crime, as defined in section 609.1095, involving
98.9the sale, use, or possession of a controlled substance or a dangerous weapon.
98.10 (b) When an inmate is released on supervised release or parole, the inmate, as a
98.11condition of release, consents to a search of the inmate's person and any motor vehicle
98.12driven by the inmate . The search may be conducted on demand by any parole or
98.13supervised release agent or peace officer.
98.14EFFECTIVE DATE.This section is effective July 1, 2007.
98.15 Sec. 4. Minnesota Statutes 2006, section 260C.209, subdivision 3, is amended to read:
98.16 Subd. 3.
Multistate information. (a) For any assessment completed under this
98.17section, if the responsible social services agency has reasonable cause to believe that the
98.18individual is a multistate offender, the individual must provide the responsible social
98.19services agency or the county attorney with a set of classifiable fingerprints obtained from
98.20an authorized law enforcement agency. The responsible social services agency or county
98.21attorney may obtain criminal history data from the National Criminal Records Repository
98.22by submitting the fingerprints to the Bureau of Criminal Apprehension.
98.23(b) For purposes of this subdivision, the responsible social services agency has
98.24reasonable cause when, but not limited to:
98.25(1) information from the Bureau of Criminal Apprehension indicates that the
98.26individual is a multistate offender;
98.27(2) information from the Bureau of Criminal Apprehension indicates that multistate
98.28offender status is undetermined;
98.29(3) the social services agency has received a report from the individual or a third
98.30party indicating that the individual has a criminal history in a jurisdiction other than
98.31Minnesota; or
98.32(4) the individual is or has been a resident of a state other than Minnesota at any
98.33time during the prior ten years.
98.34(c) In cases involving the emergency placement of children, the social services
98.35agency or county attorney may request a name-based check of the National Criminal
99.1Records Repository. In those cases, fingerprints of the individual being checked must be
99.2forwarded to the Bureau of Criminal Apprehension for submission to the Federal Bureau
99.3of Investigation within 15 calendar days of the name-based check. If the subject of the
99.4name-based check does not provide fingerprints upon request, the child or children must
99.5be removed from the home.
99.6 Sec. 5. Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
99.7 Subd. 2.
Membership. The oversight council shall consist of the following
99.8individuals or their designees:
99.9 (1) the director of the office of special investigations as the representative of the
99.10commissioner of corrections;
99.11 (2) the superintendent of the Bureau of Criminal Apprehension as the representative
99.12of the commissioner of public safety;
99.13 (3) the attorney general;
99.14 (4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association,
99.15two of which must be selected from cities with populations greater than 200,000;
99.16 (5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each
99.17district, two of which must be selected from counties with populations greater than
99.18500,000;
99.19 (6) the United States attorney for the district of Minnesota;
99.20 (7) two county attorneys, selected by the Minnesota County Attorneys Association;
99.21 (8) a command-level representative of a gang strike force;
99.22 (9) a representative from a drug task force, selected by the Minnesota State
99.23Association of Narcotics Investigators;
99.24 (10) a representative from the United States Drug Enforcement Administration;
99.25 (11) a representative from the United States Bureau of Alcohol, Tobacco, and
99.26Firearms;
99.27 (12) a representative from the Federal Bureau of Investigation;
99.28 (13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement
99.29Association;
and
99.30 (14) two additional members who may be selected by the oversight council
;
99.31 (15) a senator who serves on the committee having jurisdiction over criminal justice
99.32policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
99.33and Administration; and
99.34 (16) a representative who serves on the committee having jurisdiction over criminal
99.35justice policy, chosen by the speaker of the house of representatives.
100.1The oversight council may adopt procedures to govern its conduct as necessary and may
100.2select a chair from among its members.
The legislative members of the council may not
100.3vote on matters before the council.
100.4EFFECTIVE DATE.This section is effective July 1, 2007.
100.5 Sec. 6. Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
100.6 Subd. 2.
Task force. (a) The policy group shall appoint A task force
to shall assist
100.7them the policy group in
their its duties. The task force shall monitor, review, and report to
100.8the policy group on CriMNet-related projects and provide oversight to ongoing operations
100.9as directed by the policy group. The task force shall consist of the following members:
100.10 (1) two
sheriffs recommended members appointed by the Minnesota Sheriffs
100.11Association
, at least one of whom must be a sheriff;
100.12 (2) two
police chiefs recommended members appointed by the Minnesota Chiefs of
100.13Police Association
, at least one of whom must be a chief of police;
100.14 (3) two
county attorneys recommended members appointed by the Minnesota
100.15County Attorneys Association
, at least one of whom must be a county attorney;
100.16 (4) two
city attorneys recommended members appointed by the Minnesota League
100.17of Cities
representing the interests of city attorneys, at least one of whom must be a city
100.18attorney;
100.19 (5) two
public defenders members appointed by the Board of Public Defense
, at least
100.20one of whom must be a public defender;
100.21 (6) two district judges appointed by the Judicial Council,
one of whom is currently
100.22assigned to the juvenile court at least one of whom has experience dealing with juvenile
100.23court matters;
100.24 (7) two
community corrections administrators
recommended appointed by the
100.25Minnesota Association of Counties
, representing the interests of local corrections, at least
100.26one of whom represents a community corrections act county;
100.27 (8) two probation officers
appointed by the commissioner of corrections in
100.28consultation with the president of the Minnesota Association of Community Corrections
100.29Act Counties and the president of the Minnesota Association of County Probation Officers;
100.30 (9) four public members
appointed by the governor for a term of six years, one of
100.31whom
has been a victim of crime represents the interests of victims, and two
who of whom
100.32are representatives of the private business community who have expertise in integrated
100.33information systems and who for the purpose of meetings of the full task force may be
100.34compensated pursuant to section
15.059;
101.1 (10) two
court administrators members appointed by the Minnesota Association for
101.2Court Management, at least one of whom must be a court administrator;
101.3 (11) one member of the house of representatives appointed by the speaker of the
101.4house;
101.5 (12) one member of the senate appointed by the majority leader;
101.6 (13)
one member appointed by the attorney general
or a designee;
101.7 (14) two
individuals recommended elected officials appointed by the Minnesota
101.8League of Cities, one of whom works or resides in greater Minnesota and one of whom
101.9works or resides in the seven-county metropolitan area;
101.10 (15) two
individuals recommended elected officials appointed by the Minnesota
101.11Association of Counties, one of whom works or resides in greater Minnesota and one of
101.12whom works or resides in the seven-county metropolitan area;
101.13 (16) the director of the Sentencing Guidelines Commission
or a designee;
101.14 (17) one member appointed by the state chief information officer;
101.15 (18) one member appointed by the commissioner of public safety;
101.16 (19) one member appointed by the commissioner of corrections;
101.17 (20) one member appointed by the commissioner of administration; and
101.18 (21) one member appointed by the chief justice of the Supreme Court.
101.19 (b) In making these appointments, the appointing authority shall select members
101.20with expertise in integrated data systems or best practices.
101.21 (c) The commissioner of public safety may appoint additional, nonvoting members
101.22to the task force as necessary from time to time.
101.23EFFECTIVE DATE.This section is effective July 1, 2007.
101.24 Sec. 7. Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
101.25 Subd. 5.
Review of funding and grant requests. (a) The Criminal and Juvenile
101.26Justice Information Policy Group shall review the funding requests for criminal justice
101.27information systems from state, county, and municipal government agencies. The policy
101.28group shall review the requests for compatibility to statewide criminal justice information
101.29system standards. The review shall be forwarded to the chairs and ranking minority
101.30members of the house and senate committees and divisions with jurisdiction over criminal
101.31justice funding and policy.
101.32 (b) The CriMNet program office, in consultation with the Criminal and Juvenile
101.33Justice Information Task Force and with the approval of the policy group, shall create
101.34the requirements for any grant request and determine the integration priorities for the
102.1grant period. The CriMNet program office shall also review the requests submitted for
102.2compatibility to statewide criminal justice information systems standards.
102.3 (c) The task force shall review funding requests for criminal justice information
102.4systems grants and make recommendations to the policy group. The policy group shall
102.5review the recommendations of the task force and shall make a final recommendation
102.6for criminal justice information systems grants to be made by the commissioner of
102.7public safety. Within the limits of available state appropriations and federal grants, the
102.8commissioner of public safety shall make grants for projects that have been recommended
102.9by the policy group.
102.10 (d) The policy group may approve grants only if the applicant provides an
102.11appropriate share of matching funds as determined by the policy group to help pay up to
102.12one-half of the costs of the grant request. The matching requirement must be constant for
102.13all
counties applicants within each grant offering. The policy group shall adopt policies
102.14concerning the use of in-kind resources to satisfy the match requirement and the sources
102.15from which matching funds may be obtained. Local operational or technology staffing
102.16costs may be considered as meeting this match requirement. Each grant recipient shall
102.17certify to the policy group that it has not reduced funds from local, county, federal, or
102.18other sources which, in the absence of the grant, would have been made available to the
102.19grant recipient to improve or integrate criminal justice technology.
102.20 (e) All grant recipients shall submit to the CriMNet program office all requested
102.21documentation including grant status, financial reports, and a final report evaluating how
102.22the grant funds improved the agency's criminal justice integration priorities. The CriMNet
102.23program office shall establish the recipient's reporting dates at the time funds are awarded.
102.24EFFECTIVE DATE.This section is effective July 1, 2007.
102.25 Sec. 8.
[299F.850] CIGARETTE FIRE SAFETY DEFINITIONS.
102.26 Subdivision 1. Scope. The terms used in sections 299F.850 to 299F.858 have the
102.27meanings given them in this section.
102.28 Subd. 2. Agent. "Agent" means any person licensed by the commissioner of
102.29revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
102.30 Subd. 3. Cigarette. "Cigarette" means any roll for smoking made wholly or in part
102.31of tobacco, the wrapper or cover of which is made of paper or any other substance or
102.32material except tobacco.
102.33 Subd. 4. Manufacturer. "Manufacturer" means:
103.1 (1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes
103.2to be manufactured or produced anywhere that the manufacturer intends to be sold in the
103.3state, including cigarettes intended to be sold in the United States through an importer;
103.4 (2) the first purchaser anywhere that intends to resell in the United States cigarettes
103.5manufactured anywhere that the original manufacturer or maker does not intend to be sold
103.6in the United States; or
103.7 (3) any entity that becomes a successor of an entity described in clause (1) or (2).
103.8 Subd. 5. Quality control and quality assurance program. "Quality control and
103.9quality assurance program" means the laboratory procedures implemented to ensure that
103.10operator bias, systematic and nonsystematic methodological errors, and equipment-related
103.11problems do not affect the results of the testing. This program ensures that the testing
103.12repeatability remains within the required repeatability values stated in section 299F.851,
103.13subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with
103.14sections 299F.850 to 299F.858.
103.15 Subd. 6. Repeatability. "Repeatability" means the range of values within which the
103.16repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
103.17 Subd. 7. Retail dealer. "Retail dealer" means any person, other than a wholesale
103.18dealer, engaged in selling cigarettes or tobacco products.
103.19 Subd. 8. Sale. "Sale" means any transfer of title or possession or both, exchange
103.20or barter, conditional or otherwise, in any manner or by any means whatever or any
103.21agreement therefore. In addition to cash and credit sales, the giving of cigarettes as
103.22samples, prizes, or gifts and the exchanging of cigarettes for any consideration other
103.23than money, are considered sales.
103.24 Subd. 9. Sell. "Sell" means to make a sale or to offer or agree to make a sale.
103.25 Subd. 10. Wholesale dealer. "Wholesale dealer" means any person (1) who sells
103.26cigarettes or tobacco products to retail dealers or other persons for purposes of resale or
103.27(2) who owns, operates, or maintains one or more cigarette or tobacco product vending
103.28machines in, at, or upon premises owned or occupied by any other person.
103.29EFFECTIVE DATE.This section is effective the first day of the 19th month
103.30following the date of its final enactment.
103.31 Sec. 9.
[299F.851] TEST METHOD AND PERFORMANCE STANDARD.
103.32 Subdivision 1. Requirements. (a) Except as provided in this subdivision, no
103.33cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons
103.34located in this state unless (1) the cigarettes have been tested in accordance with the test
104.1method and have met the performance standard specified in this section, (2) a written
104.2certification has been filed by the manufacturer with the state fire marshal in accordance
104.3with section 299F.852, and (3) the cigarettes have been marked in accordance with section
104.4299F.853.
104.5 (b) Testing of cigarettes must be conducted in accordance with the American
104.6Society of Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for
104.7Measuring the Ignition Strength of Cigarettes."
104.8 (c) Testing must be conducted on ten layers of filter paper.
104.9 (d) No more than 25 percent of the cigarettes tested in a test trial in accordance
104.10with this section may exhibit full-length burns. Forty replicate tests comprise a complete
104.11test trial for each cigarette tested.
104.12 (e) The performance standard required by this subdivision must only be applied to a
104.13complete test trial.
104.14 (f) Written certifications must be based upon testing conducted by a laboratory that
104.15has been accredited pursuant to standard ISO/IEC 17025 of the International Organization
104.16for Standardization (ISO), or other comparable accreditation standard required by the
104.17state fire marshal.
104.18 (g) Laboratories conducting testing in accordance with this section shall implement a
104.19quality control and quality assurance program that includes a procedure that will determine
104.20the repeatability of the testing results. The repeatability value must be no greater than 0.19.
104.21 (h) This subdivision does not require additional testing if cigarettes are tested
104.22consistent with sections 299F.850 to 299F.858 for any other purpose.
104.23 (i) Testing performed or sponsored by the state fire marshal to determine a cigarette's
104.24compliance with the performance standard required must be conducted in accordance
104.25with this section.
104.26 Subd. 2. Permeability bands. Each cigarette listed in a certification submitted
104.27pursuant to section 299F.852 that uses lowered permeability bands in the cigarette paper
104.28to achieve compliance with the performance standard set forth in this section must have
104.29at least two nominally identical bands on the paper surrounding the tobacco column. At
104.30least one complete band must be located at least 15 millimeters from the lighting end of
104.31the cigarette. For cigarettes on which the bands are positioned by design, there must
104.32be at least two bands fully located at least 15 millimeters from the lighting end and ten
104.33millimeters from the filter end of the tobacco column, or ten millimeters from the labeled
104.34end of the tobacco column for nonfiltered cigarettes.
104.35 Subd. 3. Equivalent test methods. A manufacturer of a cigarette that the state
104.36fire marshal determines cannot be tested in accordance with the test method prescribed
105.1in subdivision 1, paragraph (b), shall propose a test method and performance standard
105.2for the cigarette to the state fire marshal. Upon approval of the proposed test method
105.3and a determination by the state fire marshal that the performance standard proposed by
105.4the manufacturer is equivalent to the performance standard prescribed in subdivision 1,
105.5paragraph (d), the manufacturer may employ such test method and performance standard
105.6to certify the cigarette pursuant to section 299F.852. If the state fire marshal determines
105.7that another state has enacted reduced cigarette ignition propensity standards that include
105.8a test method and performance standard that are the same as those contained in this
105.9subdivision, and the state fire marshal finds that the officials responsible for implementing
105.10those requirements have approved the proposed alternative test method and performance
105.11standard for a particular cigarette proposed by a manufacturer as meeting the fire safety
105.12standards of that state's law or regulation under a legal provision comparable to this
105.13subdivision, then the state fire marshal shall authorize that manufacturer to employ the
105.14alternative test method and performance standard to certify that cigarette for sale in this
105.15state, unless the state fire marshal demonstrates a reasonable basis why the alternative
105.16test should not be accepted under sections 299F.850 to 299F.858. All other applicable
105.17requirements of this section apply to the manufacturer.
105.18 Subd. 4. Civil penalty. Each manufacturer shall maintain copies of the reports of all
105.19tests conducted on all cigarettes offered for sale for a period of three years, and shall make
105.20copies of these reports available to the state fire marshal and the attorney general upon
105.21written request. Any manufacturer who fails to make copies of these reports available
105.22within 60 days of receiving a written request is subject to a civil penalty not to exceed
105.23$10,000 for each day after the 60th day that the manufacturer does not make such copies
105.24available.
105.25 Subd. 5. Future ASTM Standards. The state fire marshal may adopt a subsequent
105.26ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon
105.27a finding that the subsequent method does not result in a change in the percentage of
105.28full-length burns exhibited by any tested cigarette when compared to the percentage of
105.29full-length burns the same cigarette would exhibit when tested in accordance with ASTM
105.30Standard E2187-04 and the performance standard in subdivision 1, paragraph (d).
105.31 Subd. 6. Report to legislature. The state fire marshal shall review the effectiveness
105.32of this section and report findings every three years to the legislature and, if appropriate,
105.33make recommendations for legislation to improve the effectiveness of this section. The
105.34report and legislative recommendations must be submitted no later than January 2 of each
105.35three-year period.
106.1 Subd. 7. Inventory before state standards. The requirements of subdivision 1 do
106.2not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes
106.3on or after the effective date of this section if the wholesale or retail dealer can establish
106.4that state tax stamps were affixed to the cigarettes before the effective date of this section,
106.5and if the wholesale or retail dealer can establish that the inventory was purchased before
106.6the effective date of this section in comparable quantity to the inventory purchased during
106.7the same period of the previous year.
106.8 Subd. 8. Implementation. This section must be implemented in accordance with
106.9the implementation and substance of the New York "Fire Safety Standards for Cigarettes."
106.10EFFECTIVE DATE.This section is effective the first day of the 19th month
106.11following the date of its final enactment.
106.12 Sec. 10.
[299F.852] CERTIFICATION AND PRODUCT CHANGE.
106.13 Subdivision 1. Attestation. Each manufacturer shall submit to the state fire marshal
106.14a written certification attesting that:
106.15 (1) each cigarette listed in the certification has been tested in accordance with
106.16section 299F.851; and
106.17 (2) each cigarette listed in the certification meets the performance standard set forth
106.18in section 299F.851, subdivision 1, paragraph (d).
106.19 Subd. 2. Description. Each cigarette listed in the certification must be described
106.20with the following information:
106.21 (1) brand, or trade name on the package;
106.22 (2) style, such as light or ultra light;
106.23 (3) length in millimeters;
106.24 (4) circumference in millimeters;
106.25 (5) flavor, such as menthol or chocolate, if applicable;
106.26 (6) filter or nonfilter;
106.27 (7) package description, such as soft pack or box;
106.28 (8) marking approved in accordance with section 299F.853;
106.29 (9) the name, address, and telephone number of the laboratory, if different than the
106.30manufacturer that conducted the test; and
106.31 (10) the date that the testing occurred.
106.32 Subd. 3. Information availability. The certifications must be made available to the
106.33attorney general for purposes consistent with this section and the commissioner of revenue
106.34for the purposes of ensuring compliance with this subdivision.
107.1 Subd. 4. Recertification. Each cigarette certified under this subdivision must be
107.2recertified every three years.
107.3 Subd. 5. Fee. For each cigarette listed in a certification, a manufacturer shall pay
107.4to the state fire marshal a $250 fee, to be deposited into a dedicated account in the fire
107.5marshal's budget.
107.6 Subd. 6. Retesting. If a manufacturer has certified a cigarette pursuant to this
107.7section, and thereafter makes any change to the cigarette that is likely to alter its
107.8compliance with the reduced cigarette ignition propensity standards required by sections
107.9299F.850 to 299F.858, that cigarette must not be sold or offered for sale in this state
107.10until the manufacturer retests the cigarette in accordance with the testing standards set
107.11forth in section 299F.851 and maintains records of that retesting as required by section
107.12299F.851. Any altered cigarette that does not meet the performance standard set forth in
107.13section 299F.851 may not be sold in this state.
107.14EFFECTIVE DATE.This section is effective the first day of the 19th month
107.15following the date of its final enactment.
107.16 Sec. 11.
[299F.853] MARKING AND CIGARETTE PACKAGING.
107.17 (a) Cigarettes that are certified by a manufacturer in accordance with section
107.18299F.852 must be marked to indicate compliance with the requirements of section
107.19299F.851. The marking must be in eight-point type or larger and consist of:
107.20 (1) modification of the product UPC code to include a visible mark printed at
107.21or around the area of the UPC code, which may consist of alphanumeric or symbolic
107.22characters permanently stamped, engraved, embossed, or printed in conjunction with
107.23the UPC;
107.24 (2) any visible combination of alphanumeric or symbolic characters permanently
107.25stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
107.26 (3) printed, stamped, engraved, or embossed text that indicates that the cigarettes
107.27meet the standards of sections 299F.850 to 299F.858.
107.28 (b) A manufacturer shall use only one marking and shall apply this marking
107.29uniformly for all brands marketed by that manufacturer and all packages, including but
107.30not limited to packs, cartons, and cases.
107.31 (c) The state fire marshal must be notified as to the marking that is selected.
107.32 (d) Prior to the certification of any cigarette, a manufacturer shall present its
107.33proposed marking to the state fire marshal for approval. Upon receipt of the request,
107.34the state fire marshal shall approve or disapprove the marking offered, except that the
107.35state fire marshal shall approve any marking in use and approved for sale in New York
108.1pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings
108.2are deemed approved if the state fire marshal fails to act within ten business days of
108.3receiving a request for approval.
108.4 (e) No manufacturer shall modify its approved marking unless the modification has
108.5been approved by the state fire marshal in accordance with this section.
108.6 (f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall
108.7provide a copy of the certifications to all wholesale dealers and agents to which they sell
108.8cigarettes, and shall also provide sufficient copies of an illustration of the package marking
108.9utilized by the manufacturer pursuant to this section for each retail dealer to which the
108.10wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a
108.11copy of these package markings received from manufacturers to all retail dealers to whom
108.12they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire
108.13marshal, the commissioner of revenue, the attorney general, and their employees to inspect
108.14markings of cigarette packaging marked in accordance with this section.
108.15EFFECTIVE DATE.This section is effective the first day of the 19th month
108.16following the date of its final enactment.
108.17 Sec. 12.
[299F.854] PENALTIES AND REMEDIES.
108.18 Subdivision 1. Wholesale. (a) A manufacturer, wholesale dealer, agent, or any other
108.19person or entity who knowingly sells or offers to sell cigarettes, other than through retail
108.20sale, in violation of section 299F.851 is liable to a civil penalty:
108.21 (1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
108.22 (2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
108.23 (b) However, the penalty against any such person or entity for a violation under
108.24paragraph (a) must not exceed $100,000 during any 30-day period.
108.25 Subd. 2. Retail. (a) A retail dealer who knowingly sells cigarettes in violation of
108.26section 299F.851 is liable to a civil penalty:
108.27 (1) for a first offense, not to exceed $500, and for a subsequent offense, not to exceed
108.28$2,000, per each sale or offer for sale of such cigarettes, if the total number sold or offered
108.29for sale does not exceed 1,000 cigarettes; or
108.30 (2) for a first offense, not to exceed $1,000, and for a subsequent offense, not to
108.31exceed $5,000, per each sale or offer for sale of such cigarettes, if the total number sold or
108.32offered for sale exceeds 1,000 cigarettes.
108.33 (b) However, the penalty against any retail dealer must not exceed $25,000 during
108.34any 30-day period.
109.1 Subd. 3. False certification. In addition to any penalty prescribed by law, any
109.2corporation, partnership, sole proprietor, limited partnership, or association engaged in
109.3the manufacture of cigarettes that knowingly makes a false certification pursuant to
109.4subdivision 3 is, for a first offense, liable to a civil penalty of at least $75,000, and for a
109.5subsequent offense a civil penalty not to exceed $250,000 for each false certification.
109.6 Subd. 4. Violation of other provision. Any person violating any other provision
109.7in sections 299F.850 to 299F.858 is liable to a civil penalty for a first offense not to
109.8exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for
109.9each violation.
109.10 Subd. 5. Forfeiture. Cigarettes that have been sold or offered for sale that do
109.11not comply with the performance standard required by section 299F.851 are subject to
109.12forfeiture under section 297F.21 and, upon judgment of forfeiture, must be destroyed;
109.13provided, however, that before destroying any cigarettes seized in accordance with section
109.14297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the
109.15cigarette brand must be permitted to inspect the cigarette.
109.16 Subd. 6. Remedies. In addition to any other remedy provided by law, the state fire
109.17marshal or attorney general may institute a civil action in district court for a violation of
109.18this section, including petitioning for injunctive relief or to recover any costs or damages
109.19suffered by the state because of a violation under this section, including enforcement costs
109.20relating to the specific violation and attorney fees. Each violation of sections 299F.850 to
109.21299F.858 or of rules adopted under sections 299F.850 to 299F.858 constitutes a separate
109.22civil violation for which the state fire marshal or attorney general may obtain relief.
109.23EFFECTIVE DATE.This section is effective the first day of the 19th month
109.24following the date of its final enactment.
109.25 Sec. 13.
[299F.855] IMPLEMENTATION.
109.26 Subdivision 1. Rules. The commissioner of public safety, in consultation with the
109.27state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the
109.28purposes of sections 299F.850 to 299F.858.
109.29 Subd. 2. Commissioner of revenue. The commissioner of revenue in the regular
109.30course of conducting inspections of wholesale dealers, agents, and retail dealers, as
109.31authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are
109.32marked as required by section 299F.853. If the cigarettes are not marked as required, the
109.33commissioner of revenue shall notify the state fire marshal.
110.1EFFECTIVE DATE.This section is effective the first day of the 19th month
110.2following the date of its final enactment.
110.3 Sec. 14.
[299F.856] INSPECTION.
110.4 To enforce sections 299F.850 to 299F.858, the attorney general and the state fire
110.5marshal may examine the books, papers, invoices, and other records of any person in
110.6possession, control, or occupancy of any premises where cigarettes are placed, stored,
110.7sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in
110.8the possession, control, or occupancy of any premises where cigarettes are placed, sold,
110.9or offered for sale is hereby directed and required to give the attorney general and the
110.10state fire marshal the means, facilities, and opportunity for the examinations authorized
110.11by this section.
110.12EFFECTIVE DATE.This section is effective the first day of the 19th month
110.13following the date of its final enactment.
110.14 Sec. 15.
[299F.858] SALE OUTSIDE OF MINNESOTA.
110.15 Sections 299F.850 to 299F.858 do not prohibit any person or entity from
110.16manufacturing or selling cigarettes that do not meet the requirements of section 299F.851
110.17if the cigarettes are or will be stamped for sale in another state or are packaged for sale
110.18outside the United States and that person or entity has taken reasonable steps to ensure
110.19that such cigarettes will not be sold or offered for sale to persons located in Minnesota.
110.20EFFECTIVE DATE.This section is effective the first day of the 19th month
110.21following the date of its final enactment.
110.22 Sec. 16. Minnesota Statutes 2006, section 325E.21, is amended to read:
110.23325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS
110.24AND, REPORTS, AND REGISTRATION.
110.25 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
110.26this subdivision have the meanings given.
110.27 (b) "Person" means an individual, partnership, limited partnership, limited liability
110.28company, corporation, or other entity.
110.29 (c) "Scrap metal" means:
110.30 (1) wire and cable commonly and customarily used by communication and electric
110.31utilities; and
110.32 (2) copper, aluminum, or any other metal purchased primarily for its reuse or
110.33recycling value as raw metal, including metal that is combined with other materials
110.34at the time of purchase.
111.1 (d) "Scrap metal dealer" or "dealer" means a person engaged in the business of
111.2buying and selling scrap metal, but does not include a person engaged exclusively in the
111.3business of buying or selling new or used motor vehicles or motor vehicle parts, paper or
111.4wood products, rags or furniture, or secondhand machinery.
111.5 (e) "Municipality" means any town, home rule charter or statutory city, or county
111.6that has one or more scrap metal dealers within its jurisdiction.
111.7 (f) "Law enforcement agency" means a duly authorized municipal, county, state, or
111.8federal law enforcement agency.
111.9 Subdivision 1. Subd. 1a. Purchase or acquisition record required. (a) Every
111.10person, firm or corporation scrap metal dealer, including an agent, employee
, or
111.11representative
thereof of the dealer,
engaging in the business of buying and selling wire
111.12and cable commonly and customarily used by communication and electric utilities shall
111.13keep a
written record
, in the English language, legibly written in ink or typewriting, at the
111.14time of each purchase or acquisition
, of scrap metal. The record must include:
111.15 (1) an accurate account or description, including the weight if customarily purchased
111.16by weight, of
such wire and cable commonly and customarily used by communication and
111.17electric utilities the scrap metal purchased or acquired
,;
111.18 (2) the date, time
, and place of the receipt of the same
,;
111.19 (3) the name and address of the person selling or delivering the same
and;
111.20 (4) the number of the check used to purchase the scrap metal;
111.21 (5) the number of the
person's driver's license
of such person, Minnesota
111.22identification card number, or other identification document number of an identification
111.23document issued for identification purposes by any state, federal, or foreign government if
111.24the document includes the applicant's photograph, full name, birth date, and signature; and
111.25 (6) the license plate number and description of the vehicle used by the person when
111.26delivering the scrap metal, and any identifying marks on the vehicle, such as a business
111.27name, decals, or markings, if applicable.
111.28 Such (b) The record, as well as
such wire and cable commonly and customarily used
111.29by communication and electric utilities the scrap metal purchased or received, shall at all
111.30reasonable times be open to the inspection of any
sheriff or deputy sheriff of the county,
111.31or of any police officer in any incorporated city or statutory city, in which such business
111.32may be carried on law enforcement agency.
111.33 Such (c) The person shall not be required to furnish or keep such record of any
111.34property purchased from merchants, manufacturers or wholesale dealers, having an
111.35established place of business, or of any goods purchased at open sale from any bankrupt
111.36stock, but a bill of sale or other evidence of open or legitimate purchase of
such the
112.1property shall be obtained and kept by
such the person which must be shown upon demand
112.2to
the sheriff or deputy sheriff of the county, or to any police officer in any incorporated
112.3city or statutory city, in which such business may be carried on. The provisions of
112.4this subdivision and of subdivision 2 shall not apply to or include any person, firm or
112.5corporation engaged exclusively in the business of buying or selling motor vehicles,
112.6new or used, paper or wood products, rags or furniture, secondhand machinery any law
112.7enforcement agency.
112.8 (d) Except as otherwise provided in this section, a scrap metal dealer may not
112.9disclose personal information concerning a customer without the customer's consent
112.10unless the disclosure is made in response to a request from a law enforcement agency.
112.11For purposes of this paragraph, "personal information" is any individually identifiable
112.12information gathered in connection with a record under paragraph (a). Data collected by
112.13a law enforcement agency under this paragraph are private data on individuals to the
112.14extent that it would reveal the identity of persons who are customers of a scrap metal
112.15dealer, and public data to the extent that it describes property in a regulated transaction
112.16with a scrap metal dealer.
112.17 Subd. 2.
Sheriff's copy of record required. It shall be the duty of every such
112.18person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or
112.19mail to the office of the sheriff of the county in which business is conducted, not later than
112.20the second business day of each week, a legible and correct copy of the record required
112.21in subdivision 1 of the entries during the preceding week. In the event such person, firm
112.22or corporation has not made any purchases or acquisitions required to be recorded under
112.23subdivision 1 hereof during the preceding week no report need be submitted to the sheriff
112.24under this subdivision.
112.25 Subd. 3. Retention required. Records required to be maintained by subdivision
112.261 hereof 1a shall be retained by the person making them for a period of three years.
112.27 Subd. 3. Payment by check required. A scrap metal dealer shall pay for all
112.28scrap metal purchases only by check for purchases greater than $100. For purposes of
112.29this section, "check" means a check, draft, or other negotiable or nonnegotiable order of
112.30withdrawal which is drawn against funds held by a financial institution.
112.31 Subd. 4. Video security cameras required. (a) The scrap metal dealer shall install
112.32and maintain at each licensed location video surveillance cameras, still digital cameras,
112.33or similar devices positioned to record or photograph a frontal view showing the face of
112.34each seller or prospective seller of scrap metal who enters the licensed location. The scrap
112.35metal dealer shall also photograph the seller's or prospective seller's vehicle, including
113.1license plate, either by video camera or still digital camera, so that an accurate and
113.2complete description of it may be obtained from the recordings made by the cameras. The
113.3video camera or still digital camera must be kept in operating condition. The camera must
113.4record and display the accurate date and time. The video camera must be turned on at
113.5all times when the licensed location is open for business and at any other time when
113.6scrap metal is purchased.
113.7 (b) If the scrap metal dealer does not purchase some or any scrap metal at a specific
113.8business location, the dealer need not comply with this subdivision with respect to those
113.9purchases.
113.10 Subd. 5. Registration required. Every scrap metal dealer must register with, pay
113.11an annual fee of $50 to, and actively participate in, the Minnesota Crime Alert Network
113.12under the Minnesota Bureau of Criminal Apprehension. The scrap metal dealer also must
113.13implement aggressive management practices to minimize the purchase of stolen materials.
113.14Scrap processors should develop a training program for scale operators and receiving
113.15personnel on how to identify suspicious materials.
113.16 Subd. 6. Criminal penalty. A scrap metal dealer, or the agent, employee, or
113.17representative of the dealer, who, without complying with this section, buys or receives
113.18any scrap metal that the dealer knows or reasonably should know is ordinarily used by or
113.19ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water or
113.20electric company, utility, or county, city, or other political subdivision of this state engaged
113.21in furnishing public utility service, is guilty of a gross misdemeanor.
113.22 Subd. 7. Exemption. A scrap metal dealer may purchase aluminum cans without
113.23complying with subdivisions 1a to 5.
113.24 Subd. 8. Property held by law enforcement (a) Whenever a law enforcement
113.25official from any agency has reason to believe that property in the possession of a dealer
113.26is stolen or is evidence of a crime and notifies a dealer not to sell an item, the item
113.27must not be sold or removed from the premises. The investigative hold must be made
113.28within 72 hours and remains in effect for not more than 90 days from the date of initial
113.29notification, or until the investigative order is canceled, or until an order to confiscate
113.30is issued, whichever comes first.
113.31 (b) If an item is identified as stolen or evidence in a criminal case, the law
113.32enforcement official may:
113.33 (1) physically confiscate and remove it from the dealer, pursuant to a written order
113.34from the law enforcement official; or
114.1 (2) place the item on hold or extend the hold as provided in this section and leave
114.2it in the shop.
114.3 (c) When an item is confiscated, the person doing so shall provide identification
114.4upon request of the dealer, and shall provide the dealer the name and telephone number of
114.5the confiscating agency and investigator, and the case number related to the confiscation.
114.6 (d) A dealer may request confiscated property be returned in accordance with
114.7section 626.04.
114.8 (e) When an order to hold or confiscate is no longer necessary, the law enforcement
114.9official shall so notify the dealer.
114.10EFFECTIVE DATE.This section is effective August 1, 2007.
114.11 Sec. 17. Minnesota Statutes 2006, section 609.135, is amended by adding a subdivision
114.12to read:
114.13 Subd. 9. Random searches. (a) This subdivision applies to offenders who are
114.14convicted of a violent crime, as defined in section 609.1095, involving the sale, use, or
114.15possession of a controlled substance or a dangerous weapon.
114.16 (b) When an offender is placed on probation, the offender, as a condition of being
114.17released on probation, consents to a search of the offender's person and any motor vehicle
114.18driven by the offender. The search may be conducted on demand by any probation
114.19officer or peace officer.
114.20EFFECTIVE DATE.This section is effective July 1, 2007.
114.21 Sec. 18. Minnesota Statutes 2006, section 641.05, is amended to read:
114.22641.05 RECORD OF INMATES; RETURN TO COURT.
114.23 (a) Every sheriff shall, at the expense of the county, maintain a permanent record of
114.24all persons committed to any jail under the sheriff's charge. It shall contain the name of
114.25every person committed, by what authority, residence, date of commitment, and, if for a
114.26criminal offense, a description of the person, when and by what authority liberated, and,
114.27in case of escape, the time and manner thereof. At the opening of each term of district
114.28court the sheriff shall make a certified transcript therefrom to such court, showing all
114.29cases therein not previously disposed of.
114.30 (b) Upon intake into the jail facility, the name of the committed person shall be
114.31checked against the Bureau of Criminal Apprehension predatory offender registration
114.32database to determine whether the person is a registered offender. In the event that the
114.33person is registered, the sheriff or designee shall notify the bureau of the person's admission
114.34into the jail facility. At the time of discharge from the facility, the sheriff or designee will
114.35provide the person with a change of information form for the purposes of reporting the
115.1address where the person will be living upon release from the facility. Every sheriff who
115.2intentionally neglects or refuses to so report shall be guilty of a gross misdemeanor.
115.3EFFECTIVE DATE.This section is effective July 1, 2007.
115.4 Sec. 19.
REPEAL BY PREEMPTION.
115.5 Sections 299F.850 to 299.858 are repealed if a federal reduced cigarette ignition
115.6propensity standard that preempts this act is adopted and becomes effective.
115.7EFFECTIVE DATE.This section is effective July 1, 2007.
115.9EMERGENCY COMMUNICATIONS
115.10 Section 1. Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
115.11 Subd. 4.
Use of furnished information. (a) Names, addresses, and telephone
115.12numbers provided to a 911 system under subdivision 3 are private data and may be used
115.13only
for identifying: (1) to identify the location or identity, or both, of a person calling
115.14a 911 public safety answering point
; or (2) by a public safety answering point to notify
115.15the public of an emergency. The information furnished under subdivision 3 may not be
115.16used or disclosed by 911 system agencies, their agents, or their employees for any other
115.17purpose except under a court order.
115.18 (b) For purposes of paragraph (a), the term "emergency" means a situation in which
115.19property or human life is in jeopardy and the prompt notification of the public by the
115.20public safety answering point is essential.
115.21 (c) A telecommunications service provider that participates or cooperates with the
115.22public safety answering point in the notification of the public is exempt from liability
115.23pursuant to section 403.07, subdivision 5.
115.24EFFECTIVE DATE.This section is effective the day following final enactment.
115.25 Sec. 2. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
115.26 Subdivision 1.
Emergency telecommunications service fee; account. (a) Each
115.27customer of a wireless or wire-line switched or packet-based telecommunications service
115.28provider connected to the public switched telephone network that furnishes service capable
115.29of originating a 911 emergency telephone call is assessed a fee based upon the number
115.30of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
115.31maintenance and related improvements for trunking and central office switching equipment
115.32for 911 emergency telecommunications service, to offset administrative and staffing costs
115.33of the commissioner related to managing the 911 emergency telecommunications service
115.34program, to make distributions provided for in section
403.113, and to offset the costs,
116.1including administrative and staffing costs, incurred by the State Patrol Division of the
116.2Department of Public Safety in handling 911 emergency calls made from wireless phones.
116.3 (b) Money remaining in the 911 emergency telecommunications service account
116.4after all other obligations are paid must not cancel and is carried forward to subsequent
116.5years and may be appropriated from time to time to the commissioner to provide financial
116.6assistance to counties for the improvement of local emergency telecommunications
116.7services. The improvements may include providing access to 911 service for
116.8telecommunications service subscribers currently without access and upgrading existing
116.9911 service to include automatic number identification, local location identification,
116.10automatic location identification, and other improvements specified in revised county
116.11911 plans approved by the commissioner.
116.12 (c) The fee may not be less than eight cents nor more than 65 cents a month
until
116.13June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
116.142009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
116.15not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
116.16each customer access line or other basic access service, including trunk equivalents as
116.17designated by the Public Utilities Commission for access charge purposes and including
116.18wireless telecommunications services. With the approval of the commissioner of finance,
116.19the commissioner of public safety shall establish the amount of the fee within the limits
116.20specified and inform the companies and carriers of the amount to be collected. When the
116.21revenue bonds authorized under section
403.27, subdivision 1, have been fully paid or
116.22defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
116.23no longer needed. The commissioner shall provide companies and carriers a minimum of
116.2445 days' notice of each fee change. The fee must be the same for all customers.
116.25 (d) The fee must be collected by each wireless or wire-line telecommunications
116.26service provider subject to the fee. Fees are payable to and must be submitted to the
116.27commissioner monthly before the 25th of each month following the month of collection,
116.28except that fees may be submitted quarterly if less than $250 a month is due, or annually if
116.29less than $25 a month is due. Receipts must be deposited in the state treasury and credited
116.30to a 911 emergency telecommunications service account in the special revenue fund. The
116.31money in the account may only be used for 911 telecommunications services.
116.32 (e) This subdivision does not apply to customers of interexchange carriers.
116.33 (f) The installation and recurring charges for integrating wireless 911 calls into
116.34enhanced 911 systems are eligible for payment by the commissioner if the 911 service
116.35provider is included in the statewide design plan and the charges are made pursuant to
116.36contract.
117.1 (g) Competitive local exchanges carriers holding certificates of authority from the
117.2Public Utilities Commission are eligible to receive payment for recurring 911 services.
117.3EFFECTIVE DATE.This section is effective July 1, 2007.
117.4 Sec. 3. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
117.5 Subdivision 1.
Allocation of operating costs. The current costs of the board
117.6in implementing the regionwide public safety radio communication plan system and
117.7the first and second phase systems shall be allocated among and paid by the following
117.8users, all in accordance with the regionwide public safety radio system communication
117.9plan adopted by the board:
117.10 (1) the state of Minnesota for its operations using the system in the metropolitan
117.11counties;
117.12 (2) all local government units using the system; and
117.13 (3) other eligible users of the system. (a) The ongoing costs of the commissioner
117.14not otherwise appropriated in operating the statewide public safety radio communication
117.15system shall be allocated among and paid by the following users, all in accordance with
117.16the statewide public safety radio communication system plan under section 403.36:
117.17 (1) the state of Minnesota for its operations using the system;
117.18 (2) all local government units using the system; and
117.19 (3) other eligible users of the system.
117.20 (b) Each local government and other eligible users of the system shall pay to
117.21the commissioner all sums charged under this section, at the times and in the manner
117.22determined by the commissioner. The governing body of each local government shall
117.23take all action necessary to provide the money required for these payments and to make
117.24the payments when due.
117.25EFFECTIVE DATE.This section is effective July 1, 2007.
117.26 Sec. 4. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
117.27read:
117.28 Subd. 1a. Fee collection declaration. If the commissioner disputes the
117.29accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or
117.30packet-based telecommunications service provider, the wireless, wire-line, or packet-based
117.31telecommunications service provider shall submit a sworn declaration signed by an officer
117.32of the company certifying, under penalty of perjury, that the information provided with
117.33the fee submission is true and correct. The sworn declaration must specifically describe
117.34and affirm that the 911 fee computation is complete and accurate. When a wireless,
117.35wire-line, or packet-based telecommunications service provider fails to provide a sworn
118.1declaration within 90 days of notice by the commissioner that the fee submission is
118.2disputed, the commissioner may estimate the amount due from the wireless, wire-line, or
118.3packet-based telecommunications service provider and refer that amount for collection
118.4under section 16D.04.
118.5EFFECTIVE DATE.This section is effective July 1, 2007.
118.6 Sec. 5. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
118.7read:
118.8 Subd. 1b. Fee audit. If the commissioner determines that an audit is necessary
118.9to document the fee submission and sworn declaration in subdivision 1a, the wireless,
118.10wire-line, or packet-based telecommunications service provider must contract with an
118.11independent certified public accountant to conduct an audit. The audit must be conducted
118.12in accordance with generally accepted auditing standards.
118.13EFFECTIVE DATE.This section is effective July 1, 2007.
118.14 Sec. 6.
REPEALER.
118.15Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.
118.16EFFECTIVE DATE.This section is effective July 1, 2007."
118.17Delete the title and insert:
118.19relating to state government; providing certain general criminal and sentencing
118.20provisions; regulating DWI and driving provisions; modifying or establishing
118.21various provisions relating to public safety; regulating corrections, the courts, and
118.22emergency communications; providing penalties;amending Minnesota Statutes
118.232006, sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1;
118.2413.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2;
118.2516C.23, subdivision 2; 169A.275, by adding a subdivision; 169A.51, subdivision
118.267; 171.12, by adding a subdivision; 171.55; 241.016, subdivision 1; 241.018;
118.27241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, subdivisions 3, 4; 243.167,
118.28subdivision 1; 244.05, by adding a subdivision; 260C.193, subdivision 6;
118.29260C.209, subdivision 3; 270A.03, subdivision 5; 299A.641, subdivision 2;
118.30299C.65, subdivisions 2, 5; 302A.781, by adding a subdivision; 325E.21;
118.31352D.02, subdivision 1; 383A.08, subdivisions 6, 7; 401.15, subdivision 1;
118.32403.07, subdivision 4; 403.11, subdivision 1, by adding subdivisions; 403.31,
118.33subdivision 1; 484.54, subdivision 2; 484.83; 504B.361, subdivision 1; 518.165,
118.34subdivisions 1, 2; 518A.35, subdivision 3; 518B.01, subdivisions 6a, 22; 549.09,
118.35subdivision 1; 563.01, by adding a subdivision; 590.05; 595.02, subdivision 1;
118.36609.02, subdivision 16; 609.135, subdivision 8, by adding a subdivision; 609.21,
118.37subdivisions 1, 4a, 5, by adding subdivisions; 609.341, subdivision 11; 609.344,
118.38subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3; 609.3455,
118.39subdivision 4, by adding a subdivision; 609.352; 609.505, subdivision 2; 609.52,
118.40subdivision 3; 609.535, subdivision 2a; 609.581, by adding subdivisions;
118.41609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748, subdivisions 1,
118.425; 611.14; 611.20, subdivision 6; 611.215, subdivisions 1, 1a; 611.23; 611.24;
118.43611.25, subdivision 1; 611.26, subdivisions 2, 7; 611.27, subdivisions 3, 13,
119.115; 611.35; 611A.036, subdivisions 2, 7; 611A.675, subdivisions 1, 2, 3, 4, by
119.2adding a subdivision; 634.15, subdivisions 1, 2; 641.05; 641.265, subdivision 2;
119.3Laws 2001, First Special Session chapter 8, article 4, section 4; Laws 2003, First
119.4Special Session chapter 2, article 1, section 2; proposing coding for new law in
119.5Minnesota Statutes, chapters 72A; 171; 241; 299A; 299F; 484; 504B; 540; 604;
119.6609; 611A; repealing Minnesota Statutes 2006, sections 169.796, subdivision 3;
119.7241.021, subdivision 5; 241.85, subdivision 2; 260B.173; 403.31, subdivision 6;
119.8480.175, subdivision 3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20,
119.9subdivision 5; 626A.17, subdivision 3; Laws 2005, First Special Session chapter
119.106, article 3, section 91."