1.1.................... moves to amend H.F. No. 1657 as follows:
1.2Delete everything after the enacting clause and insert:

1.3"ARTICLE 1
1.4APPROPRIATIONS

1.5
 Section 1. SUMMARY OF APPROPRIATIONS.
1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
1.8
 2010
 2011
 Total
1.9
 General
 $
 908,050,000
 $
 898,513,000
 $
 1,806,563,000
1.10
 Federal
 $
 19,000,000
 $
 19,000,000
 $
 38,000,000
1.11
1.12
 State Government Special
Revenue
 66,573,000
 70,336,000
 136,909,000
1.13
 Environmental Fund
 69,000
 69,000
 138,000
1.14
 Special Revenue Fund
 14,540,000
 14,540,000
 29,080,000
1.15
 Trunk Highway
 1,941,000
 1,941,000
 3,882,000
1.16
 Total
 $
 1,010,173,000
 $
 1,004,399,000
 $
 2,014,572,000

1.17
 Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
1.18The sums shown in the columns marked "Appropriations" are appropriated to the
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20general fund, or another named fund, and are available for the fiscal years indicated
1.21for each purpose. The figures "2010" and "2011" used in this article mean that the
1.22appropriations listed under them are available for the fiscal year ending June 30, 2010, or
1.23June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
1.24year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
1.25year ending June 30, 2009, are effective the day following final enactment.
1.26
 APPROPRIATIONS
1.27
 Available for the Year
2.1
 Ending June 30
2.2
 2010
 2011

2.3
 Sec. 3. SUPREME COURT
2.4
 Subdivision 1.Total Appropriation
 $
 43,919,000
 $
 43,366,000
2.5The amounts that may be spent for each
2.6purpose are specified in the following
2.7subdivisions.
2.8
 Subd. 2.Supreme Court Operations
 31,740,000
 31,339,000
2.9Contingent Account. $5,000 each year is for
2.10a contingent account for expenses necessary
2.11for the normal operation of the court for
2.12which no other reimbursement is provided.
2.13Criminal Justice Forum. The supreme
2.14court is requested to continue its criminal
2.15justice forum to evaluate and examine
2.16criminal justice efficiencies and costs
2.17savings, and may submit a report of its
2.18findings and recommendations to the chairs
2.19and ranking minority members of the house
2.20and senate committees with jurisdiction over
2.21public safety policy and finance by February
2.2215, 2010.
2.23Drug Court Grants. The supreme court is
2.24encouraged to apply for all available grants
2.25for federal stimulus funds to: (1) continue
2.26drug court programs that lose state funding;
2.27and (2) make technological improvements
2.28within the judicial system.
2.29Judicial and Referee Vacancies;
2.30Suspension. Notwithstanding Minnesota
2.31Statutes, section 2.722, the supreme court
2.32shall not certify any judicial or referee
2.33vacancies to the governor, unless a vacancy
2.34would result in a county having no chambered
3.1judge. The supreme court shall continue
3.2the vacancy until July 1, 2012, or until the
3.3legislature directs otherwise, whichever
3.4occurs first. The supreme court may assign a
3.5retired judge to temporarily act as a district
3.6court judge in a vacant office only if the
3.7retired judge's total compensation, including
3.8pay and expenses, does not exceed the total
3.9compensation of the judge leaving that office.
3.10
 Subd. 3.Civil Legal Services
 12,179,000
 12,027,000
3.11Legal Services to Low-Income Clients in
3.12Family Law Matters. Of this appropriation,
3.13$877,000 each year is to improve the
3.14access of low-income clients to legal
3.15representation in family law matters. This
3.16appropriation must be distributed under
3.17Minnesota Statutes, section 480.242, to
3.18the qualified legal services programs
3.19described in Minnesota Statutes, section
3.20480.242, subdivision 2, paragraph (a). Any
3.21unencumbered balance remaining in the first
3.22year does not cancel and is available in the
3.23second year.

3.24
 Sec. 4. COURT OF APPEALS
 $
 10,353,000
 $
 10,222,000

3.25
 Sec. 5. TRIAL COURTS
 $
 251,696,000
 $
 248,540,000

3.26
 Sec. 6. TAX COURT
 $
 800,000
 $
 800,000

3.27
 Sec. 7. UNIFORM LAWS COMMISSION
 $
 51,000
 $
 50,000

3.28
 Sec. 8. BOARD ON JUDICIAL STANDARDS
 $
 446,000
 $
 446,000
3.29The base budget for the Board on Judicial
3.30Standards shall be $321,000 in fiscal year
3.312012 and $321,000 in fiscal year 2013.

3.32
 Sec. 9. BOARD OF PUBLIC DEFENSE
 $
 67,628,000
 $
 65,028,000

4.1
 Sec. 10. PUBLIC SAFETY
4.2
 Subdivision 1.Total Appropriation
 $
 160,548,000
 $
 160,911,000
4.3
 Appropriations by Fund
4.4
 2010
 2011
4.5
 General
 82,458,000
 79,058,000
4.6
 Special Revenue
 9,507,000
 9,507,000
4.7
4.8
 State Government
Special Revenue
 66,573,000
 70,336,000
4.9
 Environmental
 69,000
 69,000
4.10
 Trunk Highway
 1,941,000
 1,941,000
4.11The amounts that may be spent for each
4.12purpose are specified in the following
4.13subdivisions.
4.14Agency lobbyists. No portion of this
4.15appropriation may be used to pay the salary
4.16or fee of a person retained to serve as the
4.17agency's legislative liaison or lobbyist.
4.18Employees of the Governor. Any personnel
4.19costs attributable to the office of the
4.20governor must be accounted for through an
4.21appropriation to the office of the governor.
4.22The commissioner may not enter into
4.23agreements with the office of the governor
4.24under which personnel costs in the office of
4.25the governor are supported by appropriations
4.26to the agency.
4.27Car fleet. By January 1, 2010, the
4.28commissioner must reduce the department's
4.29fleet of cars in the seven county metropolitan
4.30area by 20 percent.
4.31
 Subd. 2.Emergency Management
 2,583,000
 2,583,000
4.32
 Appropriations by Fund
4.33
 General
 1,910,000
 1,910,000
4.34
 Special Revenue
 604,000
 604,000
4.35
 Environmental
 69,000
 69,000
5.1Hazmat and Chemical Assessment Teams.
5.2$604,000 each year is appropriated from the
5.3fire safety account in the special revenue
5.4fund. These amounts must be used to
5.5fund the hazardous materials and chemical
5.6assessment teams.
5.7
 Subd. 3.Criminal Apprehension
 43,763,000
 42,063,000
5.8
 Appropriations by Fund
5.9
 General
 41,815,000
 40,115,000
5.10
5.11
 State Government
Special Revenue
 7,000
 7,000
5.12
 Trunk Highway
 1,941,000
 1,941,000
5.13Forensic Scientists. When formulating the
5.14budget and the need for additional scientists
5.15for the state's crime labs, the commissioner,
5.16in consultation with the superintendent
5.17of the bureau of criminal apprehension,
5.18must consider the number and capacity of
5.19scientists employed in labs operated by local
5.20units of government.
5.21DWI Lab Analysis; Trunk Highway
5.22Fund. Notwithstanding Minnesota Statutes,
5.23section 161.20, subdivision 3, $1,941,000
5.24each year is appropriated from the trunk
5.25highway fund for laboratory analysis related
5.26to driving-while-impaired cases.
5.27
 Subd. 4.Fire Marshal
 8,000,000
 8,000,000
5.28This appropriation is from the fire safety
5.29account in the special revenue fund.
5.30Of this amount, $5,732,000 each year is for
5.31activities under Minnesota Statutes, section
5.32299F.012, and $2,268,000 each year is for
5.33transfer to the general fund under Minnesota
5.34Statutes, section 297I.06, subdivision 3.
5.35
 Subd. 5.Alcohol and Gambling Enforcement
 2,538,000
 2,538,000
6.1
 Appropriations by Fund
6.2
 General
 1,635,000
 1,635,000
6.3
 Special Revenue
 903,000
 903,000
6.4This appropriation is from the alcohol
6.5enforcement account in the special revenue
6.6fund. Of this appropriation, $750,000 each
6.7year shall be transferred to the general fund.
6.8The transfer amount for fiscal year 2012 and
6.9fiscal year 2013 shall be $500,000 per year.
6.10
 Subd. 6.Office of Justice Programs
 37,194,000
 35,494,000
6.11
 Appropriations by Fund
6.12
 General
 37,098,000
 35,398,000
6.13
6.14
 State Government
Special Revenue
 96,000
 96,000
6.15Federal stimulus funds; report. By June
6.161, 2009, the office of justice programs
6.17shall submit to the chairs and ranking
6.18minority members of the house and senate
6.19committees with jurisdiction over public
6.20safety policy and finance a detailed plan
6.21outlining the competitive grant process to
6.22be used to administer the federal stimulus
6.23funds. The plan must describe: (1) the
6.24administrative process in accepting and
6.25reviewing applications, (2) the criteria
6.26used in awarding grants, and (3) program
6.27reporting requirements.
6.28The office of justice programs must consider
6.29awarding grants for federal stimulus funds
6.30for the following activities and programs:
6.31(i) trafficking victim programs, including
6.32legal advocacy clinics, training programs,
6.33public awareness initiatives, and victim
6.34services hotlines;
7.1(ii) nonprofit organizations dedicated
7.2to providing immediate and long-term
7.3emotional support and practical help for
7.4families and friends of persons who have
7.5died traumatically;
7.6(iii) organizations that provide mentoring
7.7grants for children of incarcerated parents;
7.8(iv) youth intervention programs, as defined
7.9under Minnesota Statutes, section 299A.73,
7.10with an emphasis on those programs that
7.11provide early intervention youth services to
7.12children in their communities;
7.13(v) programs that seek to develop and
7.14increase juvenile detention alternatives;
7.15(vi) re-entry programs for offenders,
7.16including the nonprofit organization selected
7.17to administer the demonstration project for
7.18high risk adults under Laws 2007, chapter
7.1954, article 1, section 19;
7.20(vii) restorative justice programs, as defined
7.21in Minnesota Statutes, section 611A.775,
7.22except that a program that receives federal
7.23funds shall not use the funds for cases
7.24involving domestic assault; and
7.25(viii) judicial branch efficiency programs,
7.26including e-citation and fine management
7.27and collection program improvements.
7.28By October 1, 2009, the office of justice
7.29programs must submit to the chairs and
7.30ranking minority members of the house
7.31and senate committees with jurisdiction
7.32over public safety policy and finance a list
7.33of all the grants awarded by the office of
7.34justice programs using federal stimulus
8.1funds, including the name of the grantee,
8.2the amount awarded, the funded activities or
8.3programs, and the length of the grant.
8.4For purposes of this section, "federal
8.5stimulus funds" means funding provided to
8.6the state under the American Recovery and
8.7Reinvestment Act of 2009.
8.8Crime victim and youth intervention
8.9programs. For the biennium ending June
8.1030, 2011, funding for the following programs
8.11must not be reduced by more than three
8.12percent from the level of state funding
8.13provided for the biennium ending June
8.1430, 2009: (i) crime victim reparations;
8.15(ii) battered women's shelters; (iii) general
8.16crime victim programs; (iv) sexual assault
8.17victim programs; and (v) youth intervention
8.18programs.
8.19Administration Costs. Up to 2.5 percent
8.20of the grant funds appropriated in this
8.21subdivision may be used to administer the
8.22grant program.
8.23
 Subd. 7.Emergency Communication Networks
 66,470,000
 70,233,000
8.24This appropriation is from the state
8.25government special revenue fund for 911
8.26emergency telecommunications services.
8.27
 (a) Public Safety Answering Points
8.28$13,664,000 each year is to be distributed
8.29as provided in Minnesota Statutes, section
8.30403.113, subdivision 2.
8.31
 (b) Medical Resource Communication Centers
8.32$683,000 each year is for grants to the
8.33Minnesota Emergency Medical Services
9.1Regulatory Board for the Metro East
9.2and Metro West Medical Resource
9.3Communication Centers that were in
9.4operation before January 1, 2000.
9.5
 (c) ARMER Debt Service
9.6$17,557,000 the first year and $23,261,000
9.7the second year are to the commissioner of
9.8finance to pay debt service on revenue bonds
9.9issued under Minnesota Statutes, section
9.10403.275.
9.11Any portion of this appropriation not needed
9.12to pay debt service in a fiscal year may be
9.13used by the commissioner of public safety to
9.14pay cash for any of the capital improvements
9.15for which bond proceeds were appropriated
9.16by Laws 2005, chapter 136, article 1, section
9.179, subdivision 8; or Laws 2007, chapter 54,
9.18article 1, section 10, subdivision 8.
9.19
 (d) Metropolitan Council Debt Service
9.20$1,410,000 each year is to the commissioner
9.21of finance for payment to the Metropolitan
9.22Council for debt service on bonds issued
9.23under Minnesota Statutes, section 403.27.
9.24
 (e) ARMER State Backbone Operating Costs
9.25$5,060,000 each year is to the commissioner
9.26of transportation for costs of maintaining and
9.27operating the first and third phases of the
9.28statewide radio system backbone.
9.29
 (f) ARMER Improvements
9.30$1,000,000 each year is for the Statewide
9.31Radio Board for costs of design, construction,
9.32maintenance of, and improvements to those
9.33elements of the statewide public safety radio
10.1and communication system that support
10.2mutual aid communications and emergency
10.3medical services or provide enhancement of
10.4public safety communication interoperability.
10.5
 (g) Next Generation 911
10.6$3,431,000 in fiscal year 2010 and
10.7$6,490,000 in fiscal year 2011 is to replace
10.8the current system with the Next Generation
10.9Internet Protocol (IP) based network. The
10.10base level of funding for fiscal year 2012
10.11shall be $2,965,000.
10.12
 (h) Emergency Communication System
10.13$5,000,000 the first year is to be used by
10.14the commissioner for any purpose related
10.15to the effective operation of the emergency
10.16communication system in the state, including
10.17the cost of personnel who prepare for and
10.18respond to emergencies.

10.19
10.20
 Sec. 11. PEACE OFFICER STANDARDS
AND TRAINING BOARD (POST)
 $
 4,143,000
 $
 4,143,000
10.21(a) Excess Amounts Transferred
10.22This appropriation is from the peace officer
10.23training account in the special revenue fund.
10.24Any new receipts credited to that account in
10.25the first year in excess of $4,143,000 must be
10.26transferred and credited to the general fund.
10.27Any new receipts credited to that account in
10.28the second year in excess of $4,143,000 must
10.29be transferred and credited to the general
10.30fund.
10.31(b) Peace Officer Training
10.32Reimbursements
11.1$3,009,000 each year is for reimbursements
11.2to local governments for peace officer
11.3training costs.

11.4
 Sec. 12. PRIVATE DETECTIVE BOARD
 $
 125,000
 $
 125,000

11.5
 Sec. 13. HUMAN RIGHTS
 $
 3,534,000
 $
 3,418,000
11.6The base budget for the Human Rights
11.7Department shall be $3,368,000 in fiscal year
11.82012 and $3,368,000 in fiscal year 2013.

11.9
 Sec. 14. DEPARTMENT OF CORRECTIONS
11.10
 Subdivision 1.Total Appropriation
 $
 466,339,000
 $
 466,759,000
11.11
 Appropriations by Fund
11.12
 2010
 2011
11.13
 General
 446,449,000
 446,869,000
11.14
 Special Revenue
 890,000
 890,000
11.15
 Federal
 19,000,000
 19,000,000
11.16The amounts that may be spent for each
11.17purpose are specified in the following
11.18subdivisions.
11.19Agency lobbyists. No portion of this
11.20appropriation may be used to pay the salary
11.21or fee of a person retained to serve as the
11.22agency's legislative liaison or lobbyist.
11.23Employees of the Governor. Any personnel
11.24costs attributable to the office of the
11.25governor must be accounted for through an
11.26appropriation to the office of the governor.
11.27The commissioner may not enter into
11.28agreements with the office of the governor
11.29under which personnel costs in the office of
11.30the governor are supported by appropriations
11.31to the agency.
12.1Car fleet. By January 1, 2010, the
12.2commissioner must reduce the department's
12.3fleet of cars by 20 percent.
12.4
 Subd. 2.Correctional Institutions
 328,336,000
 333,363,000
12.5
 Appropriations by Fund
12.6
 General
 308,756,000
 313,783,000
12.7
 Special Revenue
 580,000
 580,000
12.8
 Federal
 19,000,000
 19,000,000
12.9$19,000,000 each year is from the fiscal
12.10stabilization account in the American
12.11Recovery and Reinvestment Act of 2009.
12.12This is a onetime appropriation.
12.13The general fund base for this program shall
12.14be $331,546,000 in fiscal year 2012 and
12.15$336,085,000 in fiscal year 2013.
12.16Treatment alternatives; report. By
12.17December 15, 2009, the commissioner
12.18must submit a report to the chairs and
12.19ranking minority members of the house and
12.20senate committees with jurisdiction over
12.21public safety policy and finance concerning
12.22alternative chemical dependency treatment
12.23opportunities. The report must identify
12.24alternatives that represent best practices in
12.25chemical dependency treatment of offenders.
12.26The report must contain suggestions for
12.27reducing the length of time between
12.28offender commitment to the custody of the
12.29commissioner and graduation from chemical
12.30dependency treatment. To the extent
12.31possible, the report shall identify options
12.32that will (1) reduce the cost of treatment;
12.33(2) expand the number of treatment beds;
12.34(3) improve treatment outcomes; and (4)
13.1lower the rate of substance abuse relapse and
13.2criminal recidivism.
13.3Challenge Incarceration; Maximum
13.4Occupancy. The commissioner shall work to
13.5fill all available challenge incarceration beds
13.6for both male and female offenders. If the
13.7commissioner fails to fill at least 90 percent
13.8of the available challenge incarceration beds
13.9by December 1, 2009, the commissioner
13.10must submit a report to the chairs and
13.11ranking minority members of the house
13.12and senate committees with jurisdiction
13.13over public safety policy and finance by
13.14January 15, 2010, explaining what steps
13.15the commissioner has taken to fill the beds
13.16and why those steps failed to reach the goal
13.17established by the legislature.
13.18Performance measures; per diem
13.19reduction; report to the legislature. The
13.20commissioner of corrections must reduce the
13.21fiscal year 2008 average adult facility per
13.22diem of $89.77 by one percent. The base
13.23is cut by $2,850,000 in the first year and
13.24$2,850,000 in the second year to reflect a
13.25one percent reduction in the projected adult
13.26facility per diem.
13.27In reducing the projected adult facility per
13.28diem, the commissioner must consider the
13.29following:
13.30(1) cooperating with the State of Wisconsin
13.31to obtain economies of scale;
13.32(2) increasing the bed capacity of the
13.33challenge incarceration program;
14.1(3) increasing the number of nonviolent drug
14.2offenders who are granted conditional release
14.3under Minnesota Statutes, section 244.055;
14.4(4) increasing the use of compassionate
14.5release or less costly detention alternatives
14.6for elderly and infirm offenders;
14.7(5) implementing corrections best-practices;
14.8and
14.9(6) implementing cost-saving measures used
14.10by other states and the federal government.
14.11The commissioner must not eliminate
14.12correctional officer positions or implement
14.13any other measure that will jeopardize public
14.14safety to achieve the mandated cost savings.
14.15The commissioner also must not eliminate
14.16treatment beds to achieve the mandated cost
14.17savings.
14.18If the commissioner fails to reduce the per
14.19diem by one percent, the commissioner must:
14.20(1) reduce the funding for operations support
14.21by the amount of unrealized savings; and
14.22(2) submit a report by February 15, 2010,
14.23to the chairs and ranking minority members
14.24of the house and senate committees with
14.25jurisdiction over public safety policy and
14.26funding that contains descriptions of what
14.27efforts the commissioner made to reduce
14.28the per diem, explanations for why those
14.29steps failed to reduce the per diem by one
14.30percent, proposed legislative options that
14.31would assist the commissioner in reducing
14.32the adult facility per diem, and descriptions
14.33of the specific actions the commissioner took
14.34to reduce funding in operations support.
15.1If the commissioner reduces the per diem by
15.2more than one per cent, the commissioner
15.3must use the savings to provide treatment to
15.4offenders.
15.5Drug court bed savings. The commissioner
15.6must consider the bed impact savings of
15.7drug courts in formulating its prison bed
15.8projections.
15.9
 Subd. 3.Community Services
 115,044,000
 111,837,000
15.10
 Appropriations by Fund
15.11
 General
 114,944,000
 111,737,000
15.12
 Special Revenue
 100,000
 100,000
15.13Short-term offenders. $1,607,000 in the
15.14first year is for costs associated with the
15.15housing and care of short-term offenders
15.16sentenced prior to June 30, 2009, and housed
15.17in local jails. The commissioner may use
15.18up to 10 percent of the total amount of the
15.19appropriation for inpatient medical care
15.20for short-term offenders with less than six
15.21months to serve as affected by the changes
15.22made to Minnesota Statutes section 609.105
15.23by Laws 2003, 1st Special Session, chapter
15.242, article 5, sections 7 to 9. All funds not
15.25expended for inpatient medical care shall be
15.26added to and distributed with the housing
15.27funds. These funds shall be distributed
15.28proportionately based on the total number of
15.29days short-term offenders are placed locally,
15.30not to exceed the FY09 per diem. All funds
15.31remaining after reimbursements are made
15.32shall be transferred to the Department's
15.33institution base budget to offset the costs
15.34of housing short-term offenders who are
15.35sentenced on or after July 1, 2009, and
16.1incarcerated in state correctional facilities.
16.2Short-term offenders sentenced before July
16.31, 2009, may be housed in a state correctional
16.4facility at the discretion of the commissioner.
16.5This does not preclude the commissioner
16.6from contracting with local jails to house
16.7offenders committed to the custody of the
16.8commissioner.
16.9The Department of Corrections is exempt
16.10from the state contracting process for the
16.11purposes of Minnesota Statutes, section
16.12609.105, as amended by Laws 2003, First
16.13Special Session chapter 2, article 5, sections
16.147 to 9.
16.15Federal Grants. The commissioner must
16.16apply for all available grants for federal
16.17funds under the American Recovery and
16.18Reinvestment Act of 2009 and the Second
16.19Chance Act that the department is eligible to
16.20receive to continue and expand re-entry and
16.21restorative justice programs.
16.22
 Subd. 4.Operations Support
 22,959,000
 21,559,000
16.23
 Appropriations by Fund
16.24
 General
 22,749,000
 21,349,000
16.25
 Special Revenue
 210,000
 210,000
16.26The general fund base for this program
16.27shall be $20,949,000 in fiscal year 2012 and
16.28$20,949,000 in fiscal year 2013.

16.29
 Sec. 15. SENTENCING GUIDELINES
 $
 591,000
 $
 591,000

16.30ARTICLE 2
16.31COURTS AND PUBLIC DEFENDERS

16.32    Section 1. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
17.1    Subd. 2. Procedure. To promote and secure more efficient administration of justice,
17.2the chief justice of the Supreme Court of the state shall supervise and coordinate the work
17.3of the courts of the state. The Supreme Court may provide by rule that the chief justice not
17.4be required to write opinions as a member of the Supreme Court. Its rules may further
17.5provide for it to hear and consider cases in divisions. It may by rule assign temporarily
17.6any retired justice of the Supreme Court or one judge of the Court of Appeals or district
17.7court judge at a time to act as a justice of the Supreme Court or any number of justices
17.8or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
17.9the assignment of a Court of Appeals judge or a district court judge to act as a justice of
17.10the Supreme Court, a judge previously acting as a justice may complete unfinished duties
17.11of that position. Any number of justices may disqualify themselves from hearing and
17.12considering a case, in which event the Supreme Court may assign temporarily a retired
17.13justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
17.14and consider the case in place of each disqualified justice. A retired justice who is acting
17.15as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
17.16receive, in addition to retirement pay, out of the general fund of the state, an amount to
17.17make the retired justice's total compensation equal to the same salary as a justice or judge
17.18of the court on which the justice is acting.
17.19EFFECTIVE DATE.This section is effective July 1, 2009.

17.20    Sec. 2. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
17.21    Subd. 3. Retired justices and judges. (a) The chief justice of the Supreme Court
17.22may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
17.23pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
17.24retired judge of any court to act as a judge of any court except the Supreme Court. The
17.25chief justice of the Supreme Court shall determine the pay and expenses to be received by
17.26a justice or judge acting pursuant to this paragraph.
17.27(b) A judge who has been elected to office and who has retired as a judge in good
17.28standing and is not practicing law may also be appointed to serve as judge of any court
17.29except the Supreme Court. A retired judge acting under this paragraph will receive pay
17.30and expenses in the amount established by the Supreme Court.
17.31EFFECTIVE DATE.This section is effective July 1, 2009.

17.32    Sec. 3. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
17.33    Subd. 2. Fines and bail money. (a) All fines, installment payments, and forfeited
17.34bail money collected from persons convicted of violations of this chapter or rules adopted
18.1thereunder, or of a violation of section 169A.20 involving a motorboat, shall be paid to
18.2the county treasurer of the county where the violation occurred by the court administrator
18.3or other person collecting the money within 15 days after the last day of the month the
18.4money was collected deposited in the state treasury.
18.5(b) One-half of the receipts shall be credited to the general revenue fund of the
18.6county. The other one-half of the receipts shall be transmitted by the county treasurer to
18.7the commissioner of natural resources to be deposited in the state treasury and credited to
18.8the water recreation account for the purpose of boat and water safety.
18.9EFFECTIVE DATE.This section is effective July 1, 2009.

18.10    Sec. 4. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
18.11    Subd. 2a. Petty misdemeanor cases and criminal convictions; fee assessment. In
18.12Hennepin County and Ramsey County, the district court administrator or a designee may,
18.13upon the recommendation of the board of trustees and by standing order of the judges
18.14of the district court, include in the costs or disbursements assessed against a defendant
18.15convicted in the district court of the violation of a statute or municipal ordinance, a county
18.16law library fee. This fee may be collected in all petty misdemeanor cases and criminal
18.17prosecutions in which, upon conviction, the defendant may be subject to the payment of
18.18the costs or disbursements in addition to a fine or other penalty. When a defendant is
18.19convicted of more than one offense in a case, the county law library fee shall be imposed
18.20only once in that case.
18.21EFFECTIVE DATE.This section is effective July 1, 2009.

18.22    Sec. 5. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
18.23    Subd. 3. Petty misdemeanor cases and criminal convictions; fee assessment.
18.24The judge of district court may, upon the recommendation of the board of trustees and
18.25by standing order, include in the costs or disbursements assessed against a defendant
18.26convicted in the district court of the violation of any statute or municipal ordinance, in
18.27all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
18.28defendant may be subject to the payment of the costs or disbursements in addition to a fine
18.29or other penalty a county law library fee. When a defendant is convicted of more than one
18.30offense in a case, the county law library fee shall be imposed only once in that case. The
18.31item of costs or disbursements may not be assessed for any offense committed prior to the
18.32establishment of the county law library.
18.33EFFECTIVE DATE.This section is effective July 1, 2009.

19.1    Sec. 6. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
19.2    Subdivision 1. Sale crimes. (a) A person is guilty of controlled substance crime in
19.3the fifth degree and if convicted may be sentenced to imprisonment for not more than five
19.4years or to payment of a fine of not more than $10,000, or both if:
19.5(1) the person unlawfully sells one or more mixtures containing marijuana or
19.6tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
19.7(2) the person unlawfully sells one or more mixtures containing a controlled
19.8substance classified in schedule IV.
19.9(b) A person is guilty of controlled substance crime in the fifth degree and if the
19.10conviction is a subsequent controlled substance conviction, a person convicted shall be
19.11committed to the commissioner of corrections or to a local correctional authority for
19.12not less than six months nor more than ten years and, in addition, may be sentenced to
19.13payment of a fine of not more than $20,000 if:
19.14(1) the person unlawfully sells one or more mixtures containing marijuana or
19.15tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
19.16(2) the person unlawfully sells one or more mixtures containing a controlled
19.17substance classified in schedule IV.
19.18EFFECTIVE DATE.This section is effective July 1, 2009.

19.19    Sec. 7. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
19.20    Subd. 2. Possession and other crimes. (a) A person is guilty of controlled
19.21substance crime in the fifth degree and if convicted may be sentenced to imprisonment for
19.22not more than five years or to payment of a fine of not more than $10,000, or both if:
19.23(1) the person unlawfully possesses one or more mixtures containing a controlled
19.24substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
19.25(2) the person procures, attempts to procure, possesses, or has control over a
19.26controlled substance by any of the following means:
19.27(i) fraud, deceit, misrepresentation, or subterfuge;
19.28(ii) using a false name or giving false credit; or
19.29(iii) falsely assuming the title of, or falsely representing any person to be, a
19.30manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
19.31medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
19.32obtaining a controlled substance.
19.33(b) A person is guilty of controlled substance crime in the fifth degree and if the
19.34conviction is a subsequent controlled substance conviction, a person convicted shall be
19.35committed to the commissioner of corrections or to a local correctional authority for
20.1not less than six months nor more than ten years and, in addition, may be sentenced to
20.2payment of a fine of not more than $20,000 if:
20.3(1) the person unlawfully possesses one or more mixtures containing a controlled
20.4substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
20.5(2) the person procures, attempts to procure, possesses, or has control over a
20.6controlled substance by any of the following means:
20.7(i) fraud, deceit, misrepresentation, or subterfuge;
20.8(ii) using a false name or giving false credit; or
20.9(iii) falsely assuming the title of, or falsely representing any person to be, a
20.10manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
20.11medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
20.12obtaining a controlled substance.
20.13EFFECTIVE DATE.This section is effective July 1, 2009.

20.14    Sec. 8. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
20.15    Subdivision 1. Possession of precursors. (a) A person is guilty of a crime if the
20.16person possesses any chemical reagents or precursors with the intent to manufacture
20.17methamphetamine and if convicted may be sentenced to imprisonment for not more than
20.18ten years or to payment of a fine of not more than $20,000, or both.
20.19(b) A person is guilty of a crime if the person possesses any chemical reagents or
20.20precursors with the intent to manufacture methamphetamine and may be sentenced to
20.21imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
20.22or both, if the conviction is for a subsequent controlled substance conviction.
20.23 As used in this section and section 152.021, "chemical reagents or precursors"
20.24includes any of the following substances, or any similar substances that can be used to
20.25manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
20.26similar substance:
20.27(1) ephedrine;
20.28(2) pseudoephedrine;
20.29(3) phenyl-2-propanone;
20.30(4) phenylacetone;
20.31(5) anhydrous ammonia;
20.32(6) organic solvents;
20.33(7) hydrochloric acid;
20.34(8) lithium metal;
20.35(9) sodium metal;
21.1(10) ether;
21.2(11) sulfuric acid;
21.3(12) red phosphorus;
21.4(13) iodine;
21.5(14) sodium hydroxide;
21.6(15) benzaldehyde;
21.7(16) benzyl methyl ketone;
21.8(17) benzyl cyanide;
21.9(18) nitroethane;
21.10(19) methylamine;
21.11(20) phenylacetic acid;
21.12(21) hydriodic acid; or
21.13(22) hydriotic acid.
21.14EFFECTIVE DATE.This section is effective July 1, 2009.

21.15    Sec. 9. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
21.16    Subdivision 1. Driving while impaired crime. It is a crime for any person to drive,
21.17operate, or be in physical control of any motor vehicle, as defined in section 169A.03,
21.18subdivision 15, except for motor boats and off-road recreational vehicles, within this state
21.19or on any boundary water of this state when:
21.20(1) when the person is under the influence of alcohol;
21.21(2) when the person is under the influence of a controlled substance;
21.22(3) when the person is knowingly under the influence of a hazardous substance that
21.23affects the nervous system, brain, or muscles of the person so as to substantially impair
21.24the person's ability to drive or operate the motor vehicle;
21.25(4) when the person is under the influence of a combination of any two or more of
21.26the elements named in clauses (1), (2), and to (3);
21.27(5) when the person's alcohol concentration at the time, or as measured within
21.28two hours of the time, of driving, operating, or being in physical control of the motor
21.29vehicle is 0.08 or more;
21.30(6) when the vehicle is a commercial motor vehicle and the person's alcohol
21.31concentration at the time, or as measured within two hours of the time, of driving,
21.32operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
21.33(7) when the person's body contains any amount of a controlled substance listed in
21.34schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
21.35EFFECTIVE DATE.This section is effective July 1, 2009.

22.1    Sec. 10. Minnesota Statutes 2008, section 169A.20, is amended by adding a
22.2subdivision to read:
22.3    Subd. 1a. Driving while impaired crime; motorboat. It is a crime for any person
22.4to operate or be in physical control of a motorboat, as defined in section 86B.005,
22.5subdivision 9, on any waters or boundary water of this state when:
22.6(1) the person is under the influence of alcohol;
22.7(2) the person is under the influence of a controlled substance;
22.8(3) the person is knowingly under the influence of a hazardous substance that
22.9affects the nervous system, brain, or muscles of the person so as to substantially impair
22.10the person's ability to drive or operate the motor vehicle;
22.11(4) the person is under the influence of a combination of any two or more of the
22.12elements named in clauses (1) to (3);
22.13(5) the person's alcohol concentration at the time, or as measured within two hours
22.14of the time, of driving, operating, or being in physical control of the motor vehicle is
22.150.08 or more;
22.16(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
22.17at the time, or as measured within two hours of the time, of driving, operating, or being in
22.18physical control of the commercial motor vehicle is 0.04 or more; or
22.19(7) the person's body contains any amount of a controlled substance listed in
22.20schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
22.21EFFECTIVE DATE.This section is effective July 1, 2009.

22.22    Sec. 11. Minnesota Statutes 2008, section 169A.20, is amended by adding a
22.23subdivision to read:
22.24    Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
22.25is a crime for any person to operate or be in physical control of a snowmobile or all-terrain
22.26vehicle anywhere in this state or on the ice of any boundary water of this state when:
22.27(1) the person is under the influence of alcohol;
22.28(2) the person is under the influence of a controlled substance;
22.29(3) the person is knowingly under the influence of a hazardous substance that
22.30affects the nervous system, brain, or muscles of the person so as to substantially impair
22.31the person's ability to drive or operate the motor vehicle;
22.32(4) the person is under the influence of a combination of any two or more of the
22.33elements named in clauses (1) to (3);
23.1(5) the person's alcohol concentration at the time, or as measured within two hours
23.2of the time, of driving, operating, or being in physical control of the motor vehicle is
23.30.08 or more;
23.4(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
23.5at the time, or as measured within two hours of the time, of driving, operating, or being in
23.6physical control of the commercial motor vehicle is 0.04 or more; or
23.7(7) the person's body contains any amount of a controlled substance listed in
23.8schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
23.9EFFECTIVE DATE.This section is effective July 1, 2009.

23.10    Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a
23.11subdivision to read:
23.12    Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
23.13vehicle. It is a crime for any person to operate or be in physical control of any off-highway
23.14motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
23.15in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
23.16water of this state when:
23.17(1) the person is under the influence of alcohol;
23.18(2) the person is under the influence of a controlled substance;
23.19(3) the person is knowingly under the influence of a hazardous substance that
23.20affects the nervous system, brain, or muscles of the person so as to substantially impair
23.21the person's ability to drive or operate the motor vehicle;
23.22(4) the person is under the influence of a combination of any two or more of the
23.23elements named in clauses (1) to (3);
23.24(5) the person's alcohol concentration at the time, or as measured within two hours
23.25of the time, of driving, operating, or being in physical control of the motor vehicle is
23.260.08 or more;
23.27(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
23.28at the time, or as measured within two hours of the time, of driving, operating, or being in
23.29physical control of the commercial motor vehicle is 0.04 or more; or
23.30(7) the person's body contains any amount of a controlled substance listed in
23.31schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
23.32EFFECTIVE DATE.This section is effective July 1, 2009.

23.33    Sec. 13. Minnesota Statutes 2008, section 169A.284, is amended to read:
24.1169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
24.2SURCHARGE.
24.3    Subdivision 1. When required. (a) When a court sentences a person convicted
24.4of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment;
24.5requirement; form), it shall order the person to pay the cost of the assessment directly
24.6to the entity conducting the assessment or providing the assessment services in an
24.7amount determined by the entity conducting or providing the service and shall impose
24.8a chemical dependency assessment charge of $125 $25. The court may waive the $25
24.9assessment charge, but may not waive the cost for the assessment paid directly to the
24.10entity conducting the assessment or providing assessment services. A person shall pay
24.11an additional surcharge of $5 if the person is convicted of a violation of section 169A.20
24.12(driving while impaired) within five years of a prior impaired driving conviction or a prior
24.13conviction for an offense arising out of an arrest for a violation of section 169A.20 or
24.14Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
24.15substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies
24.16when the sentence is executed, stayed, or suspended. The court may not waive payment
24.17or authorize payment of the assessment charge and surcharge in installments unless it
24.18makes written findings on the record that the convicted person is indigent or that the
24.19assessment charge and surcharge would create undue hardship for the convicted person or
24.20that person's immediate family.
24.21(b) The chemical dependency assessment charge and surcharge required under
24.22this section are in addition to the surcharge required by section 357.021, subdivision 6
24.23(surcharges on criminal and traffic offenders).
24.24    Subd. 2. Distribution of money. The county court administrator shall collect and
24.25forward to the commissioner of finance $25 of the chemical dependency assessment
24.26charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the
24.27commissioner in writing why the money was not forwarded within this time period. The
24.28commissioner shall credit the money to the commissioner of finance to be deposited in the
24.29state treasury and credited to the general fund. The county shall collect and keep $100 of
24.30the chemical dependency assessment charge.
24.31EFFECTIVE DATE.This section is effective July 1, 2009.

24.32    Sec. 14. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
24.33    Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
24.34money, from traffic and motor vehicle law violations, collected from persons apprehended
24.35or arrested by officers of the State Patrol, shall be paid transmitted by the person or officer
25.1collecting the fines, forfeited bail money, or installments thereof, on or before the tenth
25.2day after the last day of the month in which these moneys were collected, to the county
25.3treasurer of the county where the violation occurred. commissioner of finance. Except
25.4where a different disposition is required in this paragraph, paragraph (b), section 387.213,
25.5or is otherwise provided by law, three-eighths of these receipts shall be credited to the
25.6general revenue fund of the county, except that in a county in a judicial district under
25.7section 480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted
25.8to the commissioner of finance for deposit deposited in the state treasury and credited to
25.9the state general fund. The other five-eighths of these receipts shall be transmitted by that
25.10officer to the commissioner of finance and must be deposited in the state treasury and
25.11credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
25.12Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
25.13receipts must be credited to the state trunk highway fund. If, however, the violation occurs
25.14within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
25.15is entered, one-third of the receipts shall be deposited in the state treasury and credited
25.16to the state general revenue fund of the county, one-third of the receipts shall be paid
25.17to the municipality prosecuting the offense, and one-third shall be transmitted to the
25.18commissioner of finance as provided in this subdivision. deposited in the state treasury
25.19and credited to the Minnesota grade crossing safety account or the state trunk highway
25.20fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
25.21section 387.213 shall be applied before this paragraph is applied. All costs of participation
25.22in a nationwide police communication system chargeable to the state of Minnesota shall
25.23be paid from appropriations for that purpose.
25.24(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
25.25from violations of statutes governing the maximum weight of motor vehicles, collected
25.26from persons apprehended or arrested by employees of the state of Minnesota, by means
25.27of stationary or portable scales operated by these employees, shall be paid transmitted by
25.28the person or officer collecting the fines or forfeited bail money, on or before the tenth day
25.29after the last day of the month in which the collections were made, to the county treasurer
25.30of the county where the violation occurred commissioner of finance. Five-eighths of these
25.31receipts shall be transmitted by that officer to the commissioner of finance and shall be
25.32deposited in the state treasury and credited to the state highway user tax distribution fund.
25.33Three-eighths of these receipts shall be deposited in the state treasury and credited to the
25.34state general revenue fund of the county, except that in a county in a judicial district
25.35under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be
26.1transmitted to the commissioner of finance for deposit in the state treasury and credited
26.2to the general fund.
26.3EFFECTIVE DATE.This section is effective July 1, 2009.

26.4    Sec. 15. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
26.5    Subd. 2. Fee amounts. The fees to be charged and collected by the court
26.6administrator shall be as follows:
26.7(1) In every civil action or proceeding in said court, including any case arising under
26.8the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
26.9petitioner, or other moving party shall pay, when the first paper is filed for that party in said
26.10action, a fee of $240 $300, except in marriage dissolution actions the fee is $270 $330.
26.11The defendant or other adverse or intervening party, or any one or more of several
26.12defendants or other adverse or intervening parties appearing separately from the others,
26.13shall pay, when the first paper is filed for that party in said action, a fee of $240 $300,
26.14except in marriage dissolution actions the fee is $270 $330.
26.15The party requesting a trial by jury shall pay $75 $100.
26.16The fees above stated shall be the full trial fee chargeable to said parties irrespective
26.17of whether trial be to the court alone, to the court and jury, or disposed of without trial,
26.18and shall include the entry of judgment in the action, but does not include copies or
26.19certified copies of any papers so filed or proceedings under chapter 103E, except the
26.20provisions therein as to appeals.
26.21(2) Certified copy of any instrument from a civil or criminal proceeding, $10 $14,
26.22and $5 $8 for an uncertified copy.
26.23(3) Issuing a subpoena, $12 $16 for each name.
26.24(4) Filing a motion or response to a motion in civil, family, excluding child support,
26.25and guardianship cases, $55 $100.
26.26(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
26.27injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
26.28specifically mentioned, $40 $55.
26.29(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
26.30judgment from another court, $30 $40.
26.31(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
26.32of judgment, $5.
26.33(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
26.34name certified to.
27.1(9) Filing and indexing trade name; or recording basic science certificate;
27.2or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
27.3optometrists, $5.
27.4(10) For the filing of each partial, final, or annual account in all trusteeships, $40 $55.
27.5(11) For the deposit of a will, $20 $27.
27.6(12) For recording notary commission, $100, of which, notwithstanding subdivision
27.71a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
27.8in the state treasury and credited to the general fund.
27.9(13) Filing a motion or response to a motion for modification of child support,
27.10a fee of $55 $100.
27.11(14) All other services required by law for which no fee is provided, such fee
27.12as compares favorably with those herein provided, or such as may be fixed by rule or
27.13order of the court.
27.14(15) In addition to any other filing fees under this chapter, a surcharge in the
27.15amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
27.16each adoption petition filed in district court to fund the fathers' adoption registry under
27.17section 259.52.
27.18The fees in clauses (3) and (5) need not be paid by a public authority or the party
27.19the public authority represents.
27.20EFFECTIVE DATE.This section is effective July 1, 2009.

27.21    Sec. 16. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
27.22    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
27.23in this paragraph, the court shall impose and the court administrator shall collect a $75
27.24surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
27.25petty misdemeanor offense violation of a statute, ordinance, or administrative rule, other
27.26than a violation of a law or ordinance relating to vehicle parking, for which there shall
27.27be a $4 $5 surcharge. When a defendant is convicted of more than one offense in a case,
27.28the surcharge shall be imposed only once in that case. In the Second Judicial District, the
27.29court shall impose, and the court administrator shall collect, an additional $1 surcharge
27.30on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
27.31misdemeanor offense, including a violation of a law or ordinance relating to vehicle
27.32parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
27.33surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
27.34sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
27.35petty misdemeanor for which no fine is imposed.
28.1    (b) If the court fails to impose a surcharge as required by this subdivision, the court
28.2administrator shall show the imposition of the surcharge, collect the surcharge, and
28.3correct the record.
28.4    (c) The court may not waive payment of the surcharge required under this
28.5subdivision. Upon a showing of indigency or undue hardship upon the convicted person
28.6or the convicted person's immediate family, the sentencing court may authorize payment
28.7of the surcharge in installments.
28.8    (d) The court administrator or other entity collecting a surcharge shall forward it
28.9to the commissioner of finance.
28.10    (e) If the convicted person is sentenced to imprisonment and has not paid the
28.11surcharge before the term of imprisonment begins, the chief executive officer of the
28.12correctional facility in which the convicted person is incarcerated shall collect the
28.13surcharge from any earnings the inmate accrues from work performed in the facility
28.14or while on conditional release. The chief executive officer shall forward the amount
28.15collected to the commissioner of finance court administrator or other entity collecting the
28.16surcharge imposed by the court.
28.17EFFECTIVE DATE.This section is effective July 1, 2009.

28.18    Sec. 17. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
28.19    Subd. 7. Disbursement of surcharges by commissioner of finance. (a) Except
28.20as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
28.21surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:
28.22    (1) one percent shall be credited to the game and fish fund to provide peace officer
28.23training for employees of the Department of Natural Resources who are licensed under
28.24sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
28.25enforcing game and fish laws;
28.26    (2) 39 percent shall be credited to the peace officers training account in the special
28.27revenue fund; and
28.28    (3) 60 percent shall be credited to the general fund.
28.29    (b) The commissioner of finance shall credit $3 of each surcharge received under
28.30subdivision 6 and section 97A.065, subdivision 2, to the general fund.
28.31    (c) In addition to any amounts credited under paragraph (a), the commissioner
28.32of finance shall credit $47 of each surcharge received under subdivision 6 and section
28.3397A.065, subdivision 2 , and the $4 $5 parking surcharge, to the general fund.
28.34    (d) If the Ramsey County Board of Commissioners authorizes imposition of
28.35the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
29.1administrator in the Second Judicial District shall transmit the surcharge to the
29.2commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
29.3surcharge account in the special revenue fund and amounts in the account are appropriated
29.4to the trial courts for the administration of the petty misdemeanor diversion program
29.5operated by the Second Judicial District Ramsey County Violations Bureau.
29.6EFFECTIVE DATE.This section is effective July 1, 2009.

29.7    Sec. 18. Minnesota Statutes 2008, section 357.022, is amended to read:
29.8357.022 CONCILIATION COURT FEE.
29.9The court administrator in every county shall charge and collect a filing fee of $50
29.10$65 from every plaintiff and from every defendant when the first paper for that party is
29.11filed in any conciliation court action. This section does not apply to conciliation court
29.12actions filed by the state. The court administrator shall transmit the fees monthly to the
29.13commissioner of finance for deposit in the state treasury and credit to the general fund.
29.14EFFECTIVE DATE.This section is effective July 1, 2009.

29.15    Sec. 19. Minnesota Statutes 2008, section 357.08, is amended to read:
29.16357.08 PAID BY APPELLANT IN APPEAL.
29.17There shall be paid to the clerk of the appellate courts by the appellant, or moving
29.18party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
29.19mandamus, injunction, prohibition, or other original proceeding, when initially filed with
29.20the clerk of the appellate courts, the sum of $500 $550 to the clerk of the appellate courts.
29.21An additional filing fee of $100 shall be required for a petition for accelerated review by
29.22the Supreme Court. A filing fee of $500 $550 shall be paid to the clerk of the appellate
29.23courts upon the filing of a petition for review from a decision of the Court of Appeals. A
29.24filing fee of $500 $550 shall be paid to the clerk of the appellate courts upon the filing
29.25of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
29.26the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
29.27transmit the fees to the commissioner of finance for deposit in the state treasury and
29.28credit to the general fund.
29.29The clerk shall not file any paper, issue any writ or certificate, or perform any service
29.30enumerated herein, until the payment has been made for it. The clerk shall pay the sum
29.31into the state treasury as provided for by section 15A.01.
29.32The charges provided for shall not apply to disbarment proceedings, nor to an
29.33action or proceeding by the state taken solely in the public interest, where the state is the
29.34appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
30.1to the parties before judgment, or furnished to the district judge whose decision is under
30.2review, or to such law library associations in counties having a population exceeding
30.350,000, as the court may direct.
30.4EFFECTIVE DATE.This section is effective July 1, 2009.

30.5    Sec. 20. Minnesota Statutes 2008, section 364.08, is amended to read:
30.6364.08 PRACTICE OF LAW; EXCEPTION.
30.7This chapter shall not apply to the practice of law or judicial branch employment;
30.8but nothing in this section shall be construed to preclude the Supreme Court, in its
30.9discretion, from adopting the policies set forth in this chapter.
30.10EFFECTIVE DATE.This section is effective July 1, 2009.

30.11    Sec. 21. Minnesota Statutes 2008, section 375.14, is amended to read:
30.12375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
30.13The county board shall provide offices at the county seat for the auditor, treasurer,
30.14county recorder, sheriff, court administrator of the district court, and an office for the
30.15county engineer at a site determined by the county board, with suitable furniture and
30.16safes and vaults for the security and preservation of the books and papers of the offices,
30.17and provide heating, lighting, and maintenance of the offices. The board shall furnish
30.18all county officers with all books, stationery, letterheads, envelopes, postage, telephone
30.19service, office equipment, electronic technology, and supplies necessary to the discharge
30.20of their respective duties and make like provision for the judges of the district court
30.21as necessary to the discharge of their duties within the county or concerning matters
30.22arising in it. The board is not required to furnish any county officer with professional or
30.23technical books or instruments except when the board deems them directly necessary to
30.24the discharge of official duties as part of the permanent equipment of the office.
30.25EFFECTIVE DATE.This section is effective July 1, 2009.

30.26    Sec. 22. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
30.27to read:
30.28    Subd. 10c. Uniform collections policies and procedures for courts. (a)
30.29Notwithstanding chapter 16D, the state court administrator under the direction of the
30.30Judicial Council may promulgate uniform collections policies and procedures for the
30.31courts and may contract with credit bureaus, public and private collection agencies, the
30.32Department of Revenue, and other public or private entities providing collection services
31.1as necessary for the collection of court debts. The court collection process and procedures
31.2are not subject to section 16A.125 or chapter 16D.
31.3(b) Court debt means an amount owed to the state directly or through the judicial
31.4branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
31.5court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
31.6liability owed, an assignment to the judicial branch, recovery of costs incurred by the
31.7judicial branch, or any other source of indebtedness to the judicial branch as well as
31.8amounts owed to other public or private entities for which the judicial branch acts in
31.9providing collection services, or any other amount owed to the judicial branch.
31.10(c) The courts must pay for the collection services of public or private collection
31.11entities as well as the cost of one or more court employees to provide collection interface
31.12services between the Department of Revenue, the courts, and one or more collection
31.13entities from the money collected. The portion of the money collected which must be paid
31.14to the collection entity as collection fees and costs and the portion of the money collected
31.15which must be paid to the courts or Department of Revenue for collection services are
31.16appropriated from the fund to which the collected money is due.
31.17(d) As determined by the state court administrator, collection costs shall be added to
31.18the debts referred to a public or private collection entity for collection.
31.19Collection costs shall include the fees of the collection entity, and may include, if
31.20separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
31.21by any public entity for obtaining information necessary for debt collection, or other
31.22collection-related costs. Collection costs shall also include the costs of one or more court
31.23employees employed by the state court administrator to provide a collection interface
31.24between the collection entity, the Department of Revenue, and the courts.
31.25If the collection entity collects an amount less than the total due, the payment is
31.26applied proportionally to collection costs and the underlying debt. Collection costs in
31.27excess of collection agency fees and court employee collection interface costs must be
31.28deposited in the general fund as nondedicated receipts.
31.29EFFECTIVE DATE.This section is effective July 1, 2009.

31.30    Sec. 23. Minnesota Statutes 2008, section 484.85, is amended to read:
31.31484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
31.32ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
31.33(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
31.34for the violation of a statute or ordinance by the state or a governmental subdivision other
31.35than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
32.1paid over to the county treasurer except where a different disposition is provided by law,
32.2and the following fees shall be taxed to the state or governmental subdivision other than
32.3a city or town within Ramsey County which would be entitled to payment of the fines,
32.4forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
32.5disposal of the matter. The administrator shall deduct the fees from any fine collected for
32.6the state of Minnesota or a governmental subdivision other than a city or town within
32.7Ramsey County and transmit the balance in accordance with the law, and the deduction of
32.8the total of the fees each month from the total of all the fines collected is hereby expressly
32.9made an appropriation of funds for payment of the fees:
32.10(1) in all cases where the defendant is brought into court and pleads guilty and is
32.11sentenced, or the matter is otherwise disposed of without a trial, $5;
32.12(2) in arraignments where the defendant waives a preliminary examination, $10;
32.13(3) in all other cases where the defendant stands trial or has a preliminary
32.14examination by the court, $15; and
32.15(4) the court shall have the authority to waive the collection of fees in any particular
32.16case.
32.17(b) On or before the last day of each month, the county treasurer shall pay over
32.18to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
32.19collected and to the treasurer of each other municipality or subdivision of government in
32.20Ramsey County one-half of all fines or penalties collected during the previous month from
32.21those imposed for offenses committed within the treasurer's municipality or subdivision
32.22of government in violation of a statute; an ordinance; or a charter provision, rule, or
32.23regulation of a city. All other fines and forfeitures and all fees and costs collected by the
32.24district court shall be paid to the treasurer of Ramsey County, who shall dispense the
32.25same as provided by law.
32.26(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
32.27municipality or subdivision of government within Ramsey County for violation of a
32.28statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties,
32.29and forfeitures collected by the court administrator shall be forwarded to the commissioner
32.30of finance and distributed according to this paragraph. Except where a different disposition
32.31is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
32.32each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
32.33collected by the court administrator during the previous month as follows:
32.34(1) for offenses committed within the city of St. Paul, two-thirds paid to the
32.35treasurer of the city of St. Paul and one-third deposited in the state treasury and credited
32.36to the general fund; and
33.1(2) for offenses committed within any other municipality or subdivision of
33.2government within Ramsey County, one-half to the treasurer of the municipality or
33.3subdivision of government and one-half deposited in the state treasury and credited to the
33.4general fund.
33.5All other fines, penalties, and forfeitures collected by the district court shall be
33.6forwarded to the commissioner of finance, who shall distribute them as provided by law.
33.7(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
33.8(a) when:
33.9(1) a city contracts with the county attorney for prosecutorial services under section
33.10484.87, subdivision 3; or
33.11(2) the attorney general provides assistance to the city attorney under section 484.87,
33.12subdivision 5.
33.13(c) The court administrator shall provide the commissioner of finance with the name
33.14of the municipality or other subdivision of government where the offense was committed
33.15and the total amount of fines or penalties collected for each city, town, or other subdivision
33.16of government, for the county, or for the state.
33.17EFFECTIVE DATE.This section is effective July 1, 2009.

33.18    Sec. 24. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
33.19    Subd. 6. Allocation. The court administrator shall provide the county treasurer with
33.20the name of the municipality or other subdivision of government where the offense was
33.21committed which employed or provided by contract the arresting or apprehending officer
33.22and the name of the municipality or other subdivision of government which employed the
33.23prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
33.24penalty and the total amount of fines or penalties collected for each municipality or other
33.25subdivision of government. On or before the last day of each month, the county treasurer
33.26shall pay over to the treasurer of each municipality or subdivision of government within
33.27the county all fines or penalties for parking violations for which complaints and warrants
33.28have not been issued and one-third of all fines or penalties collected during the previous
33.29month for offenses committed within the municipality or subdivision of government
33.30from persons arrested or issued citations by officers employed by the municipality or
33.31subdivision or provided by the municipality or subdivision by contract. An additional
33.32one-third of all fines or penalties shall be paid to the municipality or subdivision of
33.33government providing prosecution of offenses of the type for which the fine or penalty
33.34is collected occurring within the municipality or subdivision, imposed for violations of
33.35state statute or of an ordinance, charter provision, rule, or regulation of a city whether or
34.1not a guilty plea is entered or bail is forfeited. Except as provided in section 299D.03,
34.2subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees
34.3and statutory court costs collected by the court administrator shall be paid to the county
34.4treasurer of the county in which the funds were collected who shall dispense them as
34.5provided by law. In a county in a judicial district under section 480.181, subdivision 1,
34.6paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to
34.7the commissioner of finance for deposit in the state treasury and credited to the general
34.8fund. (a) In all cases prosecuted in district court by an attorney for a municipality or
34.9other subdivision of government within the county for violations of state statute, or of
34.10an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and
34.11forfeitures collected shall be forwarded to the commissioner of finance and distributed
34.12according to this paragraph. Except where a different disposition is provided by section
34.13299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each
34.14month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
34.15collected by the court administrator during the previous month as follows:
34.16(1) 100 percent of all fines or penalties for parking violations for which complaints
34.17and warrants have not been issued to the treasurer of the city or town in which the offense
34.18was committed; and
34.19(2) two-thirds of all other fines to the treasurer of the city or town in which the
34.20offense was committed and one-third deposited in the state treasury and credited to the
34.21general fund.
34.22All other fines, penalties, and forfeitures collected by the court administrator shall be
34.23forwarded to the commissioner of finance, who shall distribute them as provided by law.
34.24(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
34.25(a) when:
34.26(1) a city contracts with the county attorney for prosecutorial services under section
34.27484.87, subdivision 3;
34.28(2) a city has a population of 600 or less and has given the duty to prosecute cases to
34.29the county attorney under section 487.87; or
34.30(3) the attorney general provides assistance to the county attorney as permitted
34.31by law.
34.32(c) The court administrator shall provide the commissioner of finance with the name
34.33of the city, town, or other subdivision of government where the offense was committed
34.34and the total amount of fines or penalties collected for each city, town, or other subdivision
34.35of government, for the county, or for the state.
34.36EFFECTIVE DATE.This section is effective July 1, 2009.

35.1    Sec. 25. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
35.2    Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
35.3rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
35.4conciliation court judgment or a judgment of district court on removal from conciliation
35.5court has been docketed in district court, the judgment creditor's attorney as an officer of
35.6the court may or the district court in the county in which the judgment originated shall,
35.7upon request of the judgment creditor, order the judgment debtor to mail to the judgment
35.8creditor information as to the nature, amount, identity, and locations of all the debtor's
35.9assets, liabilities, and personal earning. The information must be provided on a form
35.10prescribed by the Supreme Court, and the information shall be sufficiently detailed to
35.11enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
35.12nonexempt assets and earnings of the judgment debtor. The order must contain a notice
35.13that failure to complete the form and mail it to the judgment creditor within ten days after
35.14service of the order may result in a citation for civil contempt of court. Cash bail posted as
35.15a result of being cited for civil contempt of court order under this section may be ordered
35.16payable to the creditor to satisfy the judgment, either partially or fully.
35.17EFFECTIVE DATE.This section is effective July 1, 2009.

35.18    Sec. 26. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
35.19    Subdivision 1. Original documents. The court administrator of any county upon
35.20order of the judge exercising probate jurisdiction may destroy all the original documents
35.21in any probate proceeding of record in the office five years after the file in such proceeding
35.22has been closed provided the original or a Minnesota state archives commission approved
35.23photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
35.24of the original of the following enumerated documents in the proceeding are on file in
35.25the office.
35.26Enumerated original documents:
35.27(a) In estates, the jurisdictional petition and proof of publication of the notice of
35.28hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
35.29directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
35.30setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
35.31orders of distribution and general protection; decrees of distribution; federal estate tax
35.32closing letter, consent to discharge by commissioner of revenue and order discharging
35.33representative; and any amendment of the listed documents.
35.34When an estate is deemed closed as provided in clause (d) of this subdivision, the
35.35enumerated documents shall include all claims of creditors.
36.1(b) In guardianships or conservatorships, the jurisdictional petition and order for
36.2hearing thereof with proof of service; letters; orders directing and confirming sale,
36.3mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
36.4discharging guardian; and any amendment of the listed documents.
36.5(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
36.6examination; warrant of commitment; notice of discharge from institution, or notice of
36.7death and order for restoration to capacity; and any amendment of the listed documents.
36.8(d) Except for the enumerated documents described in this subdivision, the court
36.9administrator may destroy all other original documents in any probate proceeding without
36.10retaining any reproduction of the document. For the purpose of this subdivision, a
36.11proceeding is deemed closed if no document has been filed in the proceeding for a period
36.12of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
36.13decedents not adjudicated upon.
36.14EFFECTIVE DATE.This section is effective July 1, 2009.

36.15    Sec. 27. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
36.16    Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
36.17of money, including a judgment for the recovery of taxes, interest from the time of
36.18the verdict, award, or report until judgment is finally entered shall be computed by the
36.19court administrator or arbitrator as provided in paragraph (c) and added to the judgment
36.20or award.
36.21(b) Except as otherwise provided by contract or allowed by law, preverdict,
36.22preaward, or prereport interest on pecuniary damages shall be computed as provided
36.23in paragraph (c) from the time of the commencement of the action or a demand for
36.24arbitration, or the time of a written notice of claim, whichever occurs first, except as
36.25provided herein. The action must be commenced within two years of a written notice of
36.26claim for interest to begin to accrue from the time of the notice of claim. If either party
36.27serves a written offer of settlement, the other party may serve a written acceptance or a
36.28written counteroffer within 30 days. After that time, interest on the judgment or award
36.29shall be calculated by the judge or arbitrator in the following manner. The prevailing
36.30party shall receive interest on any judgment or award from the time of commencement
36.31of the action or a demand for arbitration, or the time of a written notice of claim, or as
36.32to special damages from the time when special damages were incurred, if later, until the
36.33time of verdict, award, or report only if the amount of its offer is closer to the judgment or
36.34award than the amount of the opposing party's offer. If the amount of the losing party's
36.35offer was closer to the judgment or award than the prevailing party's offer, the prevailing
37.1party shall receive interest only on the amount of the settlement offer or the judgment or
37.2award, whichever is less, and only from the time of commencement of the action or a
37.3demand for arbitration, or the time of a written notice of claim, or as to special damages
37.4from when the special damages were incurred, if later, until the time the settlement offer
37.5was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
37.6and counteroffers. For the purposes of clause (2), the amount of settlement offer must
37.7be allocated between past and future damages in the same proportion as determined by
37.8the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
37.9preaward, or prereport interest shall not be awarded on the following:
37.10(1) judgments, awards, or benefits in workers' compensation cases, but not including
37.11third-party actions;
37.12(2) judgments or awards for future damages;
37.13(3) punitive damages, fines, or other damages that are noncompensatory in nature;
37.14(4) judgments or awards not in excess of the amount specified in section 491A.01;
37.15and
37.16(5) that portion of any verdict, award, or report which is founded upon interest, or
37.17costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
37.18(c) (1) For a judgment or award of $50,000 or less,the interest shall be computed as
37.19simple interest per annum. The rate of interest shall be based on the secondary market
37.20yield of one year United States Treasury bills, calculated on a bank discount basis as
37.21provided in this section.
37.22On or before the 20th day of December of each year the state court administrator
37.23shall determine the rate from the one-year constant maturity treasury yield for the most
37.24recent calendar month, reported on a monthly basis in the latest statistical release of the
37.25board of governors of the Federal Reserve System. This yield, rounded to the nearest one
37.26percent, or four percent, whichever is greater, shall be the annual interest rate during the
37.27succeeding calendar year. The state court administrator shall communicate the interest
37.28rates to the court administrators and sheriffs for use in computing the interest on verdicts
37.29and shall make the interest rates available to arbitrators.
37.30(2) For a judgment or award over $50,000, the interest rate shall be ten percent
37.31per year.
37.32(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
37.33received a payment after entry of judgment, whether the payment is made voluntarily by
37.34or on behalf of the judgment debtor, or is collected by legal process other than execution
37.35levy where a proper return has been filed with the court administrator, the judgment
37.36creditor, or the judgment creditor's attorney, before applying to the court administrator
38.1for an execution shall file with the court administrator an affidavit of partial satisfaction.
38.2The affidavit must state the dates and amounts of payments made upon the judgment after
38.3the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
38.4is applied to taxable disbursements and to accrued interest and to the unpaid principal
38.5balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
38.6application of each payment.
38.7(d) This section does not apply to arbitrations between employers and employees
38.8under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
38.9awarding interest under chapter 179 or under section 179A.16 for essential employees.
38.10EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
38.11judgments and awards finally entered on or after that date.

38.12    Sec. 28. Minnesota Statutes 2008, section 550.011, is amended to read:
38.13550.011 JUDGMENT DEBTOR DISCLOSURE.
38.14Unless the parties have otherwise agreed, if a judgment has been docketed in
38.15district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
38.16attorney as an officer of the court may or the district court in the county in which the
38.17judgment originated shall, upon request of the judgment creditor, order the judgment
38.18debtor to mail by certified mail to the judgment creditor information as to the nature,
38.19amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
38.20The information must be provided on a form prescribed by the Supreme Court, and
38.21the information shall be sufficiently detailed to enable the judgment creditor to obtain
38.22satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
38.23judgment debtor. The order must contain a notice that failure to complete the form and
38.24mail it to the judgment creditor within ten days after service of the order may result in a
38.25citation for civil contempt of court. Cash bail posted as a result of being cited for civil
38.26contempt of court order under this section may be ordered payable to the creditor to
38.27satisfy the judgment, either partially or fully.
38.28EFFECTIVE DATE.This section is effective July 1, 2009.

38.29    Sec. 29. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
38.30    Subdivision 1. Sentences available. (a) Upon conviction of a felony and compliance
38.31with the other provisions of this chapter the court, if it imposes sentence, may sentence
38.32the defendant to the extent authorized by law as follows:
38.33(1) to life imprisonment; or
38.34(2) to imprisonment for a fixed term of years set by the court; or
39.1(3) to both imprisonment for a fixed term of years and payment of a fine; or
39.2(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of
39.3years if the fine is not paid or as an intermediate sanction on a stayed sentence; or
39.4(5) to payment of court-ordered restitution in addition to either imprisonment
39.5or payment of a fine, or both; or
39.6(6) to payment of a local correctional fee as authorized under section 609.102 in
39.7addition to any other sentence imposed by the court.
39.8(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
39.9due on the date imposed unless the court otherwise establishes a due date or a payment
39.10plan.
39.11EFFECTIVE DATE.This section is effective July 1, 2009.

39.12    Sec. 30. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
39.13    Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
39.14(1) when a court sentences a person convicted of a felony that is not listed in
39.15subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
39.16authorized by law nor more than the maximum fine authorized by law; and
39.17(2) when a court sentences a person convicted of a gross misdemeanor or
39.18misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
39.1930 percent of the maximum fine authorized by law nor more than the maximum fine
39.20authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
39.21established by the Judicial Council in consultation with affected state and local agencies.
39.22This schedule shall be promulgated not later than September 1 of each year and shall
39.23become effective on January 1 of the next year unless the legislature, by law, provides
39.24otherwise according to section 609.1315.
39.25The minimum fine required by this subdivision is in addition to the surcharge or
39.26assessment required by section 357.021, subdivision 6, and is in addition to any sentence
39.27of imprisonment or restitution imposed or ordered by the court.
39.28The court shall collect the fines mandated in this subdivision and, except for fines for
39.29traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
39.30fish and game violations governed by section 97A.065, forward 20 percent of the revenues
39.31to the commissioner of finance for deposit in the general fund.
39.32EFFECTIVE DATE.This section is effective July 1, 2009.

39.33    Sec. 31. [609.104] FINE AND SURCHARGE COLLECTION.
40.1    Subdivision 1. Failure to pay restitution or fine. (a) Any portion of a fine,
40.2surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
40.3be referred for collection under section 480.15, subdivision 10c. If the defendant has
40.4agreed to a payment plan but fails to pay an installment when due, the entire amount
40.5remaining becomes due and payable and may be referred for collection under section
40.6480.15, subdivision 10c.
40.7(b) The defendant may contest the referral for collection based on inability to pay by
40.8requesting a hearing no later than the due date. The defendant shall be notified in writing
40.9at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
40.10collection for nonpayment, and collection costs may be added to the amount due. The
40.11defendant shall also be notified in writing of the right to contest a referral for collection.
40.12The state court administrator shall develop the notice language.
40.13    Subd. 2. Fine and surcharge collection. (a) A defendant's obligation to pay
40.14court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
40.15date for a period set by the Judicial Council.
40.16(b) Any change in the collection period established by the Judicial Council shall be
40.17effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
40.18or after the effective date of this section.
40.19(c) The period relating to a defendant's obligation to pay restitution under paragraph
40.20(a) does not limit the victim's right to collect restitution through other means such as a
40.21civil judgment.
40.22(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
40.23imposition or execution.
40.24EFFECTIVE DATE.This section is effective July 1, 2009.

40.25    Sec. 32. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
40.26    Subdivision 1. Sentences available. (a) Upon conviction of a misdemeanor or gross
40.27misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
40.28sentence the defendant:
40.29(1) to imprisonment for a definite term; or
40.30(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid
40.31without imprisonment or as an intermediate sanction on a stayed sentence; or
40.32(3) to both imprisonment for a definite term and payment of a fine; or
40.33(4) to payment of court-ordered restitution in addition to either imprisonment
40.34or payment of a fine, or both; or
41.1(5) to payment of a local correctional fee as authorized under section 609.102 in
41.2addition to any other sentence imposed by the court; or
41.3(6) to perform work service in a restorative justice program in addition to any other
41.4sentence imposed by the court.
41.5(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
41.6due on the date imposed unless the court otherwise establishes a due date or a payment
41.7plan.
41.8EFFECTIVE DATE.This section is effective July 1, 2009.

41.9    Sec. 33. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
41.10    Subd. 3. Use of conviction for enhancement. Notwithstanding any other law, a
41.11conviction for a violation that was originally charged as a misdemeanor and was treated
41.12as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure, or
41.13was treated as a petty misdemeanor by inclusion on the uniform fine schedule, may not
41.14be used as the basis for charging a subsequent violation as a gross misdemeanor rather
41.15than a misdemeanor.
41.16EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
41.17violations committed on or after that date.

41.18    Sec. 34. [609.1315] UNIFORM FINE SCHEDULE.
41.19    Subdivision 1. Establishment and effective date. The Judicial Council shall
41.20establish a uniform fine schedule in consultation with affected state and local agencies.
41.21The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but
41.22shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine
41.23schedule shall set a fine that may be paid for each offense in lieu of a court appearance.
41.24The uniform fine schedule and any modifications shall be submitted to the legislature for
41.25approval by January 1 of each year and shall become effective on July 1 of that year unless
41.26the legislature, by law, provides otherwise.
41.27    Subd. 2. Effect on misdemeanor offenses. Any misdemeanors included on the
41.28uniform fine schedule shall be treated as petty misdemeanors, unless on the third or
41.29subsequent offense the charge is brought by a formal complaint or, for offenses committed
41.30under chapter 169, the violation was committed in a manner or under circumstances so as
41.31to endanger or be likely to endanger any person or property. Nothing in this subdivision
41.32limits the authority of a peace officer to make an arrest for offenses included on the
41.33uniform fine schedule. Nothing in this section limits the operation of section 169.89,
41.34subdivision 1. This subdivision expires on July 1, 2011.
42.1    Subd. 3. Notice. A defendant must be advised in writing that payment of the fine for
42.2an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to
42.3trial, and waiver of the right to counsel.
42.4EFFECTIVE DATE.Subdivision 2 is effective July 1, 2009, and applies to acts
42.5committed on or after that date.

42.6    Sec. 35. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
42.7    Subdivision 1. Terms and conditions. (a) Except when a sentence of life
42.8imprisonment is required by law, or when a mandatory minimum sentence is required by
42.9section 609.11, any court may stay imposition or execution of sentence and:
42.10(1) may order intermediate sanctions without placing the defendant on probation; or
42.11(2) may place the defendant on probation with or without supervision and on the
42.12terms the court prescribes, including intermediate sanctions when practicable. The court
42.13may order the supervision to be under the probation officer of the court, or, if there is
42.14none and the conviction is for a felony or gross misdemeanor, by the commissioner of
42.15corrections, or in any case by some other suitable and consenting person. Unless the court
42.16directs otherwise, state parole and probation agents and probation officers may impose
42.17community work service or probation violation sanctions, consistent with section 243.05,
42.18subdivision 1 ; sections 244.196 to 244.199; or 401.02, subdivision 5.
42.19No intermediate sanction may be ordered performed at a location that fails to
42.20observe applicable requirements or standards of chapter 181A or 182, or any rule
42.21promulgated under them.
42.22(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
42.23"intermediate sanctions" includes but is not limited to incarceration in a local jail or
42.24workhouse, home detention, electronic monitoring, intensive probation, sentencing to
42.25service, reporting to a day reporting center, chemical dependency or mental health
42.26treatment or counseling, restitution, fines, day-fines, community work service, work
42.27service in a restorative justice program, work in lieu of or to work off fines and, with the
42.28victim's consent, work in lieu of or to work off restitution.
42.29(c) A court may not stay the revocation of the driver's license of a person convicted
42.30of violating the provisions of section 169A.20.
42.31(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
42.32payment is due on the date imposed unless the court otherwise establishes a due date
42.33or a payment plan.
42.34EFFECTIVE DATE.This section is effective July 1, 2009.

43.1    Sec. 36. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
43.2    Subd. 1a. Failure to pay restitution or fine. If the court orders payment of
43.3restitution or a fine as a condition of probation and if the defendant fails to pay the
43.4restitution or a fine in accordance with the payment schedule or structure established
43.5by the court or the probation officer, the prosecutor or the defendant's probation officer
43.6may, on the prosecutor's or the officer's own motion or at the request of the victim,
43.7ask the court to hold a hearing to determine whether or not the conditions of probation
43.8should be changed or probation should be revoked. The defendant's probation officer
43.9shall ask for the hearing if the restitution or fine ordered has not been paid prior to 60
43.10days before the term of probation expires. The court shall schedule and hold this hearing
43.11and take appropriate action, including action under subdivision 2, paragraph (g), before
43.12the defendant's term of probation expires.
43.13Nothing in this subdivision limits the court's ability to refer the case to collections
43.14under section 609.104 when a defendant fails to pay court-ordered restitution.
43.15EFFECTIVE DATE.This section is effective July 1, 2009.

43.16    Sec. 37. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
43.17    Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
43.18other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
43.19more than four years or the maximum period for which the sentence of imprisonment
43.20might have been imposed, whichever is longer.
43.21(b) If the conviction is for a gross misdemeanor violation of section 169A.20
43.22or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
43.23subdivision 1a , paragraph (b) or (c), the stay shall be for not more than six years. The
43.24court shall provide for unsupervised probation for the last year of the stay unless the court
43.25finds that the defendant needs supervised probation for all or part of the last year.
43.26(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
43.27stay shall be for not more than two years.
43.28(d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
43.29subdivision 1 ; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
43.30609.224, subdivision 1 , in which the victim of the crime was a family or household
43.31member as defined in section 518B.01, the stay shall be for not more than two years. The
43.32court shall provide for unsupervised probation for the second year of the stay unless the
43.33court finds that the defendant needs supervised probation for all or part of the second year.
43.34(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
43.35shall be for not more than one year.
44.1(f) The defendant shall be discharged six months after the term of the stay expires,
44.2unless the stay has been revoked or extended under paragraph (g), or the defendant has
44.3already been discharged.
44.4(g) Notwithstanding the maximum periods specified for stays of sentences under
44.5paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
44.6if it finds, at a hearing conducted under subdivision 1a, that:
44.7(1) the defendant has not paid court-ordered restitution or a fine in accordance
44.8with the payment schedule or structure; and
44.9(2) the defendant is likely to not pay the restitution or fine the defendant owes before
44.10the term of probation expires.
44.11This one-year extension of probation for failure to pay restitution or a fine may be
44.12extended by the court for up to one additional year if the court finds, at another hearing
44.13conducted under subdivision 1a, that the defendant still has not paid the court-ordered
44.14restitution or fine that the defendant owes.
44.15Nothing in this subdivision limits the court's ability to refer the case to collections
44.16under section 609.104.
44.17(h) Notwithstanding the maximum periods specified for stays of sentences under
44.18paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
44.19years if it finds, at a hearing conducted under subdivision 1c, that:
44.20(1) the defendant has failed to complete court-ordered treatment successfully; and
44.21(2) the defendant is likely not to complete court-ordered treatment before the term of
44.22probation expires.
44.23EFFECTIVE DATE.This section is effective July 1, 2009.

44.24    Sec. 38. Minnesota Statutes 2008, section 611.17, is amended to read:
44.25611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
44.26STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
44.27    (a) Each judicial district must screen requests for representation by the district public
44.28defender. A defendant is financially unable to obtain counsel if:
44.29    (1) the defendant, or any dependent of the defendant who resides in the same
44.30household as the defendant, receives means-tested governmental benefits; or
44.31    (2) the defendant, through any combination of liquid assets and current income,
44.32would be unable to pay the reasonable costs charged by private counsel in that judicial
44.33district for a defense of the same matter.
44.34    (b) Upon a request for the appointment of counsel, the court shall make appropriate
44.35inquiry into the financial circumstances of the applicant, who shall submit a financial
45.1statement under oath or affirmation setting forth the applicant's assets and liabilities,
45.2including the value of any real property owned by the applicant, whether homestead or
45.3otherwise, less the amount of any encumbrances on the real property, the source or sources
45.4of income, and any other information required by the court. The applicant shall be under
45.5a continuing duty while represented by a public defender to disclose any changes in the
45.6applicant's financial circumstances that might be relevant to the applicant's eligibility for a
45.7public defender. The state public defender shall furnish appropriate forms for the financial
45.8statements. The forms must contain conspicuous notice of the applicant's continuing duty
45.9to disclose to the court changes in the applicant's financial circumstances. The forms must
45.10also contain conspicuous notice of the applicant's obligation to make a co-payment for the
45.11services of the district public defender, as specified under paragraph (c). The information
45.12contained in the statement shall be confidential and for the exclusive use of the court
45.13and the public defender appointed by the court to represent the applicant except for any
45.14prosecution under section 609.48. A refusal to execute the financial statement or produce
45.15financial records constitutes a waiver of the right to the appointment of a public defender.
45.16The court shall not appoint a district public defender to a defendant who is financially able
45.17to retain private counsel but refuses to do so.
45.18    An inquiry to determine financial eligibility of a defendant for the appointment of
45.19the district public defender shall be made whenever possible prior to the court appearance
45.20and by such persons as the court may direct. This inquiry may be combined with the
45.21prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
45.22subdivision 3 . In no case shall the district public defender be required to perform this
45.23inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
45.24conduct a financial inquiry. The inquiry must include the following:
45.25    (1) the liquidity of real estate assets, including the defendant's homestead;
45.26    (2) any assets that can be readily converted to cash or used to secure a debt;
45.27    (3) the determination of whether the transfer of an asset is voidable as a fraudulent
45.28conveyance; and
45.29    (4) the value of all property transfers occurring on or after the date of the alleged
45.30offense. The burden is on the accused to show that he or she is financially unable to afford
45.31counsel. Defendants who fail to provide information necessary to determine eligibility
45.32shall be deemed ineligible. The court must not appoint the district public defender as
45.33advisory counsel.
45.34    (c) Upon disposition of the case, an individual who has received public defender
45.35services shall pay to the court a $28 $75 co-payment for representation provided by a
45.36public defender, unless the co-payment is, or has been, waived by the court.
46.1    The co-payment must be credited to the general fund. If a term of probation is
46.2imposed as a part of an offender's sentence, the co-payment required by this section must
46.3not be made a condition of probation. The co-payment required by this section is a civil
46.4obligation and must not be made a condition of a criminal sentence.
46.5EFFECTIVE DATE.This section is effective July 1, 2009.

46.6    Sec. 39. Minnesota Statutes 2008, section 631.48, is amended to read:
46.7631.48 SENTENCE; COSTS OF PROSECUTION.
46.8In a criminal action, upon conviction of the defendant, the court may order as part of
46.9the sentence that defendant shall pay the whole or any part of the disbursements of the
46.10prosecution, including disbursements made to extradite a defendant. The court may order
46.11this payment in addition to any other penalty authorized by law which it may impose. The
46.12payment of the disbursements of prosecution may be enforced in the same manner as the
46.13sentence, or by execution against property. When collected, the disbursements must be
46.14paid into the treasury of the county of conviction, but of ordered prosecution costs shall be
46.15paid to the municipality or subdivision of government which employed the prosecuting
46.16attorney or otherwise provided for prosecution of the case. This payment may not interfere
46.17with the payment of officers', witnesses', or jurors' fees.
46.18EFFECTIVE DATE.This section is effective July 1, 2009.

46.19    Sec. 40. PUBLIC DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.
46.20    Subdivision 1. Creation of fee. The state court administrator, through the lawyer
46.21registration office, may assess a public defender fee on each licensed attorney in the state.
46.22The fee must be equal to or greater than the civil legal services fee that licensed attorneys
46.23are required to pay pursuant to the rules of the supreme court on lawyer registration.
46.24    Subd. 2. Creation of account. A public defender fee account is created in the
46.25special revenue fund. The public defender fee is deposited in the public defender fee
46.26account in the special revenue fund. The amounts in the account are appropriated to the
46.27Board of Public Defense.
46.28    Subd. 3. Purpose of account. The purpose of the public defender fee account is to
46.29provide funding for the Board of Public Defense.
46.30    Subd. 4. Prohibition on nonpublic defender transfers from account.
46.31Notwithstanding any law to the contrary, money in the public defender fee account shall
46.32be appropriated solely for the purpose of funding the Board of Public Defense.
46.33EFFECTIVE DATE.This section is effective July 1, 2009.

47.1    Sec. 41. REPEALER.
47.2Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
47.32; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135,
47.4subdivision 8, are repealed.
47.5EFFECTIVE DATE.This section is effective July 1, 2009.

47.6ARTICLE 3
47.7PUBLIC SAFETY AND CORRECTIONS

47.8    Section 1. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
47.9    Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
47.10to imprisonment for not more than five years or to payment of a fine of not more than
47.11$10,000, or both.
47.12(b) If the conviction is a subsequent controlled substance conviction, a person
47.13convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
47.14or to a local correctional authority for not less than six months nor more than ten years
47.15and, in addition, may be sentenced to payment of a fine of not more than $20,000. Prior
47.16to the time of sentencing, the prosecutor may file a motion to have the person sentenced
47.17without regard to the mandatory minimum sentence established by this paragraph. The
47.18motion must be accompanied by a statement on the record of the reasons for it. When
47.19presented with the motion, or on its own motion, the court may sentence the person
47.20without regard to the mandatory minimum sentence if the court finds, on the record,
47.21substantial and compelling reasons to do so. Sentencing a person in this manner is a
47.22departure from the sentencing guidelines.
47.23EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
47.24committed on or after that date.

47.25    Sec. 2. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
47.26    Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
47.27An individual whose driver's license has been revoked as provided in subdivision 1,
47.28except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
47.29license is reinstated.
47.30    (b) A person whose driver's license has been revoked as provided in subdivision 1
47.31under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge
47.32before the driver's license is reinstated, except as provided in paragraph (f). The $250
47.33fee is to be credited as follows:
48.1    (1) Twenty percent must be credited to the driver services operating account in the
48.2special revenue fund as specified in section 299A.705.
48.3    (2) Sixty-seven percent must be credited to the general fund.
48.4    (3) Eight percent must be credited to a separate account to be known as the Bureau of
48.5Criminal Apprehension account. Money in this account may be is annually appropriated
48.6to the commissioner of public safety and the appropriated amount must be apportioned
48.780 percent for laboratory costs and 20 percent for carrying out the provisions of section
48.8299C.065 .
48.9    (4) Five percent must be credited to a separate account to be known as the vehicle
48.10forfeiture account, which is created in the special revenue fund. The money in the account
48.11is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
48.12    (c) The revenue from $50 of the surcharge must be credited to a separate account
48.13to be known as the traumatic brain injury and spinal cord injury account. The revenue
48.14from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
48.15first installment payment to the traumatic brain injury and spinal cord injury account.
48.16The money in the account is annually appropriated to the commissioner of health to be
48.17used as follows: 83 percent for contracts with a qualified community-based organization
48.18to provide information, resources, and support to assist persons with traumatic brain
48.19injury and their families to access services, and 17 percent to maintain the traumatic
48.20brain injury and spinal cord injury registry created in section 144.662. For the purposes
48.21of this paragraph, a "qualified community-based organization" is a private, not-for-profit
48.22organization of consumers of traumatic brain injury services and their family members.
48.23The organization must be registered with the United States Internal Revenue Service under
48.24section 501(c)(3) as a tax-exempt organization and must have as its purposes:
48.25    (1) the promotion of public, family, survivor, and professional awareness of the
48.26incidence and consequences of traumatic brain injury;
48.27    (2) the provision of a network of support for persons with traumatic brain injury,
48.28their families, and friends;
48.29    (3) the development and support of programs and services to prevent traumatic
48.30brain injury;
48.31    (4) the establishment of education programs for persons with traumatic brain injury;
48.32and
48.33    (5) the empowerment of persons with traumatic brain injury through participation
48.34in its governance.
49.1A patient's name, identifying information, or identifiable medical data must not be
49.2disclosed to the organization without the informed voluntary written consent of the patient
49.3or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
49.4    (d) The remainder of the surcharge must be credited to a separate account to be
49.5known as the remote electronic alcohol-monitoring program account. The commissioner
49.6shall transfer the balance of this account to the commissioner of finance on a monthly
49.7basis for deposit in the general fund.
49.8    (e) When these fees are collected by a licensing agent, appointed under section
49.9171.061 , a handling charge is imposed in the amount specified under section 171.061,
49.10subdivision 4 . The reinstatement fees and surcharge must be deposited in an approved
49.11depository as directed under section 171.061, subdivision 4.
49.12    (f) A person whose driver's license has been revoked as provided in subdivision
49.131 under section 169A.52 or 169A.54 and who the court certifies as being financially
49.14eligible for a public defender under section 611.17, may choose to pay 50 percent and
49.15an additional $25 of the total amount of the surcharge and 50 percent of the fee required
49.16under paragraph (b) to reinstate the person's driver's license, provided the person meets all
49.17other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
49.18an additional $25, the driver's license must expire after two years. The person must pay an
49.19additional 50 percent less $25 of the total to extend the license for an additional two years,
49.20provided the person is otherwise still eligible for the license. After this final payment of
49.21the surcharge and fee, the license may be renewed on a standard schedule, as provided
49.22under section 171.27. A handling charge may be imposed for each installment payment.
49.23Revenue from the handling charge is credited to the driver services operating account in
49.24the special revenue fund and is appropriated to the commissioner.
49.25    (g) Any person making installment payments under paragraph (f), whose driver's
49.26license subsequently expires, or is canceled, revoked, or suspended before payment of
49.27100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
49.28reinstatement before the driver's license is subsequently reinstated. Upon payment of
49.29the outstanding balance due for the initial reinstatement, the person may pay any new
49.30surcharge and fee imposed under paragraph (b) in installment payments as provided
49.31under paragraph (f).
49.32EFFECTIVE DATE.This section is effective July 1, 2009.

49.33    Sec. 3. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
49.34    Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
49.35performance report to the chairs and ranking minority members of the senate and house
50.1of representatives committees and divisions having jurisdiction over criminal justice
50.2funding by January 15, 2005, and every other year thereafter. The issuance and content
50.3of the report must include the following:
50.4    (1) department strategic mission, goals, and objectives;
50.5    (2) the department-wide per diem, adult facility-specific per diems, and an average
50.6per diem, reported in a standard calculated method as outlined in the departmental policies
50.7and procedures;
50.8    (3) department annual statistics as outlined in the departmental policies and
50.9procedures; and
50.10    (4) information about prison-based mental health programs, including, but not
50.11limited to, the availability of these programs, participation rates, and completion rates.
50.12    (b) The department shall maintain recidivism rates for adult facilities on an annual
50.13basis. In addition, each year the department shall, on an alternating basis, complete a
50.14recidivism analysis of adult facilities, juvenile services, and the community services
50.15divisions and include a three-year recidivism analysis in the report described in paragraph
50.16(a). The recidivism analysis must: (1) assess education programs, vocational programs,
50.17treatment programs, including mental health programs, industry, and employment; and (2)
50.18assess statewide re-entry policies and funding, including postrelease treatment, education,
50.19training, and supervision. In addition, when reporting recidivism for the department's
50.20adult and juvenile facilities, the department shall report on the extent to which offenders it
50.21has assessed as chemically dependent commit new offenses, with separate recidivism rates
50.22reported for persons completing and not completing the department's treatment programs.
50.23(c) By August 31 of each odd-numbered year, the commissioner must present to
50.24the legislature a report that lists and describes the performance measures and targets the
50.25department will include in the biennial performance report. The measures and targets
50.26must include a budget target for the next two years and a history of the department's
50.27performance for the previous five years. At a minimum, the report must include measures
50.28and targets for the data and information identified in paragraphs (a) and (b) regarding per
50.29diem, statistics, inmate programming, and recidivism, and the following:
50.30(1) average statutory per diem for adult offenders, female offenders, and juvenile
50.31offenders;
50.32(2) community corrections;
50.33(3) staffing and salaries for both department divisions and institutions;
50.34(4) the use of private and local institutions to house persons committed to the
50.35commissioner;
50.36(5) the cost of inmate health and dental care;
51.1(6) implementation and use of corrections best practices; and
51.2(7) the challenge incarceration program.
51.3EFFECTIVE DATE.This section is effective June 1, 2009.

51.4    Sec. 4. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
51.5    Subd. 2. Conditional release of certain nonviolent controlled substance
51.6offenders. An offender who has been committed to the commissioner's custody may
51.7petition the commissioner for conditional release from prison before the offender's
51.8scheduled supervised release date or target release date if:
51.9(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
51.102a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;
51.11(2) the offender committed the crime as a result of a controlled substance addiction,
51.12and not primarily for profit;
51.13(3) the offender has served at least 36 months or one-half of the offender's term of
51.14imprisonment, whichever is less;
51.15(4) the offender successfully completed a chemical dependency treatment program
51.16of the type described in this section while in prison;
51.17(5) the offender has not previously been conditionally released under this section; and
51.18(6) the offender has not within the past ten years been convicted or adjudicated
51.19delinquent for a violent crime as defined in section 609.1095 other than the current
51.20conviction for the controlled substance offense; and
51.21(7) the offender has access upon release to aftercare, community-based chemical
51.22dependency treatment, and housing.
51.23EFFECTIVE DATE.This section is effective July 1, 2009.

51.24    Sec. 5. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
51.25    Subd. 11. Sunset. This section expires July 1, 2009 2011.
51.26EFFECTIVE DATE.This section is effective July 1, 2009.

51.27    Sec. 6. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
51.28    Subd. 1a. Mission; efficiency. It is part of the department's mission that within the
51.29department's resources the commissioner shall endeavor to:
51.30(1) prevent the waste or unnecessary spending of public money;
51.31(2) use innovative fiscal and human resource practices to manage the state's
51.32resources and operate the department as efficiently as possible;
52.1(3) coordinate the department's activities wherever appropriate with the activities
52.2of other governmental agencies;
52.3(4) use technology where appropriate to increase agency productivity, improve
52.4customer service, increase public access to information about government, and increase
52.5public participation in the business of government;
52.6(5) utilize constructive and cooperative labor-management practices to the extent
52.7otherwise required by chapters 43A and 179A; and
52.8(6) report to the legislature on the performance of agency operations and the
52.9accomplishment of agency goals in the agency's biennial budget according to section
52.1016A.10, subdivision 1; and
52.11(7) (6) recommend to the legislature appropriate changes in law necessary to carry
52.12out the mission and improve the performance of the department.

52.13    Sec. 7. Minnesota Statutes 2008, section 299A.01, is amended by adding a subdivision
52.14to read:
52.15    Subd. 1c. Performance report; performance measures and targets. (a)
52.16The commissioner, as part of the department's mission and within the department's
52.17resources, shall report to the legislature on the performance of agency operations and the
52.18accomplishment of agency goals in the agency's biennial budget according to paragraph
52.19(b) and section 16A.10, subdivision 1. The purpose of the report is to determine the extent
52.20to which each program is accomplishing the program's mission, goals, and objectives.
52.21The report may address:
52.22(1) factors that limited or delayed achievement of objectives or goals;
52.23(2) resources used or saved and efficiencies achieved in reaching program objectives
52.24and goals;
52.25(3) information from customers and partners of the agency regarding the quality of
52.26service and effectiveness of the agency and the agency's programs;
52.27(4) recommendations on elimination of unnecessary or obsolete mandated reports;
52.28and
52.29(5) major cases, events, or circumstances that required an agency response.
52.30(b) By June 30 of each odd-numbered year, the commissioner must present to the
52.31legislature a report that states the mission, goals and objectives of each program and lists
52.32and describes the performance measures and targets the department will include in the
52.33performance report required under paragraph (a). The report must include information
52.34on how program goals and objectives were created and who participated in formulating
52.35them. The measures and targets must include a history of the department's performance
53.1for the previous five years. At a minimum, the report must include measures and targets
53.2for the following:
53.3(1) staffing and salaries for divisions within the agency;
53.4(2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
53.5(3) development and funding of the Allied Radio Matrix for Emergency Response
53.6(ARMER);
53.7(4) grant programs administered under the Office of Justice Programs and Homeland
53.8Security and Emergency Management;
53.9(5) receipt and expenditure of federal grant funds;
53.10(6) expenditure of the fire safety insurance surcharge;
53.11(7) emergency preparedness;
53.12(8) crime lab operations; and
53.13(9) assistance provided to crime victims.
53.14EFFECTIVE DATE.This section is effective June 1, 2009.

53.15    Sec. 8. Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:
53.16    Subdivision 1. Emergency telecommunications service fee; account. (a) Each
53.17customer of a wireless or wire-line switched or packet-based telecommunications service
53.18provider connected to the public switched telephone network that furnishes service capable
53.19of originating a 911 emergency telephone call is assessed a fee based upon the number
53.20of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
53.21maintenance and related improvements for trunking and central office switching equipment
53.22for 911 emergency telecommunications service, to offset administrative and staffing costs
53.23of the commissioner related to managing the 911 emergency telecommunications service
53.24program, to make distributions provided for in section 403.113, and to offset the costs,
53.25including administrative and staffing costs, incurred by the State Patrol Division of the
53.26Department of Public Safety in handling 911 emergency calls made from wireless phones,
53.27and for any other purpose the commissioner determines is related to the effective operation
53.28of the emergency telecommunications system in the state.
53.29    (b) Money remaining in the 911 emergency telecommunications service account
53.30after all other obligations are paid must not cancel and is carried forward to subsequent
53.31years and may be appropriated from time to time to the commissioner to provide financial
53.32assistance to counties for the improvement of local emergency telecommunications
53.33services. The improvements may include providing access to 911 service for
53.34telecommunications service subscribers currently without access and upgrading existing
53.35911 service to include automatic number identification, local location identification,
54.1automatic location identification, and other improvements specified in revised county
54.2911 plans approved by the commissioner.
54.3    (c) The fee may not be less than eight cents nor more than 65 cents a month until
54.4June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
54.52009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
54.6not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
54.7each customer access line or other basic access service, including trunk equivalents as
54.8designated by the Public Utilities Commission for access charge purposes and including
54.9wireless telecommunications services. With the approval of the commissioner of finance,
54.10the commissioner of public safety shall establish the amount of the fee within the limits
54.11specified and inform the companies and carriers of the amount to be collected. When the
54.12revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
54.13defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
54.14no longer needed. The commissioner shall provide companies and carriers a minimum of
54.1545 days' notice of each fee change. The fee must be the same for all customers.
54.16    (d) The fee must be collected by each wireless or wire-line telecommunications
54.17service provider subject to the fee. Fees are payable to and must be submitted to the
54.18commissioner monthly before the 25th of each month following the month of collection,
54.19except that fees may be submitted quarterly if less than $250 a month is due, or annually if
54.20less than $25 a month is due. Receipts must be deposited in the state treasury and credited
54.21to a 911 emergency telecommunications service account in the special revenue fund. The
54.22money in the account may only be used for 911 telecommunications services.
54.23    (e) This subdivision does not apply to customers of interexchange carriers.
54.24    (f) The installation and recurring charges for integrating wireless 911 calls into
54.25enhanced 911 systems are eligible for payment by the commissioner if the 911 service
54.26provider is included in the statewide design plan and the charges are made pursuant to
54.27contract.
54.28    (g) Competitive local exchanges carriers holding certificates of authority from the
54.29Public Utilities Commission are eligible to receive payment for recurring 911 services.
54.30(h) The revisions made to paragraph (a) in 2009 expire on June 30, 2011.
54.31EFFECTIVE DATE.This section is effective July 1, 2009.

54.32    Sec. 9. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
54.33    Subdivision 1. Sentence to less than 180 days more than one year. In a A felony
54.34sentence to imprisonment, when the remaining term of imprisonment is for 180 days
54.35or less, the defendant more than one year shall be committed commit the defendant to
55.1the custody of the commissioner of corrections and must serve the remaining term of
55.2imprisonment at a workhouse, work farm, county jail, or other place authorized by law.
55.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to offenders
55.4sentenced on or after that date.

55.5    Sec. 10. REVOCATION CENTER PILOT PROJECT; REPORT.
55.6(a) The commissioner of corrections shall develop a pilot project for detention
55.7and supervision of persons committed to the commissioner of corrections under section
55.8609.105. The proposal must address the care, custody, and programming for offenders
55.9with remaining terms of imprisonment of less than one year. The proposal must specify
55.10that eligible organizations include: (1) private vendors; (2) a county partnership; (3)
55.11nonprofit entities; or (4) any other state partnerships that have facilities in Hennepin or
55.12Ramsey Counties.
55.13(b) The commissioner must consider the following factors in developing the
55.14proposal:
55.15(1) type and length of programming for short-term offenders, including supervision,
55.16mental health and chemical dependency treatment options, and educational and vocational
55.17training opportunities;
55.18(2) medical care;
55.19(3) the transport of offenders to and from any facility;
55.20(4) detailed current and future costs and per diems associated with the facility;
55.21(5) admission and release procedures of the proposed facility;
55.22(6) insurance of proposed vendor; and
55.23(7) other factors deemed appropriate for consideration by the commissioner of
55.24corrections.
55.25(c) By December 1, 2009, the commissioner of corrections shall report the pilot
55.26project proposal to the chairs and ranking minority members of the legislative committees
55.27having jurisdiction over public safety policy and finance.
55.28EFFECTIVE DATE.This section is effective July 1, 2009.

55.29    Sec. 11. COUNTY BASED REVOCATION CENTER PILOT PROJECT;
55.30REPORT.
55.31(a) Dodge, Fillmore, Olmsted, and Ramsey Counties and Tri-county and Hennepin
55.32Community Corrections, and any other county or community corrections department
55.33that requests to participate shall develop a proposal for a pilot project for a secure
55.34residential center and supervision of persons facing revocation of their supervised release
56.1or execution of a stayed prison sentence. The proposal must address the care, custody, and
56.2programming for offenders assigned to the facility as an intermediate sanction prior to
56.3revocation or execution of a stayed prison sentence.
56.4(b) The counties must consider the following factors in developing the proposal:
56.5(1) type and length of programming for offenders, including supervision, mental
56.6health and chemical dependency treatment options, and educational and employment
56.7readiness opportunities;
56.8(2) medical care;
56.9(3) the transport of offenders to and from any facility;
56.10(4) detailed current and future costs and per diems associated with the facility;
56.11(5) admission and release procedures of the proposed facility;
56.12(6) intended outcomes of the pilot project; and
56.13(7) other factors deemed appropriate for consideration by the counties.
56.14(c) By December 1, 2009, the counties of Dodge, Fillmore, Olmsted, and Ramsey
56.15and Tri-county and Hennepin County Community Corrections shall report the pilot project
56.16proposal to the chairs and ranking minority members of the legislative committees having
56.17jurisdiction over public safety policy and finance.
56.18EFFECTIVE DATE.This section is effective July 1, 2009.

56.19    Sec. 12. REPEALER.
56.20Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, are repealed.
56.21EFFECTIVE DATE.This section is effective July 1, 2009."
56.22Delete the title and insert:
56.23"A bill for an act
56.24relating to public safety; requiring annual appropriation of money in Bureau of
56.25Criminal Apprehension account to commissioner of public safety; appropriating
56.26money for the courts, public defenders, public safety, corrections, and other
56.27criminal justice agencies;amending Minnesota Statutes 2008, sections 2.724,
56.28subdivisions 2, 3; 86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10,
56.29subdivision 3; 152.025, subdivisions 1, 2, 3; 152.0262, subdivision 1; 169A.20,
56.30subdivision 1, by adding subdivisions; 169A.284; 171.29, subdivision 2; 241.016,
56.31subdivision 1; 244.055, subdivisions 2, 11; 299A.01, subdivision 1a, by adding
56.32a subdivision; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 7; 357.022;
56.33357.08; 364.08; 375.14; 403.11, subdivision 1; 480.15, by adding a subdivision;
56.34484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1;
56.35549.09, subdivision 1; 550.011; 609.10, subdivision 1; 609.101, subdivision 4;
56.36609.105, subdivision 1; 609.125, subdivision 1; 609.131, subdivision 3; 609.135,
56.37subdivisions 1, 1a, 2; 611.17; 631.48; proposing coding for new law in Minnesota
56.38Statutes, chapter 609; repealing Minnesota Statutes 2008, sections 152.025,
56.39subdivision 3; 152.0262, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08,
56.40subdivisions 1, 2, 3, 5; 609.105, subdivisions 1a, 1b; 609.135, subdivision 8."