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Key: (1) language to be deleted (2) new language

CHAPTER 54--H.F.No. 829
An act
relating to public safety; appropriating money for the courts, public
defenders, public safety, corrections, human rights, and other criminal justice
and judiciary-related agencies; establishing, funding, modifying, and regulating
public safety, criminal justice, judiciary, law enforcement, corrections, and crime
victims services, policies, programs, duties, activities, or practices; requiring
studies and reports; creating and modifying working groups, councils, and task
forces; imposing criminal and civil penalties; setting or increasing fines or
fees; regulating DWI and driving provisions; regulating scrap metal dealers;
establishing ignition strength standards for cigarettes; providing conditional
repeals of certain laws;amending Minnesota Statutes 2006, sections 2.722,
subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1; 13.82, subdivision 27;
15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2; 16C.23, subdivision 2;
169A.275, by adding a subdivision; 169A.51, subdivision 7; 171.12, by adding
a subdivision; 171.305, by adding a subdivision; 171.55; 241.016, subdivision
1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, subdivisions 3,
4; 243.167, subdivision 1; 260C.193, subdivision 6; 268.19, subdivision 1;
297I.06, subdivision 3; 299A.641, subdivision 2; 299A.681, subdivision 2, by
adding a subdivision; 299C.46, by adding a subdivision; 299C.65, subdivisions
2, 5; 299N.02, subdivision 3; 302A.781, by adding a subdivision; 325E.21;
352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7;
401.15, subdivision 1; 403.07, subdivisions 4, 5; 403.11, subdivision 1, by
adding subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83;
504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3;
518B.01, subdivision 22; 563.01, by adding a subdivision; 595.02, subdivision 1;
609.02, subdivision 16; 609.135, subdivision 8; 609.21, subdivisions 1, 4a, 5, by
adding subdivisions; 609.341, subdivision 11; 609.344, subdivision 1; 609.345,
subdivision 1; 609.3455, by adding a subdivision; 609.352; 609.52, subdivision
3, by adding a subdivision; 609.526; 609.581, by adding subdivisions; 609.582,
subdivision 2; 609.595, subdivisions 1, 2; 611A.036, subdivisions 2, 7;
611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision; 634.15, subdivisions
1, 2; 641.15, by adding a subdivision; 641.265, subdivision 2; Laws 2001, First
Special Session chapter 8, article 4, section 4; Laws 2003, First Special Session
chapter 2, article 1, section 2; proposing coding for new law in Minnesota
Statutes, chapters 171; 241; 299C; 299F; 357; 484; 504B; 609; 611A; repealing
Minnesota Statutes 2006, sections 241.021, subdivision 5; 241.85, subdivision 2;
242.193, subdivision 2; 260B.173; 403.31, subdivision 6; 480.175, subdivision
3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1
APPROPRIATIONS


Section 1. SUMMARY OF APPROPRIATIONS.
    The amounts shown in this section summarize direct appropriations, by fund, made
in this act.

2008
2009
Total

General
$
923,045,000
$
953,879,000
$
1,876,924,000


State Government Special
Revenue
55,688,000
50,392,000
106,080,000

Environmental Fund
67,000
69,000
136,000

Special Revenue Fund
11,974,000
15,014,000
27,038,000

Trunk Highway
367,000
373,000
740,000

Total
$
991,141,000
$
1,019,727,000
$
2,010,918,000


Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
    The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2008" and "2009" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
June 30, 2007, are effective the day following final enactment.

APPROPRIATIONS

Available for the Year

Ending June 30

2008
2009


Sec. 3. SUPREME COURT

Subdivision 1.Total Appropriation
$
44,592,000
$
45,923,000
The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Judicial Salaries.
Effective July 1, 2007, and July 1, 2008, the
salaries of justices of the supreme court and
judges of the court of appeals and district
court are increased by three percent.

Subd. 3.Supreme Court Operations
31,292,000
32,623,000
Contingent Account. $5,000 each year is for
a contingent account for expenses necessary
for the normal operation of the court for
which no other reimbursement is provided.

Subd. 4.Civil Legal Services
13,300,000
13,300,000
Base Budget. The base budget for civil legal
services is $12,320,000 each year for fiscal
years 2010 and 2011.
Legal Services to Low-Income Clients in
Family Law Matters. Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.


Sec. 4. COURT OF APPEALS
$
9,766,000
$
10,620,000
Caseload Increase. $1,285,000 the first
year and $1,876,000 the second year are
for caseload increases. This money must
be used for three additional judge units, an
additional staff attorney, 2.67 additional
full-time equivalent law clerk positions, and
for retired judges.


Sec. 5. TRIAL COURTS
$
246,077,000
$
254,916,000
New Judge Units. $1,792,000 the first year
and $3,241,000 the second year are for an
increase in judge units, including three trial
court judge units in the First Judicial District,
one trial court judge unit in the Seventh
Judicial District, one trial court judge unit in
the Ninth Judicial District and two trial court
judge units in the Tenth Judicial District.
These new judge units begin on January 1,
2008. Each judge unit consists of a judge,
law clerk, and court reporter.
Maintain and Expand Drug Courts.
$2,096,000 the first year and $2,097,000 the
second year are to maintain and to establish
new drug courts.
Guardian Ad Litem Services. $1,260,000
the first year and $1,629,000 the second year
are for guardian ad litem services.
Interpreter Services. $606,000 the first
year and $777,000 the second year are for
interpreter services.
Psychological Services. $1,531,000 the first
year and $2,151,000 the second year are for
psychological services.
In Forma Pauperis Services. $178,000
each year is for in forma pauperis services.


Sec. 6. TAX COURT
$
794,000
$
825,000


Sec. 7. UNIFORM LAWS COMMISSION
$
58,000
$
52,000


Sec. 8. BOARD ON JUDICIAL STANDARDS
$
450,000
$
460,000
Investigative and Hearing Costs. $125,000
each year is for special investigative and
hearing costs for major disciplinary actions
undertaken by the board. This appropriation
does not cancel. Any encumbered and
unspent balances remain available for these
expenditures in subsequent fiscal years.


Sec. 9. BOARD OF PUBLIC DEFENSE
$
66,348,000
$
69,519,000
District Public Defense Caseload Increase.
$3,213,000 the first year and $5,009,000
the second year are for 34 new full-time
equivalent attorneys and 11 new full-time
equivalent support staff positions to address
caseload increases. Of this amount, $200,000
each year is for transcript costs.


Sec. 10. PUBLIC SAFETY

Subdivision 1.Total Appropriation
$
152,112,000
$
152,706,000

Appropriations by Fund

2008
2009

General
89,202,000
92,026,000

Special Revenue
6,788,000
9,846,000


State Government
Special Revenue
55,688,000
50,392,000

Environmental
67,000
69,000

Trunk Highway
367,000
373,000
The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Emergency Management
2,687,000
2,698,000

Appropriations by Fund

General
2,620,000
2,629,000

Environmental
67,000
69,000
Pandemic Flu Coordinator. $75,000 each
year is for one position to coordinate state
readiness for a pandemic flu event. This is a
onetime appropriation.

Subd. 3.Criminal Apprehension
44,606,000
46,565,000

Appropriations by Fund

General
43,787,000
45,726,000

Special Revenue
445,000
459,000


State Government
Special Revenue
7,000
7,000

Trunk Highway
367,000
373,000
Cooperative Investigation of
Cross-Jurisdictional Criminal Activity.
$93,000 each year is appropriated from the
Bureau of Criminal Apprehension account in
the special revenue fund for grants to local
officials for the cooperative investigation of
cross-jurisdictional criminal activity. Any
unencumbered balance remaining in the first
year does not cancel but is available for the
second year.
Laboratory Activities. $352,000 the first
year and $366,000 the second year are
appropriated from the Bureau of Criminal
Apprehension account in the special revenue
fund for laboratory activities.
DWI Lab Analysis. Notwithstanding
Minnesota Statutes, section 161.20,
subdivision 3
, $367,000 the first year and
$373,000 the second year are appropriated
from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.
CriMNet Justice Information Integration.
$2,635,000 the first year and $2,760,000 the
second year are for statewide information
integration policies. The base for this
appropriation in fiscal year 2010 shall be
$2,032,000.
Policy Group; Report. The criminal
and juvenile justice information policy
group shall study funding sources other
than the general fund for new CriMNet
costs and present its ideas to the house
of representatives and senate committees
having jurisdiction over criminal justice
policy and funding by January 15, 2008.
Forensic Scientists. $509,000 the first
year and $1,411,000 the second year are
for new forensic scientists in the Bureau of
Criminal Apprehension Forensic Science
Laboratory. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.
Crime Labs and Crime Strike Task Forces;
Working Group. The commissioner of
public safety shall convene a working
group to study and prepare a report on
the appropriateness of additional regional
forensic crime laboratories and regional
crime strike task forces. The commissioner
must consult with the chairs of the legislative
committees with responsibility for public
safety finance on the membership of the
working group. The Forensic Laboratory
Advisory Board, established under Minnesota
Statutes, section 299C.156, and the Gang
and Drug Oversight Council, established
under section 299A.641, must provide
advice and assistance to the commissioner
and the working group as requested by the
commissioner. The working group must
submit its report and recommendations to
the house of representatives and senate
committees with responsibility for public
safety finance by February 1, 2008.

Subd. 4.Fire Marshal
6,193,000
9,234,000
This appropriation is from the fire safety
account in the special revenue fund.
Of this amount, $3,330,000 the first year and
$6,300,000 the second year are for activities
under Minnesota Statutes, section 299F.012.

Subd. 5.Alcohol and Gambling Enforcement
1,792,000
1,838,000

Appropriations by Fund

General
1,642,000
1,685,000

Special Revenue
150,000
153,000

Subd. 6.Office of Justice Programs
41,153,000
41,986,000
Crime Victim Reparations. $250,000 each
year is to increase the amount of funding for
crime victim reparations.
Emergency Assistance Grants. $100,000
each year is for grants under Minnesota
Statutes, section 611A.675. This is a onetime
appropriation.
Gang and Drug Task Force. $600,000 the
first year and $1,900,000 the second year are
for grants to the Gang and Drug Task Force.
Victim Notification System. $455,000
each year is for the continuation of the
victim information and notification everyday
(VINE) service.
Supervised Parenting Grants. $200,000
each year are for grants to organizations that
provide supervised parenting time services
to parents and children in Minnesota. The
commissioner shall establish grant evaluation
and award criteria for the program and ensure
that grant recipients operate in a manner
consistent with standards and guidelines
promulgated by the Supervised Visitation
Network. Any portion of the appropriation
for the first year that is not used in that year
is available for grants in the second year.
This is a onetime appropriation.
Child Advocacy Center Grants. $50,000
each year is for child advocacy center
grants under section 18. This is a onetime
appropriation.
Squad Car Cameras. $500,000 each
year is for grants to enable local law
enforcement agencies to make squad car
camera technology upgrades or acquisitions.
Of this amount, $250,000 each year for the
first two years is for a grant to the city of
Minneapolis.
To be eligible for an acquisition grant, law
enforcement agencies shall provide a 25
percent match. No match is required for
upgrade grants.
The base budget for these grants is $500,000
in fiscal year 2010. The base budget for
the grants is $0 for fiscal years 2011 and
thereafter.
Crime Victim Support Grant. $100,000
each year is for a grant to a nonprofit
organization dedicated to providing
immediate and long-term emotional support
and practical help for the families and friends
of individuals who have died by homicide,
suicide, or accident. This is a onetime
appropriation.
Auto Theft Emergency Grant. $75,000
each year is for grants under Minnesota
Statutes, section 611A.675, subdivision 1,
clause (6). This is a onetime appropriation.
Crime Victims. $1,700,000 each year is to
increase funding for victim services. Of this
amount, 59 percent is for battered women
shelters, 17 percent is for domestic violence
programs, eight percent is for general crime
victims, 11 percent is for sexual assault
programs, and five percent is for abused
children programs. Of this amount, $737,000
each year is added to the base budget.
COPS Grants. $1,000,000 each year is
to hire new peace officers and for peace
officer overtime pay under Minnesota
Statutes, section 299A.62, subdivision 1,
paragraph (b), clauses (1) and (2). The
commissioner shall award the grants based
on the procedures set forth under section
299A.62. Of this amount, at least $238,000
the first year and $217,000 the second year
must be awarded to two cities in Hennepin
County that are not cities of the first class
and have the highest Part 1 and Part 2 crime
rates per 100,000 inhabitants in the county as
calculated by the latest Bureau of Criminal
Apprehension report. This is a onetime
appropriation.
Youth Intervention Programs. $750,000
each year is for youth intervention programs
under Minnesota Statutes, section 299A.73.
The commissioner shall use this money to
make grants to help existing programs serve
unmet needs in their communities and to
fund new programs in underserved areas of
the state. This is a onetime appropriation.
Legal Advocacy for Trafficking Victims.
$150,000 each year is for a grant for ten
weekly international trafficking screening
clinics that are staffed by attorneys from
a nonprofit organization that provides free
legal, medical, dental, mental health, shelter,
and vocational counseling services and
English language classes to trafficking
victims in the state. This is a onetime
appropriation and is available until June 30,
2009.
The grant applicant shall prepare and submit
to the commissioner a written grant proposal
detailing the screening clinic free services,
including components of the services offered.
Homeless Outreach. $150,000 each year is
for homeless outreach grants under section
17. This is a onetime appropriation.
Defibrillators. $50,000 each year is for
grants to local law enforcement agencies
in counties other than metropolitan
counties, as defined in Minnesota Statutes,
section 473.121, subdivision 4, to
purchase defibrillators. This is a onetime
appropriation.
Integrated Domestic Violence Response
Framework; Report. $500,000 the first
year is for a grant to the city of St. Paul to
implement an integrated domestic violence
response framework. The project must
focus on the following items: developing
policies, procedures, and quality assurance
for domestic violence responses from 911
operators, law enforcement, prosecutors,
probation, district court, victim advocates,
social service providers, and other identified
interveners; developing an information
gathering and dissemination plan for
interveners; and developing training
curricula for interveners. The project must
develop a statewide model for a domestic
violence response framework that may be
used by local criminal justice agencies and
advocacy programs throughout the state. The
city of St. Paul may contract with outside
organizations to assist with the duties to
be performed under this project. These
contracts, regardless of the monetary limit
or nature of the contract, shall be subject to
municipal bidding procedures or be awarded
through the city's request for proposal (RFP)
process. This is a onetime appropriation and
is available until June 30, 2009.
By February 1, 2010, the city of St. Paul
shall report to the chairs and ranking
minority members of the senate and house
of representatives committees having
jurisdiction over criminal justice funding and
policy on the results of the project.
Children at Risk. $250,000 each year is
for a grant to an organization that provides
services to children under the age of ten
who are involved or are at highest risk of
becoming involved in the juvenile justice
system and who are at highest risk of future
serious or violent offending, substance abuse,
school failure, teen pregnancy, or welfare
dependency. This is a onetime appropriation.
Administration Costs. Up to 2.5 percent
of the grant funds appropriated in this
subdivision may be used to administer the
grant program.

Subd. 7.911 Emergency Services/ARMER
55,681,000
50,385,000
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
Public Safety Answering Points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
Medical Resource Communication
Centers. $683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
ARMER Debt Service. $6,149,000 the
first year and $11,853,000 the second year
are to the commissioner of finance to pay
debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8; or in subdivision 8.
The base for this appropriation is $17,557,000
in fiscal year 2010 and $23,261,000 in fiscal
year 2011.
Metropolitan Council Debt Service.
$1,410,000 each year is to the commissioner
of finance for payment to the Metropolitan
Council for debt service on bonds issued
under Minnesota Statutes, section 403.27.
ARMER Improvements. $1,000,000 each
year is for the Statewide Radio Board for
costs of design, construction, maintenance
of, and improvements to those elements
of the statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication
system is not yet implemented.
ARMER Interoperability Planning.
$323,000 each year is to provide funding
to coordinate and plan for communication
interoperability between public safety
entities.
ARMER State Backbone Operating Costs.
$3,110,000 each year is to the commissioner
of transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone. The base
for this appropriation is $5,060,000 in fiscal
year 2010 and $5,060,000 in fiscal year 2011
to provide funding to operate one additional
phase of the system.
Zone Controller. $5,400,000 the first year
is a onetime appropriation to upgrade zone
controllers and network elements in phases
one and two of the statewide radio system.
Advance Project Development. $3,750,000
the first year is a onetime appropriation for
site acquisition and site development work
for the remaining phases of the statewide
radio system. This appropriation is available
until June 30, 2010. This appropriation is to
the commissioner of public safety for transfer
to the commissioner of transportation.
System Design. $1,850,000 the first year is a
onetime appropriation to complete detailed
design and planning of the remaining
phases of the statewide radio system.
The commissioner of public safety and
the commissioner of transportation shall
determine the scope of the study, after
consulting with the Statewide Radio Board,
the commissioner of administration, and the
state chief information officer. The study
must address the system design for the
state backbone and implications for local
coverage, how data can be integrated, and
whether other public safety communication
networks can be integrated with the state
backbone. The study must estimate the
full cost of completing the state backbone
to specified standards, the cost of local
subsystems, and the potential advantages
of using a request for proposal approach
to solicit private sector participation in the
project. The study must include a financial
analysis of whether the estimated revenue
from increasing the 911 fee by up to 30
cents will cover the estimated debt service
of revenue bonds issued to finance the cost
of completing the statewide radio system
and a portion of the cost up to 50 percent
for local subsystems. The study must also
review the project organizational structure
and governance.

Subd. 8.ARMER Public Safety
186,000,000
Radio and Communication System. The
appropriations in this subdivision are from
the 911 revenue bond proceeds account
for the purposes indicated, to be available
until the project is completed or abandoned,
subject to Minnesota Statutes, section
16A.642.
The appropriations are to the commissioner
of public safety for transfer to the
commissioner of transportation to construct
the system backbone of the public safety
radio and communication system plan under
Minnesota Statutes, section 403.36.
$62,000,000 of this appropriation is for
the second year. $62,000,000 of this
appropriation is available on or after July 1,
2009. $62,000,000 of this appropriation is
available on or after July 1, 2010.
The commissioner of public safety and the
commissioner of transportation shall certify
to the chairs of the house of representatives
Public Safety Finance Division of the
Finance Committee and the senate Public
Safety Budget Division of the Finance
Committee that the detailed design has been
completed and that the financial analysis
finds that sufficient revenue will be generated
by proposed changes in the 911 fee to cover
all estimated debt service on revenue bonds
proposed to be issued to complete the system
before the appropriation is made available.
The commissioner of finance shall not
approve any fee increase under Minnesota
Statutes, section 403.11, subdivision 1,
paragraph (c), until this certification is made.
Bond Sale Authorization. To provide the
money appropriated in this subdivision,
the commissioner of finance shall sell and
issue bonds of the state in an amount up to
$186,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota
Statutes, section 403.275.



Sec. 11. PEACE OFFICER STANDARDS
AND TRAINING (POST) BOARD
$
4,296,000
$
4,278,000
Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,296,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,278,000 must
be transferred and credited to the general
fund.
Peace Officer Training Reimbursements.
$3,159,000 the first year and $ 3,159,000 the
second year are for reimbursements to local
governments for peace officer training costs.
No Contact Orders. The board shall: (1)
revise and update preservice courses and
develop in-service training courses related
to no contact orders in domestic violence
cases and domestic violence dynamics; and
(2) reimburse peace officers who have taken
training courses described in clause (1).
At a minimum, the training must include
instruction in the laws relating to no contact
orders and address how to best coordinate
law enforcement resources relating to no
contact orders. In addition, the training
must include a component to instruct peace
officers on doing risk assessments of the
escalating factors of lethality in domestic
violence cases. The board must consult with
a statewide domestic violence organization
in developing training courses. The board
shall utilize a request for proposal process in
awarding training contracts. The recipient
of the training contract must conduct these
trainings with advocates or instructors from
a statewide domestic violence organization.
Beginning on January 1, 2008, the board may
not approve an in-service training course
relating to domestic abuse that does not
comply with this section.



Sec. 12. BOARD OF PRIVATE DETECTIVES
AND PROTECTIVE AGENT SERVICES
$
129,000
$
132,000


Sec. 13. HUMAN RIGHTS
$
4,986,000
$
3,733,000
Management Information System.
$1,403,000 the first year and $55,000 the
second year are for the replacement of
the department's tracking and compliance
databases with a management information
system.
Evaluation. The department shall conduct
a survey that evaluates the outcome of
complaints filed with the department and
whether or not a charging party is satisfied
with the outcome of a complaint and
the process by which the complaint is
reviewed and handled by the department.
The department shall evaluate complaints
for which a probable cause or no probable
cause determination is made. The survey
must seek to determine the reasons for any
dissatisfaction and whether a party sought an
appeal or reconsideration of a determination
or decision. The survey shall evaluate
complaints filed or resolved in the past two
years. By January 15, 2008, the department
shall summarize the survey findings and file
a report with the chairs and ranking minority
members of the house of representatives
and senate committees having jurisdiction
over criminal justice policy and funding that
discusses the findings and any recommended
changes in policies, procedures, or staffing
the department proposes to undertake in
response to the findings.
Inmate Complaints, Assaults, and
Fatalities; Corrections Ombudsman;
Working Group; Report. By August 1,
2007, the commissioner of human rights shall
convene a working group to study how the
state addresses inmate complaints, assaults,
and deaths in county jails, workhouses,
and prisons. The commissioner shall serve
as chair of the working group and invite
representatives from the Department of
Corrections, legislature, Minnesota Sheriffs'
Association, Minnesota Association of
Community Corrections Act counties, state
bar association, criminal victims justice
unit, Council on Black Minnesotans, Indian
Affairs Council, Council on Asian-Pacific
Minnesotans, Chicano/Latino Affairs
Council, University of Minnesota Law
School, Immigrant Law Center of Minnesota,
the ombudsman for mental health and
developmental disabilities, and other
interested parties to participate in the
working group. The group must: (1) assess
how state and local units of government
currently process and respond to inmate
complaints, assaults, and deaths; (2) assess
the effectiveness of the state's former
corrections ombudsman program; (3) study
other states' corrections ombudsmen; (4)
study whether the state should conduct
a fatality review process for inmates
who die while in custody; and (5) make
recommendations on how state and local
units of government should systematically
address inmate complaints, assaults, and
deaths, including the need to reappoint a
corrections ombudsman. The commissioner
of corrections shall provide to the working
group summary data on assaults and
deaths that have occurred in state and local
correctional facilities. The commissioner of
human rights shall file a report detailing the
group's findings and recommendations with
the chairs and ranking minority members
of the house of representatives and senate
committees having jurisdiction over criminal
justice policy and funding by January 15,
2008.
Attorney General; Continuation of
Services. The attorney general shall continue
to provide conciliation services and conduct
settlement conferences for the department
in situations where the commissioner has
determined that there is probable cause to
believe that a person has engaged in an unfair
discriminatory practice.


Sec. 14. DEPARTMENT OF CORRECTIONS

Subdivision 1.Total Appropriation
$
460,829,000
$
475,954,000

Appropriations by Fund

2008
2009

General
459,939,000
475,064,000

Special Revenue
890,000
890,000
The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Correctional Institutions
323,492,000
336,631,000

Appropriations by Fund

General
322,912,000
336,051,000

Special Revenue
580,000
580,000
Contracts for Beds at Rush City. If the
commissioner contracts with other states,
local units of government, or the federal
government to rent beds in the Rush City
Correctional Facility, the commissioner shall
charge a per diem under the contract, to the
extent possible, that is equal to or greater
than the per diem cost of housing Minnesota
inmates in the facility.
Notwithstanding any law to the contrary, the
commissioner may use per diems collected
under contracts for beds at MCF-Rush City
to operate the state correctional system.
Offender Re-Entry Services. $400,000
each year is for increased funding for
expansion of offender re-entry services in the
institutions and staffing for the Department
of Corrections MCORP program.

Subd. 3.Community Services
119,821,000
121,396,000

Appropriations by Fund

General
119,721,000
121,296,000

Special Revenue
100,000
100,000
ISR Agents, Challenge Incarceration
Program. $600,000 the first year and
$1,000,000 the second year are for intensive
supervised release agents for the challenge
incarceration program.
ISR Agents, Conditional Release Program.
$300,000 each year is for intensive supervised
release agents for the conditional release
program. This is a onetime appropriation.
Interstate Compact. $225,000 each year is
for increased costs based on changes made to
the Interstate Compact for Adult Offender
Supervision, Minnesota Statutes, section
243.1605.
Sex Offenders, Civil Commitment and
Tracking. $350,000 each year is to fund a
legal representative for civil commitments
and to manage and track sex offenders.
Probation Supervision, CCA System.
$2,800,000 each year is added to the
Community Corrections Act subsidy,
Minnesota Statutes, section 401.14.
Probation Supervision, CPO System.
$600,000 each year is added to the county
probation officers reimbursement base.
Probation Supervision, DOC System.
$600,000 each year is for the Department of
Corrections probation and supervised release
unit.
Probation, Caseload Reduction.
$2,000,000 each year is for adult and juvenile
felon offender management to be distributed
statewide by the Community Corrections Act
formula. These appropriations may be used
for sex offender management.
Sex Offender Treatment. $500,000 each
year are to increase funding for providing
treatment for sex offenders on community
supervision.
Sentencing to Service. $600,000 each
year is to increase funding for sentencing
to service activities such as highway litter
cleanup.
Short-Term Offenders. $2,500,000 each
year is to increase funding for the costs
associated with the housing and care of
short-term offenders. The commissioner may
use up to 20 percent of the total amount of the
appropriation for inpatient medical care for
short-term offenders. All funds remaining at
the end of the fiscal year not expended for
inpatient medical care must be added to and
distributed with the housing funds. These
funds must be distributed proportionately
based on the total number of days short-term
offenders are placed locally, not to exceed
$70 per day.
The department is exempt from the state
contracting process for the purposes of
paying short-term offender costs relating to
Minnesota Statutes, section 609.105.
Offender Re-Entry Service. $550,000 each
year is for offender job-seeking services,
evidence-based research, expansion of
re-entry services specific to juveniles,
and funding to local units of government
participating in MCORP to provide re-entry
programming to offenders.
Offender Re-Entry Grant. $600,000 the
first year and $1,000,000 the second year
are for grants to the nonprofit organization
selected to administer the demonstration
project for high-risk adults under section 19.
This is a onetime appropriation.
Employment Services for Ex-Offenders.
$200,000 each year is for grants to a nonprofit
organization to establish a pilot project to
provide employment services to ex-criminal
offenders living in the North Minneapolis
community as provided for in section 21.
This is a onetime appropriation.
Domestic Abuse Re-Entry Grants.
$200,000 each year is for the grant
authorized in section 20. This is a onetime
appropriation.
Re-Entry; Productive Day. $150,000
each year is appropriated from the general
fund to the commissioner of corrections
for the fiscal biennium ending June 30,
2009. The commissioner shall distribute the
money as a grant to the Arrowhead Regional
Corrections Agency to expand the agency's
productive day initiative program, as defined
in Minnesota Statutes, section 241.275,
to include juvenile offenders who are 16
years of age and older. This is a onetime
appropriation.
Mentoring Grants. $375,000 each year
is for mentoring grants under Minnesota
Statutes, section 241.86. The grant recipient
may collaborate with local parks and
recreation departments and may reimburse
the departments for the use of their facilities
by the grant recipient. This is a onetime
appropriation.
Short-Term Offender Study; Report.
The commissioner shall study the use and
effectiveness of the short-term offender
program and identify gaps in the current
system relating to programming and
re-entry services for short-term offenders.
On or before November 1, 2007, the
commissioner shall submit a report
detailing the commissioner's findings
and recommendations to the house of
representatives and senate committees with
jurisdiction over public safety policy and
funding.

Subd. 4.Operations Support
17,516,000
17,927,000

Appropriations by Fund

General
17,306,000
17,717,000

Special Revenue
210,000
210,000


Sec. 15. SENTENCING GUIDELINES
$
704,000
$
609,000
Effectiveness of Re-Entry Programs and
Drug Courts; Study. The Sentencing
Guidelines Commission, in consultation
with the commissioner of corrections and
the state court administrator, shall study: (1)
the effectiveness of the offender re-entry
funding and programs authorized in this act;
and (2) the effectiveness of the state's drug
courts. The report must assess the impact
this act's re-entry grants and programs and
the state's drug court funding had on the
recidivism rate of offenders who participated
in programs that received re-entry grants
or drug courts, attempt to calculate related
savings, if any, in incarceration costs, and
develop a formula by which to measure the
impact in incarceration costs. The executive
director of the commission shall file an
interim report by January 15, 2008, and a
final report by January 15, 2009, with the
chairs and minority members of the house of
representatives and senate committees with
jurisdiction over public safety policy and
funding.
Collateral Sanctions Committee. $100,000
the first year is for the Collateral Sanctions
Committee described in article 7, section
23. This money must be used for staffing,
conducting research, conducting public
hearings, reimbursing committee members
for reasonable expenses, and for the required
report.
Changes to Grid for Controlled Substance
Offenses. The commission shall propose
changed rankings for controlled substance
offenses on the sentencing guidelines grid.
The proposal must encompass the following
factors:
(1) the proportionality of Minnesota's drug
sentencing provisions when compared to
sentencing provisions for other crimes in
Minnesota;
(2) the proportionality of Minnesota's drug
sentencing provisions when compared to
drug sentencing provisions throughout the
United States, including the Federal system;
(3) the average and the range of criminal
history scores for each level of drug offender
currently incarcerated in Minnesota's prisons;
(4) the criminal history of offenders who
would be impacted by the commission's
recommendations;
(5) the type and quantity of Minnesota
correctional resources that are dedicated to
all drug offenders; and
(6) the projected annual cost to the
Department of Corrections of incarcerating
all drug offenders in state prisons over the
next ten years, under present grid rankings
and under the proposed grid rankings.
The commission's proposal shall not take
effect, except as provided in Minnesota
Statutes, section 244.09, subdivision 11.

    Sec. 16. [241.86] MENTORING GRANT FOR CHILDREN OF
INCARCERATED PARENTS.
    Subdivision 1. Mentoring grant. The commissioner of corrections shall award
a grant to nonprofit organizations that provide one-to-one mentoring relationships to
youth enrolled between the ages of seven to 13 whose parent or other significant family
member is incarcerated in a county workhouse, county jail, state prison, or other type of
correctional facility or is subject to correctional supervision. The intent of the grant is
to provide children with adult mentors to strengthen developmental outcomes, including
enhanced self-confidence and esteem; improved academic performance; and improved
relationships with peers, family, and other adults that may prevent them from entering the
juvenile justice system.
    Subd. 2. Grant criteria. As a condition of receiving grants, the grant recipients
shall do the following:
    (1) collaborate with other organizations that have a demonstrated history of
providing services to youth and families in disadvantaged situations;
    (2) implement procedures to ensure that 100 percent of the mentors pose no safety
risk to the child and have the skills to participate in a mentoring relationship;
    (3) provide enhanced training to mentors focusing on asset building and family
dynamics when a parent is incarcerated; and
    (4) provide an individual family plan and aftercare.
    Subd. 3. Program evaluation. Grant recipients shall submit an evaluation plan
to the commissioner delineating the program and student outcome goals and activities
implemented to achieve the stated outcomes. The goals must be clearly stated and
measurable. Grant recipients shall collect, analyze, and report on participation and
outcome data that enable the department to verify that the program goals were met.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 17. HOMELESS OUTREACH GRANTS.
    Subdivision 1. Grant program. The commissioner of public safety shall establish a
grant program to connect people experiencing homelessness to housing and services for
purposes of reducing recidivism and promoting stronger communities.
    Subd. 2. Grant recipients. The commissioner, in consultation with the director
of ending long-term homelessness, the Ending Long-Term Homelessness Advisory
Council, and the Office of Economic Opportunity of the Department of Human Services,
shall award grants to agencies experienced in homeless outreach services and provide
needed staff qualified to work with people with serious mental illness or chemical
dependency, and employ outreach staff who are trained and qualified to work with racially
and culturally diverse populations.
    Subd. 3. Project design. Projects eligible for grants under this section must do
the following:
    (1) provide outreach services that may be targeted to, but are not limited to, people
experiencing long-term homelessness and homeless people who have had repeated
interactions with law enforcement;
    (2) provide outreach services that will provide intervention strategies linking people
to housing and services as an alternative to arrest;
    (3) provide a plan to connect people experiencing homelessness to services for
which they may be eligible, such as Supplemental Security Income, veterans benefits,
health care, housing assistance, and long-term support programs for those with significant
barriers to living on their own;
    (4) demonstrate partnership or collaboration with local law enforcement, which may
include joint application for homeless outreach grants, joint sharing in administration of
the grant, development of protocol defining when outreach workers are called upon,
and shared training opportunities;
    (5) promote community collaboration with local and county governments, social
services providers, mental health crisis providers, and other community organizations
that address homelessness;
    (6) provide a plan to leverage resources from the entities listed in clause (5) and other
private sources to accomplish the goal of moving people into housing and services; and
    (7) provide a plan to measure and evaluate the program's effectiveness in connecting
people experiencing homelessness to housing and services and reducing the use of public
safety and corrections resources.
    Subd. 4. Annual report. Grant recipients shall report to the commissioner by June
30 of each year on the services and programs provided, expenditures of grant money,
and an evaluation of the program's success in connecting individuals experiencing
homelessness to housing and services, and reducing the use of public safety and
corrections resources. The commissioner shall independently evaluate the effectiveness of
the grant recipients in achieving the goals of the program and report the results of this
evaluation and other information on the grant program to the chairs and ranking minority
members of the senate and house of representatives divisions having jurisdiction over
criminal justice funding by January 15, 2010.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 18. CHILD ADVOCACY CENTER GRANTS.
    Subdivision 1. Purpose. Grants under this section are provided to stabilize funding
and ensure the continued viability of core functions relating to child maltreatment
investigations, interviews, treatment, and related training. The grants ensure that child
victims of abuse have access to safe, secure facilities and that law enforcement has access
to the tools necessary for the successful apprehension and conviction of child predators.
The grants ensure that important government duties relating to the protection of children
are not ignored and subjected to unstable, irregular funding sources. The grants provide
funding for state mandates relating to child maltreatment reporting and assessment.
    Subd. 2. Criteria. (a) Grants must be made only to child advocacy centers that are
accredited members in good standing with the National Children's Alliance or are actively
pursuing that status.
    (b) Grant awards may be used for:
    (1) child interview or investigation programs and facilities;
    (2) coordination of or referral for support services; or
    (3) related statewide training programs.
    (c) To be eligible for a grant, a child advocacy center must facilitate the provision of
the following core services:
    (1) support and services for alleged child abuse victims and their families;
    (2) coordination of investigations of child abuse by providing a location for forensic
interviews;
    (3) promoting the coordination of services for children alleged to have been abused;
    (4) forensic medical examinations;
    (5) mental health and related support services;
    (6) court advocacy; and
    (7) consultation and training of multidisciplinary child protection teams.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 19. DEMONSTRATION PROJECT FOR HIGH-RISK ADULTS.
    Subdivision 1. Definition. For purposes of this section, "high-risk adult" means an
adult with a history of some combination of substance abuse, mental illness, chronic
unemployment, incarceration, or homelessness. High-risk adults are considered to be
very likely to enter or re-enter state or county correctional programs or chemical or
mental health programs.
    Subd. 2. Establishment. (a) The commissioner of corrections shall contract with
one nonprofit entity to conduct this demonstration project and document the effectiveness
of this model. Initially, the demonstration will operate in the Twin Cities metropolitan area.
    (b) At a minimum, the contractor shall meet the following criteria:
    (1) be an incorporated, nonprofit organization that is capable of managing and
operating a multidisciplinary model for providing high-risk adults with housing, short-term
work, health care, behavioral health care, and community re-engagement;
    (2) demonstrate an ability to organize and manage an alliance of nonprofit
organizations providing services to high-risk adults;
    (3) have organizational leaders with a demonstrated ability to organize, manage,
and lead service teams consisting of workers from multiple service providers that deliver
direct support to high-risk adults;
    (4) have experience with providing a comprehensive set of housing, work, health
care, behavioral health care, and community re-engagement services to high-risk adults;
and
    (5) be a recipient of foundation and other private funds for the refinement and testing
of a demonstration of this type.
    Subd. 3. Scope of the demonstration project. The contractor undertaking this
demonstration project shall do the following, as part of this project:
    (1) enroll eligible high-risk adults over the demonstration project period, starting
December 1, 2007;
    (2) using best practices derived from research and testing, provide or assist in
arranging access to services for high-risk adults enrolled in the demonstration project,
including, at a minimum, housing, behavioral health services, health care, employment,
and community and family re-engagement;
    (3) maximize the performance of existing services and programs by coordinating
access to and the delivery of these services; and
    (4) define conditions under which enrollees are considered to be in good standing
and allowed to remain in the demonstration project.
The conditions under clause (4) may include, but are not limited to, the following:
    (i) living in stable and safe housing;
    (ii) working and earning an income;
    (iii) paying child support, if appropriate;
    (iv) participating in treatment programs, if appropriate; and
    (v) having no arrests.
    Subd. 4. Eligibility. The following types of individuals are eligible for enrollment
in this demonstration project:
    (1) high-risk adults;
    (2) high-risk adults in the process of being released from state correctional facilities,
county detention facilities, community-based treatment or detoxification facilities,
community corrections halfway houses, or other similar programs, or on probation; and
    (3) high-risk adults willing to accept the requirements imposed on enrollees in the
demonstration project, including, but not limited to, maintaining steady employment;
paying child support, if applicable; remaining drug-free and alcohol-free, if applicable;
and no criminal activity.
    Subd. 5. Payment. To the extent funds are appropriated for the purposes of this
section, the commissioner of corrections shall pay to the entity under contract a monthly
fee of $1,600 for each enrollee who (1) had been in the custody of the commissioner of
corrections within the preceding year, and (2) is in good standing in the demonstration
project.
    Subd. 6. Report. (a) By January 15 of each year, the entity under contract shall
submit a report to the commissioners of corrections, human services, employment and
economic development, and housing finance, and the legislature. The report must include
the following:
    (1) the number of participants who have been enrolled and the number currently
participating in the demonstration project;
    (2) a description of the services provided to enrollees over the past year and over the
duration of the demonstration project to date;
    (3) an accounting of the costs associated with the enrollees over the past year and
over the duration of the demonstration project to date; and
    (4) any other information requested by the commissioners of corrections, human
services, employment and economic development, and housing finance, and the legislature.
    (b) The report must include recommendations on improving and expanding the
project to other geographical areas of the state.
    (c) The report must include an update on the status of the independent evaluation
required in subdivision 7.
    Subd. 7. Independent evaluation. An independent evaluator selected by the
commissioner of corrections shall conduct an evaluation of the project. The independent
evaluator shall complete and submit a report of findings and recommendations to the
commissioners of corrections, human services, employment and economic development,
and housing finance, and the legislature. This independent evaluation must be developed
and implemented concurrently with the demonstration project, beginning on December
1, 2007. The final report is due upon completion of the demonstration project and must
be submitted to the above-named entities.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 20. RE-ENTRY GRANT ADDRESSING DOMESTIC VIOLENCE AND
INTIMATE PARTNER VIOLENCE.
    Subdivision 1. Re-entry grant. The commissioner of corrections shall award a
grant to a nonprofit having a section 501(c)(3) status with the Internal Revenue Service
or a public or private institution of higher education that has expertise in addressing the
intersection between offender re-entry and domestic violence. The intent of the grant is
to provide services to re-entering offenders and their intimate partners to: (1) reduce the
incidence of domestic violence among offenders re-entering the community; (2) reduce
occurrences of domestic violence, serious injury, and death experienced by intimate
partners who are in relationships with offenders recently released from jail or prison; and
(3) reduce criminal recidivism due to domestic violence.
    Subd. 2. Grant criteria. As a condition of receiving the grant, the grant recipient
must:
    (1) subcontract with at least one community-based domestic abuse counseling
or educational program and at least one crime victim service provider to provide
comprehensive services to recently released offenders and their intimate partners;
    (2) train the organizations selected pursuant to clause (1) on research-based practices
and best practices in addressing the intersection of offender re-entry and domestic
violence; and
    (3) serve as liaison to the Department of Corrections and provide technical
assistance, training, and coordination to the organizations selected pursuant to clause (1)
in implementing policies that address the intersection of offender re-entry and domestic
violence.
    Subd. 3. Program evaluation. The grant recipient must rigorously evaluate the
effectiveness of its intervention and work with subcontracted organizations to collect data.
The grant recipient must submit an evaluation plan to the commissioner of corrections
delineating project goals and specific activities performed to achieve those goals.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 21. EMPLOYMENT SERVICES FOR EX-CRIMINAL OFFENDERS;
PILOT PROJECT.
    (a) The commissioner of corrections shall issue a grant to a nonprofit organization to
establish a pilot project to provide employment services to ex-criminal offenders living
in the North Minneapolis community. The pilot project must provide the ex-offender
participants with a continuum of employment services that identifies their needs;
intervenes with them through case management if they are struggling; and provides them
with work readiness, skill training, chemical and mental health referrals, housing support,
job placement, work experience, and job retention support. The pilot project shall work
with community corrections officials, faith-based organizations, and businesses to create
an array of support opportunities for the participants.
    (b) By January 15, 2010, the commissioner of corrections shall report to the chairs
and ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice policy and funding on the activities
conducted by the grant recipient and the effectiveness of the pilot project.
EFFECTIVE DATE.This section is effective July 1, 2007.

ARTICLE 2
GENERAL CRIME

    Section 1. Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to
read:
    Subd. 22. Domestic abuse no contact order. (a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:
    (1) domestic abuse;
    (2) harassment or stalking charged under section 609.749 and committed against
a family or household member;
    (3) violation of an order for protection charged under subdivision 14; or
    (4) violation of a prior domestic abuse no contact order charged under this
subdivision.
It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.
    (b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.
    (c) A person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
and must be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
    (d) A person is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both, if the
person knowingly violates this subdivision: (1) within ten years of the first of two or
more previous qualified domestic violence-related offense convictions or adjudications
of delinquency; or (2) while possessing a dangerous weapon, as defined in section
609.02, subdivision 6. Upon a felony conviction under this paragraph in which the
court stays imposition or execution of sentence, the court shall impose at least a 30-day
period of incarceration as a condition of probation. The court also shall order that the
defendant participate in counseling or other appropriate programs selected by the court.
Notwithstanding section 609.135, the court must impose and execute the minimum
sentence provided in this paragraph for felony convictions.
    (d) (e) A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer. The person shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 2. Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
    Subd. 16. Qualified domestic violence-related offense. "Qualified domestic
violence-related offense" includes a violation of or an attempt to violate the following
offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact order);
609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault);
609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree
criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 3. Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to read:
    Subd. 11. Sexual contact. (a) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e),
and (h) to (m) (o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed with sexual
or aggressive intent:
    (i) the intentional touching by the actor of the complainant's intimate parts, or
    (ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or
    (iii) the touching by another of the complainant's intimate parts effected by coercion
or by a person in a position of authority, or
    (iv) in any of the cases above, the touching of the clothing covering the immediate
area of the intimate parts.
    (b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
    (i) the intentional touching by the actor of the complainant's intimate parts;
    (ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts;
    (iii) the touching by another of the complainant's intimate parts; or
    (iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts.
    (c) "Sexual contact with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening
with sexual or aggressive intent or the touching by the complainant's bare genitals or anal
opening of the actor's or another's bare genitals or anal opening with sexual or aggressive
intent.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
    Subdivision 1. Crime defined. A person who engages in sexual penetration with
another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:
    (a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
    (b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 24 months older than the complainant. In any such case if the actor is no more
than 120 months older than the complainant, it shall be an affirmative defense, which
must be proved by a preponderance of the evidence, that the actor reasonably believes
the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the actor may be sentenced
to imprisonment for not more than five years. Consent by the complainant is not a defense;
    (c) the actor uses force or coercion to accomplish the penetration;
    (d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
    (e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
    (f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by the complainant is a defense;
    (g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
    (i) the actor or an accomplice used force or coercion to accomplish the penetration;
    (ii) the complainant suffered personal injury; or
    (iii) the sexual abuse involved multiple acts committed over an extended period of
time.
    Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
    (h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:
    (i) during the psychotherapy session; or
    (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.
    Consent by the complainant is not a defense;
    (i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
    (j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
    (k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
    (1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
    (i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
    (ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
    (m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including, but not limited
to, jails, prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense; or
    (n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant.
Consent by the complainant is not a defense.; or
    (o) the actor performs massage or other bodywork for hire, the complainant was a
user of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 5. Minnesota Statutes 2006, section 609.345, subdivision 1, is amended to read:
    Subdivision 1. Crime defined. A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:
    (a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
    (b) the complainant is at least 13 but less than 16 years of age and the actor is
more than 48 months older than the complainant or in a position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such
case, if the actor is no more than 120 months older than the complainant, it shall be an
affirmative defense which must be proved by a preponderance of the evidence that the
actor reasonably believes the complainant to be 16 years of age or older. In all other cases,
mistake as to the complainant's age shall not be a defense;
    (c) the actor uses force or coercion to accomplish the sexual contact;
    (d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
    (e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
    (f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;
    (g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
    (i) the actor or an accomplice used force or coercion to accomplish the contact;
    (ii) the complainant suffered personal injury; or
    (iii) the sexual abuse involved multiple acts committed over an extended period of
time.
    Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
    (h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:
    (i) during the psychotherapy session; or
    (ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists. Consent by the complainant is not a defense;
    (i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
    (j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual contact occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
    (k) the actor accomplishes the sexual contact by means of deception or false
representation that the contact is for a bona fide medical purpose. Consent by the
complainant is not a defense;
    (1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
    (i) the sexual contact occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
    (ii) the sexual contact occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
    (m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including, but not limited
to, jails, prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense; or
    (n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense.; or
    (o) the actor performs massage or other bodywork for hire, the complainant was
a user of one of those services, and nonconsensual sexual contact occurred during or
immediately before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 6. Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision
to read:
    Subd. 9. Applicability. The provisions of this section do not affect the applicability
of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 7. Minnesota Statutes 2006, section 609.352, is amended to read:
609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL
CONDUCT; COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO
CHILDREN.
    Subdivision 1. Definitions. As used in this section:
    (a) "child" means a person 15 years of age or younger;
    (b) "sexual conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as defined in
section 617.246; and
    (c) "solicit" means commanding, entreating, or attempting to persuade a specific
person in person, by telephone, by letter, or by computerized or other electronic means.
    Subd. 2. Prohibited act. A person 18 years of age or older who solicits a child or
someone the person reasonably believes is a child to engage in sexual conduct with intent
to engage in sexual conduct is guilty of a felony and may be sentenced to imprisonment
for not more than three years, or to payment of a fine of not more than $5,000, or both as
provided in subdivision 4.
    Subd. 2a. Internet or computer solicitation of children. A person 18 years of
age or older who uses the Internet or a computer, computer program, computer network,
or computer system to commit any of the following acts, with the intent to arouse the
sexual desire of any person, is guilty of a felony and may be sentenced as provided in
subdivision 4:
    (1) soliciting a child or someone the person reasonably believes is a child to engage
in sexual conduct;
    (2) engaging in communication relating to or describing sexual conduct with a child
or someone the person reasonably believes is a child; or
    (3) distributing any material, language, or communication, including a photographic
or video image, that relates to or describes sexual conduct to a child or someone the
person reasonably believes is a child.
    Subd. 2b. Jurisdiction. A person may be convicted of an offense under subdivision
2a if the transmission that constitutes the offense either originates within this state or is
received within this state.
    Subd. 3. Defenses. (a) Mistake as to age is not a defense to a prosecution under
this section.
    (b) The fact that an undercover operative or law enforcement officer was involved
in the detection or investigation of an offense under this section does not constitute a
defense to a prosecution under this section.
    Subd. 4. Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony
and may be sentenced to imprisonment for not more than three years, or to payment of
a fine of not more than $5,000, or both.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 8. Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:
    Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
    (1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or
    (2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds $2,500
$5,000, or if the property stolen was an article representing a trade secret, an explosive or
incendiary device, or a controlled substance listed in schedule I or II pursuant to section
152.02 with the exception of marijuana; or
    (3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
    (a) the value of the property or services stolen is more than $500 $1,000 but not
more than $2,500 $5,000; or
    (b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or
    (c) the value of the property or services stolen is more than $250 $500 but not more
than $500 $1,000 and the person has been convicted within the preceding five years for an
offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582,
subdivision 1
, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or
    (d) the value of the property or services stolen is not more than $500 $1,000, and
any of the following circumstances exist:
    (i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or
    (ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or
    (iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
    (iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
    (v) the property stolen is a motor vehicle; or
    (4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than $250 $500
but not more than $500 $1,000; or
    (5) in all other cases where the value of the property or services stolen is $250
$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
by the defendant in violation of any one or more of the above provisions within any
six-month period may be aggregated and the defendant charged accordingly in applying
the provisions of this subdivision; provided that when two or more offenses are committed
by the same person in two or more counties, the accused may be prosecuted in any county
in which one of the offenses was committed for all of the offenses aggregated under
this paragraph.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 9. Minnesota Statutes 2006, section 609.52, is amended by adding a subdivision
to read:
    Subd. 3a. Enhanced penalty. If a violation of this section creates a reasonably
foreseeable risk of bodily harm to another, the penalties described in subdivision 3 are
enhanced as follows:
    (1) if the penalty is a misdemeanor or a gross misdemeanor, the person is guilty of a
felony and may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $5,000, or both; and
    (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50
percent longer than for the underlying crime.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 10. Minnesota Statutes 2006, section 609.526, is amended to read:
609.526 PRECIOUS METAL AND SCRAP METAL DEALERS; RECEIVING
STOLEN PROPERTY.
    Subdivision 1. Definitions. As used in this section, the following terms have the
meanings given:
    (1) "precious metal dealer" has the meaning given in section 325F.731, subdivision
2; and
    (2) "scrap metal dealer" has the meaning given in section 325E.21, subdivision 1.
    Subd. 2. Crime described. Any precious metal dealer as defined in section
325F.731, subdivision 2, or scrap metal dealer or any person employed by a precious metal
dealer as defined in section 325F.731, subdivision 2, who receives, possesses, transfers,
buys, or conceals any stolen property or property obtained by robbery, knowing or having
reason to know the property was stolen or obtained by robbery, may be sentenced as
follows:
    (1) if the value of the property received, bought, or concealed is $1,000 or more,
to imprisonment for not more than ten years or to payment of a fine of not more than
$50,000, or both;
    (2) if the value of the property received, bought, or concealed is less than $1,000 but
more than $300 $500, to imprisonment for not more than five three years or to payment of
a fine of not more than $40,000 $25,000, or both;
    (3) if the value of the property received, bought, or concealed is $300 $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both.
    Any person convicted of violating this section a second or subsequent time within a
period of one year may be sentenced as provided in clause (1).
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 11. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:
    Subd. 5. Government building. "Government building" means a building that
is owned, leased, controlled, or operated by a governmental entity for a governmental
purpose.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 12. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:
    Subd. 6. Religious establishment. "Religious establishment" means a building
used for worship services by a religious organization and clearly identified as such by a
posted sign or other means.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 13. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:
    Subd. 7. School building. "School building" means a public or private preschool,
elementary school, middle school, secondary school, or postsecondary school building.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 14. Minnesota Statutes 2006, section 609.581, is amended by adding a subdivision
to read:
    Subd. 8. Historic property. "Historic property" means any property identified
as a historic site or historic place by sections 138.661 to 138.664 and clearly identified
as such by a posted sign or other means.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 15. Minnesota Statutes 2006, section 609.582, subdivision 2, is amended to read:
    Subd. 2. Burglary in the second degree. (a) Whoever enters a building without
consent and with intent to commit a crime, or enters a building without consent and
commits a crime while in the building, either directly or as an accomplice, commits
burglary in the second degree and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both, if:
    (a) (1) the building is a dwelling;
    (b) (2) the portion of the building entered contains a banking business or other
business of receiving securities or other valuable papers for deposit or safekeeping and
the entry is with force or threat of force;
    (c) (3) the portion of the building entered contains a pharmacy or other lawful
business or practice in which controlled substances are routinely held or stored, and the
entry is forcible; or
    (d) (4) when entering or while in the building, the burglar possesses a tool to gain
access to money or property.
    (b) Whoever enters a government building, religious establishment, historic property,
or school building without consent and with intent to commit a crime under section 609.52
or 609.595, or enters a government building, religious establishment, historic property, or
school building without consent and commits a crime under section 609.52 or 609.595
while in the building, either directly or as an accomplice, commits burglary in the second
degree and may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 16. [609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR
TELECOMMUNICATIONS EQUIPMENT.
    Subdivision 1. Crime. Whoever intentionally and without consent from one
authorized to give consent causes any damage or takes, removes, severs, or breaks:
    (1) any line erected or maintained for the purpose of transmitting electricity for light,
heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected to the
line, or any wire, cable, or current of the line;
    (2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained
for the purpose of transporting, conveying, or distributing gas or other hazardous liquids
for light, heat, power, or any other purpose, or any part of the pipe, main, or pipeline, or
any valve, meter, holder, compressor, machinery, appurtenance, equipment, or apparatus
connected with any main or pipeline; or
    (3) any machinery, equipment, or fixtures used in receiving, initiating,
amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers, routers,
repeaters, multiplexers, and other items performing comparable functions; and machinery,
equipment, and fixtures used in the transportation of telecommunications services,
radio transmitters and receivers, satellite equipment, microwave equipment, and other
transporting media including wire, cable, fiber, poles, and conduit;
is guilty of a crime and may be sentenced as provided in subdivision 2.
    Subd. 2. Penalty. Whoever violates subdivision 1 is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 17. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
    Subdivision 1. Criminal damage to property in the first degree. Whoever
intentionally causes damage to physical property of another without the latter's consent
may be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if:
    (1) the damage to the property caused a reasonably foreseeable risk of bodily
harm; or
    (2) the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or
    (3) the damage reduces the value of the property by more than $500 $1,000 measured
by the cost of repair and replacement; or
    (4) the damage reduces the value of the property by more than $250 $500 measured
by the cost of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.
    In any prosecution under clause (3), the value of any property damaged by the
defendant in violation of that clause within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed for
all of the offenses aggregated under this paragraph.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 18. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
    Subd. 2. Criminal damage to property in the third degree. (a) Except as
otherwise provided in subdivision 1a, whoever intentionally causes damage to another
person's physical property without the other person's consent may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both, if the damage reduces the value of the property by more than $250 $500 but not
more than $500 $1,000 as measured by the cost of repair and replacement.
    (b) Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's actual or
perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
value of the property by not more than $250 $500.
    (c) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more
offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 19. REPEALER.
Minnesota Statutes 2006, section 609.805, is repealed.
EFFECTIVE DATE.This section is effective July 1, 2007.

ARTICLE 3
DWI AND DRIVING RELATED PROVISIONS

    Section 1. Minnesota Statutes 2006, section 169A.275, is amended by adding a
subdivision to read:
    Subd. 7. Exception. (a) A judge is not required to sentence a person as provided
in this section if the judge requires the person as a condition of probation to drive only
motor vehicles equipped with an ignition interlock device meeting the standards described
in section 171.306.
    (b) This subdivision expires July 1, 2009.
EFFECTIVE DATE.This section is effective July 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 2. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
    Subd. 7. Requirements for conducting tests; liability. (a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, phlebotomist, or laboratory assistant acting
at the request of a peace officer may withdraw blood for the purpose of determining the
presence of alcohol, a controlled substance or its metabolite, or a hazardous substance.
This limitation does not apply to the taking of a breath or urine sample.
    (b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.
    (c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, phlebotomist,
or registered nurse drawing blood at the request of a peace officer for the purpose of
determining the concentration of alcohol, a controlled substance or its metabolite, or a
hazardous substance is in no manner liable in any civil or criminal action except for
negligence in drawing the blood. The person administering a breath test must be fully
trained in the administration of breath tests pursuant to training given by the commissioner
of public safety.
EFFECTIVE DATE.This section is effective the day following final enactment
and applies to crimes committed on or after that date.

    Sec. 3. Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
to read:
    Subd. 9. Driving record disclosure to law enforcement. The commissioner
shall also furnish driving records, without charge, to chiefs of police, county sheriffs,
prosecuting attorneys, and other law enforcement agencies with the power to arrest.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 4. Minnesota Statutes 2006, section 171.305, is amended by adding a subdivision
to read:
    Subd. 11. Program standards. The program standards applicable to section
171.306 also apply to this section.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 5. [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
    Subdivision 1. Pilot project established; reports. The commissioner shall
conduct a two-year ignition interlock device pilot project as provided in this section. The
commissioner shall select one metropolitan county and one rural county to participate
in the pilot project. The pilot project must begin on July 1, 2007, and continue until
June 30, 2009. The commissioner shall submit two preliminary reports by February 1,
2008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and funding. The reports must evaluate the
successes and failures of the pilot project, provide information on participation rates, and
make recommendations on continuing the project.
    Subd. 2. Performance standards; certification. The commissioner shall determine
appropriate performance standards and a certification process for ignition interlock
devices for the pilot project. Only devices certified by the commissioner as meeting the
performance standards may be used in the pilot project.
    Subd. 3. Pilot project components. (a) Under the pilot project, the commissioner
shall issue a driver's license to an individual whose driver's license has been revoked
under chapter 169A for a repeat impaired driving incident if the person qualifies under this
section and agrees to all of the conditions of the project.
    (b) The commissioner must denote the person's driver's license record to indicate the
person's participation in the program. The license must authorize the person to drive only
vehicles having functioning ignition interlock devices conforming with the requirements
of subdivision 2.
    (c) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating in
the ignition interlock pilot program shall be subject to this program, and when the person
is eligible to be issued:
    (1) a limited driver's license subject to the ignition interlock restriction;
    (2) full driving privileges subject to the ignition interlock restriction; and
    (3) a driver's license without an ignition interlock restriction.
    (d) A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.
    (e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.
    (f) It is a misdemeanor for a person who is licensed under this section for driving
a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
control of a motor vehicle other than a vehicle properly equipped with an ignition
interlock device.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 6. Minnesota Statutes 2006, section 171.55, is amended to read:
171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
    The commissioner shall give the same effect for driver licensing purposes to conduct
reported from a licensing authority or court in another state or province or territory
of Canada that the commissioner would give to conduct reported from a court or other
agency of this state, whether or not the other state or province or territory of Canada is a
party to the Driver License Compact in section 171.50. The conduct to be given effect by
the commissioner includes a report of conviction for an offense enumerated in section
171.50, article IV, or an offense described in sections 171.17 and 171.18.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 7. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
    Subdivision 1. Criminal vehicular homicide or operation; crime described. A
person is guilty of criminal vehicular homicide resulting in death and may be sentenced
to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both or operation and may be sentenced as provided in subdivision 1a, if
the person causes injury to or the death of a human being not constituting murder or
manslaughter another as a result of operating a motor vehicle:
    (1) in a grossly negligent manner;
    (2) in a negligent manner while under the influence of:
    (i) alcohol;
    (ii) a controlled substance; or
    (iii) any combination of those elements;
    (3) while having an alcohol concentration of 0.08 or more;
    (4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
    (5) in a negligent manner while knowingly under the influence of a hazardous
substance;
    (6) in a negligent manner while any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body; or
    (7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6.; or
    (8) where the driver had actual knowledge that a peace officer had previously issued
a citation or warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to know that
the defect created a present danger to others, and the injury or death was caused by the
defective maintenance.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 8. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:
    Subd. 1a. Criminal penalties. (a) A person who violates subdivision 1 and causes
the death of a human being not constituting murder or manslaughter or the death of an
unborn child may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both.
    (b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
    (c) A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to payment of
a fine of not more than $10,000, or both.
    (d) A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 9. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:
    Subd. 1b. Conviction not bar to punishment for other crimes. A prosecution
for or a conviction of a crime under this section relating to causing death or injury to an
unborn child is not a bar to conviction of or punishment for any other crime committed by
the defendant as part of the same conduct.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 10. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
    Subd. 4a. Affirmative defense. It shall be an affirmative defense to a charge under
subdivision 1, clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4,
clause (6), that the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and 152.12.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 11. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
    Subd. 5. Definitions. For purposes of this section, the terms defined in this
subdivision have the meanings given them.
    (a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.
    (b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
    (c) "Hazardous substance" means any chemical or chemical compound that is listed
as a hazardous substance in rules adopted under chapter 182.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 12. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
    Subdivision 1. Certificates of analysis; blood sample reports; chain of custody.
    (a) In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
pursuant to section 169A.53, subdivision 3, the following documents shall be admissible
in evidence:
    (a) (1) a report of the facts and results of any laboratory analysis or examination if it
is prepared and attested by the person performing the laboratory analysis or examination
in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau
of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol,
Tobacco and Firearms, or the federal Drug Enforcement Administration;
    (b) (2) a report of a blood sample withdrawn under the implied consent law if:
    (i) The report was prepared by the person who administered the test;
    (ii) The person who withdrew the blood sample was competent to administer the test
under section 169A.51, subdivision 7; and
    (iii) The report was prepared consistent with any applicable rules promulgated
by the commissioner of public safety; and
    (c) (3) a verified chain of custody of a specimen while under the control of a
laboratory described in clause (a) (1).
    (b) A report described in paragraph (a), clause (a) (1), purported to be signed by the
person performing the analysis or examination in a laboratory named in that clause, or a
blood sample report described in paragraph (a), clause (b) (2), purported to be signed by
the person who withdrew the blood sample shall be admissible as evidence without proof
of the seal, signature or official character of the person whose name is signed to it. The
signature in paragraph (a), clause (a) (1) or (b) (2), can be written or in electronic format.
    (c) At least 20 days before trial, the prosecutor shall submit to the accused person or
the accused person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 13. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
    Subd. 2. Testimony at trial. (a) Except in civil proceedings, including proceedings
under section 169A.53, an accused person or the accused person's attorney may request,
by notifying the prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:
    (a) (1) a person who performed the laboratory analysis or examination for the report
described in subdivision 1, paragraph (a), clause (a) (1); or
    (b) (2) a person who prepared the blood sample report described in subdivision
1, paragraph (a), clause (b) (2).
    If a petitioner in a proceeding under section 169A.53 subpoenas a person described
in paragraph (a) clause (1) or (b) (2), to testify at the proceeding, the petitioner is not
required to pay the person witness fees under section 357.22 in excess of $100.
    (b) If the accused person or the accused person's attorney does not comply with
the ten-day requirement described in paragraph (a), the prosecutor is not required to
produce the person who performed the analysis or examination or prepared the report.
In this case, the accused person's right to confront that witness is waived and the report
shall be admitted into evidence.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 14. REVISOR'S INSTRUCTION.
    (a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
subdivision 2, the revisor of statutes shall change the references in column A to the
references in column B.

Column A
Column B

609.21, subdivision 1
609.21, subdivision 1a, paragraph (a)

609.21, subdivision 2
609.21, subdivision 1a, paragraph (b)

609.21, subdivision 2a
609.21, subdivision 1a, paragraph (c)

609.21, subdivision 2b
609.21, subdivision 1a, paragraph (d)

609.21, subdivision 4
609.21, subdivision 1a, paragraph (b)
    (b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall
replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a
reference to Minnesota Statutes, section 609.21, subdivision 1b.
    (c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the
reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to
Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
    (d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota
Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references
to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a,
clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and
subdivision 4, clauses (2) to (6).
EFFECTIVE DATE.This section is effective August 1, 2007.

    Sec. 15. REPEALER.
Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, and 4, are
repealed.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

ARTICLE 4
CRIME VICTIMS

    Section 1. Minnesota Statutes 2006, section 299C.46, is amended by adding a
subdivision to read:
    Subd. 6. Orders for protection and no contact orders. The data communications
network must include orders for protection issued under section 518B.01 and no
contact orders issued under section 629.715, subdivision 4. A no contact order must be
accompanied by a photograph of the offender for the purpose of enforcement of the order,
if a photograph is available and verified by the court to be an image of the defendant.
EFFECTIVE DATE.This section is effective August 1, 2007

    Sec. 2. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:
    Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
policies to effectuate the purposes of this chapter and shall do the following:
    (1) exercise leadership under the direction of the governor in the development of
human rights policies and programs, and make recommendations to the governor and the
legislature for their consideration and implementation;
    (2) establish and maintain a principal office in St. Paul, and any other necessary
branch offices at any location within the state;
    (3) meet and function at any place within the state;
    (4) employ attorneys, clerks, and other employees and agents as the commissioner
may deem necessary and prescribe their duties;
    (5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary
to effectuate the purposes of this chapter;
    (6) obtain upon request and utilize the services of all state governmental departments
and agencies;
    (7) adopt suitable rules for effectuating the purposes of this chapter;
    (8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;
    (9) subpoena witnesses, administer oaths, take testimony, and require the production
for examination of any books or papers relative to any matter under investigation or in
question as the commissioner deems appropriate to carry out the purposes of this chapter;
    (10) attempt, by means of education, conference, conciliation, and persuasion to
eliminate unfair discriminatory practices as being contrary to the public policy of the state;
    (11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
    (12) make a written report of the activities of the commissioner to the governor
each year;
    (13) accept gifts, bequests, grants, or other payments public and private to help
finance the activities of the department;
    (14) create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of Human
Rights;
    (15) develop such programs as will aid in determining the compliance throughout
the state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion,
national origin, sex, age, disability, marital status, status with regard to public assistance,
familial status, sexual orientation, or other factors and develop accurate data on the nature
and extent of discrimination and other matters as they may affect housing, employment,
public accommodations, schools, and other areas of public life;
    (16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;
    (17) provide staff services to such advisory committees as may be created in aid of
the functions of the Department of Human Rights;
    (18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; and
    (19) cooperate and consult with the commissioner of labor and industry regarding
the investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7
.
    In performing these duties, the commissioner shall give priority to those duties in
clauses (8), (9), and (10) and to the duties in section 363A.36.
    (b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to
help finance activities of the department.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 3. [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
TERMINATE LEASE.
    Subdivision 1. Right to terminate; procedure. (a) A tenant to a residential lease
who is a victim of domestic abuse and fears imminent domestic abuse against the tenant or
the tenant's minor children if the tenant or the tenant's minor children remain in the leased
premises may terminate a lease agreement without penalty or liability as provided in this
section. The tenant must provide advance written notice to the landlord stating that:
    (1) the tenant fears imminent domestic abuse from a person named in an order
for protection or no contact order;
    (2) the tenant needs to terminate the tenancy; and
    (3) the specific date the tenancy will terminate.
    (b) The written notice must be delivered before the termination of the tenancy by
mail, fax, or in person, and be accompanied by the order for protection or no contact order.
    (c) For purposes of this section, an order for protection means an order issued under
chapter 518B. A no contact order means a no contact order currently in effect, issued
under section 518B.01, subdivision 22, or chapter 609.
    Subd. 2. Treatment of information. A landlord must not disclose information
provided to the landlord by a tenant documenting domestic abuse under subdivision 1.
The information must not be entered into any shared database or provided to any person or
entity but may be used when required as evidence in an eviction proceeding, action for
unpaid rent or damages arising out of the tenancy, claims under section 504B.178, with
the consent of the tenant, or as otherwise required by law.
    Subd. 3. Liability for rent; termination of tenancy. (a) A tenant terminating a
lease under subdivision 1 is responsible for the rent payment for the full month in which
the tenancy terminates and an additional amount equal to one month's rent. The tenant is
relieved of any other contractual obligation for payment of rent or any other charges for
the remaining term of the lease, except as provided in this section.
    (b) This section does not affect a tenant's liability for delinquent, unpaid rent or
other amounts owed to the landlord before the lease was terminated by the tenant under
this section.
    (c) The tenancy terminates, including the right of possession of the premises, on the
termination date stated in the notice under subdivision 1. The amount equal to one month's
rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
the contractual obligations for the remaining term of the lease as provided in this section.
    (d) For purposes of this section, the provisions of section 504B.178 are triggered
as follows:
    (1) if the only tenant is the tenant who is the victim of domestic abuse and the
tenant's minor children, if any, upon the first day of the month following the later of:
    (i) the date the tenant vacates the premises; or
    (ii) the termination of the tenancy indicated in the written notice under subdivision
1; or
    (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
    Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
agreement under this section, if there are any remaining tenants the tenancy continues for
those remaining tenants.
    Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
may not require the residential tenant to waive, the tenant's rights under this section.
    Subd. 6. Definition. For purposes of this section, "domestic abuse" has the meaning
given in section 518B.01, subdivision 2.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 4. Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
    Subdivision 1. Competency of witnesses. Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:
    (a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.
    (b) An attorney cannot, without the consent of the attorney's client, be examined as
to any communication made by the client to the attorney or the attorney's advice given
thereon in the course of professional duty; nor can any employee of the attorney be
examined as to the communication or advice, without the client's consent.
    (c) A member of the clergy or other minister of any religion shall not, without the
consent of the party making the confession, be allowed to disclose a confession made to
the member of the clergy or other minister in a professional character, in the course of
discipline enjoined by the rules or practice of the religious body to which the member of
the clergy or other minister belongs; nor shall a member of the clergy or other minister of
any religion be examined as to any communication made to the member of the clergy or
other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
given thereon in the course of the member of the clergy's or other minister's professional
character, without the consent of the person.
    (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
consent of the patient, be allowed to disclose any information or any opinion based thereon
which the professional acquired in attending the patient in a professional capacity, and
which was necessary to enable the professional to act in that capacity; after the decease
of the patient, in an action to recover insurance benefits, where the insurance has been
in existence two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this privilege, and no
oral or written waiver of the privilege shall have any binding force or effect except when
made upon the trial or examination where the evidence is offered or received.
    (e) A public officer shall not be allowed to disclose communications made to the
officer in official confidence when the public interest would suffer by the disclosure.
    (f) Persons of unsound mind and persons intoxicated at the time of their production
for examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.
    (g) A registered nurse, psychologist, consulting psychologist, or licensed social
worker engaged in a psychological or social assessment or treatment of an individual
at the individual's request shall not, without the consent of the professional's client, be
allowed to disclose any information or opinion based thereon which the professional has
acquired in attending the client in a professional capacity, and which was necessary to
enable the professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and 626.557.
    (h) An interpreter for a person disabled in communication shall not, without the
consent of the person, be allowed to disclose any communication if the communication
would, if the interpreter were not present, be privileged. For purposes of this section, a
"person disabled in communication" means a person who, because of a hearing, speech
or other communication disorder, or because of the inability to speak or comprehend the
English language, is unable to understand the proceedings in which the person is required
to participate. The presence of an interpreter as an aid to communication does not destroy
an otherwise existing privilege.
    (i) Licensed chemical dependency counselors shall not disclose information or
an opinion based on the information which they acquire from persons consulting them
in their professional capacities, and which was necessary to enable them to act in that
capacity, except that they may do so:
    (1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in clear and
imminent danger to the client or others;
    (2) when the communications reveal the contemplation or ongoing commission
of a crime; or
    (3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.
    (j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living
in the same household. This exception may be waived by express consent to disclosure
by a parent entitled to claim the privilege or by the child who made the communication
or by failure of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one spouse
against the other or by a parent or child against the other, nor to a proceeding to commit
either the child or parent to whom the communication was made or to place the person or
property or either under the control of another because of an alleged mental or physical
condition, nor to a criminal action or proceeding in which the parent is charged with a
crime committed against the person or property of the communicating child, the parent's
spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of a parent
or a child of a parent, nor to an action or proceeding for termination of parental rights,
nor any other action or proceeding on a petition alleging child abuse, child neglect,
abandonment or nonsupport by a parent.
    (k) Sexual assault counselors may not be compelled to testify about allowed to
disclose any opinion or information received from or about the victim without the consent
of the victim. However, a counselor may be compelled to identify or disclose information
in investigations or proceedings related to neglect or termination of parental rights if the
court determines good cause exists. In determining whether to compel disclosure, the
court shall weigh the public interest and need for disclosure against the effect on the
victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing
in this clause exempts sexual assault counselors from compliance with the provisions
of sections 626.556 and 626.557.
    "Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction
of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
or assistance to victims of sexual assault.
    (l) A person cannot be examined as to any communication or document, including
worknotes, made or used in the course of or because of mediation pursuant to an
agreement to mediate. This does not apply to the parties in the dispute in an application
to a court by a party to have a mediated settlement agreement set aside or reformed.
A communication or document otherwise not privileged does not become privileged
because of this paragraph. This paragraph is not intended to limit the privilege accorded
to communication during mediation by the common law.
    (m) A child under ten years of age is a competent witness unless the court finds that
the child lacks the capacity to remember or to relate truthfully facts respecting which the
child is examined. A child describing any act or event may use language appropriate for
a child of that age.
    (n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication
assistant for the purpose of relaying.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 5. Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:
    Subd. 2. Victim's spouse or next of kin immediate family members. An
employer must allow a victim of a heinous violent crime, as well as the victim's spouse or
next of kin immediate family members, reasonable time off from work to attend criminal
proceedings related to the victim's case.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 6. Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
    Subd. 7. Definition. As used in this section, "heinous crime" "violent crime"
means a violation or attempt to violate any of the following: section 609.185 (murder in
the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second
degree); 609.21 (criminal vehicular homicide and injury); 609.221 (assault in the first
degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree);
609.2231 (assault in the fourth degree); 609.2241 (knowing transfer of communicable
disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247
(domestic assault by strangulation); 609.228 (great bodily harm caused by distribution of
drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.2672 (assault of an unborn child in the
third degree); 609.268 (injury or death of an unborn child in commission of a crime);
609.282 (labor trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343
(criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the
third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal
sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson
in the first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in
the first degree; occupied dwelling or involving an assault); or 609.66, subdivision 1e,
paragraph (b), (drive-by shooting; firing at or toward a person, or an occupied building
or motor vehicle).
    (1) a violation or attempted violation of section 609.185 or 609.19;
    (2) a violation of section 609.195 or 609.221; or
    (3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed
with force or violence or if the complainant was a minor at the time of the offense.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 7. [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL
CONDUCT COMPLAINTS; LIMITATIONS.
    Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor
shall require that a complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of or a condition to proceeding with the investigation, charging,
or prosecution of such offense.
    Subd. 2. Law enforcement inquiry. A law enforcement agency or prosecutor may
not ask that a complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of the investigation, charging, or prosecution of such offense unless
the complainant has been referred to, and had the opportunity to exercise the option of
consulting with a sexual assault counselor as defined in section 595.02, subdivision 1,
paragraph (k).
    Subd. 3. Informed consent requirement. At the request of the complainant, a law
enforcement agency may conduct a polygraph examination of the complainant only with
the complainant's written, informed consent as provided in this subdivision.
    Subd. 4. Informed consent. To consent to a polygraph, a complainant must be
informed in writing that:
    (1) the taking of the polygraph examination is voluntary and solely at the victim's
request;
    (2) a law enforcement agency or prosecutor may not ask or require that the
complainant submit to a polygraph examination;
    (3) the results of the examination are not admissible in court; and
    (4) the complainant's refusal to take a polygraph examination may not be used
as a basis by the law enforcement agency or prosecutor not to investigate, charge, or
prosecute the offender.
    Subd. 5. Polygraph refusal. A complainant's refusal to submit to a polygraph
examination shall not prevent the investigation, charging, or prosecution of the offense.
    Subd. 6. Definitions. For the purposes of this section, the following terms have
the meanings given.
    (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3451.
    (b) "Complainant" means a person reporting to have been subjected to criminal
sexual conduct.
    (c) "Polygraph examination" means any mechanical or electrical instrument or
device of any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.
EFFECTIVE DATE.This section is effective July 1, 2008.

    Sec. 8. Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:
    Subdivision 1. Grants authorized. The Crime Victim and Witness Advisory
Council commissioner of public safety shall make grants to prosecutors and victim
assistance programs for the purpose of providing emergency assistance to victims. As
used in this section, "emergency assistance" includes but is not limited to:
    (1) replacement of necessary property that was lost, damaged, or stolen as a result
of the crime;
    (2) purchase and installation of necessary home security devices;
    (3) transportation to locations related to the victim's needs as a victim, such as
medical facilities and facilities of the criminal justice system;
    (4) cleanup of the crime scene; and
    (5) reimbursement for reasonable travel and living expenses the victim incurred to
attend court proceedings that were held at a location other than the place where the crime
occurred due to a change of venue; and
    (6) reimbursement of towing and storage fees incurred due to impoundment of a
recovered stolen vehicle.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 9. Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:
    Subd. 2. Application for grants. (a) A city or county attorney's office or victim
assistance program may apply to the council commissioner of public safety for a grant
for any of the purposes described in subdivision 1 or for any other emergency assistance
purpose approved by the council commissioner. The application must be on forms and
pursuant to procedures developed by the council commissioner. The application must
describe the type or types of intended emergency assistance, estimate the amount of
money required, and include any other information deemed necessary by the council
commissioner.
    (b) A city or county attorney's office or victim assistance program that applies for a
grant for the purpose described in subdivision 1, clause (6), must make the application
on a separate form and pursuant to procedures developed by the commissioner. The
application must estimate the amount of money required for reimbursement costs, estimate
the amount of money required for administrative costs, and include any other information
deemed necessary by the commissioner. An applicant may not spend in any fiscal year
more than five percent of the grant awarded for administrative costs.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 10. Minnesota Statutes 2006, section 611A.675, is amended by adding a
subdivision to read:
    Subd. 2a. Awards; limitations. (a) No award may be granted under subdivision
1, clause (6), to a victim that fails to provide proof of insurance stating that security
had been provided for the vehicle at the time the vehicle was stolen. As used in this
paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision
1, paragraph (g).
    (b) An award paid to a victim under subdivision 1, clause (6), shall compensate the
victim for actual costs incurred but shall not exceed $300.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 11. Minnesota Statutes 2006, section 611A.675, subdivision 3, is amended to read:
    Subd. 3. Reporting by local agencies required. A city or county attorney's office
or victim assistance program that receives a grant under this section shall file an annual
report with the council commissioner of public safety itemizing the expenditures made
during the preceding year, the purpose of those expenditures, and the ultimate disposition,
if any, of each assisted victim's criminal case.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 12. Minnesota Statutes 2006, section 611A.675, subdivision 4, is amended to read:
    Subd. 4. Report to legislature. On or before February 1, 1999, the council shall
report to the chairs of the senate Crime Prevention and house of representatives Judiciary
Committees on the implementation, use, and administration of the grant program created
under this section. By February 1, 2008, the commissioner of public safety shall report to
the chairs and ranking members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding on the implementation, use, and
administration of the grant programs created under this section.
EFFECTIVE DATE.This section is effective July 1, 2007.

ARTICLE 5
COURTS AND PUBLIC DEFENDERS

    Section 1. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
    Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten
judicial districts composed of the following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
    1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 33 36 judges;
and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief judge
of the district;
    2. Ramsey; 26 judges;
    3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in
Faribault, Albert Lea, Austin, Rochester, and Winona;
    4. Hennepin; 60 judges;
    5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
and Mankato;
    6. Carlton, St. Louis, Lake, and Cook; 15 judges;
    7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and Wadena; 27 28 judges; and permanent chambers shall be maintained in Moorhead,
Fergus Falls, Little Falls, and St. Cloud;
    8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
chambers shall be maintained in Morris, Montevideo, and Willmar;
    9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 22 23 judges; and permanent chambers shall be maintained in Crookston,
Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
    10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 43
45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.
EFFECTIVE DATE.This section is effective January 1, 2008.

    Sec. 2. Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
    Subdivision 1. Definitions. As used in this section and section 3.736 the terms
defined in this section have the meanings given them.
    (1) "State" includes each of the departments, boards, agencies, commissions, courts,
and officers in the executive, legislative, and judicial branches of the state of Minnesota
and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
Higher Education, the Higher Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
Range Resources and Rehabilitation Board, the State Agricultural Society, the University
of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
penal institutions. It does not include a city, town, county, school district, or other local
governmental body corporate and politic.
    (2) "Employee of the state" means all present or former officers, members, directors,
or employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or persons acting on behalf of the state
in an official capacity, temporarily or permanently, with or without compensation. It does
not include either an independent contractor except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment, or members of the
Minnesota National Guard while engaged in training or duty under United States Code,
title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district public defender or assistant
district public defender in the Second or Fourth Judicial District and a member of the
Health Technology Advisory Committee.
    (3) "Scope of office or employment" means that the employee was acting on behalf
of the state in the performance of duties or tasks lawfully assigned by competent authority.
    (4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 3. Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
    Subdivision 1. General rule. The state will pay compensation for injury to or loss
of property or personal injury or death caused by an act or omission of an employee of
the state while acting within the scope of office or employment or a peace officer who is
not acting on behalf of a private employer and who is acting in good faith under section
629.40, subdivision 4, under circumstances where the state, if a private person, would be
liable to the claimant, whether arising out of a governmental or proprietary function.
Nothing in this section waives the defense of judicial, quasi-judicial, or legislative
immunity except to the extent provided in subdivision 8.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 4. Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
    Subd. 4. Ranges for other judicial positions. Salaries or salary ranges are provided
for the following positions in the judicial branch of government. The appointing authority
of any position for which a salary range has been provided shall fix the individual salary
within the prescribed range, considering the qualifications and overall performance of the
employee. The Supreme Court shall set the salary of the state court administrator and the
salaries of district court administrators. The salary of the state court administrator or a
district court administrator may not exceed the salary of a district court judge. If district
court administrators die, the amounts of their unpaid salaries for the months in which
their deaths occur must be paid to their estates. The salary of the state public defender
shall be fixed by the State Board of Public Defense but must not exceed the salary of a
district court judge.

Salary or Range

Effective

July 1, 1994



Board on Judicial
Standards executive
director
$44,000-60,000
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 5. Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
    Subd. 6. Termination of jurisdiction. The court may dismiss the petition or
otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
interested party at any time. Unless terminated by the court, and except as otherwise
provided in this subdivision, the jurisdiction of the court shall continue until the individual
becomes 19 years of age if the court determines it is in the best interest of the individual
to do so. Court jurisdiction under section 260C.007, subdivision 6, clause (14), may
not continue past the child's 18th birthday.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 6. Minnesota Statutes 2006, section 302A.781, is amended by adding a
subdivision to read:
    Subd. 5. Other claims preserved. In addition to the claims in subdivision 4, all
other statutory and common law rights of persons who may bring claims of injury to a
person, including death, are not affected by dissolution under this chapter.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 7. Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
    Subdivision 1. Coverage. (a) Employees enumerated in paragraph (c), clauses (2),
(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan
Council and are eligible for coverage under the general state employees retirement plan
under chapter 352, are participants in the unclassified plan under this chapter unless the
employee gives notice to the executive director of the Minnesota State Retirement System
within one year following the commencement of employment in the unclassified service
that the employee desires coverage under the general state employees retirement plan.
For the purposes of this chapter, an employee who does not file notice with the executive
director is deemed to have exercised the option to participate in the unclassified plan.
    (b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement
plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
program under this chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.
    (c) Enumerated employees and referenced persons are:
    (1) the governor, the lieutenant governor, the secretary of state, the state auditor,
and the attorney general;
    (2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;
    (3) an employee of the State Board of Investment;
    (4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
    (5) a member of the legislature;
    (6) a full-time unclassified employee of the legislature or a commission or agency of
the legislature who is appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible for coverage
under the Minnesota State Retirement System;
    (7) a person who is employed in a position established under section 43A.08,
subdivision 1
, clause (3), or in a position authorized under a statute creating or establishing
a department or agency of the state, which is at the deputy or assistant head of department
or agency or director level;
    (8) the regional administrator, or executive director of the Metropolitan Council,
general counsel, division directors, operations managers, and other positions as designated
by the council, all of which may not exceed 27 positions at the council and the chair;
    (9) the executive director, associate executive director, and not to exceed nine
positions of the Minnesota Office of Higher Education in the unclassified service, as
designated by the Minnesota Office of Higher Education before January 1, 1992, or
subsequently redesignated with the approval of the board of directors of the Minnesota
State Retirement System, unless the person has elected coverage by the individual
retirement account plan under chapter 354B;
    (10) the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesota, the state court administrator and judicial district
administrators;
    (11) the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;
    (12) an employee whose principal employment is at the state ceremonial house;
    (13) an employee of the Minnesota Educational Computing Corporation;
    (14) an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3; and
    (15) a judge who has exceeded the service credit limit in section 490.121,
subdivision 22
.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 8. [357.42] DRUG COURT FEES.
    (a) When a court establishes a drug court process, the court may establish one or
more fees for services provided to defendants participating in the process.
    (b) In each fiscal year, the court shall deposit the drug court participation fees in
the special revenue fund and credit the fees to a separate account for the trial courts.
The balance in this account is appropriated to the trial courts and does not cancel but is
available until expended. Expenditures from this account must be made for drug court
purposes.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 9. Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
    Subd. 2. Expense payments. A judge shall be paid travel and subsistence expenses
for travel from the judge's place of residence to and from the judge's permanent chambers
only for a period of two years after July 1, 1977, or the date the judge initially assumes
office, whichever is later as provided by Judicial Council policy.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 10. Minnesota Statutes 2006, section 484.83, is amended to read:
484.83 REINSTATEMENT OF FORFEITED SUMS.
    Subdivision 1. Abandonment of fees. All sums deposited with the court
administrator to cover fees shall be deemed abandoned if the fees are not disbursed or
the services covered by the fees are not performed and the person entitled to refund of
the fees does not file a written demand for refund with the court administrator within
six months from the date of trial, dismissal, or striking of the cause as to jury fees and
from the date of deposit as to other fees.
    Subd. 2. Bail forfeitures. Any bail not forfeited by court order shall be deemed
abandoned and forfeited if the person entitled to refund does not file a written demand
for refund with the court administrator within six months from the date when the person
became entitled to the refund.
    Subd. 3. Reinstated forfeited sums. A district court judge may order any sums
forfeited to be reinstated and the commissioner of finance shall then refund accordingly.
The commissioner of finance shall reimburse the court administrator if the court
administrator refunds the deposit upon a judge's order and obtains a receipt to be used
as a voucher.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 11. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
    Subdivision 1. Abandonment of deposits and bail. (a) Any bail deposited with the
court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
court order shall be deemed abandoned and forfeited if the person entitled to refund does
not file a written demand for refund with the court administrator within six months from
the date when the person became entitled to the refund.
    (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
for cause and the court administrator shall then refund accordingly. The receipting
municipality or subdivision of government shall reimburse the court administrator if the
court administrator refunds the deposit upon such an order and obtains a receipt to be
used as a voucher.
    Subd. 2. Disposition of forfeited sums. All sums collected on any bail, bond, or
recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
support of the law library of the county. The receipt of the county treasurer to the court
administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
during any calendar year equal $2,500, all sums in excess of that amount shall be paid
to the municipality or subdivision of government in which the violation occurred. The
payments shall be made periodically but not before six months from the date of the order
for forfeiture. During that six-month period, but not thereafter, any judge may set aside
the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
forfeited exists unless the forfeiture is not set aside within the six-month period. For the
purpose of determining when the $2,500 shall have accrued to the county law library, the
final forfeiture shall be deemed to occur at the end of the six-month period.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 12. Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
    Subdivision 1. Summons and writ. (a) The state court administrator shall develop a
uniform form for the summons and writ of recovery of premises and order to vacate
may be substantially in the forms in paragraphs (b) and (c).
    (b)
FORM OF SUMMONS

State of Minnesota )

)
ss.

County of ..... )
    Whereas, ..............., of ..........., has filed with the undersigned, a judge of county
stated, a complaint against ..............., of .........., a copy of which is attached: You
are hereby summoned to appear before the undersigned on the .......... day of ..........,
year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint
and to further be dealt with according to law.

Dated at ........, this ........ day of ........, year ......

..... ,

Judge of ..... court.
    (c)
FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE

State of Minnesota )

)
ss.

County of ..... )
    The State of Minnesota, to the Sheriff of the County:
    Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held
at ..............., in the county of ....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a judgment against ...............,
the ..............., to have recovery of the following premises (describe here the property
as in the complaint): ..................
    Therefore, you are commanded that, taking with you the force of the county, if
necessary, you cause ................. to be immediately removed from the premises, and the
plaintiff to recover the premises. You are also commanded that from the personal property
of ........................ within the county that you seize and sell, the plaintiff be paid ............ .
dollars, as the costs assessed against the defendant, together with 25 cents for this writ.
You are ordered to return this writ within 30 days.

Dated at ....., this ..... day of ....., year ....

..... ,

Judge of ..... court.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 13. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
    Subdivision 1. Permissive appointment of guardian ad litem. In all proceedings
for child custody or for dissolution or legal separation where custody or parenting time
with a minor child is in issue, the court may appoint a guardian ad litem from a panel
established by the court to represent the interests of the child. The guardian ad litem shall
advise the court with respect to custody, support, and parenting time.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 14. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
    Subd. 2. Required appointment of guardian ad litem. In all proceedings for child
custody or for marriage dissolution or legal separation in which custody or parenting time
with a minor child is an issue, if the court has reason to believe that the minor child is a
victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian
ad litem shall represent the interests of the child and advise the court with respect to
custody, support, and parenting time. If the child is represented by a guardian ad litem in
any other pending proceeding, the court may appoint that guardian to represent the child
in the custody or parenting time proceeding. No guardian ad litem need be appointed if
the alleged domestic child abuse or neglect is before the court on a juvenile dependency
and neglect petition. Nothing in this subdivision requires the court to appoint a guardian
ad litem in any proceeding for child custody, marriage dissolution, or legal separation in
which an allegation of domestic child abuse or neglect has not been made.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 15. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
    Subd. 3. Income cap on determining basic support. (a) The basic support
obligation for parents with a combined parental income for determining child support in
excess of the income limit currently in effect under subdivision 2 must be the same dollar
amount as provided for the parties with a combined parental income for determining child
support equal to the income in effect limit under subdivision 2.
    (b) A court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability
or other substantial, demonstrated need for the additional support for those reasons set
forth in section 518A.43 and that the additional support will directly benefit the child.
    (c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court must
select the index for the adjustment from the indices listed in section 518A.75, subdivision
1. The state court administrator must make the changes in the dollar amounts required
by this paragraph available to courts and the public on or before April 30 of the year in
which the amount is to change.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 16. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
to read:
    Subd. 7a. Copy costs. The court administrator shall provide a person who is
proceeding in forma pauperis with a copy of the person's court file without charge.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 17. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
    Subd. 8. Fine and surcharge collection. (a) A defendant's obligation to pay
court-ordered fines, surcharges, court costs, restitution, and fees shall survive for a period
of six years from the date of the expiration of the defendant's stayed sentence for the
offense for which the fines, surcharges, court costs, restitution, and fees were imposed, or
six years from the imposition or due date of the fines, surcharges, court costs, restitution,
and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's
stay of sentence imposition or execution.
    (b) The six-year period relating to a defendant's obligation to pay restitution under
paragraph (a) does not limit the victim's right to collect restitution through other means
such as a civil judgment.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 18. Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to
read:


Sec. 4.DISTRICT COURTS
$
118,470,000
$
128,842,000
Carlton County Extraordinary Expenses.
$300,000 the first year is to reimburse
Carlton county for extraordinary expenses
related to homicide trials. This is a onetime
appropriation.
New Judge Units. $774,000 the first year
and $1,504,000 the second year are for an
increase in judgeship units, including one
trial court judge unit beginning October 1,
2001, in the tenth judicial district, one trial
court judge unit beginning April 1, 2002, in
the third judicial district, one trial court judge
unit beginning July 1, 2002, in the tenth
judicial district, one trial court judge unit
beginning January 1, 2003, in the seventh
judicial district, and one trial court judge
unit beginning January 1, 2003, in the first
judicial district. Each judge unit consists of a
judge, law clerk, and court reporter.
Alternative Dispute Resolution Programs.
A portion of this appropriation may be
used for the alternative dispute resolution
programs authorized by article 5, section 18.
Supplemental Funding for Certain
Mandated Costs. $4,533,000 the first
year and $6,032,000 the second year are to
supplement funding for guardians ad litem,
interpreters, rule 20 and civil commitment
examinations, and in forma pauperis costs in
the fifth, seventh, eighth, and ninth judicial
districts.
Trial Court Infrastructure Staff. $684,000
the first year and $925,000 the second year
are for infrastructure staff.
Court Effectiveness Initiatives;
Community Courts and Screener
Collectors. $835,000 the first year and
$765,000 the second year are for court
effectiveness initiatives. Of this amount,
$125,000 each year is for continued funding
of the community court in the fourth judicial
district and $125,000 each year is for
continued funding of the community court
in the second judicial district. These are
onetime appropriations.
The second judicial district and fourth
judicial district shall each report quarterly to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over criminal justice funding on:
(1) how money appropriated for this initiative
was spent; and
(2) the cooperation of other criminal justice
agencies and county units of government in
the community courts' efforts.
The first report is due on October 1, 2001.
None of this appropriation may be used
for the purpose of complying with these
reporting requirements.
Of this amount, $585,000 the first year and
$515,000 the second year are for screener
collector programs.
The fifth, seventh, and ninth judicial district
courts shall implement screener collector
programs to enhance the collection of
overdue fine revenue by at least ten percent in
each location serviced by a screener collector.
By August 15, 2002, and annually thereafter,
the state court administrator shall report to
the chairs and ranking minority members
of the house of representatives and senate
committees with jurisdiction over criminal
justice policy and funding issues on the total
amount of fines collected, the amount of
overdue fines collected for the two preceding
fiscal years, and the expenditures associated
with the screener collector program.
Ninth District County and Support Pilot
Projects. Up to $99,000 each year may
be used for the ninth judicial district to
implement the pilot projects on the six-month
review of child custody, parenting time, and
support orders, and on the accounting for
child support by obligees.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 19. Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to
read:


Sec. 2.SUPREME COURT
$
38,806,000
$
36,439,000
Report on Court Fees. The state court
administrator shall review and report back
on the financial consequences of policy
changes made in the following areas: (1)
criminal and traffic offender surcharges; (2)
public defender co-pays; and (3) the use
of revenue recapture to collect the public
defender co-pay. The report shall also list
the local governmental units that employ
administrative procedures to collect fines
for ordinance violations. The state court
administrator must submit the report to the
chairs and ranking minority members on the
committees that have jurisdiction over court
funding by January 15 of each year.
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
Legal Services to Low-Income Clients in
Family Law Matters. Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
Of this appropriation, $355,000 in fiscal
year 2005 is for the implementation of
the Minnesota Child Support Act and is
contingent upon its enactment. This is a
onetime appropriation.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 20. PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
    The State Board of Public Defense and the Hennepin County Board of
Commissioners shall jointly prepare a report to the legislature on the history of the
funding of the public defender's office in the Fourth Judicial District provided by the state
and Hennepin County. The report must compare the costs and services provided by the
Fourth Judicial District Public Defender's Office to the costs and services provided by the
state Board of Public Defense in all other public defender district offices. The report must
detail the amount of funding provided by Hennepin County to the Fourth Judicial District
Public Defender's Office and the amount necessary for the state to assume the full costs of
the public defender duties in the Fourth Judicial District as in the other judicial districts
throughout the state. The report must also recommend specific legislation that would
provide for an appropriate resolution of the state and local funding of the Fourth Judicial
District Public Defender's Office. The report must be completed by October 1, 2007, and
be submitted to the commissioner of finance, the chairs and ranking minority members of
the senate and house committees and divisions with jurisdiction over finance, judiciary,
judiciary finance, and public safety finance, and the house Ways and Means Committee.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 21. REPEALER.
Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; and 611.20,
subdivision 5, are repealed.
EFFECTIVE DATE.This section is effective July 1, 2007.

ARTICLE 6
CORRECTIONS

    Section 1. Minnesota Statutes 2006, section 16A.72, is amended to read:
16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
    All income, including fees or receipts of any nature, shall be credited to the general
fund, except:
    (1) federal aid;
    (2) contributions, or reimbursements received for any account of any division or
department for which an appropriation is made by law;
    (3) income to the University of Minnesota;
    (4) income to revolving funds now established in institutions under the control of the
commissioners of corrections or human services;
    (5) investment earnings resulting from the master lease program, except that the
amount credited to another fund or account may not exceed the amount of the additional
expense incurred by that fund or account through participation in the master lease program;
    (6) investment earnings resulting from any gift, donation, devise, endowment, trust,
or court ordered or approved escrow account or trust fund, which should be credited to the
fund or account and appropriated for the purpose for which it was received;
    (7) receipts from the operation of patients' and inmates' stores and patients' vending
machines, which shall be deposited in the social welfare fund, or in the case of prison
industries in the correctional revolving fund, in each institution for the benefit of the
patients and inmates;
    (8) money received in payment for services of inmate labor employed in the
industries carried on in the state correctional facilities which receipts shall be credited to
the current expense fund of those facilities income to prison industries which shall be
credited to the correctional industries revolving fund;
    (9) as provided in sections 16B.57 and 85.22;
    (10) income to the Minnesota Historical Society;
    (11) the percent of income collected by a private collection agency and retained by
the collection agency as its collection fee; or
    (12) as otherwise provided by law.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 2. Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:
    Subd. 2. Public entities; purchases from corrections industries. (a) The
commissioner of corrections, in consultation with the commissioner of administration,
shall prepare updated lists of the items available for purchase from Department of
Corrections industries and annually forward a copy of the most recent list to all public
entities within the state. A public entity that is supported in whole or in part with funds
from the state treasury may purchase items directly from corrections industries. The bid
solicitation process is not required for these purchases.
    (b) The commissioner of administration shall develop a contract or contracts
to enable public entities to purchase items directly from corrections industries. The
commissioner of administration, in consultation with the commissioner of corrections,
shall determine the fair market price for listed items. The commissioner of administration
shall require that all requests for bids or proposals, for items provided by corrections
industries, be forwarded to the commissioner of corrections to enable corrections industries
to submit bids. The commissioner of corrections shall consult with the commissioner of
administration prior to introducing new products to the state agency market.
    (c) No public entity may evade the intent of this section by adopting slight variations
in specifications, when Minnesota corrections industry items meet the reasonable needs
and specifications of the public entity.
    (d) The commissioners of administration and corrections shall develop annual
performance measures outlining goals to maximize inmate work program participation.
The commissioners of administration and corrections shall appoint cochairs for a task
force whose purpose is to determine additional methods to achieve the performance
goals for public entity purchasing. The task force shall include representatives from the
Minnesota House of Representatives, Minnesota Senate, the Minnesota State Colleges and
Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association
of Counties, and administrators with purchasing responsibilities from the Minnesota state
Departments of Corrections, Public Safety, Finance, Transportation, Natural Resources,
Human Services, Health, and Employment and Economic Development. Notwithstanding
section 15.059, the task force created in this paragraph expires on June 30, 2003.
    (e) If performance goals for public entity purchasing are not achieved in two
consecutive fiscal years, public entities shall purchase items available from corrections
industries. The commissioner of administration shall be responsible for notifying public
entities of this requirement.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 3. Minnesota Statutes 2006, section 16C.23, subdivision 2, is amended to read:
    Subd. 2. Surplus property. "Surplus property" means state or federal commodities,
equipment, materials, supplies, books, printed matter, buildings, and other personal or real
property that is obsolete, unused, not needed for a public purpose, or ineffective for current
use. Surplus property does not include products manufactured by or held in inventory by
prison industries for sale to the general public in the normal course of its business.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 4. Minnesota Statutes 2006, section 241.016, subdivision 1, is amended to read:
    Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal justice funding by January
15, 2005, and every other year thereafter. The issuance and content of the report must
include the following:
    (1) department strategic mission, goals, and objectives;
    (2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures;
    (3) department annual statistics as outlined in the departmental policies and
procedures; and
    (4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion rates.
    (b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). When appropriate, The recidivism analysis must include: (1) assess education
programs, vocational programs, treatment programs, including mental health programs,
industry, and employment; and (2) assess statewide re-entry policies and funding,
including postrelease treatment, education, training, and supervision. In addition, when
reporting recidivism for the department's adult and juvenile facilities, the department shall
report on the extent to which offenders it has assessed as chemically dependent commit
new offenses, with separate recidivism rates reported for persons completing and not
completing the department's treatment programs.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 5. Minnesota Statutes 2006, section 241.018, is amended to read:
241.018 PER DIEM CALCULATION.
    Subdivision 1. State correctional facilities. (a) The commissioner of corrections
shall develop a uniform method to calculate the average department-wide per diem cost
of incarcerating offenders at state adult correctional facilities. In addition to other costs
currently factored into the per diem, it must include an appropriate percentage of capitol
costs for all adult correctional facilities and 65 percent of the department's management
services budget.
    (b) The commissioner also shall use this method of calculating per diem costs
for offenders in each state adult correctional facility. When calculating the per diem
cost of incarcerating offenders at a particular facility, the commissioner shall include
an appropriate percentage of capital costs for the facility and an appropriate prorated
amount, given the facility's population, of 65 percent of the department's management
services budget.
    (c) The commissioner shall ensure that these new per diem methods are used in
all future annual performance reports to the legislature and are also reflected in the
department's biennial budget document.
    Subd. 2. Local correctional facilities. (a) The commissioner of corrections shall
develop a uniform method to calculate the average per diem cost of incarcerating offenders
in county and regional jail facilities licensed by the commissioner under section 241.021,
subdivision 1, paragraph (a).
    (b) Each county and regional jail in the state must annually provide the commissioner
with a per diem calculation based on the formula the commissioner promulgates pursuant
to paragraph (a).
    (c) The commissioner shall include the county and regional jail per diem data
collected under paragraph (b) in the Department of Correction's annual performance report
to the legislature mandated by section 241.016.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 6. Minnesota Statutes 2006, section 241.27, subdivision 1, is amended to read:
    Subdivision 1. Establishment of Minnesota correctional industries; MINNCOR
industries. For the purpose of providing adequate, regular and suitable employment,
vocational educational training, and to aid the inmates of state correctional facilities,
the commissioner of corrections may establish, equip, maintain and operate at any
correctional facility under the commissioner's control such industrial and commercial
activities as may be deemed necessary and suitable to the profitable employment,
vocational educational training and development of proper work habits of the inmates of
state correctional facilities. The industrial and commercial activities authorized by this
section are designated MINNCOR industries and shall be for the primary purpose of
sustaining and ensuring MINNCOR industries' self-sufficiency, providing vocational
educational training, meaningful employment and the teaching of proper work habits to
the inmates of correctional facilities under the control of the commissioner of corrections,
and not solely as competitive business ventures. The net profits from these activities shall
be used for the benefit of the inmates as it relates to education, self-sufficiency skills, and
transition services and not to fund non-inmate-related activities or mandates. Prior to the
establishment of any industrial and commercial activity, the commissioner of corrections
may consult with representatives of business, industry, organized labor, the state
Department of Education, the state Apprenticeship Council, the state Department of Labor
and Industry, the Department of Employment Security, the Department of Administration,
and such other persons and bodies as the commissioner may feel are qualified to determine
the quantity and nature of the goods, wares, merchandise and services to be made or
provided, and the types of processes to be used in their manufacture, processing, repair,
and production consistent with the greatest opportunity for the reform and vocational
educational training of the inmates, and with the best interests of the state, business,
industry and labor.
    The commissioner of corrections shall, at all times in the conduct of any industrial
or commercial activity authorized by this section, utilize inmate labor to the greatest
extent feasible, provided, however, that the commissioner may employ all administrative,
supervisory and other skilled workers necessary to the proper instruction of the inmates
and the profitable and efficient operation of the industrial and commercial activities
authorized by this section.
    Additionally, the commissioner of corrections may authorize the director of any
correctional facility under the commissioner's control to accept work projects from outside
sources for processing, fabrication or repair, provided that preference shall be given to the
performance of such work projects for state departments and agencies.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 7. Minnesota Statutes 2006, section 241.27, subdivision 2, is amended to read:
    Subd. 2. Revolving fund; use of fund. There is established in the Department
of Corrections under the control of the commissioner of corrections the Minnesota
correctional industries revolving fund to which shall be transferred the revolving funds
authorized in Minnesota Statutes 1978, sections 243.41 and 243.85, clause (f), and any
other industrial revolving funds heretofore established at any state correctional facility
under the control of the commissioner of corrections. The revolving fund established
shall be used for the conduct of the industrial and commercial activities now or hereafter
established at any state correctional facility, including but not limited to the purchase of
equipment, raw materials, the payment of salaries, wages and other expenses necessary and
incident thereto. The purchase of services, materials, and commodities used in and held
for resale are not subject to the competitive bidding procedures of section 16C.06, but are
subject to all other provisions of chapters 16B and 16C. When practical, purchases must be
made from small targeted group businesses designated under section 16C.16. Additionally,
the expenses of inmate vocational educational training, self-sufficiency skills, transition
services, and the inmate release fund may be financed from the correctional industries
revolving fund in an amount to be determined by the commissioner or the MINNCOR
chief executive officer as duly appointed by the commissioner. The proceeds and income
from all industrial and commercial activities conducted at state correctional facilities
shall be deposited in the correctional industries revolving fund subject to disbursement
as hereinabove provided. The commissioner of corrections may request that money in
the fund be invested pursuant to section 11A.25; the proceeds from the investment not
currently needed shall be accounted for separately and credited to the fund.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 8. Minnesota Statutes 2006, section 241.27, subdivision 3, is amended to read:
    Subd. 3. Disbursement from fund. The correctional industries revolving fund
shall be deposited in the state treasury and paid out only on proper vouchers as may be
authorized and approved by the commissioner of corrections, and in the same manner and
under the same restrictions as are now provided by law for the disbursement of funds by
the commissioner. An amount deposited in the state treasury equal to six months of net
operating cash as determined by the prior 12 months of revenue and cash flow statements,
shall be restricted for use only by correctional industries as described under subdivision
2. For purposes of this subdivision, "net operating cash" means net income minus sales
plus cost of goods sold. Cost of goods sold include all direct costs of correctional industry
products attributable to their production. The commissioner of corrections is authorized
to keep and maintain at any correctional facility under the commissioner's control a
contingent fund, as provided in section 241.13; but the contingent fund shall at all times
be covered and protected by a proper and sufficient bond to be duly approved as by law
now provided.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 9. Minnesota Statutes 2006, section 241.27, subdivision 4, is amended to read:
    Subd. 4. Revolving fund; borrowing. The commissioner of corrections is
authorized, when in the commissioner's judgment it becomes necessary in order to meet
current demands on the correctional industries revolving fund, to borrow sums of money
as may be necessary. The sums so borrowed shall not exceed, in any one year, 50 percent
of the total of the net worth of correctional industries six months of net operating cash as
determined by the previous 12 months of the correctional industries' revenue and cash
flow statements.
    When the commissioner of corrections shall certify to the commissioner of finance
that, in the commissioner's judgment, it is necessary to borrow a specified sum of money
in order to meet the current demands on the correctional industries revolving fund, and the
commissioner of finance may, in the commissioner's discretion, transfer and credit to the
correctional industries revolving fund, from any moneys in the state treasury not required
for immediate disbursement, the whole or such part of the amount so certified as they
deem advisable, which sum so transferred shall be repaid by the commissioner from the
revolving fund to the fund from which transferred, at such time as shall be specified by the
commissioner of finance, together with interest thereon at such rate as shall be specified
by the commissioner of finance, not exceeding four percent per annum. When any transfer
shall so have been made to the correctional industries revolving fund, the commissioner
of finance shall notify the commissioner of corrections of the amount so transferred to
the credit of the correctional industries revolving fund, the date when the same is to be
repaid, and the rate of interest so to be paid.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 10. Minnesota Statutes 2006, section 241.278, is amended to read:
241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY
JAIL INMATES.
    The commissioner of corrections, in the interest of inmate rehabilitation or to
promote programs under section 241.275, subdivision 2, may enter into interagency
agreements with state, county, or municipal agencies, or contract with nonprofit agencies
to manage, fund, or partially fund the cost of programs that use state or county jail
inmates as a work force. The commissioner is authorized to receive funds via these
agreements and these funds are appropriated to the commissioner for community service
programming or when prison industries are party to the agreement, shall be deposited in
the Minnesota correctional industries revolving fund for use as described under section
241.27, subdivision 2.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 11. Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:
    Subd. 3. Transfer. If the licensed mental health professional finds the person to be a
person who is mentally ill and in need of short-term care, the examining licensed mental
health care professional may recommend transfer by the commissioner of corrections to
the mental health unit established pursuant to subdivision 1.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 12. Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
    Subd. 4. Commitment. If the examining health care professional or licensed
mental health professional finds the person to be a person who is mentally ill and in need
of long-term care in a hospital, or if an inmate transferred pursuant to subdivision 3
refuses to voluntarily participate in the treatment program at the mental health unit, the
director of psychological services of the institution or the mental health professional shall
initiate proceedings for judicial commitment as provided in section 253B.07. Upon the
recommendation of the licensed mental health professional and upon completion of the
hearing and consideration of the record, the court may commit the person to the mental
health unit established in subdivision 1 or to another hospital. A person confined in a state
correctional institution for adults who has been adjudicated to be a person who is mentally
ill and in need of treatment may be committed to the commissioner of corrections and
placed in the mental health unit established in subdivision 1.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 13. Minnesota Statutes 2006, section 268.19, subdivision 1, is amended to read:
    Subdivision 1. Use of data. (a) Except as otherwise provided by this section, data
gathered from any person pursuant to the administration of the Minnesota Unemployment
Insurance Law are private data on individuals or nonpublic data not on individuals as
defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except pursuant
to a district court order or section 13.05. A subpoena shall not be considered a district
court order. These data may be disseminated to and used by the following agencies
without the consent of the subject of the data:
    (1) state and federal agencies specifically authorized access to the data by state
or federal law;
    (2) any agency of any other state or any federal agency charged with the
administration of an unemployment insurance program;
    (3) any agency responsible for the maintenance of a system of public employment
offices for the purpose of assisting individuals in obtaining employment;
    (4) human rights agencies within Minnesota that have enforcement powers;
    (5) the Department of Revenue only to the extent necessary for its duties under
Minnesota laws;
    (6) public and private agencies responsible for administering publicly financed
assistance programs for the purpose of monitoring the eligibility of the program's
recipients;
    (7) the Department of Labor and Industry and the Division of Insurance Fraud
Prevention in the Department of Commerce on an interchangeable basis with the
department for uses consistent with the administration of their duties under Minnesota law;
    (8) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of food stamps or food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
    (9) local and state welfare agencies for the purpose of identifying employment,
wages, and other information to assist in the collection of an overpayment debt in an
assistance program;
    (10) local, state, and federal law enforcement agencies for the sole purpose of
ascertaining the last known address and employment location of a person who is the
subject of a criminal investigation;
    (11) the federal Immigration and Naturalization Service shall have access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency; and
    (12) the Department of Health solely for the purposes of epidemiologic
investigations; and
    (13) the Department of Corrections for the purpose of postconfinement employment
tracking.
    (b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation pursuant to section 268.182 are confidential as to data on
individuals and protected nonpublic data not on individuals as defined in section 13.02,
subdivisions 3 and 13
, and must not be disclosed except pursuant to statute or district
court order or to a party named in a criminal proceeding, administrative or judicial, for
preparation of a defense.
    (c) Data gathered by the department pursuant to the administration of the Minnesota
unemployment insurance program must not be made the subject or the basis for any
suit in any civil proceedings, administrative or judicial, unless the action is initiated by
the department.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 14. Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:
    Subd. 6. Rules and regulations. The county may promulgate rules and regulations
for the proper operation and maintenance of each facility and the proper care and discipline
of inmates detained in the facility. These rules and regulations may, among other things,
provide for the diminution of sentences of inmates for good behavior, but in no event to
exceed a total of five days for each 30 day sentence in accordance with section 643.29.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 15. Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:
    Subd. 7. Confinement of inmates from other counties. The county may accept
an inmate for confinement at a county correction facility when the inmate is committed
to the facility by order of a judge of a municipality or county outside Ramsey County if
the county is paid the amount of compensation for board, confinement, and maintenance
of the inmate that it determines. No compensation of this kind may be in an amount less
than the actual per diem cost per person confined. A county outside Ramsey County or
a municipality outside Ramsey County may enter into and agree with Ramsey County
for the incarceration of prisoners.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 16. Minnesota Statutes 2006, section 401.15, subdivision 1, is amended to read:
    Subdivision 1. Certified statements; determinations; adjustments. On or before
Within 60 days of the end of each calendar quarter, participating counties which have
received the payments authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs incurred in furnishing the
correctional services provided in sections 401.01 to 401.16. Upon receipt of certified
statements, the commissioner shall, in the manner provided in sections 401.10 and
401.12, determine the amount each participating county is entitled to receive, making any
adjustments necessary to rectify any disparity between the amounts received pursuant to
the estimate provided in section 401.14 and the amounts actually expended. If the amount
received pursuant to the estimate is greater than the amount actually expended during the
quarter, the commissioner may withhold the difference from any subsequent monthly
payments made pursuant to section 401.14. Upon certification by the commissioner of
the amount a participating county is entitled to receive under the provisions of section
401.14 or of this subdivision the commissioner of finance shall thereupon issue a state
warrant to the chief fiscal officer of each participating county for the amount due together
with a copy of the certificate prepared by the commissioner.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 17. Minnesota Statutes 2006, section 641.15, is amended by adding a subdivision
to read:
    Subd. 3a. Intake procedure; approved mental health screening. As part of its
intake procedure for new prisoners, the sheriff or local corrections shall use a mental
health screening tool approved by the commissioner of corrections in consultation with
the commissioner of human services and local corrections staff to identify persons who
may have mental illness.
EFFECTIVE DATE.This section is effective August 1, 2007.

    Sec. 18. Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
    Subd. 2. Withdrawal. A county board may withdraw from cooperation in a regional
jail system if the county boards of all of the other cooperating counties decide, by majority
vote, to allow the withdrawal in accordance with the terms of a joint powers agreement.
With the approval of the county board of each cooperating county, the regional jail board
shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital
cost, debt service, or lease rental payments made by the county prior to withdrawal, in
excess of its proportionate share of benefits from the regional jail prior to withdrawal, and
the time and manner of making the payments. The payments shall be deemed additional
payments of capital cost, debt service, or lease rentals to be made proportionately by the
remaining counties and, when received, shall be deposited in and paid from the regional
jail fund; provided that:
    (a) (1) payments shall not be made from any amounts in the regional jail fund
which are needed for maintenance and operation expenses or lease rentals currently due
and payable; and
    (b) (2) the withdrawing county shall remain obligated for the payment of its
proportionate share of any lease rentals due and payable after its withdrawal, in the
event and up to the amount of any lease payment not made when due by one or more of
the other cooperating counties.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 19. DISCIPLINARY CONFINEMENT; PROTOCOL.
    The commissioner of corrections shall develop a protocol that is fair, firm, and
consistent so that inmates have an opportunity to be released from disciplinary confinement
in a timely manner. For those inmates in disciplinary confinement who are nearing the
inmate's release date, the commissioner of corrections shall develop a reentry plan.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 20. REPEALER.
Minnesota Statutes 2006, sections 241.021, subdivision 5; 241.85, subdivision 2;
and 242.193, subdivision 2, are repealed.
EFFECTIVE DATE.This section is effective July 1, 2007.

ARTICLE 7
PUBLIC SAFETY

    Section 1. Minnesota Statutes 2006, section 13.82, subdivision 27, is amended to read:
    Subd. 27. Pawnshop and scrap metal dealer data. Data that would reveal the
identity of persons who are customers of a licensed pawnbroker or, secondhand goods
dealer, or a scrap metal dealer are private data on individuals. Data describing the property
in a regulated transaction with a licensed pawnbroker or, secondhand goods dealer, or
a scrap metal dealer are public.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 2. Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
    Subdivision 1. Definition. As used in this section, "crime against the person" means
a violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1;
609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section
609.229; 609.377; 609.749; or 624.713.
EFFECTIVE DATE.This section is effective the day following final enactment,
and applies retroactively to crimes committed on or after August 1, 2005.

    Sec. 3. Minnesota Statutes 2006, section 297I.06, subdivision 3, is amended to read:
    Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
be known as the fire safety account, is created in the state treasury. The account consists of
the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008 and $2,268,000 in
each year thereafter is transferred from the fire safety account in the special revenue fund
to the general fund to offset the loss of revenue caused by the repeal of the one-half of one
percent tax on fire insurance premiums. The general fund base appropriation for the fire
marshal program is reduced by $2,832,000 in fiscal year 2008 and each year thereafter.
The base funding for the fire marshal program from the fire safety account in the special
revenue fund shall be $2,832,000 in fiscal year 2008 and each year thereafter.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 4. Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
    Subd. 2. Membership. The oversight council shall consist of the following
individuals or their designees:
    (1) the director of the office of special investigations as the representative of the
commissioner of corrections;
    (2) the superintendent of the Bureau of Criminal Apprehension as the representative
of the commissioner of public safety;
    (3) the attorney general;
    (4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association,
two of which must be selected from cities with populations greater than 200,000;
    (5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each
district, two of which must be selected from counties with populations greater than
500,000;
    (6) the United States attorney for the district of Minnesota;
    (7) two county attorneys, selected by the Minnesota County Attorneys Association;
    (8) a command-level representative of a gang strike force;
    (9) a representative from a drug task force, selected by the Minnesota State
Association of Narcotics Investigators;
    (10) a representative from the United States Drug Enforcement Administration;
    (11) a representative from the United States Bureau of Alcohol, Tobacco, and
Firearms;
    (12) a representative from the Federal Bureau of Investigation;
    (13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement
Association; and
    (14) two additional members who may be selected by the oversight council;
    (15) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
    (16) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house of representatives.
The oversight council may adopt procedures to govern its conduct as necessary and may
select a chair from among its members. The legislative members of the council may not
vote on matters before the council.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 5. Minnesota Statutes 2006, section 299A.681, subdivision 2, is amended to read:
    Subd. 2. Membership. The oversight council consists of the following individuals,
or their designees:
    (1) the commissioner of public safety;
    (2) the attorney general;
    (3) two chiefs of police, selected by the Minnesota Chiefs of Police Association
from police departments that participate in the Minnesota Financial Crimes Task Force;
    (4) two sheriffs, selected by the Minnesota Sheriffs Association from sheriff
departments that participate in the task force;
    (5) the United States attorney for the district of Minnesota;
    (6) a county attorney, selected by the Minnesota County Attorneys Association;
    (7) a representative from the United States Postal Inspector's Office, selected by the
oversight council;
    (8) a representative from a not-for-profit retail merchants industry, selected by the
oversight council;
    (9) a representative from a not-for-profit banking and credit union industry, selected
by the oversight council;
    (10) a representative from a not-for-profit association representing senior citizens,
selected by the oversight council;
    (11) the statewide commander of the task force;
    (12) a representative from the Board of Public Defense, selected by the board; and
    (13) two additional members selected by the oversight council;
    (14) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
    (15) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house of representatives.
The oversight council may adopt procedures to govern its conduct and shall select a
chair from among its members. The legislative members of the council may not vote on
matters before the council.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 6. Minnesota Statutes 2006, section 299A.681, is amended by adding a
subdivision to read:
    Subd. 13. Report required. By February 1 of each year, the oversight council
shall report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice policy
and funding on the activities of the council and task force. At a minimum, this annual
report must include:
    (1) a description of the council's and task force's goals for the previous year and
for the coming year;
    (2) a description of the outcomes the council and task force achieved or did not
achieve during the preceding year and a description of the outcomes they will seek to
achieve during the coming year;
    (3) any legislative recommendations the council or task force has including,
where necessary, a description of the specific legislation needed to implement the
recommendations;
    (4) a detailed accounting of how appropriated money, grants, and in-kind
contributions were spent; and
    (5) a detailed accounting of the grants awarded under this section.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 7. [299C.25] SCRAP METAL DEALERS; EDUCATIONAL MATERIALS.
    (a) The superintendent shall develop educational materials relating to the laws
governing scrap metal dealers, including, but not limited to, applicable laws addressing
receiving stolen property and the provisions of section 325E.21. In addition, the materials
must address the proper use of the criminal alert network under section 299A.61, and must
include a glossary of the terms used by law enforcement agencies to describe items of
scrap metal that are different from the terms used in the scrap metal industry to describe
those same items.
    (b) In developing the materials under paragraph (a), the superintendent shall seek
the advice of scrap metal trade associations, Minnesota scrap metal dealers, and law
enforcement agencies.
    (c) The superintendent shall distribute the materials developed in paragraph (a) to all
scrap metal dealers registered with the criminal alert network.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 8. Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
    Subd. 2. Task force. (a) The policy group shall appoint A task force to shall assist
them the policy group in their its duties. The task force shall monitor, review, and report to
the policy group on CriMNet-related projects and provide oversight to ongoing operations
as directed by the policy group. The task force shall consist of the following members:
    (1) two sheriffs recommended members appointed by the Minnesota Sheriffs
Association, at least one of whom must be a sheriff;
    (2) two police chiefs recommended members appointed by the Minnesota Chiefs of
Police Association, at least one of whom must be a chief of police;
    (3) two county attorneys recommended members appointed by the Minnesota
County Attorneys Association, at least one of whom must be a county attorney;
    (4) two city attorneys recommended members appointed by the Minnesota League
of Cities representing the interests of city attorneys, at least one of whom must be a city
attorney;
    (5) two public defenders members appointed by the Board of Public Defense, at least
one of whom must be a public defender;
    (6) two district judges appointed by the Judicial Council, one of whom is currently
assigned to the juvenile court at least one of whom has experience dealing with juvenile
court matters;
    (7) two community corrections administrators recommended appointed by the
Minnesota Association of Counties, representing the interests of local corrections, at least
one of whom represents a community corrections act county;
    (8) two probation officers appointed by the commissioner of corrections in
consultation with the president of the Minnesota Association of Community Corrections
Act Counties and the president of the Minnesota Association of County Probation Officers;
    (9) four public members appointed by the governor for a term of six years, one of
whom has been a victim of crime represents the interests of victims, and two who of whom
are representatives of the private business community who have expertise in integrated
information systems and who for the purpose of meetings of the full task force may be
compensated pursuant to section 15.059;
    (10) two court administrators members appointed by the Minnesota Association for
Court Management, at least one of whom must be a court administrator;
    (11) one member of the house of representatives appointed by the speaker of the
house, or an alternate who is also a member of the house, appointed by the speaker
of the house;
    (12) one member of the senate appointed by the majority leader, or an alternate who
is also a member of the senate, appointed by the majority leader of the senate;
    (13) one member appointed by the attorney general or a designee;
    (14) two individuals recommended elected officials appointed by the Minnesota
League of Cities, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
    (15) two individuals recommended elected officials appointed by the Minnesota
Association of Counties, one of whom works or resides in greater Minnesota and one of
whom works or resides in the seven-county metropolitan area;
    (16) the director of the Sentencing Guidelines Commission or a designee;
    (17) one member appointed by the state chief information officer;
    (18) one member appointed by the commissioner of public safety;
    (19) one member appointed by the commissioner of corrections;
    (20) one member appointed by the commissioner of administration; and
    (21) one member appointed by the chief justice of the Supreme Court.
    (b) In making these appointments, the appointing authority shall select members
with expertise in integrated data systems or best practices.
    (c) The commissioner of public safety may appoint additional, nonvoting members
to the task force as necessary from time to time.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 9. Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
    Subd. 5. Review of funding and grant requests. (a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The policy
group shall review the requests for compatibility to statewide criminal justice information
system standards. The review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with jurisdiction over criminal
justice funding and policy.
    (b) The CriMNet program office, in consultation with the Criminal and Juvenile
Justice Information Task Force and with the approval of the policy group, shall create
the requirements for any grant request and determine the integration priorities for the
grant period. The CriMNet program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems standards.
    (c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.
    (d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all counties applicants within each grant offering. The policy group shall adopt policies
concerning the use of in-kind resources to satisfy the match requirement and the sources
from which matching funds may be obtained. Local operational or technology staffing
costs may be considered as meeting this match requirement. Each grant recipient shall
certify to the policy group that it has not reduced funds from local, county, federal, or
other sources which, in the absence of the grant, would have been made available to the
grant recipient to improve or integrate criminal justice technology.
    (e) All grant recipients shall submit to the CriMNet program office all requested
documentation including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration priorities. The CriMNet
program office shall establish the recipient's reporting dates at the time funds are awarded.
EFFECTIVE DATE.This section is effective August 1, 2007.

    Sec. 10. [299F.850] CIGARETTE FIRE SAFETY DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 299F.850 to 299F.859 have the
meanings given them in this section.
    Subd. 2. Agent. "Agent" means any person licensed by the commissioner of
revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.
    Subd. 3. Cigarette. "Cigarette" means any roll for smoking made wholly or in part
of tobacco, the wrapper or cover of which is made of paper or any other substance or
material except tobacco.
    Subd. 4. Manufacturer. "Manufacturer" means:
    (1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes
to be manufactured or produced anywhere that the manufacturer intends to be sold in the
state, including cigarettes intended to be sold in the United States through an importer;
    (2) the first purchaser anywhere that intends to resell in the United States cigarettes
manufactured anywhere that the original manufacturer or maker does not intend to be sold
in the United States; or
    (3) any entity that becomes a successor of an entity described in clause (1) or (2).
    Subd. 5. Quality control and quality assurance program. "Quality control and
quality assurance program" means the laboratory procedures implemented to ensure that
operator bias, systematic and nonsystematic methodological errors, and equipment-related
problems do not affect the results of the testing. This program ensures that the testing
repeatability remains within the required repeatability values stated in section 299F.851,
subdivision 1, paragraph (g), for all test trials used to certify cigarettes in accordance with
sections 299F.850 to 299F.859.
    Subd. 6. Repeatability. "Repeatability" means the range of values within which the
repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
    Subd. 7. Retail dealer. "Retail dealer" means any person, other than a wholesale
dealer, engaged in selling cigarettes or tobacco products.
    Subd. 8. Sale. "Sale" means any transfer of title or possession or both, exchange
or barter, conditional or otherwise, in any manner or by any means whatever or any
agreement therefore. In addition to cash and credit sales, the giving of cigarettes as
samples, prizes, or gifts and the exchanging of cigarettes for any consideration other
than money, are considered sales.
    Subd. 9. Sell. "Sell" means to make a sale or to offer or agree to make a sale.
    Subd. 10. Wholesale dealer. "Wholesale dealer" means any person who (1) sells
cigarettes or tobacco products to retail dealers or other persons for purposes of resale
or (2) owns, operates, or maintains one or more cigarette or tobacco product vending
machines in, at, or upon premises owned or occupied by any other person.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 11. [299F.851] TEST METHOD AND PERFORMANCE STANDARD.
    Subdivision 1. Requirements. (a) Except as provided in this subdivision, no
cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons
located in this state unless (1) the cigarettes have been tested in accordance with the test
method and have met the performance standard specified in this section, (2) a written
certification has been filed by the manufacturer with the state fire marshal in accordance
with section 299F.852, and (3) the cigarettes have been marked in accordance with section
299F.853.
    (b) Testing of cigarettes must be conducted in accordance with the American
Society of Testing and Materials (ASTM) Standard E2187-04, "Standard Test Method for
Measuring the Ignition Strength of Cigarettes."
    (c) Testing must be conducted on ten layers of filter paper.
    (d) No more than 25 percent of the cigarettes tested in a test trial in accordance
with this section may exhibit full-length burns. Forty replicate tests comprise a complete
test trial for each cigarette tested.
    (e) The performance standard required by this subdivision must only be applied to a
complete test trial.
    (f) Written certifications must be based upon testing conducted by a laboratory that
has been accredited pursuant to standard ISO/IEC 17025 of the International Organization
for Standardization (ISO), or other comparable accreditation standard required by the
state fire marshal.
    (g) Laboratories conducting testing in accordance with this section shall implement a
quality control and quality assurance program that includes a procedure that will determine
the repeatability of the testing results. The repeatability value must be no greater than 0.19.
    (h) This subdivision does not require additional testing if cigarettes are tested
consistent with sections 299F.850 to 299F.859 for any other purpose.
    (i) Testing performed or sponsored by the state fire marshal to determine a cigarette's
compliance with the performance standard required must be conducted in accordance
with this section.
    Subd. 2. Permeability bands. Each cigarette listed in a certification submitted
pursuant to section 299F.852 that uses lowered permeability bands in the cigarette paper
to achieve compliance with the performance standard set forth in this section must have
at least two nominally identical bands on the paper surrounding the tobacco column. At
least one complete band must be located at least 15 millimeters from the lighting end of
the cigarette. For cigarettes on which the bands are positioned by design, there must
be at least two bands fully located at least 15 millimeters from the lighting end and ten
millimeters from the filter end of the tobacco column, or ten millimeters from the labeled
end of the tobacco column for nonfiltered cigarettes.
    Subd. 3. Equivalent test methods. A manufacturer of a cigarette that the state
fire marshal determines cannot be tested in accordance with the test method prescribed
in subdivision 1, paragraph (b), shall propose a test method and performance standard
for the cigarette to the state fire marshal. Upon approval of the proposed test method
and a determination by the state fire marshal that the performance standard proposed by
the manufacturer is equivalent to the performance standard prescribed in subdivision 1,
paragraph (d), the manufacturer may employ such test method and performance standard
to certify the cigarette pursuant to section 299F.852. If the state fire marshal determines
that another state has enacted reduced cigarette ignition propensity standards that include
a test method and performance standard that are the same as those contained in this
subdivision, and the state fire marshal finds that the officials responsible for implementing
those requirements have approved the proposed alternative test method and performance
standard for a particular cigarette proposed by a manufacturer as meeting the fire safety
standards of that state's law or regulation under a legal provision comparable to this
subdivision, then the state fire marshal shall authorize that manufacturer to employ the
alternative test method and performance standard to certify that cigarette for sale in this
state, unless the state fire marshal demonstrates a reasonable basis why the alternative
test should not be accepted under sections 299F.850 to 299F.859. All other applicable
requirements of this section apply to the manufacturer.
    Subd. 4. Civil penalty. Each manufacturer shall maintain copies of the reports of all
tests conducted on all cigarettes offered for sale for a period of three years, and shall make
copies of these reports available to the state fire marshal and the attorney general upon
written request. Any manufacturer who fails to make copies of these reports available
within 60 days of receiving a written request is subject to a civil penalty not to exceed
$10,000 for each day after the 60th day that the manufacturer does not make such copies
available.
    Subd. 5. Future ASTM Standards. The state fire marshal may, by written order
published in the State Register, adopt a subsequent ASTM Standard Test Method for
Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method
does not result in a change in the percentage of full-length burns exhibited by any tested
cigarette when compared to the percentage of full-length burns the same cigarette would
exhibit when tested in accordance with ASTM Standard E2187-04 and the performance
standard in subdivision 1, paragraph (d). A determination by the state fire marshal under
this subdivision is exempt from the rulemaking provisions of chapter 14, and section
14.386 does not apply.
    Subd. 6. Report to legislature. The state fire marshal shall review the effectiveness
of this section and report findings every three years to the legislature and, if appropriate,
make recommendations for legislation to improve the effectiveness of this section. The
report and legislative recommendations must be submitted no later than January 2 of each
three-year period.
    Subd. 7. Inventory before state standards. The requirements of subdivision 1 do
not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes
on or after the effective date of this section if the wholesale or retail dealer can establish
that state tax stamps were affixed to the cigarettes before the effective date of this section,
and if the wholesale or retail dealer can establish that the inventory was purchased before
the effective date of this section in comparable quantity to the inventory purchased during
the same period of the previous year.
    Subd. 8. Implementation. This section must be implemented in accordance with
the implementation and substance of the New York "Fire Safety Standards for Cigarettes."
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 12. [299F.852] CERTIFICATION AND PRODUCT CHANGE.
    Subdivision 1. Attestation. Each manufacturer shall submit to the state fire marshal
a written certification attesting that each cigarette listed in the certification:
    (1) has been tested in accordance with section 299F.851; and
    (2) meets the performance standard set forth in section 299F.851, subdivision 1,
paragraph (d).
    Subd. 2. Description. Each cigarette listed in the certification must be described
with the following information:
    (1) brand or trade name on the package;
    (2) style, such as light or ultra light;
    (3) length in millimeters;
    (4) circumference in millimeters;
    (5) flavor, such as menthol or chocolate, if applicable;
    (6) filter or nonfilter;
    (7) package description, such as soft pack or box;
    (8) marking approved in accordance with section 299F.853;
    (9) the name, address, and telephone number of the laboratory, if different than the
manufacturer that conducted the test; and
    (10) the date that the testing occurred.
    Subd. 3. Information availability. The certifications must be made available to the
attorney general for purposes consistent with this section and the commissioner of revenue
for the purposes of ensuring compliance with this subdivision.
    Subd. 4. Recertification. Each cigarette certified under this subdivision must be
recertified every three years.
    Subd. 5. Fee. For each cigarette listed in a certification, a manufacturer shall pay
to the state fire marshal a $250 fee, to be deposited in the reduced cigarette ignition
propensity account described in section 299F.857.
    Subd. 6. Retesting. If a manufacturer has certified a cigarette pursuant to this
section, and thereafter makes any change to the cigarette that is likely to alter its
compliance with the reduced cigarette ignition propensity standards required by sections
299F.850 to 299F.859, that cigarette must not be sold or offered for sale in this state
until the manufacturer retests the cigarette in accordance with the testing standards set
forth in section 299F.851 and maintains records of that retesting as required by section
299F.851. Any altered cigarette that does not meet the performance standard set forth in
section 299F.851 may not be sold in this state.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 13. [299F.853] MARKING AND CIGARETTE PACKAGING.
    (a) Cigarettes that are certified by a manufacturer in accordance with section
299F.852 must be marked to indicate compliance with the requirements of section
299F.851. The marking must be in eight-point type or larger and consist of:
    (1) modification of the product UPC code to include a visible mark printed at
or around the area of the UPC code, which may consist of alphanumeric or symbolic
characters permanently stamped, engraved, embossed, or printed in conjunction with
the UPC;
    (2) any visible combination of alphanumeric or symbolic characters permanently
stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
    (3) printed, stamped, engraved, or embossed text that indicates that the cigarettes
meet the standards of sections 299F.850 to 299F.859.
    (b) A manufacturer shall use only one marking and shall apply this marking
uniformly for all brands marketed by that manufacturer and all packages, including but
not limited to packs, cartons, and cases.
    (c) The state fire marshal must be notified as to the marking that is selected.
    (d) Prior to the certification of any cigarette, a manufacturer shall present its
proposed marking to the state fire marshal for approval. Upon receipt of the request,
the state fire marshal shall approve or disapprove the marking offered, except that the
state fire marshal shall approve any marking in use and approved for sale in New York
pursuant to the New York "Fire Safety Standards for Cigarettes." Proposed markings
are deemed approved if the state fire marshal fails to act within ten business days of
receiving a request for approval.
    (e) No manufacturer shall modify its approved marking unless the modification has
been approved by the state fire marshal in accordance with this section.
    (f) Manufacturers certifying cigarettes in accordance with section 299F.852 shall
provide a copy of the certifications to all wholesale dealers and agents to which they sell
cigarettes, and shall also provide sufficient copies of an illustration of the package marking
utilized by the manufacturer pursuant to this section for each retail dealer to which the
wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a
copy of these package markings received from manufacturers to all retail dealers to whom
they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire
marshal, the commissioner of revenue, the attorney general, and their employees to inspect
markings of cigarette packaging marked in accordance with this section.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 14. [299F.854] PENALTIES AND REMEDIES.
    Subdivision 1. Wholesale. (a) A manufacturer, wholesale dealer, agent, or any other
person or entity who knowingly sells or offers to sell cigarettes, other than through retail
sale, in violation of section 299F.851 is liable to a civil penalty:
    (1) for a first offense, not to exceed $10,000 per each sale of such cigarettes; and
    (2) for a subsequent offense, not to exceed $25,000 per each sale of such cigarettes.
    (b) However, the penalty against any such person or entity for a violation under
paragraph (a) must not exceed $100,000 during any 30-day period.
    Subd. 2. Retail. (a) A retail dealer who knowingly sells cigarettes in violation of
section 299F.851 is liable to a civil penalty for a first offense, not to exceed:
    (1) $500, and for a subsequent offense, not to exceed $2,000, per each sale or offer
for sale of such cigarettes, if the total number sold or offered for sale does not exceed
1,000 cigarettes; or
    (2) $1,000, and for a subsequent offense, not to exceed $5,000, per each sale or
offer for sale of such cigarettes, if the total number sold or offered for sale exceeds 1,000
cigarettes.
    (b) However, the penalty against any retail dealer must not exceed $25,000 during
any 30-day period.
    Subd. 3. False certification. In addition to any penalty prescribed by law, any
corporation, partnership, sole proprietor, limited partnership, or association engaged in
the manufacture of cigarettes that knowingly makes a false certification pursuant to this
subdivision is, for a first offense, liable to a civil penalty of at least $75,000, and for a
subsequent offense a civil penalty not to exceed $250,000 for each false certification.
    Subd. 4. Violation of other provision. Any person violating any other provision
in sections 299F.850 to 299F.859 is liable to a civil penalty for a first offense not to
exceed $1,000, and for a subsequent offense a civil penalty not to exceed $5,000, for
each violation.
    Subd. 5. Forfeiture. Cigarettes that have been sold or offered for sale that do
not comply with the performance standard required by section 299F.851 are subject to
forfeiture under section 297F.21 and, upon judgment of forfeiture, shall be destroyed;
provided, however, that before destroying any cigarettes seized in accordance with section
297F.21, which seizure is hereby authorized, the true holder of the trademark rights in the
cigarette brand must be permitted to inspect the cigarette.
    Subd. 6. Remedies. In addition to any other remedy provided by law, the state fire
marshal or attorney general may institute a civil action in district court for a violation of
this section, including petitioning for injunctive relief or to recover any costs or damages
suffered by the state because of a violation under this section, including enforcement costs
relating to the specific violation and attorney fees. Each violation of sections 299F.850 to
299F.859 or of rules adopted under sections 299F.850 to 299F.859 constitutes a separate
civil violation for which the state fire marshal or attorney general may obtain relief.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 15. [299F.855] IMPLEMENTATION.
    Subdivision 1. Rules. The commissioner of public safety, in consultation with the
state fire marshal, may adopt rules, pursuant to chapter 14, necessary to effectuate the
purposes of sections 299F.850 to 299F.859.
    Subd. 2. Commissioner of revenue. The commissioner of revenue in the regular
course of conducting inspections of wholesale dealers, agents, and retail dealers, as
authorized under chapter 297F, may inspect cigarettes to determine if the cigarettes are
marked as required by section 299F.853. If the cigarettes are not marked as required, the
commissioner of revenue shall notify the state fire marshal.
EFFECTIVE DATE.Subdivision 1 is effective the day following final enactment.
Subdivision 2 is effective the first day of the 19th month following the date of its final
enactment.

    Sec. 16. [299F.856] INSPECTION.
    To enforce sections 299F.850 to 299F.859, the attorney general and the state fire
marshal may examine the books, papers, invoices, and other records of any person in
possession, control, or occupancy of any premises where cigarettes are placed, stored,
sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in
the possession, control, or occupancy of any premises where cigarettes are placed, sold,
or offered for sale is hereby directed and required to give the attorney general and the
state fire marshal the means, facilities, and opportunity for the examinations authorized
by this section.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 17. [299F.857] REDUCED CIGARETTE IGNITION PROPENSITY
ACCOUNT.
    The reduced cigarette ignition propensity account is established in the state treasury.
The account consists of all money recovered as penalties under section 299F.854 and fees
collected under section 299F.852, subdivision 5. The money must be deposited to the
credit of the account and, in addition to any other money made available for such purpose,
is appropriated to the state fire marshal for costs associated with sections 299F.850 to
299F.859.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 18. [299F.858] SALE OUTSIDE OF MINNESOTA.
    Sections 299F.850 to 299F.859 do not prohibit any person or entity from
manufacturing or selling cigarettes that do not meet the requirements of section 299F.851
if the cigarettes are or will be stamped for sale in another state or are packaged for sale
outside the United States and that person or entity has taken reasonable steps to ensure
that such cigarettes will not be sold or offered for sale to persons located in Minnesota.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 19. [299F.859] LOCAL REGULATION.
    Notwithstanding any other provision of law, the local governmental units of this state
may neither enact nor enforce any ordinance or other local law or regulation conflicting
with, or preempted by, any provision of sections 299F.850 to 299F.858 or with any policy
of this state expressed by sections 299F.850 to 299F.858, whether that policy be expressed
by inclusion of a provision in sections 299F.850 to 299F.858 or by exclusion of that
subject from sections 299F.850 to 299F.858.
EFFECTIVE DATE.This section is effective the first day of the 19th month
following the date of its final enactment.

    Sec. 20. Minnesota Statutes 2006, section 299N.02, subdivision 3, is amended to read:
    Subd. 3. Powers and duties. (a) The board shall:
    (1) review fire service training needs and make recommendations on training to
Minnesota fire service organizations;
    (2) establish standards for educational programs for the fire service and develop
procedures for continuing oversight of the programs; and
    (3) establish qualifications for fire service training instructors in programs
established under clause (2).
    (b) The board may:
    (1) hire or contract for technical or professional services according to section 15.061;
    (2) pay expenses necessary to carry out its duties;
    (3) apply for, receive, and accept grants, gifts, devises, and endowments that any
entity may make to the board for the purposes of this chapter and may use any money
given to it consistent with the terms and conditions under which the money was received
and for the purposes stated;
    (4) make recommendations to the legislature to improve the quality of firefighter
training;
    (5) collect and provide data, subject to section 13.03;
    (6) conduct studies and surveys and make reports; and
    (7) conduct other activities necessary to carry out its duties.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 21. Minnesota Statutes 2006, section 325E.21, is amended to read:
325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS
AND, REPORTS, AND REGISTRATION.
    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
this subdivision have the meanings given.
    (b) "Law enforcement agency" or "agency" means a duly authorized municipal,
county, state, or federal law enforcement agency.
    (c) "Person" means an individual, partnership, limited partnership, limited liability
company, corporation, or other entity.
    (d) "Scrap metal" means:
    (1) wire and cable commonly and customarily used by communication and electric
utilities; and
    (2) copper, aluminum, or any other metal purchased primarily for its reuse or
recycling value as raw metal, including metal that is combined with other materials
at the time of purchase.
    (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of
buying or selling scrap metal, or both, but does not include a person engaged exclusively
in the business of buying or selling new or used motor vehicles or motor vehicle parts,
paper or wood products, rags or furniture, or secondhand machinery.
    Subdivision 1. Subd. 1a. Purchase or acquisition record required. (a) Every
person, firm or corporation scrap metal dealer, including an agent, employee, or
representative thereof of the dealer, engaging in the business of buying and selling wire
and cable commonly and customarily used by communication and electric utilities shall
keep a written record, in the English language, legibly written in ink or typewriting, at the
time of each purchase or acquisition, of scrap metal. The record must include:
    (1) an accurate account or description, including the weight if customarily purchased
by weight, of such wire and cable commonly and customarily used by communication and
electric utilities the scrap metal purchased or acquired,;
    (2) the date, time, and place of the receipt of the same, scrap metal purchased or
acquired;
    (3) the name and address of the person selling or delivering the same and scrap metal;
    (4) the number of the check or electronic transfer used to purchase the scrap metal;
    (5) the number of the seller's or deliverer's driver's license of such person, Minnesota
identification card number, or other identification document number of an identification
document issued for identification purposes by any state, federal, or foreign government if
the document includes the person's photograph, full name, birth date, and signature; and
    (6) the license plate number and description of the vehicle used by the person when
delivering the scrap metal, and any identifying marks on the vehicle, such as a business
name, decals, or markings, if applicable.
    Such (b) The record, as well as such wire and cable commonly and customarily used
by communication and electric utilities the scrap metal purchased or received, shall at all
reasonable times be open to the inspection of any sheriff or deputy sheriff of the county,
or of any police officer in any incorporated city or statutory city, in which such business
may be carried on law enforcement agency.
    Such person shall not be (c) No record is required to furnish or keep such record
of any for property purchased from merchants, manufacturers or wholesale dealers,
having an established place of business, or of any goods purchased at open sale from any
bankrupt stock, but a bill of sale or other evidence of open or legitimate purchase of
such the property shall be obtained and kept by such the person, which must be shown
upon demand to the sheriff or deputy sheriff of the county, or to any police officer in
any incorporated city or statutory city, in which such business may be carried on. The
provisions of this subdivision and of subdivision 2 shall not apply to or include any
person, firm or corporation engaged exclusively in the business of buying or selling motor
vehicles, new or used, paper or wood products, rags or furniture, secondhand machinery
any law enforcement agency.
    (d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's
agent, employee, or representative may not disclose personal information concerning a
customer without the customer's consent unless the disclosure is made in response to a
request from a law enforcement agency. A scrap metal dealer must implement reasonable
safeguards to protect the security of the personal information and prevent unauthorized
access to or disclosure of the information. For purposes of this paragraph, "personal
information" is any individually identifiable information gathered in connection with a
record under paragraph (a).
    Subd. 2. Sheriff's copy of record required. It shall be the duty of every such
person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or
mail to the office of the sheriff of the county in which business is conducted, not later than
the second business day of each week, a legible and correct copy of the record required
in subdivision 1 of the entries during the preceding week. In the event such person, firm
or corporation has not made any purchases or acquisitions required to be recorded under
subdivision 1 hereof during the preceding week no report need be submitted to the sheriff
under this subdivision.
    Subd. 3. 2. Retention required. Records required to be maintained by subdivision
1 hereof 1a shall be retained by the person making them scrap metal dealer for a period
of three years.
    Subd. 3. Payment by check or electronic transfer required. A scrap metal dealer
or the dealer's agent, employee, or representative shall pay for all scrap metal purchases
only by check or electronic transfer.
    Subd. 4. Registration required. (a) Every scrap metal dealer shall register with
and participate in the criminal alert network described in section 299A.61. The dealer
shall ensure that the dealer's system for receiving incoming notices from the network is
in proper working order and ready to receive incoming notices. The dealer shall check
the system for incoming notices twice each day the business is open, once upon opening
and then again before closing. The dealer shall inform all employees involved in the
purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type
that might be conceivably sold to the dealer. In addition, the dealer shall post copies of the
alerts in a conspicuous location.
    (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
annual fee to participate in the criminal alert network and for the educational materials
described in section 299C.25.
    (c) The commissioner shall notify the scrap metal dealer if a message sent to the
dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's
system. The dealer shall take action necessary to ensure that future messages are received.
    Subd. 5. Training. Each scrap metal dealer shall review the educational materials
provided by the superintendent of the Bureau of Criminal Apprehension under section
299C.25 and ensure that all employees do so as well.
    Subd. 6. Criminal penalty. A scrap metal dealer, or the agent, employee, or
representative of the dealer, who intentionally violates a provision of this section, is guilty
of a misdemeanor.
    Subd. 7. Exemption. A scrap metal dealer may purchase aluminum cans without
complying with this section.
    Subd. 8. Property held by law enforcement. (a) Whenever a law enforcement
official from any agency has probable cause to believe that property in the possession of
a scrap metal dealer is stolen or is evidence of a crime and notifies the dealer not to sell
the item, the item may not be sold or removed from the premises. This investigative hold
remains in effect for 90 days from the date of initial notification, or until it is canceled or a
seizure order is issued, whichever comes first.
    (b) If an item is identified as stolen or evidence in a criminal case, the law
enforcement official may:
    (1) physically seize and remove it from the dealer, pursuant to a written order from
the law enforcement official; or
    (2) place the item on hold or extend the hold as provided in this section and leave
it in the shop.
    (c) When an item is seized, the person doing so shall provide identification upon
request of the dealer, and shall provide the dealer the name and telephone number of the
seizing agency and investigator, and the case number related to the seizure.
    (d) A dealer may request seized property be returned in accordance with section
626.04.
    (e) When an order to hold or seize is no longer necessary, the law enforcement
official shall so notify the dealer.
    Subd. 9. Video security cameras required. (a) Each scrap metal dealer shall install
and maintain at each location video surveillance cameras, still digital cameras, or similar
devices positioned to record or photograph a frontal view showing the face of each seller
or prospective seller of scrap metal who enters the location. The scrap metal dealer shall
also photograph the seller's or prospective seller's vehicle, including license plate, either
by video camera or still digital camera, so that an accurate and complete description of
it may be obtained from the recordings made by the cameras. The video camera or still
digital camera must be kept in operating condition. The camera must record and display
the accurate date and time. The video camera must be turned on at all times when the
location is open for business and at any other time when scrap metal is purchased.
    (b) If the scrap metal dealer does not purchase some or any scrap metal at a specific
business location, the dealer need not comply with this subdivision with respect to those
purchases.
EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
committed on or after that date.

    Sec. 22. REPEAL BY PREEMPTION.
    Minnesota Statutes, sections 299F.850 to 299F.859, are repealed if a federal reduced
cigarette ignition propensity standard that preempts these sections is adopted and becomes
effective.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 23. COLLATERAL SANCTIONS COMMITTEE.
    Subdivision 1. Establishment; duties. The Collateral Sanctions Committee shall
study issues related to collateral sanctions. Specifically, the committee shall study how
collateral sanctions are addressed in other states and determine best practices on this.
In addition, the committee shall study issues relating to how criminal convictions and
adjudications affect an individual's employment and professional licensing opportunities
in Minnesota. The committee shall consider the policy implications of providing a
process to allow individuals currently prohibited from certain types of employment or
professional licensing because of a criminal record to seek a waiver. The committee shall
make recommendations on changes in law and policy it deems appropriate in this area.
By January 15, 2008, the committee shall report its findings and recommendations to the
chairs and ranking minority members of the committees having jurisdiction over criminal
justice policy in the senate and house of representatives.
    Subd. 2. Resources. The Sentencing Guidelines Commission shall provide technical
and research assistance to the committee, with the assistance of the commissioner of
public safety and the commissioner of corrections.
    Subd. 3. Membership. The committee consists of the following:
    (1) the executive director of the Sentencing Guidelines Commission, who shall serve
as the committee's chair and convening authority;
    (2) the commissioner of public safety, or designee;
    (3) the commissioner of corrections, or designee;
    (4) the attorney general, or designee;
    (5) the state public defender, or designee;
    (6) a crime victim's advocate, appointed by the commissioner of public safety;
    (7) a county attorney, appointed by the Minnesota County Attorneys Association;
    (8) a city attorney, appointed by the League of Minnesota Cities;
    (9) a district court judge, appointed by the Judicial Council;
    (10) a private criminal defense attorney, appointed by the Minnesota Association of
Criminal Defense Lawyers;
    (11) a probation officer, appointed by the Minnesota Association of County
Probation Officers;
    (12) two peace officers, one appointed by the Minnesota Sheriffs' Association and
the other appointed by the Minnesota Chiefs of Police Association;
    (13) two members with knowledge of housing issues, one of whom is a landlord and
the other a tenant, appointed by the commissioner of public safety;
    (14) a member from the employment industry, appointed by the commissioner of
public safety;
    (15) a member from a community crime prevention organization, appointed by the
commissioner of public safety;
    (16) a member from a community of color, appointed by the commissioner of
public safety;
    (17) a member who is an ex-criminal offender, appointed by the commissioner of
public safety; and
    (18) a member from an agency that provides re-entry services to offenders being
released from incarceration, appointed by the commissioner of public safety.
    Subd. 4. Expenses; expiration. The provisions of Minnesota Statutes, section
15.059, apply to the committee. The committee expires on January 15, 2008.
    Subd. 5. Definition. As used in this section, "collateral sanctions" has the meaning
given in Minnesota Statutes, section 609B.050, subdivision 1.
EFFECTIVE DATE.This section is effective the day following final enactment.

ARTICLE 8
EMERGENCY COMMUNICATIONS

    Section 1. Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
    Subd. 4. Use of furnished information. (a) Names, addresses, and telephone
numbers provided to a 911 system under subdivision 3 are private data and may be used
only for identifying: (1) to identify the location or identity, or both, of a person calling
a 911 public safety answering point; or (2) by a public safety answering point to notify
the public of an emergency. The information furnished under subdivision 3 may not be
used or disclosed by 911 system agencies, their agents, or their employees for any other
purpose except under a court order.
    (b) For purposes of this subdivision, "emergency" means a situation in which
property or human life is in jeopardy and the prompt notification of the public by the
public safety answering point is essential.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 2. Minnesota Statutes 2006, section 403.07, subdivision 5, is amended to read:
    Subd. 5. Liability. (a) A wire-line telecommunications service provider,
its employees, or its agents are not liable to any person who uses enhanced 911
telecommunications service for release of subscriber information required under this
chapter to any public safety answering point.
    (b) A wire-line telecommunications service provider is not liable to any person for
the good faith release to emergency communications personnel of information not in the
public record, including, but not limited to, nonpublished or nonlisted telephone numbers.
    (c) A wire-line telecommunications service provider, its employees, or its agents are
not liable to any person for civil damages resulting from or caused by any act or omission
in the development, design, installation, operation, maintenance, performance, or provision
of enhanced 911 telecommunications service, except for willful or wanton misconduct.
    (d) A multiline telephone system manufacturer, provider, or operator is not liable
for any civil damages or penalties as a result of any act or omission, except willful or
wanton misconduct, in connection with developing, designing, installing, maintaining,
performing, provisioning, adopting, operating, or implementing any plan or system
required by section 403.15.
    (e) A telecommunications service provider that participates in or cooperates with
the public safety answering point in notifying the public of an emergency, as authorized
under subdivision 4, is immune from liability arising out of the notification except for
willful or wanton misconduct.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 3. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
    Subdivision 1. Emergency telecommunications service fee; account. (a) Each
customer of a wireless or wire-line switched or packet-based telecommunications service
provider connected to the public switched telephone network that furnishes service capable
of originating a 911 emergency telephone call is assessed a fee based upon the number
of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.
    (b) Money remaining in the 911 emergency telecommunications service account
after all other obligations are paid must not cancel and is carried forward to subsequent
years and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications
services. The improvements may include providing access to 911 service for
telecommunications service subscribers currently without access and upgrading existing
911 service to include automatic number identification, local location identification,
automatic location identification, and other improvements specified in revised county
911 plans approved by the commissioner.
    (c) The fee may not be less than eight cents nor more than 65 cents a month until
June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
each customer access line or other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge purposes and including
wireless telecommunications services. With the approval of the commissioner of finance,
the commissioner of public safety shall establish the amount of the fee within the limits
specified and inform the companies and carriers of the amount to be collected. When the
revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
no longer needed. The commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same for all customers.
    (d) The fee must be collected by each wireless or wire-line telecommunications
service provider subject to the fee. Fees are payable to and must be submitted to the
commissioner monthly before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a month is due, or annually if
less than $25 a month is due. Receipts must be deposited in the state treasury and credited
to a 911 emergency telecommunications service account in the special revenue fund. The
money in the account may only be used for 911 telecommunications services.
    (e) This subdivision does not apply to customers of interexchange carriers.
    (f) The installation and recurring charges for integrating wireless 911 calls into
enhanced 911 systems are eligible for payment by the commissioner if the 911 service
provider is included in the statewide design plan and the charges are made pursuant to
contract.
    (g) Competitive local exchanges carriers holding certificates of authority from the
Public Utilities Commission are eligible to receive payment for recurring 911 services.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 4. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
read:
    Subd. 1a. Fee collection declaration. If the commissioner disputes the
accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or
packet-based telecommunications service provider, the wireless, wire-line, or packet-based
telecommunications service provider shall submit a sworn declaration signed by an officer
of the company certifying, under penalty of perjury, that the information provided with
the fee submission is true and correct. The sworn declaration must specifically describe
and affirm that the 911 fee computation is complete and accurate. When a wireless,
wire-line, or packet-based telecommunications service provider fails to provide a sworn
declaration within 90 days of notice by the commissioner that the fee submission is
disputed, the commissioner may estimate the amount due from the wireless, wire-line, or
packet-based telecommunications service provider and refer that amount for collection
under section 16D.04.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 5. Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
read:
    Subd. 1b. Examination of fees. If the commissioner determines that an examination
is necessary to document the fee submission and sworn declaration in subdivision 1a, the
wireless, wire-line, or packet-based telecommunications service provider must contract
with an independent certified public accountant to conduct an examination of fees. The
examination must be conducted in accordance with attestation audit standards.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 6. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
    Subdivision 1. Allocation of operating costs. The current costs of the board
in implementing the regionwide public safety radio communication plan system and
the first and second phase systems shall be allocated among and paid by the following
users, all in accordance with the regionwide public safety radio system communication
plan adopted by the board:
    (1) the state of Minnesota for its operations using the system in the metropolitan
counties;
    (2) all local government units using the system; and
    (3) other eligible users of the system. (a) The ongoing costs of the commissioner
not otherwise appropriated in operating the statewide public safety radio communication
system shall be allocated among and paid by the following users, all in accordance with
the statewide public safety radio communication system plan under section 403.36:
    (1) the state of Minnesota for its operations using the system;
    (2) all local government units using the system; and
    (3) other eligible users of the system.
    (b) Each local government and other eligible users of the system shall pay to
the commissioner all sums charged under this section, at the times and in the manner
determined by the commissioner. The governing body of each local government shall
take all action necessary to provide the money required for these payments and to make
the payments when due.
EFFECTIVE DATE.This section is effective July 1, 2007.

    Sec. 7. REPEALER.
Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.
EFFECTIVE DATE.This section is effective July 1, 2007.
Presented to the governor May 4, 2007
Signed by the governor May 7, 2007, 4:10 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569