Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8253
(c) A law
enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is
planning to be admitted and receive, or has been admitted and is receiving
health care at a health care facility shall notify the administrator of the
facility and deliver a fact sheet to the administrator containing the following
information: (1) name and physical description of the offender; (2) the
offender's conviction history, including the dates of conviction; (3) the risk
level classification assigned to the offender under section 244.052, if any;
and (4) the profile of likely victims.
(d) Except for a hospital
licensed under sections 144.50 to 144.58, if a health care facility that
receives notice under this subdivision that a predatory offender has been
admitted to the facility a fact sheet under paragraph (c) that includes
a risk level classification for the offender, and if the facility admits the
offender, the facility shall notify other distribute the fact
sheet to all residents at the facility of this fact. If the facility determines that notice
distribution to a resident is not appropriate given the resident's medical,
emotional, or mental status, the facility shall notify distribute the
fact sheet to the patient's next of kin or emergency contact.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 10. Minnesota Statutes 2005 Supplement, section
243.166, subdivision 6, is amended to read:
Subd. 6. Registration
period. (a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as provided in
paragraphs (b), (c), and (d), a person required to register under this section
shall continue to comply with this section until ten years have elapsed since
the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever
occurs later. For a person required to
register under this section who is committed under section 253B.18 or 253B.185,
the ten-year registration period does not include the period of commitment.
(b) If a person required to register
under this section fails to provide the person's primary address as required by
subdivision 3, paragraph (b), fails to comply with the requirements of
subdivision 3a, fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision 4 within ten
days, the commissioner of public safety may require the person to continue to
register for an additional period of five years. This five-year period is added to the end of the offender's
registration period.
(c) If a person required to
register under this section is subsequently incarcerated following a conviction
for a new offense or following a revocation of probation, supervised release,
or conditional release for any offense, the person shall continue to register
until ten years have elapsed since the person was last released from
incarceration or until the person's probation, supervised release, or
conditional release period expires, whichever occurs later.
(d) A person shall continue
to comply with this section for the life of that person:
(1) if the person is
convicted of or adjudicated delinquent for any offense for which registration
is required under subdivision 1b, or any offense from another state or any
federal offense similar to the offenses described in subdivision 1b, and the
person has a prior conviction or adjudication for an offense for which
registration was or would have been required under subdivision 1b, or an
offense from another state or a federal offense similar to an offense described
in subdivision 1b;
(2) if the person is
required to register based upon a conviction or delinquency adjudication for an
offense under section 609.185, clause (2), or a similar statute from another
state or the United States;
(3) if the person is
required to register based upon a conviction for an offense under section
609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343,
subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision
1, paragraph (a), (c), or (g); or 609.345, subdivision 1, paragraph (a), (c),
or (g); or a statute from another state or the United States similar to the
offenses described in this clause; or
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8254
(4) if the person
is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar
law of another state or the United States.
(e) A person described in
subdivision 1b, paragraph (b), who is required to register under the laws of a
state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by
the state of conviction or adjudication unless a longer time period is required
elsewhere in this section.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to offenders residing in Minnesota on or after that date.
Sec. 11. Minnesota Statutes 2005 Supplement, section
244.052, subdivision 4, is amended to read:
Subd. 4. Law
enforcement agency; disclosure of information to public. (a) The law enforcement agency in the area
where the predatory offender resides, expects to reside, is employed, or is
regularly found, shall disclose to the public any information regarding the
offender contained in the report forwarded to the agency under subdivision 3,
paragraph (f), that is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the guidelines in
paragraph (b). The extent of the
information disclosed and the community to whom disclosure is made must relate
to the level of danger posed by the offender, to the offender's pattern of
offending behavior, and to the need of community members for information to
enhance their individual and collective safety.
(b) The law enforcement
agency shall employ the following guidelines in determining the scope of
disclosure made under this subdivision:
(1) if the offender is
assigned to risk level I, the agency may maintain information regarding the
offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may
disclose the information to any victims of or witnesses to the offense
committed by the offender. The agency
shall disclose the information to victims of the offense committed by the
offender who have requested disclosure and to adult members of the offender's
immediate household;
(2) if the offender is
assigned to risk level II, the agency also may disclose the information to
agencies and groups that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their care while they
are on or near the premises of the institution. These agencies and groups include the staff members of public and
private educational institutions, day care establishments, and establishments
and organizations that primarily serve individuals likely to be victimized by
the offender. The agency also may
disclose the information to individuals the agency believes are likely to be
victimized by the offender. The
agency's belief shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the department of
corrections or human services;
(3) if the offender is
assigned to risk level III, the agency shall disclose the information to the
persons and entities described in clauses (1) and (2) and to other members of
the community whom the offender is likely to encounter, unless the law
enforcement agency determines that public safety would be compromised by the
disclosure or that a more limited disclosure is necessary to protect the
identity of the victim.
Notwithstanding
the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause
(2) or (3), if: the offender is placed
or resides in a residential facility.
However, if an offender is placed or resides in a residential facility,
the offender and the head of the facility shall designate the offender's likely
residence upon release from the facility and the head of the facility shall
notify the commissioner of corrections or the commissioner of human services of
the offender's likely residence at least 14 days before the offender's
scheduled release date. The
commissioner shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of the residential facility also
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8255
shall notify the
commissioner of corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent residence. Within five days after receiving this
notification, the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has concerning the
offender, including information on the risk factors in the offender's history
and the risk level to which the offender was assigned. After receiving this information, the law
enforcement agency shall make the disclosures permitted or required by clause
(2) or (3), as appropriate.
(c) As
used in paragraph (b), clauses (2) and (3), "likely to encounter"
means that:
(1)
the organizations or community members are in a location or in close proximity
to a location where the offender lives or is employed, or which the offender
visits or is likely to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and
(2)
the types of interaction which ordinarily occur at that location and other
circumstances indicate that contact with the offender is reasonably certain.
(d) A
law enforcement agency or official who discloses information under this
subdivision shall make a good faith effort to make the notification within 14
days of receipt of a confirmed address from the Department of Corrections
indicating that the offender will be, or has been, released from confinement,
or accepted for supervision, or has moved to a new address and will reside at
the address indicated. If a change
occurs in the release plan, this notification provision does not require an
extension of the release date.
(e) A
law enforcement agency or official who discloses information under this
subdivision shall not disclose the identity or any identifying characteristics
of the victims of or witnesses to the offender's offenses.
(f) A
law enforcement agency shall continue to disclose information on an offender as
required by this subdivision for as long as the offender is required to
register under section 243.166. This
requirement on a law enforcement agency to continue to disclose information
also applies to an offender who lacks a primary address and is registering
under section 243.166, subdivision 3a.
(g) A
law enforcement agency that is disclosing information on an offender assigned
to risk level III to the public under this subdivision shall inform the
commissioner of corrections what information is being disclosed and forward
this information to the commissioner within two days of the agency's
determination. The commissioner shall
post this information on the Internet as required in subdivision 4b.
(h) A
city council may adopt a policy that addresses when information disclosed under
this subdivision must be presented in languages in addition to English. The policy may address when information must
be presented orally, in writing, or both in additional languages by the law
enforcement agency disclosing the information.
The policy may provide for different approaches based on the prevalence
of non-English languages in different neighborhoods.
(i) An
offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.
(j)
When a school, day care facility, or other entity or program that primarily
educates or serves children receives notice under paragraph (b), clause (3),
that a level III predatory offender resides or works in the surrounding
community, notice to parents must be made as provided in this paragraph. If the predatory offender identified in the
notice is participating in programs offered by the facility that require or
allow the person to interact with children other than the person's children,
the principal or head of the entity must notify parents with children at the
facility of the contents of the notice received pursuant to this section. The immunity provisions of subdivision 7
apply to persons disclosing information under this paragraph.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8256
Sec. 12. [299A.85]
DEATH SCENE INVESTIGATIONS.
(a)
The Department of Public Safety shall provide information to local law
enforcement agencies about best practices for handling death scene
investigations.
(b)
The Department of Public Safety shall identify any publications or training opportunities
that may be available to local law enforcement agencies or law enforcement
officers concerning the handling of death scene investigations.
EFFECTIVE DATE. This section is effective August 1, 2006.
Sec.
13. [299C.156] FORENSIC LABORATORY ADVISORY BOARD.
Subdivision
1. Membership. (a) The Forensic Laboratory Advisory
Board consists of the following:
(1)
the superintendent of the Bureau of Criminal Apprehension or the
superintendent's designee;
(2)
the commissioner of public safety or the commissioner's designee;
(3)
the commissioner of corrections or the commissioner's designee;
(4)
an individual with expertise in the field of forensic science, selected by the
governor;
(5)
an individual with expertise in the field of forensic science, selected by the
attorney general;
(6)
a faculty member of the University of Minnesota, selected by the president of
the university;
(7)
the state public defender or a designee;
(8)
a prosecutor, selected by the Minnesota County Attorneys Association;
(9)
a sheriff, selected by the Minnesota Sheriffs Association;
(10)
a police chief, selected by the Minnesota Chiefs of Police Association;
(11)
a judge or court administrator, selected by the chief justice of the Supreme
Court; and
(12)
a criminal defense attorney, selected by the Minnesota State Bar Association.
(b)
The board shall select a chair from among its members.
(c)
Board members serve four-year terms and may be reappointed.
(d)
The board may employ staff necessary to carry out its duties.
Subd.
2. Duties. The board may:
(1)
develop and implement a reporting system through which laboratories,
facilities, or entities that conduct forensic analyses report professional
negligence or misconduct that substantially affects the integrity of the
forensic results committed by employees or contractors;
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8257
(2) encourage
all laboratories, facilities, or entities that conduct forensic analyses to
report professional negligence or misconduct that substantially affects the
integrity of the forensic results committed by employees or contractors to the
board;
(3) investigate, in a timely
manner, any allegation of professional negligence or misconduct that would
substantially affect the integrity of the results of a forensic analysis
conducted by a laboratory, facility, or entity; and
(4) encourage laboratories,
facilities, and entities that conduct forensic analyses to become accredited by
the American Society of Crime Laboratory Directors/Laboratory Accreditation
Board (ALCLD/LAB) or other appropriate accrediting body and develop and
implement a process for those entities to report their accreditation status to
the board.
Subd. 3. Investigations. (a) An investigation under subdivision 2,
clause (3):
(1) may include the
preparation of a written report that identifies and describes the methods and
procedures used to identify:
(i) the alleged negligence
or misconduct;
(ii) whether negligence or
misconduct occurred; and
(iii) any corrective action
required of the laboratory, facility, or entity; and
(2) may include one or more:
(i) retrospective
reexaminations of other forensic analyses conducted by the laboratory,
facility, or entity that may involve the same kind of negligence or misconduct;
and
(ii) follow-up evaluations
of the laboratory, facility, or entity to review:
(A) the implementation of
any corrective action required under clause (1), item (iii); or
(B) the conclusion of any retrospective
reexamination under this clause, item (i).
(b) The costs of an
investigation under this section must be borne by the laboratory, facility, or
entity being investigated.
Subd. 4. Delegation of duties. The board by contract may delegate the
duties described in subdivision 2, clauses (1) and (3), to any person or entity
that the board determines to be qualified to assume those duties.
Subd. 5. Reviews and reports are
public. The board shall make
all investigation reports completed under subdivision 3, clause (1), available
to the public. A report completed under
subdivision 3, clause (1), in a subsequent civil or criminal proceeding is not
prima facie evidence of the information or findings contained in the report.
Subd. 6. Reports to legislature. By January 15 of each year, the board
shall submit any report prepared under subdivision 3, clause (1), during the
preceding calendar year to the governor and the legislature.
Subd. 7. Forensic analysis
processing time period guidelines. (a) By July 1, 2007, the board shall recommend forensic
analysis processing time period guidelines applicable to the Bureau of Criminal
Apprehension and other laboratories, facilities, and entities that conduct
forensic analyses. When adopting and
recommending these
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8258
guidelines and
when making other related decisions, the board shall consider the goals and
priorities identified by the presidential DNA initiative. The board shall consider the feasibility of
the Bureau of Criminal Apprehension completing the processing of forensic
evidence submitted to it by sheriffs, chiefs of police, or state or local
corrections authorities.
(b) The bureau shall provide
information to the board in the time, form, and manner determined by the board
and keep it informed of the most up-to-date data on the actual forensic
analysis processing turn around time periods.
By January 15 of each year, the board shall report to the legislature on
these issues, including the recommendations made by the board to improve
turnaround times.
Subd. 8. Forensic evidence
processing deadline. The
board may recommend reasonable standards and deadlines for the Bureau of
Criminal Apprehension to test and catalog forensic evidence samples relating to
alleged crimes committed, including DNA analysis, in their control and
possession.
Subd. 9. Office space. The commissioner of public safety may
provide adequate office space and administrative services to the board.
Subd. 10. Expenses. Section 15.059 applies to the board.
Subd. 11. Definition. As used in this section, "forensic
analysis" means a medical, chemical, toxicologic, ballistic, or other
expert examination or test performed on physical evidence, including DNA
evidence, for the purpose of determining the connection of the evidence to a
criminal action.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 14. Minnesota Statutes 2005 Supplement, section
299C.40, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "CIBRS" means
the Comprehensive Incident-Based Reporting System, located in the Department of
Public Safety and managed by the Bureau of Criminal Apprehension, Criminal
Justice Information Systems Section. A
reference in this section to "CIBRS" includes the Bureau of Criminal
Apprehension.
(c) "Law enforcement
agency" means a Minnesota municipal police department, the Metropolitan
Transit Police, the Metropolitan Airports Police, the University of Minnesota
Police Department, the Department of Corrections' Fugitive Apprehension
Unit, a Minnesota county sheriff's department, the Bureau of Criminal
Apprehension, or the Minnesota State Patrol.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 15. Minnesota Statutes 2005 Supplement, section
299C.405, is amended to read:
299C.405 SUBSCRIPTION SERVICE.
(a) For the purposes of this
section "subscription service" means a process by which law
enforcement agency personnel may obtain ongoing, automatic electronic notice of
any contacts an individual has with any criminal justice agency.
(b) The Department of Public
Safety must not establish a subscription service without prior legislative
authorization; except that, the Bureau of Criminal Apprehension may employ
under section 299C.40 a secure subscription service designed to promote and
enhance officer safety during tactical operations by and between
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8259
federal, state,
and local law enforcement agencies by notifying law enforcement agencies of
conflicts where multiple law enforcement operations may be occurring on the
same subject or vehicle or on or near the same location. The notification may include warrant
executions, surveillance activities, SWAT activities, undercover operations,
and other investigative operations.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 16. [299C.565]
MISSING PERSON REPORT.
The local law enforcement
agency having jurisdiction over the location where a person has been missing or
was last seen has the responsibility to take a missing person report from an
interested party. If this location
cannot be clearly and easily established, the local law enforcement agency
having jurisdiction over the last verified location where the missing person
last resided has the responsibility to take the report.
EFFECTIVE DATE. This section is effective August 1, 2006.
Sec. 17. Minnesota Statutes 2005 Supplement, section
299C.65, subdivision 2, is amended to read:
Subd. 2. Task
force. The policy group shall
appoint a task force to assist them in their 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
by the Minnesota Sheriffs Association;
(2) two police chiefs
recommended by the Minnesota Chiefs of Police Association;
(3) two county attorneys
recommended by the Minnesota County Attorneys Association;
(4) two city attorneys
recommended by the Minnesota League of Cities;
(5) two public defenders appointed
by the Board of Public Defense;
(6) two district judges
appointed by the Conference of Chief Judges Judicial Council, one
of whom is currently assigned to the juvenile court;
(7) two community
corrections administrators recommended by the Minnesota Association of
Counties, one of whom represents a community corrections act county;
(8) two probation officers;
(9) four public members, one
of whom has been a victim of crime, and two who 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;
(11) one member of the house
of representatives appointed by the speaker of the house;
(12) one member of the
senate appointed by the majority leader;
(13) the attorney general or
a designee;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8260
(14) two
individuals recommended 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 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;
(17)
one member appointed by the state chief information officer;
(17) (18) one member appointed by the
commissioner of public safety;
(18) (19) one member appointed by the
commissioner of corrections;
(19) (20) one member appointed by the
commissioner of administration; and
(20) (21) one member appointed by the
chief justice of the Supreme Court.
In making these
appointments, the appointing authority shall select members with expertise in
integrated data systems or best practices.
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, 2006.
Sec.
18. Minnesota Statutes 2004, section
299E.01, subdivision 2, is amended to read:
Subd.
2. Responsibilities. The division shall be responsible and
shall utilize state employees for security and public information services
in the Capitol complex of state-owned buildings and state leased to
own buildings in the Capitol area, as described in section 15B.02; it shall
provide such personnel as are required by the circumstances to insure the
orderly conduct of state business and the convenience of the public.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
19. Minnesota Statutes 2004, section
299F.011, subdivision 5, is amended to read:
Subd.
5. Appeal
policy; variance. Upon application,
the state fire marshal may grant variances from the minimum requirements
specified in the code if there is substantial compliance with the provisions of
the code, the safety of the public and occupants of such building will not be
jeopardized, and undue hardship will result to the applicant unless such
variance is granted. No appeal to the
state fire marshal for a variance from orders issued by a local fire
official from the Uniform Fire Code shall be accepted until the applicant has
first made application to the local governing body and the local unit has acted
on the application. The state fire
marshal shall consider the decision any decisions or recommendations of
the local governing body. Any person
aggrieved by a decision made by the fire marshal under this subdivision may
proceed before the fire marshal as with a contested case in accordance with the
Administrative Procedure Act.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8261
Sec. 20. [299F.50]
DEFINITIONS.
Subdivision
1. Scope. As used in sections 299F.50 to 299F.52,
the terms defined in this section have the meanings given them.
Subd.
2. Installed. "Installed" means that an
approved carbon monoxide alarm is hard-wired into the electrical wiring,
directly plugged into an electrical outlet without a switch, or, if the alarm
is battery-powered, attached to the wall of the dwelling.
Subd.
3. Single
and multifamily dwelling. "Single
and multifamily dwelling" means any building or structure which is wholly
or partly used or intended to be used for living or sleeping by human
occupants.
Subd.
4. Dwelling
unit. "Dwelling
unit" means an area meant for living or sleeping by human occupants.
Subd.
5. Approved
carbon monoxide alarm. "Approved
carbon monoxide alarm" means a device meant for the purpose of detecting
carbon monoxide that is certified by a nationally recognized testing laboratory
to conform to the latest Underwriters Laboratories Standards (known as UL2034
standards).
Subd.
6. Operational. "Operational" means working and
in service.
EFFECTIVE DATE. This section is effective January 1, 2007, for all newly
constructed single family and multifamily dwelling units for which building
permits were issued on or after January 1, 2007; August 1, 2008, for all
existing single family dwelling units; and August 1, 2009, for all multifamily
dwelling units.
Sec.
21. [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
Subdivision
1. Generally. Every single family dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational
carbon monoxide alarm installed within ten feet of each room lawfully used for
sleeping purposes.
Subd.
2. Owner's
duties. The owner of a
multifamily dwelling unit which is required to be equipped with one or more
approved carbon monoxide alarms must:
(1)
provide and install one approved and operational carbon monoxide alarm within
ten feet of each room lawfully used for sleeping; and
(2)
replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy of the dwelling unit
and which has not been replaced by the prior occupant prior to the commencement
of a new occupancy of a dwelling unit.
Subd.
3. Occupant's
duties. The occupant of each
dwelling unit in a multifamily dwelling in which an approved and operational
carbon monoxide alarm has been provided and installed by the owner must:
(1)
keep and maintain the device in good repair; and
(2)
replace any device that is stolen, removed, missing, or rendered inoperable
during the occupancy of the dwelling unit.
Subd.
4. Battery
removal prohibited. No
person shall remove batteries from, or in any way render inoperable, a required
carbon monoxide alarm.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8262
Subd. 5. Exceptions; certain
multifamily dwellings and state-operated facilities. (a) In lieu of requirements of
subdivision 1, multifamily dwellings may have approved and operational carbon
monoxide alarms installed between 15 and 25 feet of carbon monoxide producing
central fixtures and equipment provided there is a centralized alarm system or
other mechanism for responsible parties to hear the alarm at all times.
(b)
An owner of a multifamily dwelling that contains minimal or no sources of
carbon monoxide may be exempted from the requirements of subdivision 1,
provided that such owner certifies to the commissioner of public safety that
such multifamily dwelling poses no foreseeable carbon monoxide risk to the
health and safety to the dwelling units.
(c)
The requirements of this section do not apply to facilities owned or operated
by the state of Minnesota.
EFFECTIVE DATE. This section is effective January 1, 2007, for all newly
constructed single family and multifamily dwelling units for which building
permits were issued on or after January 1, 2007; August 1, 2008, for all
existing single family dwelling units; and August 1, 2009, for all multifamily
dwelling units.
Sec.
22. Minnesota Statutes 2004, section
525.9214, is amended to read:
525.9214 ROUTINE INQUIRY AND REQUIRED
REQUEST; SEARCH AND NOTIFICATION.
(a)
If, at or near the time of death of a patient, there is no documentation in the
medical record that the patient has made or refused to make an anatomical gift,
the hospital administrator or a representative designated by the administrator
shall discuss with the patient or a relative of the patient the option to make
or refuse to make an anatomical gift and may request the making of an
anatomical gift pursuant to section 525.9211 or 525.9212. The request must be made with reasonable
discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not
suitable, based upon accepted medical standards, for a purpose specified in
section 525.9215. An entry must be made
in the medical record of the patient, stating the name of the individual making
the request, and the name, response, and relationship to the patient of the
person to whom the request was made.
(b)
The following persons shall make a reasonable search for a document of gift or
other information identifying the bearer as a donor or as an individual who has
refused to make an anatomical gift:
(1) a
law enforcement officer, firefighter, paramedic, or other emergency rescuer
finding an individual who the searcher believes is dead or near death;
(2) a
hospital or emergency care facility, upon the admission or presentation of an
individual at or near the time of death, if there is not immediately available
any other source of that information; and
(3) a
medical examiner or coroner upon receipt of a body.
(c) If
a document of gift or evidence of refusal to make an anatomical gift is located
by the search required by paragraph (b), clause (1), and the individual or body
to whom it relates is taken to a hospital, the hospital must be notified of the
contents and the document or other evidence must be sent to the hospital. If a body is taken to a morgue, the
person who discovered the body must notify the person's dispatcher. A dispatcher notified under this section
must notify the state's federally designated organ procurement organization and
inform the organization of the deceased's name, donor status, and location.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8263
(d) If, at or near
the time of death of a patient, a hospital knows that an anatomical gift has
been made pursuant to section 525.9212, paragraph (a), or a release and removal
of a part has been permitted pursuant to section 525.9213, or that a patient or
an individual identified as in transit to the hospital is a donor, the hospital
shall notify the donee if one is named and known to the hospital; if not, it
shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the
anatomical gift or release and removal of a part.
(e) A
person who fails to discharge the duties imposed by this section is not subject
to criminal or civil liability.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
23. Minnesota Statutes 2004, section
611A.0315, is amended to read:
611A.0315 VICTIM NOTIFICATION; DOMESTIC
ASSAULT; HARASSMENT.
Subdivision
1. Notice
of decision not to prosecute. (a) A
prosecutor shall make every reasonable effort to notify a victim of domestic
assault, a criminal sexual conduct offense, or harassment that the
prosecutor has decided to decline prosecution of the case or to dismiss the
criminal charges filed against the defendant.
Efforts to notify the victim should include, in order of priority: (1)
contacting the victim or a person designated by the victim by telephone; and
(2) contacting the victim by mail. If a
suspect is still in custody, the notification attempt shall be made before the
suspect is released from custody.
(b)
Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, or harassment, a
record shall be made of the specific reasons for the dismissal. If the dismissal is due to the
unavailability of the witness, the prosecutor shall indicate the specific
reason that the witness is unavailable.
(c)
Whenever a prosecutor notifies a victim of domestic assault or harassment under
this section, the prosecutor shall also inform the victim of the method and
benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order
without paying a fee.
Subd.
2. Definitions. For the purposes of this section, the
following terms have the meanings given them.
(a)
"Assault" has the meaning given it in section 609.02, subdivision 10.
(b)
"Domestic assault" means an assault committed by the actor against a
family or household member.
(c)
"Family or household member" has the meaning given it in section
518B.01, subdivision 2.
(d)
"Harassment" means a violation of section 609.749.
(e)
"Criminal sexual conduct offense" means a violation of sections
609.342 to 609.3453.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
24. Minnesota Statutes 2004, section
624.22, subdivision 8, is amended to read:
Subd.
8. Suspension,
revocation, or refusal to renew certification. (a) The state fire marshal may suspend, revoke, or refuse
to renew certification of an operator if the operator has:
(1)
submitted a fraudulent application;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8264
(2) caused or
permitted a fire or safety hazard to exist or occur during the storage,
transportation, handling, preparation, or use of fireworks;
(3)
conducted a display of fireworks without receipt of a permit required by the
state or a political subdivision;
(4)
conducted a display of fireworks with assistants who were not at least 18 years
of age, properly instructed, and continually supervised; or
(5)
otherwise failed to comply with any federal or state law or regulation, or the
guidelines, relating to fireworks.
(b)
Any person aggrieved by a decision made by the state fire marshal under this
subdivision may petition the state fire marshal in writing to reconsider the decision. The state fire marshal shall render a
decision in writing within 30 days of receipt of the written request for
reconsideration. Following
reconsideration, the person may appeal the decision to the district court.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
25. Laws 2005, chapter 136, article 1,
section 13, subdivision 3, is amended to read:
Subd. 3. Community Services 103,556,000 103,369,000
Summary by Fund
General Fund 103,456,000 103,269,000
Special Revenue 100,000 100,000
SHORT-TERM OFFENDERS. $1,207,000 each year is for
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 with less than six months to serve as affected by the changes made to
Minnesota Statutes, section 609.105, in 2003.
All funds remaining at the end of the fiscal year not expended for inpatient
medical care shall be added to and distributed with the housing funds. These funds shall be distributed
proportionately based on the total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a state correctional facility at
the discretion of the commissioner.
The Department of Corrections is exempt from the
state contracting process for the purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First Special Session chapter 2, article 5,
sections 7 to 9.
GPS MONITORING OF SEX
OFFENDERS. $500,000 the first year and
$162,000 the second year are for the acquisition and service of bracelets
equipped with tracking devices designed to track and monitor the movement and
location of criminal offenders. The
commissioner shall use the bracelets to monitor high-risk sex offenders who are
on supervised release, conditional release, parole, or probation to help ensure
that the offenders do not violate conditions of their release or probation.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8265
END OF CONFINEMENT REVIEWS. $94,000 each year is for end of confinement
reviews.
COMMUNITY SURVEILLANCE AND
SUPERVISION. $1,370,000 each year is to
provide housing options to maximize community surveillance and
supervision.
INCREASE
IN INTENSIVE SUPERVISED RELEASE SERVICES. $1,800,000 each year is to increase intensive
supervised release services.
SEX OFFENDER ASSESSMENT
REIMBURSEMENTS. $350,000 each year is to provide
grants to reimburse counties or their designees, or courts for
reimbursements for sex offender assessments as required under Minnesota
Statutes, section 609.3452, subdivision 1, which is being renumbered as section
609.3457.
SEX OFFENDER TREATMENT AND
POLYGRAPHS. $1,250,000 each year is to
provide treatment for sex offenders on community supervision and to pay for
polygraph testing.
INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, AND OTHER VIOLENT OFFENDERS. $1,500,000 each year is for the increased
supervision of sex offenders and other violent offenders, including those
convicted of domestic abuse. These
appropriations may not be used to supplant existing state or county probation
officer positions.
The commissioner shall distribute $1,050,000 in
grants each year to Community Corrections Act counties and $450,000 each year
to the Department of Corrections Probation and Supervised Release Unit. The commissioner shall distribute the funds
to the Community Corrections Act counties according to the formula contained in
Minnesota Statutes, section 401.10.
Prior to the distribution of these funds, each
Community Corrections Act jurisdiction and the Department of Corrections
Probation and Supervised Release Unit shall submit to the commissioner an
analysis of need along with a plan to meet their needs and reduce the number of
sex offenders and other violent offenders, including domestic abuse offenders,
on probation officer caseloads.
COUNTY PROBATION
OFFICERS. $500,000 each year is to
increase county probation officer reimbursements.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8266
INTENSIVE SUPERVISION AND AFTERCARE FOR CONTROLLED
SUBSTANCES OFFENDERS; REPORT. $600,000 each year is for
intensive supervision and aftercare services for controlled substances
offenders released from prison under Minnesota Statutes, section 244.055. These appropriations are not added to the
department's base budget. By January
15, 2008, the commissioner 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 how this
appropriation was spent.
REPORT ON ELECTRONIC
MONITORING OF SEX OFFENDERS. By March 1, 2006, the
commissioner 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 implementing an electronic
monitoring system for sex offenders who are under community supervision. The report must address the following:
(1) the advantages and disadvantages in implementing
this system, including the impact on public safety;
(2) the types of sex offenders who should be subject
to the monitoring;
(3) the time period that offenders should be subject
to the monitoring;
(4) the financial costs associated with the
monitoring and who should be responsible for these costs; and
(5) the technology available for the
monitoring.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 26. RICHFIELD DISABLED FIREFIGHTER HEALTH CARE ELIGIBILITY REVIEW.
Subdivision 1. Authorization. An
eligible individual specified in subdivision 2 is authorized to have a review
of health care coverage eligibility as specified in subdivision 3.
Subd. 2. Eligibility. An
eligible person is an individual who:
(1) was a member of the Public Employees Retirement Association police
and fire plan due to employment as a firefighter with the city of Richfield;
(2) became disabled and was granted a duty-related disability benefit
from the Public Employees Retirement Association police and fire plan on
November 20, 2002; and
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8267
(3) is not
receiving employer-paid health care coverage under the program established by
Minnesota Statutes, section 299A.465, due to a determination by the city of
Richfield that the individual does not satisfy all eligibility requirements for
inclusion under that program.
Subd. 3. Treatment. Notwithstanding
that the disability benefit was granted before the creation of the review
panel, and notwithstanding Minnesota Statutes, section 299A.465, subdivision 6,
which requires that applications for review by the panel created under that
section be submitted to the panel within 90 days of approval of a disability
benefit application by the applicable retirement plan, an eligible individual
under subdivision 2 may submit an application to the panel within 90 days of
the effective date of this section. The
panel shall make a determination of whether the firefighter meets the
requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph
(a), clause (2). The panel's final
determination is binding on the applicant and the employer, subject to any
right of judicial review.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 27. MISSING ADULTS MODEL POLICY.
The superintendent of the Bureau of Criminal Apprehension, in
consultation with the Minnesota Sheriffs Association and the Minnesota Chiefs
of Police Association, shall develop a model policy to address law enforcement
efforts and duties regarding missing adults and provide training to local law
enforcement agencies on this model policy.
By February 1, 2007, the superintendent shall report to the chairs and
ranking minority members of the senate and house committees and divisions
having jurisdiction over criminal justice policy and funding on the model
policy and training.
EFFECTIVE DATE. This section is effective July 1, 2006.
ARTICLE 4
CORRECTIONS
Section 1. Minnesota Statutes
2004, section 43A.08, subdivision 1, is amended to read:
Subdivision 1. Unclassified positions. Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor
or other elective officers, and the executive or administrative heads of
departments, bureaus, divisions, and institutions specifically established by
law in the unclassified service;
(3) deputy and assistant agency heads and one confidential secretary in
the agencies listed in subdivision 1a and in the Office of Strategic and
Long-Range Planning;
(4) the confidential secretary to each of the elective officers of this
state and, for the secretary of state and state auditor, an additional deputy,
clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to
assist in the issuance of vehicle licenses;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8268
(6) employees in
the offices of the governor and of the lieutenant governor and one confidential
employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of
Minnesota;
(8) employees of the legislature and of legislative committees or
commissions; provided that employees of the Legislative Audit Commission,
except for the legislative auditor, the deputy legislative auditors, and their
confidential secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs, administrative or
service faculty, teachers, research assistants, and student employees eligible
under terms of the federal Economic Opportunity Act work study program in the
Perpich Center for Arts Education and the Minnesota State Colleges and
Universities, but not the custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in connection with the
business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees
appointed by the attorney general or employed with the attorney general's
authorization;
(12) judges and all employees of the judicial branch, referees,
receivers, jurors, and notaries public, except referees and adjusters employed
by the Department of Labor and Industry;
(13) members of the State Patrol; provided that selection and
appointment of State Patrol troopers must be made in accordance with applicable
laws governing the classified service;
(14) chaplains employed by the state;
(15)
examination monitors and intermittent training instructors employed by the
Departments of Employee Relations and Commerce and by professional examining
boards and intermittent staff employed by the technical colleges for the
administration of practical skills tests and for the staging of instructional
demonstrations;
(16) (15) student
workers;
(17) (16) executive
directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;
(18) (17) employees
unclassified pursuant to other statutory authority;
(19) (18) intermittent
help employed by the commissioner of agriculture to perform duties relating to
pesticides, fertilizer, and seed regulation;
(20) (19) the
administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and
(21) (20) chief
executive officers in the Department of Human Services.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8269
Sec. 2. Minnesota Statutes 2004, section 144.445,
subdivision 1, is amended to read:
Subdivision 1. Screening of inmates. (a) All persons detained or confined
for 14 consecutive days or more in facilities operated, licensed, or inspected
by the Department of Corrections shall be screened for tuberculosis with either
a Mantoux test or a chest roentgenogram (x-ray) as consistent with screening
and follow-up practices recommended by the United States Public Health Service
or the Department of Health, as determined by the commissioner of health. Administration of the Mantoux test or chest
roentgenogram (x-ray) must take place on or before the 14th day of detention or
confinement.
(b) If an inmate refuses to submit to an annual test as specified in
paragraph (a), the commissioner of corrections may order the inmate to be
tested.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 3. Minnesota Statutes
2004, 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; and
(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 education programs, vocational programs,
treatment programs, including mental health programs, industry, and
employment. 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, 2006.
Sec. 4. [241.0222] CONTRACTS WITH NEWLY CONSTRUCTED JAIL FACILITIES THAT
PROVIDE ACCESS TO CHEMICAL DEPENDENCY TREATMENT PROGRAMS.
Notwithstanding section 16C.05, subdivision 2, the commissioner may
enter into contracts, up to five years in duration, with a county or group of
counties to house inmates committed to the custody of the commissioner in newly
constructed county or regional jail facilities that provide inmates access to
chemical dependency treatment programs licensed by the Department of Human
Services. A contract entered into under
this section may contain an option to renew the contract for a term of up to
five years.
EFFECTIVE DATE. This section is effective the day following final enactment.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8270
Sec. 5. Minnesota Statutes 2005 Supplement, section
241.06, is amended by adding a subdivision to read:
Subd. 3. Substance abuse information provided to supervising corrections
agency. When an offender is
being released from prison, the commissioner shall provide to the corrections
agency that will supervise the offender prison records relating to that
offender's prison-based substance abuse assessments, treatment, and any other
substance abuse-related services provided to the offender. If the offender did not participate in the
prison-based substance abuse program to which the offender was directed, the
commissioner shall provide the supervising agency with an explanation of the
reasons.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 6. [241.105] SOCIAL SECURITY ADMINISTRATION INCENTIVE PAYMENTS; INMATE
DISCHARGE PLANNING.
Money received by the commissioner of corrections from the Social
Security Administration as a result of the incentive payment agreement under
the Personal Responsibility and Work Opportunity Reconciliation Act, Public Law
104-193, section 1611(e)(1), and Public Law 106-170, section 202(x)(3), is
appropriated to the commissioner of corrections for discharge planning for
inmates with mental illness.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 7. [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT PROCESS.
By January 15, 2007, and at least once every three years thereafter,
the commissioner shall ensure that an outside entity conducts an independent
review of the department's prison-based substance abuse assessment activities.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 8. [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
The commissioner shall cooperate with community-based corrections
agencies to determine how best to address the substance abuse treatment needs
of offenders who are being released from prison. The commissioner shall ensure that an offender's prison release
plan adequately addresses the offender's needs for substance abuse assessment,
treatment, or other services following release, within the limits of available
resources.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 9. [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
The commissioner shall keep adequate records regarding inmate
participation in substance abuse treatment programs. For inmates who did not comply with directives to participate in
substance abuse treatment programs, these records must include the reasons why
the inmate did not do so.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 10. [241.75] INMATE HEALTH CARE DECISIONS.
Subdivision 1. Definitions. (a)
Except as provided in paragraph (b), the definitions in chapter 145C apply to
this section.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8271
(b) "Health
care" means any care, treatment, service, or procedure to maintain,
diagnose, or otherwise affect a person's physical or mental condition.
Subd. 2. Health care decisions.
The medical director of the Department of Corrections may make a
health care decision for an inmate incarcerated in a state correctional
facility if the inmate's attending physician determines that the inmate lacks
decision-making capacity and:
(1) there is not a documented health care agent designated by the
inmate or the health care agent is not reasonably available to make the health
care decision;
(2) if there is a documented health care directive, the decision is
consistent with that directive;
(3) the decision is consistent with reasonable medical practice and
other applicable law; and
(4) the medical director has made a good-faith attempt to consult with
the inmate's next of kin or emergency contact person in making the decision, to
the extent those persons are reasonably available.
Subd. 3. Disagreement regarding health care; guardianship petition. If the medical director consults with an
inmate's next of kin under subdivision 2, clause (4), and the inmate's next of
kin and the medical director are not in agreement with respect to a health care
decision, the commissioner may bring a petition under section 524.5-303 for
appointment of a guardian with authority to make health care decisions for the
inmate.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 11. Minnesota Statutes
2005 Supplement, section 244.055, subdivision 10, is amended to read:
Subd. 10. Notice. Upon receiving an
offender's petition for release under subdivision 2, the commissioner shall
notify the prosecuting authority responsible for the offender's conviction and
the sentencing court. The commissioner
shall give the authority and court a reasonable opportunity to comment on the
offender's potential release. If the
authority or court elects to comment, the comments must specify the reasons for
the authority or court's position. This
subdivision applies only to offenders sentenced before July 1, 2005.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 12. Minnesota Statutes
2005 Supplement, section 244.055, subdivision 11, is amended to read:
Subd. 11. Sunset. This section
expires July 1, 2007 2009.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 13. Minnesota Statutes
2004, section 609.102, subdivision 2, is amended to read:
Subd. 2. Imposition of fee. When a
court sentences places a person convicted of a crime, and
places the person under the supervision and control of a local correctional
agency, that agency may collect a local correctional fee based on the local
correctional agency's fee schedule adopted under section 244.18.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8272
Sec. 14. Minnesota Statutes 2005 Supplement, section
609.3455, subdivision 8, is amended to read:
Subd. 8. Terms
of conditional release; applicable to all sex offenders. (a) The provisions of this subdivision
relating to conditional release apply to all sex offenders sentenced to prison
for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. Except as provided in this
subdivision, conditional release of sex offenders is governed by provisions
relating to supervised release. The
commissioner of corrections may not dismiss an offender on conditional release
from supervision until the offender's conditional release term expires.
(b) The conditions of
release may include successful completion of treatment and aftercare in a
program approved by the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. The
commissioner shall develop a plan to pay the cost of treatment of a person
released under this subdivision. The
plan may include co-payments from offenders, third-party payers, local
agencies, or other funding sources as they are identified. This section does not require the
commissioner to accept or retain an offender in a treatment program. Before the offender is placed on
conditional release, the commissioner shall notify the sentencing court and the
prosecutor in the jurisdiction where the offender was sentenced of the terms of
the offender's conditional release. The
commissioner also shall make reasonable efforts to notify the victim of the
offender's crime of the terms of the offender's conditional release. If the offender fails to meet any condition
of release, the commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining portion of the
conditional release term in prison.
EFFECTIVE DATE. This section is effective August 1, 2006.
Sec. 15. Minnesota Statutes 2004, section 631.425,
subdivision 3, is amended to read:
Subd. 3. Continuation
of employment. If the person
committed under this section has been regularly employed, the sheriff shall
arrange for a continuation of the employment insofar as possible without
interruption. If the person is not
employed, the court may designate a suitable person or agency to make
reasonable efforts to secure some suitable employment for that person. An inmate employed under this section must
be paid a fair and reasonable wage for work performed and must work at fair and
reasonable hours per day and per week. There
must not be a fee or charge for the inmate to participate in any employment
under this section if the inmate is paying for the cost of the inmate's
maintenance under subdivision 5.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 16. TRANSITION.
The incumbent of a position
that is transferred from the unclassified to the classified service under
section 1 is appointed to the newly classified position.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 17. SUBSTANCE
ABUSE TREATMENT; RECOMMENDATIONS, REPORT.
(a) The commissioner of
corrections shall make recommendations to:
(1) improve the availability
of prison-based substance abuse treatment programming and related services; and
(2) better ensure that
offenders released from prison receive appropriate community-based substance
abuse treatment and services.
These recommendations must
include an estimate of the financial costs associated with implementing them.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8273
(b) The commissioner
shall recommend changes in prison-based programs or release plans to improve
the postprison release outcomes of:
(1) inmates who are directed to complete prison-based short-term
substance abuse programs; and
(2) inmates who fail the prison-based substance abuse programs they
start.
(c) By January 15, 2007, the commissioner shall report to the chairs
and ranking minority members of the senate and house committees and divisions
having jurisdiction over criminal justice policy and funding on the commissioner's
recommendations under paragraphs (a) and (b).
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 5
COURTS
Section 1. Minnesota Statutes
2004, section 13.84, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section "court services data" means
data that are created, collected, used or maintained by a court services
department, parole or probation authority, correctional agency, or by an agent
designated by the court to perform studies or other duties and that are on
individuals who are or were defendants, parolees or probationers of a municipal,
district or county court, participants in diversion programs,
petitioners or respondents to a family court, or juveniles adjudicated
delinquent and committed, detained prior to a court hearing or hearings, or
found to be dependent or neglected and placed under the supervision of the
court.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 2. Minnesota Statutes 2004,
section 13.84, subdivision 2, is amended to read:
Subd. 2. General. Unless the data is
summary data or a statute, including sections 609.115 and 257.70, specifically
provides a different classification, the following court services data are
classified as private pursuant to section 13.02, subdivision 12:
(a) Court services data on individuals gathered at the request of a municipal,
district or county court to determine the need for any treatment,
rehabilitation, counseling, or any other need of a defendant, parolee,
probationer, or participant in a diversion program, and used by the court to
assist in assigning an appropriate sentence or other disposition in a case;
(b) Court services data on petitioners or respondents to a family court
gathered at the request of the court for purposes of, but not limited to,
individual, family, marriage, chemical dependency and marriage dissolution
adjustment counseling, including recommendations to the court as to the custody
of minor children in marriage dissolution cases;
(c) Court services data on individuals gathered by psychologists in the
course of providing the court or its staff with psychological evaluations or in
the course of counseling individual clients referred by the court for the
purpose of assisting them with personal conflicts or difficulties.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8274
Sec. 3. Minnesota Statutes 2004, section 16D.04,
subdivision 2, is amended to read:
Subd. 2. Agency participation. (a) A
state referring agency may, at its option, refer debts to the
commissioner for collection. The
ultimate responsibility for the debt, including the reporting of the debt to
the commissioner of finance and the decision with regard to the continuing
collection and uncollectibility of the debt, remains with the referring state
agency.
(b) When a debt owed to a state agency becomes 121 days past due, the
state agency must refer the debt to the commissioner for collection. This requirement does not apply if there is
a dispute over the amount or validity of the debt, if the debt is the subject
of legal action or administrative proceedings, or the agency determines that
the debtor is adhering to acceptable payment arrangements. The commissioner, in consultation with the
commissioner of finance, may provide that certain types of debt need not be
referred to the commissioner for collection under this paragraph. Methods and procedures for referral must
follow internal guidelines prepared by the commissioner of finance.
(c) If the referring agency is a court, the court must furnish a
debtor's Social Security number to the commissioner when the court refers the
debt.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes
2004, section 48A.10, subdivision 3, is amended to read:
Subd. 3. Order. Upon finding that
the applicant is authorized to exercise fiduciary powers, the district court
shall enter an order substituting the applicant bank or trust company in every
fiduciary capacity held by the affiliated bank or other bank or trust company
for which substitution is sought and which joined in the application, except as
may be otherwise specified in the application, and except for fiduciary
capacities in any account with respect to which a person beneficially
interested in the account has filed objection to the substitution and has
appeared and been heard in support of the objection. Upon entry of the order, or at a later date as may be specified
in the order, the applicant bank or trust company is substituted in every
fiduciary capacity to which the order extends.
The substitution may be made a matter of record in any county of this
state by filing a certified copy of the order of substitution in the office of
the court administrator of a district or county court, or by filing a
certified copy of the order in the office of the county recorder.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 5. Minnesota Statutes
2004, section 219.97, subdivision 13, is amended to read:
Subd. 13. Violation of provision for stopping train at crossing. Upon the complaint of any person, a company
operating a railroad violating section 219.93 shall forfeit not less than $20
nor more than $100 to be recovered in a civil action before a county or
municipal judge of the county in which the violation occurs. One-half of the forfeiture must go to the
complainant and one-half to the school district where the violation occurs.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 6. Minnesota Statutes 2005
Supplement, section 270C.545, is amended to read:
270C.545 FEDERAL TAX REFUND
OFFSET FEES; TIME LIMIT FOR SUBMITTING CLAIMS FOR OFFSET.
For fees charged by the
Department of the Treasury of the United States for the offset of federal tax
refunds that are deducted from the refund amounts remitted to the commissioner,
the unpaid debts of the taxpayers whose refunds are being offset to satisfy the
debts are reduced only by the actual amount of the refund payments received by
the commissioner. Notwithstanding any
other provision of law to the contrary, a claim for the offset of a federal
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8275
tax refund must be
submitted to the Department of the Treasury of the United States within ten
years after the date of the assessment of the tax owed by the taxpayer whose
refund is to be offset to satisfy the debt.
For court debts referred to the commissioner under section 16D.04,
subdivision 2, paragraph (a), the federal refund offset fees are deducted as
provided in this section, but the ten-year time limit prescribed in this
section for tax debts does not apply.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2004, section 346.09,
subdivision 1, is amended to read:
Subdivision 1. Notice;
appraisers. The person distraining
shall give notice to the owner of the beast, if known to the distrainer, within
24 hours if the owner resides in the same town, and within 48 hours if the
owner resides in another town in the same county, Sundays excepted. The notice shall specify the time when and
the place where distrained, the number of beasts, and the place of their
detention, and that at a time and place stated therein, which shall not be less
than 12 hours after the service of the notice, nor more than three days after
the distress, the distrainer will apply to a designated county or municipal
judge of the county for the appointment of appraisers to appraise the
damages. If the owner is unknown or
does not reside in the county, the distraining person shall apply for the
appointment of appraisers within 24 hours after the distress without
notice. After the application, the
judge shall appoint three disinterested residents of the town to appraise the
damages.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 8. Minnesota Statutes 2004, section 347.04, is
amended to read:
347.04 PUBLIC NUISANCE.
Any dog that habitually
worries, chases, or molests teams or persons traveling peaceably on the public
road is a public nuisance. Upon
complaint in writing to a county or municipal district court
judge containing a description of the dog, including the name of the dog and
its owner, or stating that the name or names are not known, and alleging that
the dog is a public nuisance, the judge shall issue a summons, if the owner is
known, commanding the owner to appear before the judge at a specified time, not
less than six nor more than ten days from the date of the summons, to answer
the complaint. The summons shall be
served not less than six days before the day of the hearing in the same manner
as other district court summonses.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 9. Minnesota Statutes 2004, section 375A.13,
subdivision 1, is amended to read:
Subdivision 1. Appointment by county district
judge. A county government study
commission hereinafter called "the commission" may be established in
any county as provided in this section to study the form and structure of
county government in the county and other counties both within and outside this
state and, if deemed advisable by the commission, recommend to the voters of
the county the adoption of any of the optional forms of county government
contained in sections 375A.01 to 375A.13.
The commission shall be established upon presentation of a petition
requesting such action signed by voters equal in number to five percent of the
electors voting at the last previous election for the office of governor or a
resolution of the board of county commissioners of the county requesting such
action. Appointments to the commission
shall be made by order filed with the court administrator of the district court
of the county and shall be made by the senior county judge having
chambers in the county. If there be no
judge having chambers in the county, appointments shall be made by the chief
judge of the judicial district. The
number on the study commission shall be set by the appointing judge but not to
exceed 15. A noncommissioner from each
commissioner district shall be appointed to a study commission. In addition three members shall be county
commissioners and two shall be elected county officials. An appointee who neglects to file
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8276
with the court
administrator within 15 days a written acceptance shall be deemed to have
declined the appointment and the place shall be filled as though the appointee
had resigned. Vacancies in the
commission shall be filled as in the case of original appointments. The county board, the commission, or the
petitioners requesting the appointment of the commission may submit to the
appointing judge the names of eligible nominees which the appointing judge may
consider in making appointments to the commission.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 10. Minnesota Statutes
2004, section 383B.65, subdivision 2, is amended to read:
Subd. 2. May relocate Bloomington court.
Notwithstanding the provisions of section 488A.01, subdivision 9, the
county of Hennepin may relocate the municipal district court
serving the city of Bloomington and thereupon shall provide suitable quarters
for the holding of regular terms of court in a southern suburban location
within the county as may be designated by a majority of the judges of the
court. All functions of the court may
be discharged, including both court and jury trials of civil and criminal
matters, at the location designated pursuant to this section. Nothing in this section shall be construed
to reduce the level of services to the residents of the city of Bloomington.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 11. Minnesota Statutes
2004, section 390.20, is amended to read:
390.20 PERSON CHARGED
ARRESTED.
If any person charged by the inquest with having committed the offense
is not in custody, the coroner shall have the same power as a county or
municipal district court judge to issue process for the person's
apprehension. The warrant shall be
returnable before any court having jurisdiction in the case and the court shall
proceed as in similar cases.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 12. Minnesota Statutes
2004, section 390.33, subdivision 2, is amended to read:
Subd. 2. Subpoena power. The judge
exercising probate jurisdiction may issue subpoenas for witnesses, returnable
immediately or at a time and place the judge directs. The persons served with subpoenas shall be allowed the same fees,
the sheriff shall enforce their attendance in the same manner, and they shall
be subject to the same penalties as if they had been served with a subpoena in
behalf of the state in a criminal case before a county or municipal
district court judge.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 13. Minnesota Statutes
2004, section 480.181, subdivision 1, is amended to read:
Subdivision 1. State employees; compensation. (a) District court referees, judicial
officers, court reporters, law clerks, district administration staff, other
than district administration staff in the Second and Fourth Judicial Districts,
guardian ad litem program coordinators and staff, staff court interpreters in
the Second Judicial District, court psychological services staff in the Fourth
Judicial District, and other court employees under paragraph (b), are state employees
and are governed by the judicial branch personnel rules adopted by the Supreme
Court. The Supreme Court, in
consultation with the conference of chief judges Judicial Council,
shall establish the salary range of these employees under the judicial branch
personnel rules. In establishing the
salary ranges, the Supreme Court shall consider differences in the cost of
living in different areas of the state.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8277
(b) The court administrator
and employees of the court administrator who are in the Fifth, Seventh, Eighth,
or Ninth Judicial District are state employees. The court administrator and employees of the court administrator
in the remaining judicial districts become state employees as follows:
(1) effective July 1, 2003, for the Second and Fourth Judicial
Districts;
(2) effective July 1, 2004, for the First and Third Judicial Districts;
and
(3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 14. Minnesota Statutes
2004, section 480.181, subdivision 2, is amended to read:
Subd. 2. Election to retain insurance and benefits; retirement. (a) Before a person is transferred to state
employment under this section, the person may elect to do either or both of the
following:
(1) keep life insurance; hospital, medical, and dental insurance; and
vacation and sick leave benefits and accumulated time provided by the county
instead of receiving benefits from the state under the judicial branch
personnel rules; or
(2) remain a member of the Public Employees Retirement Association or
the Minneapolis employees retirement fund instead of joining the Minnesota
State Retirement System.
Employees who make an election under clause (1) remain on the county
payroll, but the state shall reimburse the county on a quarterly basis for the
salary and cost of the benefits provided by the county. The state shall make the employer
contribution to the Public Employees Retirement Association or the employer
contribution under section 422A.101, subdivision 1a, to the Minneapolis
Employees Retirement Fund on behalf of employees who make an election under
clause (2).
(b) An employee who makes an election under paragraph (a), clause (1),
may revoke the election, once, at any time, but if the employee revokes the
election, the employee cannot make another election. An employee who makes an election under paragraph (a), clause
(2), may revoke the election at any time within six months after the person
becomes a state employee. Once an
employee revokes this election, the employee cannot make another election.
(c) The Supreme Court, after consultation with the conference of
chief judges Judicial Council, the commissioner of employee
relations, and the executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement Association, shall adopt
procedures for making elections under this section.
(d) The Supreme Court shall notify all affected employees of the
options available under this section.
The executive directors of the Public Employees Retirement Association
and the Minnesota State Retirement System shall provide counseling to affected
employees on the effect of making an election to remain a member of the Public
Employees Retirement Association.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8278
Sec. 15. Minnesota Statutes 2004, section 480.182, is
amended to read:
480.182 STATE ASSUMPTION OF
CERTAIN COURT COSTS.
(a)
Notwithstanding any law to the contrary, the state courts will pay for the
following court-related programs and costs:
(1) court interpreter program costs, including the costs of hiring
court interpreters;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization or treatment
costs, for mental commitments and related proceedings under chapter 253B;
(4) examination costs under rule 20 of the Rules of Criminal Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except in appeal cases
and postconviction cases handled by the Board of Public Defense; and
(7) jury program costs, not including personnel.; and
(b) In counties in a judicial district under section 480.181,
subdivision 1, paragraph (b), the state courts shall pay the (8) witness fees and
mileage fees specified in sections 253B.23, subdivision 1; 260B.152,
subdivision 2; 260C.152, subdivision 2; 260B.331, subdivision 3, clause (a);
260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012, subdivision 5;
and 627.02.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 16. Minnesota Statutes
2004, section 484.01, subdivision 1, is amended to read:
Subdivision 1. General. The district courts shall have original jurisdiction in the
following cases:
(1) all
civil actions within their respective districts,;
(2)
in all cases of crime committed or triable therein,;
(3)
in all special proceedings not exclusively cognizable by some other court or
tribunal, and;
(4) in law and equity for the administration of estates of deceased
persons and all guardianship and incompetency proceedings;
(5) the jurisdiction of a juvenile court as provided in chapter 260;
(6) proceedings for the management of the property of persons who have
disappeared, and actions relating thereto, as provided in chapter 576; and
(7)
in all other cases wherein such jurisdiction is especially conferred upon them
by law.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8279
They shall also
have appellate jurisdiction in every case in which an appeal thereto is allowed
by law from any other court, officer, or body.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 17. Minnesota Statutes
2004, section 484.011, is amended to read:
484.011 JURISDICTION IN
SECOND AND FOURTH JUDICIAL DISTRICTS.
In the Second and Fourth Judicial Districts The district court shall
also be a probate court.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 18. Minnesota Statutes
2004, section 484.012, is amended to read:
484.012 COURT ADMINISTRATOR
OF PROBATE COURT, SECOND JUDICIAL DISTRICT.
Notwithstanding section 525.09 the judicial district administrator in
the Second Judicial District may appoint a court administrator of the Probate
Court for the district subject to the approval of the chief judge and assistant
chief judge who shall serve at the pleasure of the judges of the district,
and who shall be supervised by the judicial district administrator, and
whose salary shall be fixed by the Ramsey County Board of Commissioners.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 19. Minnesota Statutes
2004, section 484.45, is amended to read:
484.45 COURTHOUSE; JAIL;
EXPENSES; ST. LOUIS COUNTY.
It is hereby made the duty of the board of county commissioners of the
county of St. Louis to furnish and maintain adequate accommodations for the
holding of terms of the district court at the city of Hibbing, and the city of
Virginia, proper offices for these deputies and a proper place for the
confinement and maintenance of the prisoners at the city of Hibbing and the
city of Virginia.
The county shall reimburse the court administrator and deputies as
herein provided for and the county attorney and assistants and the
district judges of the district and the official court reporter for their
traveling expenses actually and necessarily incurred in the performance of
their respective official duties.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 20. Minnesota Statutes
2004, section 484.54, subdivision 3, is amended to read:
Subd. 3. Reimbursement filings. Each
judge claiming reimbursement for allowable expenses may file with the supreme
court monthly and shall file not later than 90 days after the expenses are
incurred, an itemized statement, verified by the judge, of all allowable
expenses actually paid by the judge.
All statements shall be audited by the Supreme Court and, if approved by
the Supreme Court, shall be paid by the commissioner of finance from
appropriations for this purpose.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8280
Sec. 21. Minnesota Statutes 2004, section 484.545,
subdivision 1, is amended to read:
Subdivision 1. Law clerk appointments. The Each district judges
regularly assigned to hold court in each judicial district except for the
Second, Fourth, and Tenth Judicial Districts may by orders filed with the court
administrator and county auditor of each county in the district judge
may appoint a competent law clerk for every two district court judges of
the judicial district. The district
judges regularly assigned to hold court in the First and Tenth Judicial
Districts may by orders filed with the court administrator and county auditor
of each county in the district appoint a competent law clerk for each district
court judge of the district.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 22. Minnesota Statutes
2004, section 484.64, subdivision 3, is amended to read:
Subd. 3. Chambers and supplies. The
Board of County Commissioners of Ramsey County shall provide suitable chambers
and courtroom space, clerks, and bailiffs, and other personnel
to assist said judge, together with necessary library, supplies,
stationery and other expenses necessary thereto. The state shall provide referees, court
reporters, law clerks, and guardian ad litem program coordinators and staff.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 23. Minnesota Statutes
2004, section 484.65, subdivision 3, is amended to read:
Subd. 3. Space; personnel; supplies.
The Board of County Commissioners of Hennepin County shall provide
suitable chambers and courtroom space, clerks, and bailiffs, and
other personnel to assist said judge, together with necessary library,
supplies, stationery and other expenses necessary thereto. The state shall provide referees, court
reporters, law clerks, and guardian ad litem program coordinators and staff.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 24. Minnesota Statutes
2004, section 484.68, subdivision 1, is amended to read:
Subdivision 1. Appointment. By November 1, 1977, The chief judge of the judicial
district in each judicial district shall appoint a single district
administrator, subject to the approval of the Supreme Court, with the advice of
the judges of the judicial district.
The district administrator shall serve at the pleasure of a majority of
the judges of the judicial district.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 25. Minnesota Statutes
2004, section 484.702, subdivision 5, is amended to read:
Subd. 5. Rules. The Supreme Court,
in consultation with the conference of chief judges, shall adopt rules to
implement the expedited child support hearing process under this section.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8281
Sec. 26. [484.80]
LOCATION OF TRIAL RULE.
If a municipality is located in more than one county or district, the
county in which the city hall of the municipality is located determines the
county or district in which the municipality shall be deemed located for the
purposes of this chapter provided, however, that the municipality by ordinance
enacted may designate, for those purposes, some other county or district in
which a part of the municipality is located.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 27. [484.81] PLEADING; PRACTICE; PROCEDURE.
Subdivision 1. General. Pleading,
practice, procedure, and forms in civil actions shall be governed by Rules of
Civil Procedure which shall be adopted by the Supreme Court.
Subd. 2. Court rules. The
court may adopt rules governing pleading, practice, procedure, and forms for
civil actions which are not inconsistent with the provisions of governing
statutes.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 28. [484.82] MISDEMEANOR OFFENSES.
A person who receives a misdemeanor citation shall proceed as
follows: when a fine is not paid, the
person charged must appear before the court at the time specified in the
citation. If appearance before a
misdemeanor bureau is designated in the citation, the person charged must
appear within the time specified in the citation and arrange a date for
arraignment in the district court.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 29. [484.83] REINSTATEMENT OF 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, 2006.
Sec. 30. [484.84] DISPOSITION OF FINES, FEES, AND OTHER MONEY ACCOUNTS;
HENNEPIN COUNTY DISTRICT COURT.
Subdivision 1. Disposition of fines, fees and other money; accounts. (a) Except as otherwise provided
within this subdivision, and except as otherwise provided by law, the court
administrator shall pay to the Hennepin county treasurer all fines and
penalties collected by the court administrator, all fees collected by the court
administrator for court administrator's services, all sums forfeited to the
court as provided in this subdivision, and all other money received by the
court administrator.
(b) The court administrator shall provide the county treasurer with the
name of the municipality or other subdivision of government where the offense
was committed and the name and official position of the officer who prosecuted
the offense for each fine or penalty, and the total amount of fines or
penalties collected for each municipality or other subdivision of government or
for the county.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8282
(c) At the
beginning of the first day of any month the amount owing to any municipality or
county in the hands of the court administrator shall not exceed $5,000.
(d) On or before the last day of each month the county treasurer shall
pay over to the treasurer of each municipality or subdivision of government in
Hennepin County all fines or penalties collected during the previous month for
offenses committed within such municipality or subdivision of government,
except that all such fines and penalties attributable to cases in which the
county attorney had charge of the prosecution shall be retained by the county
treasurer and credited to the county general revenue fund.
(e) Amounts represented by checks issued by the court administrator or
received by the court administrator which have not cleared by the end of the
month may be shown on the monthly account as having been paid or received,
subject to adjustment on later monthly accounts.
(f) The court administrator may receive negotiable instruments in
payment of fines, penalties, fees or other obligations as conditional payments,
and is not held accountable for this until collection in cash is made and then
only to the extent of the net collection after deduction of the necessary
expense of collection.
Subd. 2. Fees payable to administrator.
(a) The civil fees payable to the administrator for services are
the same in amount as the fees then payable to the District Court of Hennepin
County for like services. Library and
filing fees are not required of the defendant in an eviction action. The fees payable to the administrator for
all other services of the administrator or the court shall be fixed by rules
promulgated by a majority of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written application.
(d) The following fees shall be taxed for all charges filed in court
where applicable:
(1) the state of Minnesota and any governmental subdivision within the
jurisdictional area of any district court herein established may present cases
for hearing before said district court;
(2) in the event the court takes jurisdiction of a prosecution for the
violation of a statute or ordinance by the state or a governmental subdivision
other than a city or town in Hennepin County, all fines, penalties, and
forfeitures collected shall be paid over to the treasurer of the governmental
subdivision which submitted charges for prosecution under ordinance violation
and to the county treasurer in all other charges except where a different
disposition is provided by law, in which case, payment shall be made to the
public official entitled thereto.
(e) The following fees shall be taxed to the county or to the state or
governmental subdivision which would be entitled to payment of the fines,
forfeiture or penalties in any case, and shall be paid to the court
administrator for disposing of the matter.
(1) For each charge where the defendant is brought into court and
pleads guilty and is sentenced, or the matter is otherwise disposed of without
trial, $5.
(2) In arraignments where the defendant waives a preliminary
examination, $10.
(3) For all other charges where the defendant stands trial or has a
preliminary examination by the court, $15.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8283
(f) This
paragraph applies to the distribution of fines paid by defendants without a court
appearance in response to a citation.
On or before the tenth day after the last day of the month in which the
money was collected, the county treasurer shall pay 80 percent of the fines to
the treasurer of the municipality or subdivision within the county where the
violation was committed. The remainder
of the fines shall be credited to the general revenue fund of the county.
EFFECTIVE DATE AND SUNSET. This section is effective July 1, 2006, and expires June 30,
2007.
Sec. 31. [484.841]
DISPOSITION OF FINES, FEES, AND OTHER MONEY ACCOUNTS; HENNEPIN COUNTY DISTRICT
COURT.
Subdivision 1. Disposition of fines,
fees and other money; accounts. (a)
Except as otherwise provided within this subdivision, and except as otherwise
provided by law, the court administrator shall pay all fines and penalties
collected by the court administrator, all fees collected by the court
administrator for court administrator's services, all sums forfeited to the
court as provided in this subdivision, and all other money received by the
court administrator to the subdivision of government entitled to it as follows
on or before the 20th day after the last day of the month in which the money
was collected. Eighty percent of all
fines and penalties collected during the previous month shall be paid to the
treasurer of the municipality or subdivision of government where the crime was
committed. The remainder of the fines
and penalties shall be credited to the general fund of the state. In all cases in which the county attorney
had charge of the prosecution, all fines and penalties shall be credited to the
state general fund.
(b) The court administrator
shall identify the name of the municipality or other subdivision of government
where the offense was committed and the total amount of fines or penalties
collected for each municipality or other subdivision of government, for the
county, or for the state.
(c) Amounts represented by
checks issued by the court administrator or received by the court administrator
which have not cleared by the end of the month may be shown on the monthly
account as having been paid or received, subject to adjustment on later monthly
accounts.
(d) The court administrator
may receive negotiable instruments in payment of fines, penalties, fees or
other obligations as conditional payments, and is not held accountable for this
until collection in cash is made and then only to the extent of the net
collection after deduction of the necessary expense of collection.
Subd. 2. Fees payable to administrator. (a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to
the District Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action.
The fees payable to the administrator for all other services of the
administrator or the court shall be fixed by rules promulgated by a majority of
the judges.
(b) Fees are payable to the
administrator in advance.
(c) Judgments will be entered
only upon written application.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 32. [484.85]
DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT
COURT.
(a) In the event the Ramsey County District Court takes jurisdiction of
a prosecution for the violation of a statute or ordinance by the state or a
governmental subdivision other than a city or town in Ramsey County, all fines,
penalties, and forfeitures collected shall be paid over to the county treasurer
except where a different disposition is provided by law, and the following fees
shall be taxed to the state or governmental subdivision other than a city or
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8284
town within
Ramsey County which would be entitled to payment of the fines, forfeitures, or
penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The
administrator shall deduct the fees from any fine collected for the state of
Minnesota or a governmental subdivision other than a city or town within Ramsey
County and transmit the balance in accordance with the law, and the deduction
of the total of the fees each month from the total of all the fines collected
is hereby expressly made an appropriation of funds for payment of the fees:
(1) in all cases where the defendant is brought into court and pleads
guilty and is sentenced, or the matter is otherwise disposed of without a
trial, $5;
(2) in arraignments where the defendant waives a preliminary
examination, $10;
(3) in all other cases where the defendant stands trial or has a
preliminary examination by the court, $15; and
(4) the court shall have the authority to waive the collection of fees
in any particular case.
(b) On or before the last day of each month, the county treasurer shall
pay over to the treasurer of the city of St. Paul two-thirds of all fines,
penalties, and forfeitures collected and to the treasurer of each other
municipality or subdivision of government in Ramsey County one-half of all
fines or penalties collected during the previous month from those imposed for
offenses committed within the treasurer's municipality or subdivision of
government in violation of a statute; an ordinance; or a charter provision,
rule, or regulation of a city. All
other fines and forfeitures and all fees and costs collected by the district
court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 33. [484.86] COURT DIVISIONS.
Subdivision 1. Authority. Subject
to the provisions of section 244.19 and rules of the Supreme Court, a court may
establish a probate division, a family court division, juvenile division, and a
civil and criminal division which shall include a conciliation court, and may
establish within the civil and criminal division a traffic and ordinance
violations bureau.
Subd. 2. Establishment. The
court may establish, consistent with Rule 23 of the Rules of Criminal
Procedure, misdemeanor violations bureaus at the places it determines.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 34. [484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN CRIMINAL
PROCEEDINGS.
Subdivision 1. Right to jury trial.
In any prosecution brought in a district court in which conviction of
the defendant for the offense charged could result in imprisonment, the
defendant has the right to a jury trial.
Subd. 2. Prosecuting attorneys in Hennepin and Ramsey Counties. In the counties of Hennepin and Ramsey,
except as otherwise provided in this subdivision and section 388.051,
subdivision 2, the attorney of the municipality in which the violation is
alleged to have occurred has charge of the prosecution of all violations of the
state laws, including violations which are gross misdemeanors, and municipal
charter provisions, ordinances, rules, and regulations triable in the district
court, and shall prepare complaints for the violations. The county attorney has charge of the
prosecution of a violation triable in district court and shall prepare a
complaint for the violation:
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8285
(1) if the
county attorney is specifically designated by law as the prosecutor for the
particular violation charged; or
(2) if the alleged violation is of state law and is alleged to have
occurred in a municipality or other subdivision of government whose population
according to the most recent federal decennial census is less than 2,500 and
whose governing body, or the town board in the case of a town, has accepted
this clause by majority vote, and if the defendant is cited or arrested by a
member of the staff of the sheriff of Hennepin County or by a member of the
State Patrol.
Clause (2) shall not apply to a municipality or other subdivision of
government whose population according to the most recent federal decennial
census is 2,500 or more, regardless of whether or not it has previously accepted
clause (2).
Subd. 3. Prosecuting attorneys. Except
as provided in subdivision 2 and as otherwise provided by law, violations of
state law that are petty misdemeanors or misdemeanors must be prosecuted by the
attorney of the statutory or home rule charter city where the violation is
alleged to have occurred, if the city has a population greater than 600. If a city has a population of 600 or less,
it may, by resolution of the city council, and with the approval of the board
of county commissioners, give the duty to the county attorney. In cities of the first, second, and third
class, gross misdemeanor violations of sections 609.52, 609.535, 609.595,
609.631, and 609.821 must be prosecuted by the attorney of the city where the
violation is alleged to have occurred.
The statutory or home rule charter city may enter into an agreement with
the county board and the county attorney to provide prosecution services for
any criminal offense. All other petty
misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the
county attorney of the county in which the alleged violation occurred. All violations of a municipal ordinance,
charter provision, rule, or regulation must be prosecuted by the attorney for
the governmental unit that promulgated the municipal ordinance, charter
provision, rule, or regulation, regardless of its population, or by the county
attorney with whom it has contracted to prosecute these matters.
In the counties of Anoka, Carver, Dakota, Scott, and Washington,
violations of state law that are petty misdemeanors, misdemeanors, or gross
misdemeanors except as provided in section 388.051, subdivision 2, must be
prosecuted by the attorney of the statutory or home rule charter city where the
violation is alleged to have occurred.
The statutory or home rule charter city may enter into an agreement with
the county board and the county attorney to provide prosecution services for
any criminal offense. All other petty
misdemeanors, misdemeanors, or gross misdemeanors must be prosecuted by the
county attorney of the county in which the alleged violation occurred. All violations of a municipal ordinance,
charter provision, rule, or regulation must be prosecuted by the attorney for
the governmental unit that promulgated the municipal ordinance, charter
provision, rule, or regulation or by the county attorney with whom it has
contracted to prosecute these matters.
Subd. 4. Presumption of innocence; conviction of lowest degree. In an action or proceeding charging a
violation of an ordinance of any subdivision of government in Hennepin County,
if such ordinance is the same or substantially the same as a state law, the
provisions of section 611.02 shall apply.
Subd. 5. Assistance of attorney general.
An attorney for a statutory or home rule charter city in the
metropolitan area, as defined in section 473.121, subdivision 2, may request,
and the attorney general may provide, assistance in prosecuting nonfelony
violations of section 609.66, subdivision 1; 609.666; 624.713, subdivision 2;
624.7131, subdivision 11; 624.7132, subdivision 15; 624.714, subdivision 1 or
10; 624.7162, subdivision 3; or 624.7181, subdivision 2.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8286
Sec. 35. [484.88]
COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO COUNTY.
A municipality or other subdivision of government seeking to use the
county attorney for violations enumerated in section 484.87, subdivision 2,
shall notify the county board of its intention to use the services of the
county attorney at least 60 days prior to the adoption of the board's annual
budget each year. A municipality may
enter into an agreement with the county board and the county attorney to
provide prosecution services for any criminal offense on a case-by-case basis.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 36. [484.89] ORDER FOR PRISON RELEASE.
When a person is confined to the Hennepin County Adult Correctional
Facility and a fine is remitted or a sentence is stayed or suspended, the
person released on parole, or the release of the person secured by payment of
the fine in default of which the person was committed, the prisoner shall not
be released except upon order of the court.
A written transcript of such order signed by the court administrator and
under the court's seal shall be furnished to the superintendent of the Hennepin
County Adult Correctional Facility. All
cost of confinement or imprisonment in any jail or correctional facility shall
be paid by the municipality or subdivision of government in Hennepin County in
which the violation occurred, except that the county shall pay all costs of
confinement or imprisonment incurred as a result of a prosecution of a gross
misdemeanor.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 37. [484.90] FEES PAYABLE TO COURT ADMINISTRATOR.
Subdivision 1. Fees. The fees
payable to the court administrator for the following services in petty
misdemeanors or criminal actions are governed by the following provisions:
In the event the court takes jurisdiction of a prosecution for the
violation of a statute or ordinance by the state or a governmental subdivision
other than a city or town within the county court district; all fines,
penalties and forfeitures collected shall be paid over to the treasurer of the
governmental subdivision which submitted a case for prosecution except where a
different disposition is provided by law, in which case payment shall be made
to the public official entitled thereto.
The following fees for services in petty misdemeanor or criminal actions
shall be taxed to the state or governmental subdivision which would be entitled
to payment of the fines, forfeiture or penalties in any case, and shall be
retained by the court administrator for disposing of the matter but in no case
shall the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct the
fees from any fine collected and transmit the balance in accordance with the
law, and the deduction of the total of such fees each month from the total of
all such fines collected is hereby expressly made an appropriation of funds for
payment of such fees:
(1) in all cases where the defendant pleads guilty at or prior to first
appearance and sentence is imposed or the matter is otherwise disposed of
without a trial, $5;
(2) where the defendant pleads guilty after first appearance or prior
to trial, $10;
(3) in all other cases where the defendant is found guilty by the court
or jury or pleads guilty during trial, $15; and
(4) the court shall have the authority to waive the collection of fees
in any particular case.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8287
The fees set
forth in this subdivision shall not apply to parking violations for which
complaints and warrants have not been issued.
Subd. 2. Miscellaneous fees. Fees
payable to the court administrator for all other services shall be fixed by
court rule.
Subd. 3. Payment in advance. Except
as provided in subdivision 1, fees are payable to the court administrator in
advance.
Subd. 4. Fines paid by check. Amounts
represented by checks issued by the court administrator or received by the
court administrator which have not cleared by the end of the month may be shown
on the monthly account as having been paid or received, subject to adjustment
on later monthly accounts.
Subd. 5. Checks. The court administrator may receive checks in
payment of fines, penalties, fees or other obligations as conditional payments,
and is not held accountable therefor until collection in cash is made and then
only to the extent of the net collection after deduction of the necessary
expense of collection.
Subd. 6. Allocation. The
court administrator shall provide the county treasurer with the name of the
municipality or other subdivision of government where the offense was committed
which employed or provided by contract the arresting or apprehending officer
and the name of the municipality or other subdivision of government which
employed the prosecuting attorney or otherwise provided for prosecution of the
offense for each fine or penalty and the total amount of fines or penalties
collected for each municipality or other subdivision of government. On or before the last day of each month, the
county treasurer shall pay over to the treasurer of each municipality or
subdivision of government within the county all fines or penalties for parking
violations for which complaints and warrants have not been issued and one third
of all fines or penalties collected during the previous month for offenses
committed within the municipality or subdivision of government from persons
arrested or issued citations by officers employed by the municipality or
subdivision or provided by the municipality or subdivision by contract. An additional one third of all fines or
penalties shall be paid to the municipality or subdivision of government
providing prosecution of offenses of the type for which the fine or penalty is
collected occurring within the municipality or subdivision, imposed for
violations of state statute or of an ordinance, charter provision, rule, or
regulation of a city whether or not a guilty plea is entered or bail is
forfeited. Except as provided in
section 299D.03, subdivision 5, or as otherwise provided by law, all other
fines and forfeitures and all fees and statutory court costs collected by the
court administrator shall be paid to the county treasurer of the county in
which the funds were collected who shall dispense them as provided by law. In a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), all other fines, forfeitures,
fees, and statutory court costs must be paid to the commissioner of finance for
deposit in the state treasury and credited to the general fund.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 38. [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
Subdivision 1. Establishment. Misdemeanor
violations bureaus shall be established in Minneapolis, a southern suburb
location, and at any other northern and western suburban locations dispersed
throughout the county as may be designated by a majority of the judges of the
court.
Subd. 2. Supervision. The
court shall supervise and the court administrator shall operate the misdemeanor
violations bureaus in accordance with Rule 23 of the Rules of Criminal
Procedure. Subject to approval by a
majority of the judges, the court administrator shall assign one or more deputy
court administrators to discharge and perform the duties of the bureau.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8288
Subd. 3. Uniform traffic ticket. The Hennepin County Board may alter by
deletion or addition the uniform traffic ticket, provided in section 169.99, in
such manner as it deems advisable for use in Hennepin County.
Subd. 4. Procedure by person receiving misdemeanor citation. A person who receives a misdemeanor or
petty misdemeanor citation shall proceed as follows:
(a) If a fine for the violation may be paid at the bureau without
appearance before a judge, the person charged may pay the fine in person or by
mail to the bureau within the time specified in the citation. Payment of the fine shall be deemed to be
the entry of a plea of guilty to the violation charged and a consent to the
imposition of a sentence for the violation in the amount of the fine paid. A receipt shall be issued to evidence the
payment and the receipt shall be satisfaction for the violation charged in that
citation.
(b) When a fine is not paid, the person charged must appear at a bureau
within the time specified in the citation, state whether the person desires to
enter a plea of guilty or not guilty, arrange for a date for arraignment in
court and appear in court for arraignment on the date set by the bureaus.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 39. [484.92] ADDITIONAL EMPLOYEES.
Subdivision 1. Bailiffs. The
sheriff of a county shall furnish to the district court deputies to serve as
bailiffs within the county as the court may request. The county board may, with the approval of the chief judge of the
district, contract with any municipality, upon terms agreed upon, for the
services of police officers of the municipality to act as bailiffs in the
county district court.
Nothing contained herein shall be construed to limit the authority of
the court to employ probation officers with the powers and duties prescribed in
section 244.19.
Subd. 2. Transcription of court proceedings. Electronic recording equipment may be used for the
purposes of Laws 1971, chapter 951, to record court proceedings in lieu of a
court reporter. However, at the request
of any party to any proceedings the court may in its discretion require the
proceedings to be recorded by a competent court reporter who shall perform such
additional duties as the court directs.
The salary of a reporter shall be set in accordance with the procedure
provided by sections 486.05 and 486.06.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 40. Minnesota Statutes
2005 Supplement, section 485.01, is amended to read:
485.01 APPOINTMENT; BOND;
DUTIES.
A clerk of the district court for each county within the judicial
district, who shall be known as the court administrator, shall be appointed by
a majority of the district court judges in the district. The clerk, before entering upon the
duties of office, shall give bond to the state, to be approved by the chief judge
of the judicial district, conditioned for the faithful discharge of official
duties. The bond, with An oath of
office, shall be recorded with the county recorder court
administrator. The clerk
court administrator shall perform all duties assigned by law and by the
rules of the court. The clerk
court administrator and all deputy clerks deputies must not
practice as attorneys in the court in which they are employed.
The duties, functions, and responsibilities which have been and may be
required by law or rule to be performed by the clerk of district court shall be
performed by the court administrator.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8289
Sec. 41. Minnesota Statutes 2004, section 485.018,
subdivision 5, is amended to read:
Subd. 5. Collection of fees. The
court administrator of district court shall charge and collect all fees as
prescribed by law and all such fees collected by the court administrator as
court administrator of district court shall be paid to the county treasurer
Department of Finance. Except for
those portions of forfeited bail paid to victims pursuant to existing law, the county
treasurer court administrator shall forward all revenue from fees
and forfeited bail collected under chapters 357, 487, and 574 to the
commissioner of finance for deposit in the state treasury and credit to the
general fund, unless otherwise provided in chapter 611A or other law, in the
manner and at the times prescribed by the commissioner of finance, but not less
often than once each month. If the
defendant or probationer is located after forfeited bail proceeds have been
forwarded to the commissioner of finance, the commissioner of finance shall
reimburse the county, on request, for actual costs expended for extradition,
transportation, or other costs necessary to return the defendant or probationer
to the jurisdiction where the bail was posted, in an amount not more than the
amount of forfeited bail. The court
administrator of district court shall not retain any additional compensation,
per diem or other emolument for services as court administrator of district
court, but may receive and retain mileage and expense allowances as prescribed
by law.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 42. Minnesota Statutes
2004, section 485.021, is amended to read:
485.021 INVESTMENT OF FUNDS
DEPOSITED WITH COURT ADMINISTRATOR.
When money is paid into court pursuant to court order, the court
administrator of district court, unless the court order specifies otherwise,
may place such moneys with the county treasurer Department of Finance
for investment, as provided by law.
When such moneys are subsequently released, or otherwise treated, by
court order, the same shall be immediately paid over by the county treasurer to
the court administrator of district court who shall then fulfill the direction
of the court order relative to such moneys.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 43. Minnesota Statutes
2005 Supplement, section 485.03, is amended to read:
485.03 DEPUTIES.
(a) The county board shall determine the number of permanent full time
deputies, clerks and other employees in the office of the court administrator
of district court and shall fix the compensation for each position. The county board shall also budget for
temporary deputies and other employees and shall fix their rates of
compensation. This paragraph does not
apply to a county in a judicial district under section 480.181, subdivision 1,
paragraph (b).
(b) The court administrator shall appoint in writing the deputies and
other employees, for whose acts the court administrator shall be responsible,
and whom the court administrator may remove at pleasure. Before each enters upon official duties, the
appointment and oath of each shall be recorded with the county recorder court
administrator.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8290
Sec. 44. Minnesota Statutes 2005 Supplement, section
485.05, is amended to read:
485.05 DEPUTY COURT
ADMINISTRATOR IN ST. LOUIS COUNTY.
In all counties in the state now or hereafter having a population of
more than 150,000 and wherein regular terms of the district court are held in
three or more places, the court administrator of the district court therein, by
an instrument in writing, under the court administrator's hand and seal, and
with the approval of the district judge of the judicial district in which said
county is situated, or, if there be more than one such district judge, with the
approval of a majority thereof, may appoint deputies for whose acts the court
administrator shall be responsible, such deputies to hold office as such until
they shall be removed therefrom, which removal shall not be made except with
the approval of the district judge or judges.
The appointment and oath of every such deputy shall be recorded with the
county recorder court administrator.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 45. Minnesota Statutes
2004, section 485.11, is amended to read:
485.11 PRINTED CALENDARS.
The court administrator of the district court in each of the several
counties of this state shall provide calendars either printed or otherwise
duplicated of the cases to be tried at the general terms thereof at the
expense of the counties where such court is held. This section shall not apply to a county where only one term of
court is held each year.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 46. Minnesota Statutes
2004, section 517.041, is amended to read:
517.041 POWER TO APPOINT
COURT COMMISSIONER; DUTY.
The county court of the combined county court district of Benton and
Stearns may appoint as court commissioner a person who was formerly employed by
that county court district as a court commissioner.
The county court of the Third or Fifth Judicial Districts
District may appoint as court commissioner for Brown, Dodge, Fillmore
and Olmsted Counties respectively a person who was formerly employed by those
counties as a court commissioner.
The sole duty of an appointed court commissioner is to solemnize
marriages.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 47. Minnesota Statutes
2004, section 518.157, subdivision 2, is amended to read:
Subd. 2. Minimum standards; plan.
The Minnesota Supreme Court should promulgate minimum standards for the
implementation and administration of a parent education program. The chief judge of each judicial district
or a designee shall submit a plan to the Minnesota conference of chief judges
for their approval that is designed to implement and administer a parent
education program in the judicial district.
The plan must be consistent with the minimum standards promulgated by
the Minnesota Supreme Court.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8291
Sec. 48. Minnesota Statutes 2004, section 518B.01, is
amended by adding a subdivision to read:
Subd. 19a. Entry and enforcement
of foreign protective orders. (a)
As used in this subdivision, "foreign protective order" means an
order for protection entered by a court of another state; an order by an Indian
tribe or United States territory that would be a protective order entered under
this chapter; a temporary or permanent order or protective order to exclude a
respondent from a dwelling; or an order that establishes conditions of release
or is a protective order or sentencing order in a criminal prosecution arising
from a domestic abuse assault if it had been entered in Minnesota.
(b) A person for whom a
foreign protection order has been issued or the issuing court or tribunal may
provide a certified or authenticated copy of a foreign protective order to the
court administrator in any county that would have venue if the original action
was being commenced in this state or in which the person in whose favor the
order was entered may be present, for filing and entering of the same into the
state order for protection database.
(c) The court administrator
shall file and enter foreign protective orders that are not certified or
authenticated, if supported by an affidavit of a person with personal
knowledge, subject to the penalties for perjury. The person protected by the order may provide this affidavit.
(d) The court administrator
shall provide copies of the order as required by this section.
(e) A valid foreign
protective order has the same effect and shall be enforced in the same manner
as an order for protection issued in this state whether or not filed with a
court administrator or otherwise entered in the state order for protection
database.
(f) A foreign protective
order is presumed valid if it meets all of the following:
(1) the order states the
name of the protected individual and the individual against whom enforcement is
sought;
(2) the order has not
expired;
(3) the order was issued by
a court or tribunal that had jurisdiction over the parties and subject matter
under the law of the foreign jurisdiction; and
(4) the order was issued in
accordance with the respondent's due process rights, either after the
respondent was provided with reasonable notice and an opportunity to be heard
before the court or tribunal that issued the order, or in the case of an ex
parte order, the respondent was granted notice and an opportunity to be heard
within a reasonable time after the order was issued.
(g) Proof that a foreign
protective order failed to meet all of the factors listed in paragraph (f) is
an affirmative defense in any action seeking enforcement of the order.
(h) A peace officer shall
treat a foreign protective order as a valid legal document and shall make an
arrest for a violation of the foreign protective order in the same manner that
a peace officer would make an arrest for a violation of a protective order
issued within this state.
(i) The fact that a foreign
protective order has not been filed with the court administrator or otherwise
entered into the state order for protection database shall not be grounds to
refuse to enforce the terms of the order unless it is apparent to the officer
that the order is invalid on its face.
(j) A peace officer acting
reasonably and in good faith in connection with the enforcement of a foreign
protective order is immune from civil and criminal liability in any action
arising in connection with the enforcement.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8292
(k) Filing and
service costs in connection with foreign protective orders are waived.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 49. Minnesota Statutes 2004, section 546.27,
subdivision 2, is amended to read:
Subd. 2. Board
of judicial standards review. At
least annually, the board on judicial standards shall review the compliance of
each district, county, or municipal judge with the provisions of
subdivision 1. To facilitate this review,
the director of the state judicial information system shall notify the
executive secretary of the state board on judicial standards when a matter
exceeds 90 days without a disposition.
The board shall notify the commissioner of finance of each judge not in
compliance. If the board finds that a
judge has compelling reasons for noncompliance, it may decide not to issue the
notice. Upon notification that a judge
is not in compliance, the commissioner of finance shall not pay the salary of
that judge. The board may cancel a
notice of noncompliance upon finding that a judge is in compliance, but in no
event shall a judge be paid a salary for the period in which the notification
of noncompliance was in effect.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 50. Minnesota Statutes 2004, section 609.101,
subdivision 4, is amended to read:
Subd. 4. Minimum
fines; other crimes.
Notwithstanding any other law:
(1) when a court sentences a
person convicted of a felony that is not listed in subdivision 2 or 3, it must
impose a fine of not less than 30 percent of the maximum fine authorized by law
nor more than the maximum fine authorized by law; and
(2) when a court sentences a
person convicted of a gross misdemeanor or misdemeanor that is not listed in
subdivision 2, it must impose a fine of not less than 30 percent of the maximum
fine authorized by law nor more than the maximum fine authorized by law, unless
the fine is set at a lower amount on a uniform fine schedule established by the
conference of chief judges Judicial Council in consultation with
affected state and local agencies. This
schedule shall be promulgated not later than September 1 of each year and shall
become effective on January 1 of the next year unless the legislature, by law,
provides otherwise.
The minimum fine required by
this subdivision is in addition to the surcharge or assessment required by
section 357.021, subdivision 6, and is in addition to any sentence of
imprisonment or restitution imposed or ordered by the court.
The court shall collect the
fines mandated in this subdivision and, except for fines for traffic and motor
vehicle violations governed by section 169.871 and section 299D.03 and fish and
game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 51. Minnesota Statutes 2004, section 629.74, is
amended to read:
629.74 PRETRIAL BAIL EVALUATION.
The local corrections department or its designee shall conduct a
pretrial bail evaluation of each defendant arrested and detained for committing
a crime of violence as defined in section 624.712, subdivision 5, a gross
misdemeanor violation of section 609.224 or 609.2242, or a nonfelony violation
of section 518B.01, 609.2231, 609.3451, 609.748, or 609.749. In cases where the defendant requests
appointed counsel, the evaluation shall
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8293
include completion
of the financial statement required by section 611.17. The local corrections department shall be
reimbursed $25 by the Department of Corrections for each evaluation performed. The conference of chief judges,
Judicial Council in consultation with the Department of Corrections, shall
approve the pretrial evaluation form to be used in each county.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 52. Minnesota Statutes
2004, section 641.25, is amended to read:
641.25 DISTRICT JAILS; HOW
DESIGNATED.
The commissioner of corrections, with the consent of the county board,
may designate any suitable jail in the state as a district jail, to be used for
the detention of prisoners from other counties in addition to those of its
own. If the jail or its management
becomes unfit for that purpose, the commissioner may rescind its
designation. Whenever there is no
sufficient jail in any county, the examining county or municipal judge,
or upon the judge's own motion, or the judge of the district court,
upon application of the sheriff, may order any person charged with a criminal
offense committed to a sufficient jail in some other county. If there is a district jail in the judicial
district, the charged person shall be sent to it, or to any other nearer
district jail designated by the judge.
The sheriff of the county containing the district jail, on presentation
of the order, shall receive, keep in custody, and deliver the charged person up
upon the order of the court or a judge.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 53. Laws 2002, chapter
266, section 1, as amended by Laws 2004, chapter 290, section 38, is amended to
read:
Section 1. DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT EXTENSION.
The fourth judicial district may extend the duration of the pilot
project authorized by Laws 1999, chapter 216, article 2, section 27, and Laws
2000, chapter 468, sections 29 to 32, until December 31, 2006 2008. If the pilot project is extended, the
domestic fatality review team shall submit a report on the project to the
legislature by January 15, 2007 2009.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 54. REPEALER.
Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545,
subdivisions 2 and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018,
subdivisions 2, 6, and 8; 485.12; 487.01; 487.02; 487.03; 487.04; 487.07;
487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191;
487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 487.27; 487.28; 487.29; 487.31;
487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; 488A.01; 488A.021;
488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; 488A.10; 488A.101;
488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 488A.18; 488A.19;
488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 488A.28; 488A.282;
488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; 525.015;
525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081;
525.082; 525.09; and 625.09, and Minnesota Statutes 2005 Supplement, sections
353.027; and 485.03, are repealed.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8294
ARTICLE 6
EMERGENCY COMMUNICATIONS
Section 1. Minnesota Statutes
2004, section 237.49, is amended to read:
237.49 COMBINED LOCAL ACCESS
SURCHARGE.
Each local telephone company shall collect from each subscriber an
amount per telephone access line representing the total of the surcharges
required under sections 237.52, 237.70, and 403.11. Amounts collected must be remitted to the commissioner of public
safety in the manner prescribed in section 403.11. The commissioner of public safety shall divide the amounts
received proportional to the individual surcharges and deposit them in
the appropriate accounts. The
commissioner of public safety may recover from the agencies receiving the
surcharges the personnel and administrative costs to collect and distribute the
surcharge. A company or the billing
agent for a company shall list the surcharges as one amount on a billing
statement sent to a subscriber.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 2. Minnesota Statutes
2004, section 403.02, is amended by adding a subdivision to read:
Subd. 19a. Secondary public safety answering point. "Secondary public safety answering
point" means a communications facility that: (1) is operated on a 24-hour
basis, in which a minimum of three public safety answering points (PSAP's)
route calls for postdispatch or prearrival instructions; (2) receives calls
directly from medical facilities to reduce call volume at the PSAP's; and (3)
is able to receive 911 calls routed to it from a PSAP when the PSAP is unable
to receive or answer 911 calls.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 3. Minnesota Statutes 2005
Supplement, section 403.025, subdivision 7, is amended to read:
Subd. 7. Contractual requirements.
(a) The state, together shall contract with the county or
other governmental agencies operating public safety answering points, shall
contract and with the appropriate wire-line telecommunications
service providers or other entities determined by the commissioner to be
capable of providing effective and efficient components of the 911 system for
the operation, maintenance, enhancement, and expansion of the 911 system.
(b) The state shall contract with the appropriate wireless
telecommunications service providers for maintaining, enhancing, and expanding
the 911 system.
(c) The contract language or subsequent amendments to the contract must
include a description of the services to be furnished to the county or other
governmental agencies operating public safety answering points. The contract language or subsequent
amendments must include the terms of compensation based on the effective tariff
or price list filed with the Public Utilities Commission or the prices agreed
to by the parties.
(d) The contract language or subsequent amendments to contracts between
the parties must contain a provision for resolving disputes.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8295
Sec. 4. Minnesota Statutes 2005 Supplement, section
403.05, subdivision 3, is amended to read:
Subd. 3. Agreements for service.
Each county and or any other governmental agency shall
contract with the state and wire-line telecommunications service providers
or other entities determined by the commissioner to be capable of providing
effective and efficient components of the 911 system for the recurring and
nonrecurring costs associated with operating and maintaining 911 emergency
communications systems. If requested
by the county or other governmental agency, the county or agency is entitled to
be a party to any contract between the state and any wire-line
telecommunications service provider or 911 emergency telecommunications service
provider providing components of the 911 system within the county.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 5. Minnesota Statutes
2004, section 403.08, subdivision 7, is amended to read:
Subd. 7. Duties. Each wireless
telecommunications service provider shall cooperate in planning and
implementing integration with enhanced 911 systems operating in their service
territories to meet Federal Communications Commission-enhanced 911
standards. By August 1, 1997, each
911 emergency telecommunications service provider operating enhanced 911
systems, in cooperation with each involved Each wireless
telecommunications service provider, shall annually develop and
provide to the commissioner good-faith estimates of installation and recurring
expenses to integrate wireless 911 service into the enhanced 911 networks to
meet Federal Communications Commission phase one wireless enhanced 911
standards. The commissioner shall
coordinate with counties and affected public safety agency representatives in
developing a statewide design and plan for implementation.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 6. Minnesota Statutes 2005
Supplement, 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, plus to offset administrative and staffing costs of the
commissioner related to managing the 911 emergency telecommunications service
program. Recurring charges by a
wire-line telecommunications service provider for updating the information
required by section 403.07, subdivision 3, must be paid by the commissioner if
the wire-line telecommunications service provider is included in an approved
911 plan and the charges are made pursuant to contract. The fee assessed under this section must
also be used for the purpose of offsetting, 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.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8296
(c) The fee may not
be less than eight cents nor more than 65 cents a month 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 must be paid 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, 2006.
Sec. 7. Minnesota Statutes 2005
Supplement, section 403.11, subdivision 3, is amended to read:
Subd. 3. Method of payment. (a) Any
wireless or wire-line telecommunications service provider incurring
reimbursable costs under subdivision 1 shall submit an invoice itemizing rate
elements by county or service area to the commissioner for 911 services
furnished under contract. Any wireless
or wire-line telecommunications service provider is eligible to receive payment
for 911 services rendered according to the terms and conditions specified in
the contract. Competitive local
exchange carriers holding certificates of authority from the Public Utilities
Commission are eligible to receive payment for recurring 911 services provided
after July 1, 2001. The
commissioner shall pay the invoice within 30 days following receipt of the
invoice unless the commissioner notifies the service provider that the
commissioner disputes the invoice.
(b) The commissioner shall estimate the amount required to reimburse
911 emergency telecommunications service providers and wireless and wire-line
telecommunications service providers for the state's obligations under
subdivision 1 and the governor shall include the estimated amount in the
biennial budget request.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 8. Minnesota Statutes 2005
Supplement, section 403.11, subdivision 3a, is amended to read:
Subd. 3a. Timely certification invoices. A certification An invoice for
services provided for in the contract with a wireless or wire-line
telecommunications service provider must be submitted to the commissioner
no later than one year 90 days after commencing a new or
additional eligible 911 service. Each
applicable contract must provide that, if certified expenses under the contract
deviate from estimates in the contract by more than ten percent, the
commissioner may reduce the level of service without incurring any termination
fees.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8297
Sec. 9. Minnesota Statutes 2004, section 403.11,
subdivision 3b, is amended to read:
Subd. 3b. Certification Declaration. All If the commissioner disputes an invoice, the
wireless and wire-line telecommunications service providers shall submit a self-certification
form declaration under section 16A.41 signed by an officer of the
company to the commissioner with the invoices for payment of an
initial or changed service described in the service provider's 911
contract. The self-certification
shall sworn declaration must specifically describe and affirm that
the 911 service contracted for is being provided and the costs invoiced for the
service are true and correct. All
certifications are subject to verification and audit. When a wireless or wire-line
telecommunications service provider fails to provide a sworn declaration within
90 days of notice by the commissioner that the invoice is disputed, the
disputed amount of the invoice must be disallowed.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 10. Minnesota Statutes
2004, section 403.11, subdivision 3c, is amended to read:
Subd. 3c. Audit. If the commissioner
determines that an audit is necessary to document the certification
described invoice and sworn declaration in subdivision 3b, the
wireless or wire-line telecommunications service provider must contract with an
independent certified public accountant to conduct the audit. The audit must be conducted according to
generally accepted accounting principles.
The wireless or wire-line telecommunications service provider is
responsible for any costs associated with the audit.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 11. Minnesota Statutes
2005 Supplement, section 403.113, subdivision 1, is amended to read:
Subdivision 1. Fee.
(a) Each customer receiving service from a wireless or wire-line switched
or packet-based telecommunications service provider connected to the public
telephone network that furnishes service capable of originating a 911 emergency
telephone call is assessed a fee A portion of the fee collected under
section 403.11 must be used to fund implementation, operation, maintenance,
enhancement, and expansion of enhanced 911 service, including acquisition of
necessary equipment and the costs of the commissioner to administer the
program. The actual fee assessed
under section 403.11 and the enhanced 911 service fee must be collected as one
amount and may not exceed the amount specified in section 403.11, subdivision
1, paragraph (c).
(b) The enhanced 911 service fee must be collected and deposited in the
same manner as the fee in section 403.11 and used solely for the purposes of
paragraph (a) and subdivision 3.
(c) The commissioner, in consultation with counties and 911 system
users, shall determine the amount of the enhanced 911 service fee. The commissioner shall inform wireless and
wire-line telecommunications service providers that provide service capable of
originating a 911 emergency telephone call of the total amount of the 911
service fees in the same manner as provided in section 403.11.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 12. Minnesota Statutes
2004, section 403.113, subdivision 3, is amended to read:
Subd. 3. Local expenditures. (a)
Money distributed under subdivision 2 for enhanced 911 service may be spent on
enhanced 911 system costs for the purposes stated in subdivision 1,
paragraph (a). In addition, money
may be spent to lease, purchase, lease-purchase, or maintain enhanced 911
equipment, including telephone equipment; recording equipment; computer
hardware; computer software for database provisioning, addressing, mapping, and
any other software necessary for automatic location identification or local
location identification; trunk lines;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8298
selective routing
equipment; the master street address guide; dispatcher public safety answering
point equipment proficiency and operational skills; pay for long-distance
charges incurred due to transferring 911 calls to other jurisdictions; and the
equipment necessary within the public safety answering point for community
alert systems and to notify and communicate with the emergency services
requested by the 911 caller.
(b) Money distributed for enhanced 911 service may not be spent on:
(1) purchasing or leasing of real estate or cosmetic additions to or
remodeling of communications centers;
(2) mobile communications vehicles, fire engines, ambulances, law
enforcement vehicles, or other emergency vehicles;
(3) signs, posts, or other markers related to addressing or any costs
associated with the installation or maintenance of signs, posts, or markers.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 13. Minnesota Statutes
2004, section 403.21, subdivision 2, is amended to read:
Subd. 2. Board. "Board" or
"radio board" or "Metropolitan Radio Board" means
the Metropolitan Statewide Radio Board or its successor
regional radio board.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 14. Minnesota Statutes
2004, section 403.21, subdivision 7, is amended to read:
Subd. 7. Plan. "Plan" or
"regionwide public safety radio system communication plan" means the
a plan adopted by the Metropolitan Radio Board for a regionwide public
safety radio communications system.
a regional radio board.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 15. Minnesota Statutes
2005 Supplement, section 403.21, subdivision 8, is amended to read:
Subd. 8. Subsystems.
"Subsystems" or "public safety radio subsystems"
means systems identified in the plan or a plan developed under section 403.36
as subsystems interconnected by the system backbone and operated by the
Metropolitan Radio Board, a regional radio board, or local
government units for their own internal operations.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 16. Minnesota Statutes
2004, section 403.21, subdivision 9, is amended to read:
Subd. 9. System backbone.
"System backbone" or "backbone" means a public
safety radio communication system that consists of a shared, trunked,
communication, and interoperability infrastructure network, including, but not
limited to, radio towers and associated structures and equipment, the elements
of which are identified in the regionwide public safety radio communication
system plan under section 403.23, subdivision 6, and the statewide radio
communication plan under section 403.36.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8299
Sec. 17. Minnesota Statutes 2004, section 403.33, is
amended to read:
403.33 LOCAL PLANNING.
Subdivision 1. County
planning process. (a) No later than
two years from May 22, 1995, each metropolitan county shall undertake and
complete a planning process for its public safety radio subsystem to ensure
participation by representatives of local government units, quasi-public
service organizations, and private entities eligible to use the regional public
safety radio system and to ensure coordination and planning of the local
subsystems. Local governments and other
eligible users shall cooperate with the county in its preparation of the
subsystem plan to ensure that local needs are met.
(b) The regional radio
board for the metropolitan area shall encourage the establishment by
each metropolitan county of local public safety radio subsystem committees
composed of representatives of local governments and other eligible users for
the purposes of:
(1) establishing a plan for
coordinated and timely use of the regionwide public safety radio system by the
local governments and other eligible users within each metropolitan county; and
(2) assisting and advising
the regional radio board for the metropolitan area in its
implementation of the regional public safety radio plan by identification of
local service needs and objectives.
(c) The regional radio board
for the metropolitan area shall also encourage the establishment of
joint or multicounty planning for the regionwide public safety radio system and
subsystems.
(d) The regional radio board
for the metropolitan area may provide local boards with whatever
assistance it deems necessary and appropriate.
(e) No metropolitan county
or city of the first class shall be required to undertake a technical subsystem
design to meet the planning process requirements of this subdivision or
subdivision 2.
Subd. 2. Cities
of first class; planning process.
Each city of the first class in the metropolitan counties shall have the
option to participate in the county public safety radio subsystem planning
process or develop its own plan.
Subd. 3. Submission
of plans to board. Each
metropolitan county and each city of the first class in the metropolitan area
which has chosen to develop its own plan shall submit the plan to the regional
radio board for the metropolitan area for the board's review and
approval.
Subd. 4. Local
government joinder. Local
government units, except for cities of the first class, quasi-public service
organizations, and private entities eligible to use the regional public safety
radio system cannot join the system until its county plan has been approved by
the regional radio board for the metropolitan area.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 18. Minnesota Statutes
2004, section 403.34, is amended to read:
403.34 OPTIONAL LOCAL USE OF
REGIONAL STATEWIDE SYSTEM.
Subdivision 1. Options. Use of the regional statewide public safety radio
system by local governments, quasi-public service organizations, and private
entities eligible to use the system shall be optional and no local government
or other eligible user of the system shall be required to abandon or modify
current public safety radio communication systems or purchase new equipment
until the local government or other eligible user elects to join
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8300
the system. Public safety radio communication service to
local governments and other eligible users who do not initially join the system
shall not be interrupted. No local government
or other eligible users who do not join the system shall be charged a user fee
for the use of the system.
Subd. 2. Requirements to join. Local
governments and other entities eligible to join the regional statewide
public safety radio system which elect to join the system must do so in
accordance with and meet the requirements of the provisions of the plan adopted
by the radio board as provided in section 403.23, subdivision 2
403.36.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 19. Minnesota Statutes
2005 Supplement, section 403.36, subdivision 1, is amended to read:
Subdivision 1. Membership. (a) The commissioner of public safety shall convene and chair the
Statewide Radio Board to develop a project plan for a statewide, shared,
trunked public safety radio communication system. The system may be referred to as "Allied Radio Matrix for
Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the commissioner of health;
(7)
(6) the commissioner of finance;
(7) the chair of the Metropolitan Council;
(8) two elected city officials, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing body of the
League of Minnesota Cities;
(9) two elected county officials, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing body of the
Association of Minnesota Counties;
(10) two sheriffs, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governing body of the Minnesota
Sheriffs' Association;
(11) two chiefs of police, one from the nine-county metropolitan area
and one from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Chiefs' of Police Association;
(12) two fire chiefs, one from the nine-county metropolitan area and
one from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Fire Chiefs' Association;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8301
(13) two
representatives of emergency medical service providers, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governor after considering recommendations made by the Minnesota Ambulance
Association;
(14) the chair of the Metropolitan regional radio board
for the metropolitan area; and
(15) a representative of Greater Minnesota elected by those units of
government in phase three and any subsequent phase of development as defined in
the statewide, shared radio and communication plan, who have submitted a plan
to the Statewide Radio Board and where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board
members representing Greater Minnesota with the appointing authorities and may
designate the geographic region or regions from which an appointed board member
is selected where necessary to provide representation from throughout the
state.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 20. Minnesota Statutes
2004, section 403.36, subdivision 1f, is amended to read:
Subd. 1f. Advisory groups. (a) The
Statewide Radio Board shall establish one or more advisory groups for the
purpose of advising on the plan, design, implementation, and administration of
the statewide, shared trunked radio and communication system.
(b) At least one such group must consist of the following members:
(1) the chair of the Metropolitan Radio Board and the chair of
each regional radio board or, if no regional radio board has been formed, a
representative of each region of development as defined in the statewide,
shared, trunked radio and communication plan, once planning and development
have been initiated for the region, or a designee;
(2) the chief of the Minnesota State Patrol or a designee;
(3) a representative of the Minnesota State Sheriffs' Association;
(4) a representative of the Minnesota Chiefs of Police Association;
(5) a representative of the Minnesota Fire Chiefs' Association; and
(6) a representative of the Emergency Medical Services Board.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 21. REPEALER.
Minnesota Statutes 2004, sections 403.08, subdivision 8; 403.22;
403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3;
403.30, subdivisions 2 and 4; and 403.35 are repealed.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8302
ARTICLE 7
FRAUDULENT OR IMPROPER FINANCING STATEMENTS
Section 1. Minnesota Statutes
2004, section 358.41, is amended to read:
358.41 DEFINITIONS.
As used in sections 358.41 to 358.49:
(1) "Notarial act" means any act that a notary public of this
state is authorized to perform, and includes taking an acknowledgment,
administering an oath or affirmation, taking a verification upon oath or
affirmation, witnessing or attesting a signature, certifying or attesting a
copy, and noting a protest of a negotiable instrument. A notary public may perform a notarial
act by electronic means.
(2) "Acknowledgment" means a declaration by a person that the
person has executed an instrument or electronic record for the purposes
stated therein and, if the instrument or electronic record is executed
in a representative capacity, that the person signed the instrument with proper
authority and executed it as the act of the person or entity represented and
identified therein.
(3) "Verification upon oath or affirmation" means a
declaration that a statement is true made by a person upon oath or affirmation.
(4) "In a representative capacity" means:
(i) for and on behalf of a corporation, partnership, trust, or other
entity, as an authorized officer, agent, partner, trustee, or other
representative;
(ii) as a public officer, personal representative, guardian, or other
representative, in the capacity recited in the instrument;
(iii) as an attorney in fact for a principal; or
(iv) in any other capacity as an authorized representative of another.
(5) "Notarial officer" means a notary public or other officer
authorized to perform notarial acts.
(6) "Electronic signature" means an electronic sound, symbol,
or process attached to or logically associated with a record and executed or
adopted by a person with the intent to sign the record.
(7) "Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8303
Sec. 2. Minnesota Statutes 2004, section 358.42, is
amended to read:
358.42 NOTARIAL ACTS.
(a) In taking an
acknowledgment, the notarial officer must determine, either from personal
knowledge or from satisfactory evidence, that the person appearing before the
officer and making the acknowledgment is the person whose true signature is on
the instrument or electronic record.
(b) In taking a verification
upon oath or affirmation, the notarial officer must determine, either from
personal knowledge or from satisfactory evidence, that the person appearing
before the officer and making the verification is the person whose true
signature is on the statement verified.
(c) In witnessing or
attesting a signature the notarial officer must determine, either from personal
knowledge or from satisfactory evidence, that the signature is that of the
person appearing before the officer and named therein.
(d) In certifying or
attesting a copy of a document, electronic record, or other item, the
notarial officer must determine that the proffered copy is a full, true, and
accurate transcription or reproduction of that which was copied.
(e) In making or noting a
protest of a negotiable instrument or electronic record the notarial
officer must determine the matters set forth in section 336.3-505.
(f) A notarial officer has
satisfactory evidence that a person is the person whose true signature is on a
document or electronic record if that person (i) is personally known to
the notarial officer, (ii) is identified upon the oath or affirmation of a
credible witness personally known to the notarial officer, or (iii) is
identified on the basis of identification documents.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 3. Minnesota Statutes 2004, section 358.47, is
amended to read:
358.47 CERTIFICATE OF NOTARIAL ACTS.
(a) A notarial act must be
evidenced by a certificate physically or electronically signed and dated
by a notarial officer in a manner that attributes such signature to the
notary public identified on the commission. The certificate must include identification of the jurisdiction
in which the notarial act is performed and the title of the office of the
notarial officer and may include the official stamp or seal of office, or
the notary's electronic seal. If
the officer is a notary public, the certificate must also indicate the date of
expiration, if any, of the commission of office, but omission of that
information may subsequently be corrected.
If the officer is a commissioned officer on active duty in the military
service of the United States, it must also include the officer's rank.
(b) A certificate of a
notarial act is sufficient if it meets the requirements of subsection (a) and
it:
(1) is in the short form set
forth in section 358.48;
(2) is in a form otherwise
prescribed by the law of this state;
(3) is in a form prescribed
by the laws or regulations applicable in the place in which the notarial act
was performed; or
(4) sets forth the actions
of the notarial officer and those are sufficient to meet the requirements of
the designated notarial act.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8304
(c) By executing a
certificate of a notarial act, the notarial officer certifies that the officer
has made the determinations required by section 358.42.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 4. Minnesota Statutes
2004, section 358.50, is amended to read:
358.50 EFFECT OF
ACKNOWLEDGMENT.
An acknowledgment made in a representative capacity for and on behalf
of a corporation, partnership, trust, or other entity and certified
substantially in the form prescribed in this chapter is prima facie evidence
that the instrument or electronic record was executed and delivered with
proper authority.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 5. Minnesota Statutes
2004, section 359.01, is amended by adding a subdivision to read:
Subd. 5. Registration to perform electronic notarizations. Before performing electronic notarial
acts, a notary public shall register the capability to notarize electronically
with the secretary of state. Before
performing electronic notarial acts after recommissioning, a notary public
shall reregister with the secretary of state.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 6. Minnesota Statutes
2004, section 359.03, subdivision 3, is amended to read:
Subd. 3. Specifications. The seal of
every notary public may be affixed by a stamp that will print a seal which
legibly reproduces under photographic methods the seal of the state of
Minnesota, the name of the notary, the words "Notary Public," and the
words "My commission expires ...............," with the expiration
date shown thereon or may be an electronic form. The A physical seal used to
authenticate a paper document shall be a rectangular form of not more than
three-fourths of an inch vertically by 2-1/2 inches horizontally, with a
serrated or milled edge border, and shall contain the information required by
this subdivision.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 7. Minnesota Statutes
2004, section 359.03, is amended by adding a subdivision to read:
Subd. 4. Electronic seal. A
notary's electronic seal shall contain the notary's name, jurisdiction, and
commission expiration date, and shall be logically and securely affixed to or
associated with the electronic record being notarized.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 8. Minnesota Statutes
2004, section 359.04, is amended to read:
359.04 POWERS.
Every notary public so appointed, commissioned, and qualified shall
have power throughout this state to administer all oaths required or authorized
to be administered in this state; to take and certify all depositions to be
used in any of the courts of this state; to take and certify all
acknowledgments of deeds, mortgages, liens, powers of attorney, and other
instruments in writing or electronic records; and to receive, make out,
and record notarial protests.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8305
Sec. 9. Minnesota Statutes 2004, section 359.05, is
amended to read:
359.05 DATE OF EXPIRATION OF
COMMISSION AND NAME TO BE ENDORSED.
Every notary public, except in cases provided in section 359.03,
subdivision 3, taking an acknowledgment of an instrument, taking a deposition,
administering an oath, or making a notarial protest, shall, immediately
following the notary's physical or electronic signature to the jurat or
certificate of acknowledgment, endorse the date of the expiration of the
commission; such endorsement may be legibly written, stamped, or printed
upon the instrument, but must be disconnected from the seal, and shall be
substantially in the following form: "My commission expires ............,
....." Except in cases provided in section 359.03, subdivision 3, every
notary public, in addition to signing the jurat or certificate of
acknowledgment, shall, immediately following the signature and immediately
preceding the official description, endorse thereon the notary's name with a
typewriter or, print the same legibly with a stamp or, with
pen and ink, or affix by electronic means; provided that the failure so
to endorse or print the name shall not invalidate any jurat or certificate of
acknowledgment.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 10. Minnesota Statutes
2004, section 359.085, is amended to read:
359.085 STANDARDS OF CONDUCT
FOR NOTARIAL ACTS.
Subdivision 1. Acknowledgments. In taking an acknowledgment, the notarial
officer must determine, either from personal knowledge or from satisfactory
evidence, that the person appearing before the officer and making the
acknowledgment is the person whose true signature is on the instrument or
electronic record.
Subd. 2. Verifications. In taking a
verification upon oath or affirmation, the notarial officer must determine,
either from personal knowledge or from satisfactory evidence, that the person
appearing before the officer and making the verification is the person whose
true signature is on the statement verified.
Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, the notarial officer must
determine, either from personal knowledge or from satisfactory evidence, that
the signature is that of the person appearing before the officer and named in
the document or electronic record.
Subd. 4. Certifying or attesting documents.
In certifying or attesting a copy of a document, electronic record,
or other item, the notarial officer must determine that the proffered copy is a
full, true, and accurate transcription or reproduction of that which was
copied.
Subd. 5. Making or noting protests of negotiable instruments. In making or noting a protest of a
negotiable instrument or electronic record, the notarial officer must
determine the matters set forth in section 336.3-505.
Subd. 6. Satisfactory evidence. A
notarial officer has satisfactory evidence that a person is the person whose
true signature is on a document or electronic record if that person (i)
is personally known to the notarial officer, (ii) is identified upon the oath
or affirmation of a credible witness personally known to the notarial officer,
or (iii) is identified on the basis of identification documents.
Subd. 7. Prohibited acts. A notarial
officer may not acknowledge, witness or attest to the officer's own signature,
or take a verification of the officer's own oath or affirmation.
Subd. 8. Failure to appear before notary. A notarial officer may not notarize the physical or electronic
signature of any signer who is not in the presence of the notary at the time of
notarization.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8306
Sec. 11. [545.05]
EXPEDITED PROCESS TO REVIEW AND DETERMINE THE EFFECTIVENESS OF FINANCING
STATEMENTS.
Subdivision 1. Definitions. (a) As used in this section, a financing
statement or other record is fraudulent or otherwise improper if it is filed
without the authorization of the obligor, person named as debtor, or owner of
collateral described or indicated in the financing statement or other record,
or by consent of an agent, fiduciary, or other representative of that person or
without the consent of the secured party of record in the case of an amendment
or termination.
(b) As used in this section,
filing office or filing officer refers to the office or officer where a
financing statement or other record is appropriately filed or recorded as
provided by law, including, but not limited to, the county recorder, the
secretary of state, and other related filing officers.
Subd. 2. Motion. An obligor, person named as a debtor, or
owner of collateral described or indicated in a financing statement or other
record filed under sections 336.9-101 to 336.9-709 (Uniform Commercial Code -
Secured Transactions), who has reason to believe that the financing statement
or other record is fraudulent or otherwise improper may complete and file at
any time a motion for judicial review of the effectiveness of the financing
statement or other record. A secured
party of record who believes that an amendment or termination of a financing
statement or other record is fraudulent or otherwise improper may also file a
motion.
Subd. 3. Service and filing. (a) The motion under subdivision 2 must
be mailed by certified United States mail to the person who is indicated as the
secured party on the allegedly fraudulent or improper record at the address
listed on the record or, in the case of a filing by the secured party of
record, to the address of the person who filed the amendment or termination in
question, as listed on the record. The
motion must be accompanied by a copy of the record in question, an affidavit of
mailing, the form for responding to the motion under subdivision 6, and a copy
of the text of this section.
(b) On the day the motion is
mailed, a copy of the materials must be filed with the district court of the
county in which the financing statement or other record has been filed or in
the county of residence of the moving party.
The motion must be supported by the affidavit of the moving party or the
moving party's attorney setting forth a concise statement of the facts upon
which the claim for relief is based.
There is no filing fee for a motion or a response filed under this
section.
Subd. 4. Motion form. The motion must be in substantially the
following form:
In Re: A Purported Financing Statement in the
district court of .......................... County, Minnesota, Against [Name
of person who filed the financing statement]
MOTION FOR JUDICIAL REVIEW
OF A FINANCING STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE - SECURED
TRANSACTIONS
....................................
(name of moving party) files this motion requesting a judicial determination of
the effectiveness of a financing statement or other record filed under the
Uniform Commercial Code - Secured Transactions in the office of the
............... (filing office and location) and in support of the motion
provides as follows:
I.
..............................
(name), the moving party, is the [obligor, person named as a debtor, or owner
of collateral described or indicated in] [secured party of record listed in] a
financing statement or other record filed under the Uniform Commercial Code.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8307
II.
On ............. (date), in
the exercise of the filing officer's official duties as ..................
(filing officer's position), the filing officer received and filed or recorded
the financing statement or other record, a copy which is attached, that
purports to [perfect a security interest against the obligor, person named as
debtor, or the owner of collateral described or indicated in the financing
statement or other record] or [amend or terminate the financing statement in
which the moving party is listed as the secured party of record].
III.
The moving party alleges
that the financing statement or other record is fraudulent or otherwise
improper and that this court should declare the financing statement or other
record ineffective.
IV.
The moving party attests
that the assertions in this motion are true and correct.
V.
The moving party does not
request the court to make a finding as to any underlying claim of the parties
involved and acknowledges that this motion does not seek review of an effective
financing statement. The moving party
further acknowledges that the moving party may be subject to sanctions if this
motion is determined to be frivolous.
The moving party may be contacted by the respondent at:
Mailing Address: (required)
Telephone Number:
Facsimile Number: (either
facsimile or e-mail contact is required)
E-Mail Address: (either
facsimile or e-mail contact is required)
REQUEST FOR RELIEF
The moving party requests
the court to review the attached documentation and enter an order finding that
the financing statement or other record is ineffective together with other
findings as the court deems appropriate.
Respectfully submitted,
.......................... (Signature and typed name and address).
Subd. 5. Motion acknowledgment
form. The form for the
certificate of acknowledgment must be substantially as follows:
AFFIDAVIT
THE STATE OF MINNESOTA
COUNTY OF .…..….......…..…....................
BEFORE ME, the undersigned
authority, personally appeared ........., who, being by me duly sworn, deposed
as follows:
"My name is .
.…..….......................... I am
over 18 years of age, of sound mind, with personal knowledge of the following
facts, and fully competent to testify.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8308
I attest that
the assertions contained in the accompanying motion are true and correct."
SUBSCRIBED and SWORN TO
before me, this ..... day of ..................
NOTARY PUBLIC, State of
[state name]
Notary's printed name: .... .…..….................................
My commission expires: . .…..….................................
The motion must be supported by the affidavit of the moving party or
the moving party's attorney setting forth a concise statement of the facts upon
which the claim for relief is based.
Subd. 6. Motion affidavit of mailing form. The moving party shall complete an affidavit of mailing the
motion to the court and to the respondent in substantially the following form:
State of Minnesota
County of .....…..…..................
............................, the moving party, being duly sworn, on
oath, deposes and says that on the ..... day of .........., ......., the moving
party mailed the motion to the court and the respondent by placing a true and
correct copy of the motion in an envelope addressed to them as shown by
certified United States mail at ............................, Minnesota.
Subscribed and sworn to before me this ..... day of
...................., .......
Subd. 7. Response form. The
person listed as [the secured party in] [filing] the record for which the
moving party has requested review may respond to the motion and accompanying
materials to request an actual hearing within 20 days from the mailing by
certified United States mail by the moving party. The form for use by the person listed as [the secured party in]
[filing] the record in question to respond to the motion for judicial review
must be in substantially the following form:
In Re: A Purported Financing
Statement in the district court of .…..…..................... County,
Minnesota, Against [Name of person who filed the financing statement]
RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED
UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS
............................ (name) files this response to a motion
requesting a judicial determination of the effectiveness of a financing
statement or other record filed under the Uniform Commercial Code - Secured
Transactions in the office of the ............... (filing office and location)
and in support of the motion provides as follows:
I.
............................ (name), the respondent, is the person
listed as [the secured party in] [filing] the record for which review has been
requested by the moving party.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8309
II.
On ............. (date), in
the exercise of the filing officer's official duties as ..................
(filing officer's position), the filing officer received and filed or recorded
the financing statement or other record, a copy which is attached, that purports
to [perfect a security interest against] [amend or terminate a record filed by]
the moving party.
III.
Respondent states that the
financing statement or other record is not fraudulent or otherwise improper and
that this court should not declare the financing statement or other record
ineffective.
IV.
Respondent attests that
assertions in this response are true and correct.
V.
Respondent does not request
the court to make a finding as to any underlying claim of the parties
involved. Respondent further
acknowledges that respondent may be subject to sanctions if this response is
determined to be frivolous.
REQUEST FOR RELIEF
Respondent requests the
court to review the attached documentation, to set a hearing for no later than
five days after the date of this response or as soon after that as the court
shall order and to enter an order finding that the financing statement or other
record is not ineffective together with other findings as the court deems
appropriate. Respondent may be contacted
at:
Mailing Address: (required)
Telephone Number:
Facsimile Number: (either
facsimile or e-mail contact is required)
E-Mail Address: (either
facsimile or e-mail contact is required)
Respectfully submitted,
.........................
(Signature and typed name
and address).
Subd. 8. Response acknowledgment
form. The form for the
certificate of acknowledgment must be substantially as follows:
AFFIDAVIT
THE STATE OF MINNESOTA
COUNTY OF ..………….................
BEFORE ME, the undersigned
authority, personally appeared ........., who, being by me duly sworn, deposed
as follows:
"My name is
............... I am over 18 years of
age, of sound mind, with personal knowledge of the following facts, and fully
competent to testify.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8310
I attest that
the assertions contained in the accompanying motion are true and correct."
SUBSCRIBED and SWORN TO
before me, this ..... day of ..................
NOTARY PUBLIC, State of
[state name]
Notary's printed name: ...…....................................…
My commission expires: .......…..………...................
Subd. 9. Response affidavit of mailing form. Respondent shall submit the response by
United States mail to both the court and the moving party, and also by either
e-mail or facsimile as provided by the moving party. The respondent shall complete an affidavit of mailing the
response to the court and to the moving party in substantially the following
form:
State of Minnesota
County of .…........
............................, being the responding party, being duly
sworn, on oath, deposes and says that on the ..... day of .........., .......,
respondent mailed the response to court and the moving party by placing a true
and correct copy of the response in an envelope addressed to them as shown
depositing the same with postage prepaid, in the U.S. Mail at
............................, Minnesota.
Subscribed and sworn to before me this ..... day of ....................,
.......
Subd. 10. Hearing. (a) If a
hearing is timely requested, the court shall hold that hearing within five days
after the mailing of the response by the respondent or as soon after that as
ordered by the court. After the
hearing, the court shall enter appropriate findings of fact and conclusions of
law regarding the financing statement or other record filed under the Uniform
Commercial Code.
(b) If a hearing request under subdivision 7 is not received by the
court by the 20th day following the mailing of the original motion, the court's
finding may be made solely on a review of the documentation attached to the
motion and without hearing any testimonial evidence. After that review, which must be conducted no later than five
days after the 20-day period has expired, the court shall enter appropriate
findings of fact and conclusions of law as provided in subdivision 11 regarding
the financing statement or other record filed under the Uniform Commercial
Code.
(c) A copy of the findings of fact and conclusions of law must be sent
to the moving party, the respondent, and the person who filed the financing
statement or other record at the address listed in the motion or response of
each person within seven days of the date that the findings of fact and
conclusions of law are issued by the court.
(d) In all cases, the moving party shall file or record an attested
copy of the findings of fact and conclusions of law in the filing office in the
appropriate class of records in which the original financing statement or other
record was filed or recorded. The
filing officer shall not collect a filing fee for filing a court's finding of
fact and conclusion of law as provided in this section except as specifically
directed by the court in its findings and conclusions.
Subd. 11. Order form; no hearing.
The findings of fact and conclusion of law for an expedited review
where no hearing has been requested must be in substantially the following
form:
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8311
MISCELLANEOUS
DOCKET No. ...........
In Re: A purported Financing
Statement in the district court of ........................... County, Minnesota, Against [Name of person
who filed financing statement]
Judicial Finding of Fact and Conclusion of Law Regarding a Financing
Statement or Other Record Filed Under the Uniform Commercial Code - Secured
Transactions
On the (number) day of (month), (year), in the above entitled and
numbered cause, this court reviewed a motion, verified by affidavit, of (name)
and the documentation attached. The
respondent did not respond within the required 20-day period. No testimony was taken from any party, nor
was there any notice of the court's review, the court having made the determination
that a decision could be made solely on review of the documentation as provided
in Minnesota Statutes, section 545.05.
The court finds as follows (only an item or subitem checked and
initialed is a valid court ruling):
[..] The documentation attached to the motion IS filed or recorded with
the authorization of the obligor, person named as debtor, or owner of
collateral described or indicated in the financing statement or other record,
or by consent of an agent, fiduciary, or other representative of that person,
or with the authorization of the secured party of record in the case of an
amendment or termination.
[..] The documentation attached to the motion IS NOT filed or recorded
with the authorization of the obligor, person named as debtor, or owner of
collateral described or indicated in the documentation, or by consent of an
agent, fiduciary, or other representative of that person, or with the
authorization of the secured party of record in the case of an amendment or
termination and, IS NOT an effective financing statement or other record under
the Uniform Commercial Code - Secured Transactions law of this state.
[..] This court makes no finding as to any underlying claims of the
parties involved and expressly limits its findings of fact and conclusions of
law to the review of a ministerial act.
The filing officer shall remove the subject financing statement or other
record so that the record is not reflected in or obtained as a result of any search,
standard or otherwise, conducted of those records, but shall retain them and
these findings of fact and conclusions of law in the filing office for the
duration of the period for which they would have otherwise been filed.
SIGNED ON THIS THE
................... DAY of .......
.......................... District Judge
.......................... District
.......................... County, Minnesota
Subd. 12. Hearing determination.
If a determination is made after a hearing, the court may award the
prevailing party all costs related to the entire review, including, but not
limited to, filing fees, attorney fees, administrative costs, and other costs.
Subd. 13. Subsequent motion. If
the moving party files a subsequent motion under this section against a person
filing a financing statement or other record that is reviewed under this
section and found to be filed or recorded with the authorization of the
obligor, person named as debtor, or owner of collateral described or indicated
in the financing statement or other record, or by consent of an agent,
fiduciary, or other representative of that person, or with the authorization of
the secured party of record in the case of an amendment or termination, the
court may, in addition to assessing costs, order other equitable relief against
the moving party or enter other sanctions against the moving party.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8312
Subd. 14. Judicial officers. The chief judge of a district court may
order that any or all proceedings under this section be conducted and heard by
other judicial officers of that district court.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 12. [604.18]
CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE IMPROPER FINANCING STATEMENTS.
Subdivision 1. Definitions. For purposes of this section:
(1) "financing
statement" has the meaning given in section 336.9-102(a) of the Uniform
Commercial Code; and
(2) "filing
officer" is defined as Uniform Commercial Code filing officer in each
jurisdiction.
Subd. 2. Liability. (a) A person shall not knowingly cause to
be presented for filing or promote the filing of a financing statement that the
person knows:
(1) is forged;
(2) is not:
(i) related to a valid lien or
security agreement; or
(ii) filed pursuant to
section 336.9-502(d); and
(3) is for an improper
purpose or purposes, such as to harass, hinder, defraud, or otherwise interfere
with any person.
(b) A person who violates
paragraph (a) is liable to each injured person for:
(1) the greater of:
(i) nominal damages up to
$10,000; or
(ii) the actual damages
caused by the violation;
(2) court costs;
(3) reasonable attorney
fees;
(4) related expenses of
bringing the action, including investigative expenses; and
(5) exemplary damages in the
amount determined by the court.
Subd. 3. Cause of action. (a) The following persons may bring an
action to enjoin violation of this section or to recover damages under this
section:
(1) the obligor, the person
named as the debtor, any person who owns an interest in the collateral
described or indicated in the financing statement, or any person harmed by the
filing of the financing statement;
(2) the attorney general;
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8313
(3) a county
attorney;
(4) a city attorney; and
(5) a person who has been
damaged as a result of an action taken in reliance on the filed financing
statement.
(b) A filing officer may
refer a matter to the attorney general or other appropriate person for filing
the legal actions under this section.
Subd. 4. Venue. An action under this section may be
brought in any district court in the county in which the financing statement is
presented for filing or in a county where any of the persons named in
subdivision 3, paragraph (a), clause (1), resides.
Subd. 5. Filing fee. (a) The fee for filing an action under
this chapter is $....... The plaintiff
must pay the fee to the clerk of the court in which the action is filed. Except as provided by paragraph (b), the
plaintiff may not be assessed any other fee, cost, charge, or expense by the
clerk of the court or other public official in connection with the action.
(b) The fee for service of
notice of an action under this section charged to the plaintiff may not exceed:
(1) $....... if the notice
is delivered in person; or
(2) the cost of postage if
the service is by registered or certified mail.
(c) A plaintiff who is
unable to pay the filing fee and fee for service of notice may file with the
court an affidavit of inability to pay under the Minnesota Rules of Civil
Procedure.
(d) If the fee imposed under
paragraph (a) is less than the filing fee the court imposes for filing other
similar actions and the plaintiff prevails in the action, the court may order a
defendant to pay to the court the differences between the fee paid under
paragraph (a) and the filing fee the court imposes for filing other similar
actions.
Subd. 6. Other remedies. (a) An obligor, person named as a debtor,
owner of collateral, or any other person harmed by the filing of a financing
statement in violation of subdivision 2, paragraph (a), also may request
specific relief, including, but not limited to, terminating the financing
statement and removing the debtor named in the financing statement from the
index under the provisions of section 545.05, paragraph (c), such that it will
not appear in a search under that debtor name.
(b) This law is cumulative
of other law under which a person may obtain judicial relief with respect to
any filed or recorded document.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 13. [609.7475]
FRAUDULENT OR OTHERWISE IMPROPER FINANCING STATEMENTS.
Subdivision 1. Definition. As used in this section,
"record" has the meaning given in section 336.9-102.
Subd. 2. Crime described. A person who:
(1) knowingly causes to be
presented for filing or promotes the filing of a record that:
(i) is not:
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8314
(A) related to a
valid lien or security agreement; or
(B) filed pursuant to section 336.9-502(d); or
(ii) contains a forged signature or is based upon a document containing
a forged signature; or
(2) presents for filing or causes to be presented for filing a record
with the intent that it be used to harass or defraud any other person;
is guilty of a crime and may
be sentenced as provided in subdivision 3.
Subd. 3. Penalties. (a)
Except as provided in paragraph (b), a person who violates subdivision 2 is
guilty of a gross misdemeanor.
(b) A person who violates subdivision 2 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:
(1) commits the offense with intent to influence or otherwise tamper
with a juror or a judicial proceeding or with intent to retaliate against a
judicial officer, as defined in section 609.415, or a prosecutor, defense
attorney, or officer of the court, because of that person's performance of
official duties in connection with a judicial proceeding; or
(2) commits the offense after having been previously convicted of a
violation of this section.
Subd. 4. Venue. A
violation of this section may be prosecuted in either the county of residence
of the individual listed as debtor or the county in which the filing is made.
EFFECTIVE DATE. This section is effective August 1, 2006, and applies to
crimes committed on or after that date.
ARTICLE 8
CORONERS AND MEDICAL EXAMINERS
Section 1. Minnesota Statutes
2004, section 390.005, is amended to read:
390.005 ELECTION OR
APPOINTMENT, ELIGIBILITY; VACANCIES; REMOVAL.
Subdivision 1. County election Selection of
coroner or medical examiner. Each
county must have a coroner or medical examiner. A coroner shall may be elected in each
county, as prescribed by section 382.01, except as provided in
this section or appointed in each county. A medical examiner must be appointed by the county board. The term of an appointed coroner or medical
examiner must not be longer than four years.
Subd. 2. Appointment by resolution. In
a county where the office of coroner has not been abolished, The board of
county commissioners may, by resolution, state its intention to
fill the office of coroner by appointment. The resolution must be adopted at least six months before the end
of the term of the incumbent coroner, if elected. After the resolution is adopted, the board
shall fill the office by appointing a person not less than 30 days before the
end of the incumbent's term. The
appointed coroner shall serve for a term of office determined by the board beginning
upon the expiration of the term of the incumbent. The term must not be longer than four years.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8315
If there is a
vacancy in the elected office in the county, the board may by
resolution, state its intention to fill the office by appointment. When the resolution is adopted, the board
shall fill the office by appointment immediately. The coroner shall serve for a term determined by the board. The term must not be longer than four years.
Subd. 3. Educational
requirements Qualifications.
A coroner must have successfully completed academic courses in
pharmacology, surgery, pathology, toxicology, and physiology. However, if a board of county commissioners
determines that the office of coroner shall not be elective and it cannot
appoint any person meeting the educational qualifications as coroner, the board
may:
(1) appoint any qualified
person, whether or not a resident of the county; or
(2) if no qualified person
can be found, appoint a person who is serving or has served as deputy coroner,
whether or not a resident of the county. (a) The medical examiner must be a forensic
pathologist who is certified or eligible for certification by the American
Board of Pathology. The medical
examiner is an appointed public official in a system of death investigation in
which the administrative control, the determination of the extent of the
examination, need for autopsy, and the filing of the cause and manner of death
information with the state registrar pursuant to section 144.221 are all under
the control of the medical examiner.
(b) The coroner must be a
physician with a valid license in good standing under chapter 147, to practice
medicine as defined under section 147.081, subdivision 3. The coroner is a public official, elected or
appointed, whose duty is to make inquiry into deaths in certain categories,
determine the cause and manner of death, and file the information with the
state registrar pursuant to section 144.221.
The coroner must obtain additional training in medicolegal death
investigation, such as training by the American Board of Medicolegal Death
Investigators, within four years of taking office, unless the coroner has
already obtained this training.
(c) The coroner or medical
examiner need not be a resident of the county.
Subd. 4. Certain
incumbents. An incumbent coroner or
medical examiner in office on July 1, 1965 meets the effective
date of this section is hereby deemed to meet the qualifications prescribed
by this section for the purpose of continuance in, reelection to, or
appointment to the office of coroner until the end of the current
term of office, after which this statute will apply.
Subd. 5. Vacancies,
removal. Vacancies in the office of
coroner or medical examiner shall be filled according to sections 375.08
and 382.02, or under subdivision 1.
A The medical examiner or appointed coroner may be removed
from office as provided by law. by
the county board during a term of office for cause shown after a hearing upon
due notice of written charges. The
hearing shall be conducted in accordance with that county's human resources
policy.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 2. [390.0065]
HENNEPIN COUNTY MEDICAL EXAMINER; SELECTION AND TERM.
Hennepin County shall use the following procedure to select the
Hennepin County medical examiner: the
Hennepin County Board shall designate three licensed physicians who shall
constitute a Medical Examiner Board.
One member shall be a dean or professor of the Department of Pathology
of a Class A medical school as designated by the American Medical
Association. Another member of the
board shall be a member of the Minnesota Society of Pathologists. The third member shall be designated by the
Hennepin County Medical Association from its membership. The Medical Examiner Board shall accept
applications for the position of Hennepin County medical examiner when a
vacancy exists in the office.
Applications therefore shall be considered from doctors of medicine who
are: (1) graduates of a medical school
recognized by the American Medical Association or American
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8316
Osteopathic
Association, (2) members in good standing in the medical profession, (3)
eligible for appointment to the staff of the Hennepin County Medical Center,
and (4) certified or eligible for certification in forensic pathology by the
American Board of Pathology. The
Medical Examiner Board shall review the qualifications of the applicants and
shall rank the applicants deemed qualified for the position and provide to the
county board a report of the seven highest ranked applicants together with
their qualifications. The county board
shall appoint a county medical examiner from those listed in the report. The term of the examiner shall continue for
four years from the date of appointment.
Reappointment shall be made at least 90 days prior to the expiration of
the term. If a vacancy requires a
temporary appointment, the board of commissioners shall appoint a medical
doctor on the staff of the county medical examiner's office to assume the
duties of the medical examiner until an appointment can be made in compliance
with the specified selection procedure.
Actual and necessary expenses of the Medical Examiner Board shall be
paid in accordance with sections 471.38 to 471.415.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 3. Minnesota Statutes
2004, section 390.01, is amended to read:
390.01 BOND AND
INDEMNIFICATION.
Before taking office, the coroner shall post bond to the state in a
penal sum set by the county board, not less than $500 nor more than
$10,000. The coroner's bond is subject
to the same conditions in substance as in the bond required by law to be given
by the sheriff, except as to the description of the office. The coroner or medical examiner shall be included in the bond
held by the county for all appointed and elected county officials and shall be
defended and indemnified, pursuant to section 466.07. The bond and oath of office shall be recorded and filed
with the county recorder.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 4. [390.011] AUTONOMY.
The coroner or medical examiner is an independent official of the county,
subject only to appointment, removal, and budgeting by the county board.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 5. [390.012] JURISDICTION.
The coroner or medical examiner of the county in which a person dies or
is pronounced dead shall have jurisdiction over the death, regardless of where
any injury that resulted in the death occurred. The place where death is pronounced is deemed to be the place
where death occurred. If the place of
death is unknown but the dead body is found in Minnesota, the place where the
body is found is considered the place of death. If the date of death is unknown, the date the body is found is
considered the date of death, but only for purposes of this chapter. When a death occurs in a moving conveyance
and the body is first removed in Minnesota, documentation of death must be
filed in Minnesota and the place of death is considered the place where the
body is first removed from the conveyance.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8317
Sec. 6. Minnesota Statutes 2004, section 390.04, is
amended to read:
390.04 TO ACT WHEN
SHERIFF A PARTY TO AN ACTION PROVISION FOR TRANSFER OF JURISDICTION.
When the sheriff is a party to an action or when a party, or a
party's agent or attorney, files with the court administrator of the district
court an affidavit stating that the party believes the sheriff, coroner
or medical examiner, because of partiality, prejudice, consanguinity, or
interest, will is not faithfully able to perform
the sheriff's coroner or medical examiner's duties in an
action commenced, or about to be commenced, the clerk shall direct process in
the action to the coroner. The coroner
shall perform the duties of the sheriff relative to the action in the same
manner required for a sheriff., the coroner or medical examiner shall
have the authority to transfer jurisdiction to another coroner or medical
examiner, as arranged by the county board.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 7. Minnesota Statutes 2005
Supplement, section 390.05, is amended to read:
390.05 DEPUTIES
MEDICAL EXAMINER OR CORONER STAFF.
A
The coroner
shall or medical examiner may appoint one or more deputies. assistant coroners or assistant medical
examiners, as necessary to fulfill the duties of the office, subject to
authorization by the county board. Such
assistants shall have the same qualifications as a coroner or medical
examiner. When the coroner or
medical examiner is absent or unable to act, deputies assistants
shall have the same powers and duties and are subject to the same liabilities
as coroners. A deputy shall be
appointed in writing. The oath and
appointment shall be recorded with the county recorder. The deputy shall act by name as deputy
coroner and hold office at the same time as the coroner. limitations as the coroner or medical
examiner. The assistants shall be
appointed in writing, shall take an oath that shall be recorded and filed with
the county recorder, and shall be included in the county bond. The assistant shall act by name as assistant
coroner or medical examiner and hold office at the pleasure of the coroner or
medical examiner.
A coroner or medical examiner may appoint one or more investigators,
with such qualifications as the coroner or medical examiner deems
appropriate. Such investigators shall
have the powers and duties that are delegated to them by the coroner or medical
examiner. Unless they are public
employees of that county, investigators shall be appointed in writing and take
an oath, shall be included in the county bond, and the oath and appointment
shall be recorded and filed with the county recorder. Subject to authorization of the county board, assistants may be
appointed to the unclassified service and investigators to the classified
service of the county.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 8. [390.061] MORGUE.
Every county need not have a morgue, but there must be a system or
process for receiving, storing, and releasing all dead bodies subject to this
statute.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8318
Sec. 9. Minnesota Statutes 2004, section 390.11, is
amended to read:
390.11 INVESTIGATIONS AND
INQUESTS.
Subdivision 1. Deaths requiring inquests and
investigations Reports of death. Except as provided in subdivision 1a, the coroner shall
investigate and may conduct inquests in all human deaths of the following
types: All sudden or unexpected deaths and all deaths that may be due
entirely or in part to any factor other than natural disease processes must be
promptly reported to the coroner or medical examiner for evaluation. Sufficient information must be provided to
the coroner or medical examiner.
Reportable deaths include, but are not limited to:
(1) unnatural deaths, including violent deaths, whether
apparently homicidal, suicidal, or accidental, including but not limited to
deaths due to thermal, chemical, electrical, or radiational injury, and deaths
due to criminal abortion, whether apparently self induced or not;
arising from homicide, suicide, or accident;
(2) deaths due to a fire or associated with burns or chemical,
electrical, or radiation injury;
(3) unexplained or unexpected perinatal and postpartum maternal deaths;
(2) (4) deaths
under suspicious, unusual, or mysterious unexpected circumstances;
(3)
(5) deaths
of persons whose bodies are to be cremated, dissected, buried at sea, or
otherwise disposed of so that the bodies will later be unavailable for
examination; and
(4)
(6) deaths
of inmates of public institutions and persons in custody of law enforcement
officers who are have not been hospitalized primarily
for organic disease and whose deaths are not of any type referred to in
clause (1) or (2).;
(7) deaths that occur during, in association with, or as the result of
diagnostic, therapeutic, or anesthetic procedures;
(8) deaths due to culpable neglect;
(9) stillbirths of 20 weeks or longer gestation unattended by a
physician;
(10) sudden deaths of persons not affected by recognizable disease;
(11) unexpected deaths of persons notwithstanding a history of
underlying disease;
(12) deaths in which a fracture of a major bone such as a femur,
humerus, or tibia has occurred within the past six months;
(13) deaths unattended by a physician occurring outside of a licensed
health care facility or licensed residential hospice program;
(14) deaths of persons not seen by their physician within 120 days of
demise;
(15) deaths of persons occurring in an emergency department;
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8319
(16) stillbirths
or deaths of newborn infants in which there has been maternal use of or
exposure to unprescribed controlled substances including street drugs or in
which there is history or evidence of maternal trauma;
(17) unexpected deaths of
children;
(18) solid organ donors;
(19) unidentified bodies;
(20) skeletonized remains;
(21) deaths occurring within
24 hours of arrival at a health care facility if death is unexpected;
(22) deaths associated with
the decedent's employment;
(23) deaths of nonregistered
hospice patients or patients in nonlicensed hospice programs; and
(24) deaths attributable to
acts of terrorism.
The coroner or medical
examiner shall determine the extent of the coroner's or medical examiner's
investigation, including whether additional investigation is needed by the
coroner or medical examiner, jurisdiction is assumed, or an autopsy will be
performed, notwithstanding any other statute.
Subd. 1a. Commissioner
of corrections; investigation of deaths.
The commissioner of corrections may require that all Department of
Corrections incarcerated deaths be reviewed by an independent, contracted,
board-certified forensic pathologist.
For deaths occurring within a facility licensed by the Department of
Corrections, the coroner or medical examiner shall ensure that a forensic
pathologist who is certified by the American Board of Pathology reviews each
death and performs an autopsy on all unnatural, unattended, or unexpected
deaths and others as necessary.
Subd. 1b. Hospice registration. Each coroner and medical examiner shall
establish a registration policy regarding hospice patients. If a hospice patient is determined to be
properly preregistered, the coroner or medical examiner may treat the death as
attended by a physician.
Subd. 2. Violent
or mysterious deaths; Autopsies.
The coroner or medical examiner may conduct order
an autopsy, at the coroner or medical examiner's sole discretion, in the
case of any human death referred to in subdivision 1, clause (1) or (2),
when, in the judgment of the coroner judges that or medical
examiner the public interest requires would be served by an
autopsy, except that an autopsy must be conducted in all unattended inmate
deaths that occur in a state correctional facility. The autopsy shall be performed without
unnecessary delay. A report of the
facts developed by the autopsy and findings of the person performing the
autopsy shall be made promptly and filed in the office of the coroner or
medical examiner. When further
investigation is deemed advisable, a copy of the report shall be delivered to
the county attorney. Every autopsy
performed pursuant to this subdivision shall, whenever practical, be performed
in the county morgue. Nothing herein
shall require the coroner or medical examiner to order an autopsy upon the body
of a deceased person if the person died of known or ascertainable causes or had
been under the care of a licensed physician immediately prior to death or if
the coroner or medical examiner determines the autopsy to be unnecessary.
Autopsies performed pursuant
to this subdivision may include the removal, retention, testing, or use of
organs, parts of organs, fluids or tissues, at the discretion of the coroner or
medical examiner, when removal, retention, testing, or use may be useful in
determining or confirming the cause of death, mechanism of death, manner of
death, identification of the deceased, presence of disease or injury, or
preservation of evidence. Such tissue
retained by the
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8320
coroner or
medical examiner pursuant to this subdivision shall be disposed of in
accordance with standard biohazardous hospital and/or surgical material and
does not require specific consent or notification of the legal next of
kin. When removal, retention, testing,
and use of organs, parts of organs, fluids, or tissues is deemed beneficial,
and is done only for research or the advancement of medical knowledge and
progress, written consent or documented oral consent shall be obtained from the
legal next of kin, if any, of the deceased person prior to the removal,
retention, testing, or use.
Subd. 2a. Deaths
caused by fire; autopsies. The
coroner shall conduct an autopsy in the case of any human death reported to the
coroner by the state fire marshal or a chief officer under section 299F.04,
subdivision 5, and apparently caused by fire. The coroner or medical examiner shall conduct an autopsy or
require that one be performed in the case of a death reported to the coroner or
medical examiner by the state fire marshal or a chief officer under section
299F.04, subdivision 5, and apparently caused by fire, and in which the
decedent is pronounced dead outside of a hospital or in which identification of
the decedent has not been confirmed. If
the decedent has died in a hospital and identification is not in question, an
autopsy may be performed or ordered by the coroner or medical examiner.
Subd. 3. Other
deaths; autopsies; Exhumation; consent disinterment. The coroner may conduct an autopsy in the
case of any human death referred to in subdivision 1, clause (3) or (4), or
medical examiner may exhume any human body and perform an autopsy on it
in the case of any human death referred to in subdivision 1 when the coroner or
medical examiner judges that the public interest requires an autopsy. No autopsy exhumation shall be
conducted unless the surviving spouse, or legal next of kin if
there is no surviving spouse, consents to it, or the district court of the
county where the body is located or buried, upon notice as the court
directs, enters an order authorizing an autopsy or an exhumation and autopsy
orders it. Notice of such exhumation
shall be given as directed by the district court. Application for an order may be made by the coroner, medical
examiner, or by the county attorney of the county where the body is
located or buried, and shall be granted upon a showing that the court
deems appropriate.
Subd. 4. Assistance
of medical specialists. If during
an investigation the coroner or medical examiner believes the assistance
of pathologists, toxicologists, deputy coroners, laboratory technicians,
or other medical, scientific, or forensic experts is necessary to
determine or confirm the cause or manner of death, identification,
time of death, or to address other issues requiring expert opinion, the
coroner shall or medical examiner may obtain their assistance.
Subd. 5. Inquest. An inquest into a death may be held at
the request of the medical examiner and the county attorney or the coroner and
the county attorney. An inquest is
optional and the coroner or medical examiner may investigate and certify a
death without one. The coroner or
medical examiner and county attorney may decide how to empanel the
inquest. Inquest records will be made
public, but the record and report of the inquest proceedings may not be
used in evidence in any civil action arising out of the death for which an
inquest was ordered. Before an
inquest is held, the coroner shall notify the county attorney to appear and
examine witnesses at the inquest. Whenever
the decision is made to hold an inquest, the county attorney may issue
subpoenas for witnesses and enforce their attendance. The persons served with subpoenas shall be allowed the same
compensation and be subject to the same enforcement and penalties as provided
by Rule 22 of the Minnesota Rules of Criminal Procedure.
Subd. 6. Records
kept by coroner or medical examiner.
The coroner or medical examiner shall keep full and complete records,
properly indexed records, giving the name, if known, of every
person whose death is investigated, the place where the body was found, the
date, cause, and manner of death, and all other relevant available
information concerning the death.
that the coroner or medical examiner considers pertinent. These records of the coroner or medical
examiner are the property of the county and subject to chapter 13. These records shall be kept at the coroner's
or medical examiner's office, unless no storage space is available. They shall then be kept with official county
records and only released in accordance with the Data Practices Act. Records shall be kept in accordance with section
15.17.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8321
Subd. 7. Reports
Duty to report. (a)
Deaths of the types described in this section must be promptly reported for
investigation to the coroner or medical examiner and, when appropriate, to
the law enforcement agency with jurisdiction, by the law enforcement
officer, attending physician, health care professional, mortician or
funeral director, person in charge of the public institutions referred to
in subdivision 1, or other person with knowledge of the death. anyone who discovers a deceased person. In a case in which a crime may be involved,
the coroner or medical examiner shall promptly notify the law enforcement
agency with jurisdiction over a criminal investigation of the death.
Subd. 7a. Records and other material available to coroner or medical examiner. (b) For the purposes of this section,
health-related records or data on a decedent, Except for health data
defined in section 13.3805, subdivision 1, paragraph (a), clause (2),
health-related records or data on a decedent whose death is being
investigated under this section, whether the records or data are recorded or
unrecorded, including but not limited to those concerning medical, surgical,
psychiatric, psychological, or any other consultation, diagnosis, or treatment,
including medical imaging, shall be made promptly available to the coroner
or medical examiner, upon the coroner's or medical examiner's written
request, by a any person, agency, entity, or organization
having custody of, possession of, access to, or knowledge of the records or
data. This provision includes
records and data, whether recorded or unrecorded, including but not limited to,
records and data, including medical imaging, concerning medical, surgical,
psychiatric, psychological, chemical dependency, or any other consultation,
diagnosis, or treatment. In cases
involving a stillborn infant or the death of a fetus or infant less than one
year of age, the prenatal records on the decedent's mother may also be
subpoenaed by the coroner or medical examiner.
The coroner or medical examiner shall pay the reasonable
costs of copies of records or data so provided to the coroner
under this section. Data collected or
created pursuant to this subdivision relating to any psychiatric,
psychological, or mental health consultation with, diagnosis of, or treatment
of the decedent whose death is being investigated shall remain confidential or
protected nonpublic data, except that the coroner's or medical examiner's
final summary report may contain a summary of, or references to, such
data. Where records of a decedent
become part of the medical examiner's or coroner's file, they are not subject
to subpoena or a request for production directed to the medical examiner or
coroner. Body fluids, slides, tissue,
organ specimens, radiographs, monitor records, video or other recordings, and
any other material or article of diagnostic value obtained from the decedent
prior to death, shall be made available to the coroner or medical examiner upon
request. Notwithstanding the provisions
of sections 13.384 and 595.02, the coroner or medical examiner shall have the
power to subpoena any and all documents, records, including medical records,
and papers deemed useful in the investigation of a death.
Subd. 7b. Records released by coroner or medical examiner. Records and reports, including those of
autopsies performed, generated, and certified by the coroner or medical
examiner shall be admissible as evidence in any court or grand jury
proceeding. The admissibility of such
evidence under this subdivision shall not include statements made by witnesses
or other persons unless otherwise admissible.
Subd. 8. Investigation procedure; coroner or medical examiner in
charge of body. Upon notification
of a the death subject to of any person as defined in this
section, the coroner or deputy shall medical examiner staff or their
designee may proceed to the body, take charge of it, and, arrange
for transfer of it, when appropriate.
This provision also applies to bones, body parts, and specimens that may
be human remains. Discovery of such
bones, body parts, and specimens must be promptly reported to the coroner or
medical examiner. When necessary, the
coroner or medical examiner staff, in coordination with the applicable law
enforcement agency, may order that there be no interference with or
compromise of the body or the scene of death. In the event a person is transported to an emergency vehicle
or facility and pronounced dead, the scene of death shall include the original
location of the decedent when first discovered to be ill, unresponsive, or
stricken prior to removal by emergency medical personnel. Any person violating such an order is guilty
of a gross misdemeanor. The coroner or
medical examiner staff shall make inquiry regarding the cause and manner of
death and, in cases that fall under the medical examiner's or coroner's
jurisdiction, prepare written findings together with the report of death and
its circumstances, which shall be filed in the office of the coroner or medical
examiner.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8322
Subd. 9. Criminal
act report. On coming to believe
that the death may have resulted from a criminal act, The coroner or deputy
medical examiner shall deliver a signed copy of the report of
investigation or inquest to the county attorney. to the county attorney copies of reports or other information
created by the coroner's or medical examiner's office in any cases of a
potential criminal nature.
Subd. 10. Sudden
Infant death. If a child under the
age of two years dies suddenly and unexpectedly under circumstances
indicating that the death may have been caused by sudden infant death syndrome,
the coroner, medical examiner, or personal physician shall notify the child's
parents or guardian that an autopsy is essential to establish the cause of
death as sudden infant death syndrome.
If an autopsy reveals that sudden infant death syndrome is the cause of
death, that fact must be stated in the autopsy report., the parents
or guardian of the child shall be promptly notified of the cause of death
and of the availability of counseling services.
Subd. 11. Autopsy fees. The coroner may charge a reasonable fee
to a person requesting an autopsy if the autopsy would not otherwise be conducted
under subdivision 1, 2, or 3.
Subd. 12. Authorized
removal of the brain. If the
coroner or medical examiner is informed by a physician or pathologist
that a dead person decedent is suspected of having had
Alzheimer's disease, the coroner shall or medical examiner may
authorize the removal of the brain of the dead person for the purposes
of sections 145.131 and 145.132.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 10. Minnesota Statutes 2004, section 390.111, is
amended to read:
390.111 EXPENSES AND COMPENSATION.
The county board may
allow is responsible for the reasonable and necessary compensation
and expenses of the coroner or deputies incurred for telephone tolls,
telegrams, postage, the cost of transcribing the testimony taken at an inquest,
and other expenses incurred solely for the officers' official business under
this chapter. medical examiner, assistants, investigators, and other
medical specialists.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 11. Minnesota Statutes 2004, section 390.15, is
amended to read:
390.15 WITNESSES; FEES.
The coroner or medical
examiner may issue subpoenas for witnesses, returnable immediately or at
a specified time and place. The persons
served with the subpoenas shall be allowed the fees, the coroner shall enforce
their attendance, and they shall be subject to the penalties provided by
statute or the Rules of Criminal Procedure. charge a fee for cremation
approval, duplication of reports, and other administrative functions to recover
reasonable expenses, subject to county board approval.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 12. [390.151]
ORGAN AND TISSUE DONATION.
The coroner or medical
examiner may facilitate donation of organs and tissues in compliance with the
Uniform Anatomical Gift Act, sections 525.921 to 525.9224.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8323
Sec. 13. [390.152]
CREMATION APPROVAL.
After investigating deaths
of persons who are to be cremated, the coroner or medical examiner may give
approval for cremation and shall record such approval by either signing a
cremation authorization form, or electronically through the centralized
electronic system for the processing of death records established by the state
registrar. It shall be a misdemeanor to
perform a cremation without such approval.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 14. Minnesota Statutes 2004, section 390.21, is
amended to read:
390.21 DISPOSITION; BURIAL.
When a coroner holds an
inquest upon view of the dead body of any person unknown, or, being called for
that purpose, does not think it necessary, on view of the body, that an inquest
be held, the coroner shall have the body decently buried. All expenses of the inquisition and burial
shall be paid by the county where the dead body is found. After an investigation has been completed, including an autopsy
if one is done, the body shall be released promptly to the person or persons
who have the right to control the disposition of the body. Section 149A.80, subdivision 2, shall
control. If the identity of the
deceased person is unknown, or if the body is unclaimed, the medical examiner
or coroner shall provide for dignified burial or storage of the remains. Dignified burial shall not include
cremation, donation for anatomic dissection, burial at sea, or other
disposition that will make the body later unavailable. The county where the dead body is found
shall pay reasonable expenses of the burial.
If an estate is opened within six years and claim made for the property
or proceeds of the sale of the property of the decedent, the county shall be
reimbursed the amount spent on burial, with interest at the statutory rate.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 15. Minnesota Statutes 2004, section 390.221, is
amended to read:
390.221 BODIES; EFFECTS; CUSTODY.
A person may not remove
move, interfere with, or handle the body or the effects of any person
a decedent subject to an investigation by the county coroner or
medical examiner except upon order of the coroner or, medical
examiner, assistant, or deputy authorized investigator. The coroner or medical examiner shall take
charge of the effects found on or near the body of a deceased person and
dispose of them as the district court directs by written order directed
under section 390.225. If a crime is
suspected in connection with the death of a deceased person is suspected,
the coroner or medical examiner may prevent any person, except law
enforcement personnel, from entering the premises, rooms, or buildings, and
shall have the custody of objects that the coroner or examiner deems material
evidence in the case. The coroner or
medical examiner shall release any property or articles needed for any criminal
investigation to law enforcement officers conducting the investigation, except
as noted in section 390.225, subdivision 2.
A willful knowing violation of this section is a gross
misdemeanor.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 16. [390.225]
PROPERTY.
Subdivision 1. Procedure. The coroner or medical examiner may take
possession of all articles that may be useful in establishing the cause or
manner of death, identification, or next of kin of the deceased, and, if taken,
mark them for identification, make an inventory, and retain them securely until
they are no longer needed for evidence or investigation. Except as noted in subdivision 2, the
coroner or medical examiner shall release any property or articles needed for
any criminal investigation to law enforcement officers conducting the
investigation.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8324
Subd. 2. Retention of property. When a reasonable basis exists for not
releasing property or articles to law enforcement officers, the coroner or
medical examiner shall consult with the county attorney. If the county attorney determines that a
reasonable basis exists for not releasing the property or articles, the coroner
or medical examiner may retain them.
The coroner or medical examiner shall obtain written confirmation of
this opinion and keep a copy in the decedent's file.
Subd. 3. Release of property. With the exception of firearms, when
property or articles are no longer needed for the investigation or as evidence,
the coroner or medical examiner shall release such property or articles to the
person or persons entitled to them.
Personal property, including wearing apparel, may be released to the
person entitled to control the disposition of the body of the decedent or to
the personal representative of the decedent.
Personal property not otherwise released pursuant to this subdivision
must be disposed of pursuant to section 525.393.
Subd. 4. Firearms. The coroner or medical examiner shall
release all firearms, when no longer needed, to the law enforcement agency
handling the investigation.
Subd. 5. Property of unknown
decedents. If the name of
the decedent is not known, the coroner or medical examiner shall release such
property to the county for disposal or sale.
If the unknown decedent's identity is established and if a
representative shall qualify within six years from the time of such sale, the
county administrator, or a designee, shall pay the amount of the proceeds of
the sale to the representative on behalf of the estate upon order of the
court. If no order is made within six
years, the proceeds of the sale shall become a part of the general revenue of
the county.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 17. Minnesota Statutes 2004, section 390.23, is
amended to read:
390.23 DEATH RECORDS OF VIOLENT OR MYSTERIOUS DEATH.
No person, other than the
county coroner, or medical examiner, judge exercising probate
jurisdiction, or Department of Corrections' independent, contracted,
board-certified forensic pathologist, or, for deaths occurring within a
facility licensed by the Department of Corrections, the forensic pathologist
who reviewed the death, shall issue a record file or amend the
cause or manner of death information with the state registrar in
cases of likely or suspected accidental, suicidal, homicidal, violent,
or mysterious deaths, including suspected homicides, occurring in the
county. The Department of
Corrections' independent, contracted, board-certified forensic pathologist must
issue the certificate of death in all Department of Corrections-incarcerated
deaths. The forensic pathologist
who reviewed the death of an incarcerated person within a facility licensed by
the Department of Corrections may file or amend the cause or manner of death
information with the state registrar.
If there is reasonable proof that a death has occurred, but no body has
been found, a judge may direct the state registrar to register the death with
the fact of death information provided by the court order according to section
144.221, subdivision 3.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 18. Minnesota Statutes 2004, section 390.25, is
amended to read:
390.25 FINGERPRINTING OF UNIDENTIFIED DECEASED PERSON
PERSONS.
Subdivision 1. Attempts to identify. Each coroner shall have fingerprinted all
deceased persons in the county whose identity is not immediately
established. Within 24 hours after the
body is found, the coroner shall forward to the Bureau of Criminal Apprehension
the fingerprints, fingerprint records, and other identification data. The superintendent of the bureau shall
prescribe the form of these reports.
The duties are in addition to those imposed on
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8325
the coroner by
section 525.393. The coroner or medical
examiner shall make reasonable attempts to identify the deceased person
promptly. These actions may include
obtaining: photographs of the body;
fingerprints from the body, if possible; formal dental examination by a dentist
with forensic training, with charting and radiographs; full body radiographs;
specimens such as tissue, blood, bone, teeth, and/or hair, suitable for DNA
analysis or other identification techniques; blood type; photographs of items
such as clothing and property found on and with the body; and anthropological
determination of age, race, sex, and stature, if appropriate. All of these actions shall be taken prior to
the disposition of any unidentified deceased person.
Subd. 2. Report to BCA. After 60 days, the coroner or medical
examiner shall provide to the Bureau of Criminal Apprehension missing persons
clearinghouse information to be entered into federal and state databases that
can aid in the identification, including the National Crime Information Center
database. The coroner or medical examiner
shall provide to the Bureau of Criminal Apprehension specimens suitable for DNA
analysis. DNA profiles and information
shall be entered by the Bureau of Criminal Apprehension into federal and state
DNA databases within five business days after the completion of the DNA
analysis and procedures necessary for the entry of the DNA profile.
Subd. 3. Other efforts to
identify. Nothing in this
section shall be interpreted to preclude any medical examiner or coroner from
pursuing other efforts to identify unidentified deceased persons, including
publicizing information, descriptions, or photographs that may aid in the
identification, allowing family members to identify missing persons, and
seeking to protect the dignity of the missing persons.
Subd. 4. Preservation of data. The coroner or medical examiner may
preserve and retain photographs, specimens, documents, and other data such as
dental records, radiographs, fingerprints, or DNA, for establishing or
confirming the identification of bodies or for other forensic purposes deemed
appropriate under the jurisdiction of the office. Upon request by an appropriate agency, or upon the coroner or
medical examiner's own initiative, the coroner or medical examiner may make the
information available to aid in the establishment of the identity of a deceased
person.
Subd. 5. Notice to state
archaeologist. After the
coroner or medical examiner has completed the investigation, the coroner or
medical examiner shall notify the state archaeologist, according to section
307.08, of all unidentified human remains found outside of platted, recorded,
or identified cemeteries and in contexts which indicate antiquity of greater
than 50 years.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 19. [390.251]
REQUEST FOR EXAMINATIONS.
The coroner or medical
examiner may, when requested, make physical examinations and tests incident to
any matter of a criminal nature under consideration by the district court or
county attorney, law enforcement agency, or publicly appointed criminal defense
counsel, and shall deliver a copy of a report of such tests and examinations to
the person making the request. Such an
examination does not establish a doctor-patient relationship. The person making the request shall pay the
cost of such examinations and tests.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 20. [390.252]
CONTRACTS FOR SERVICES.
A county board may contract
to perform coroner or medical examiner services with other units of government
or their agencies under a schedule of fees approved by that board.
EFFECTIVE DATE. This section is effective July 1, 2006.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8326
Sec. 21. REPEALER.
Minnesota Statutes 2004, sections 383A.36; 383B.225, subdivisions 1, 2,
3, 4, 6, 7, 8, 9, 10, 11, 12, and 13; 390.006; 390.06; 390.07; 390.16; 390.17;
390.19; 390.20; 390.24; and 390.36, and Minnesota Statutes 2005 Supplement,
section 383B.225, subdivision 5, are repealed.
EFFECTIVE DATE. This section is effective July 1, 2006."
Delete the title and insert:
"A bill for an act relating to state government; providing certain
general criminal and sentencing provisions; regulating controlled substances,
DWI, and driving provisions; modifying or establishing various provisions
relating to public safety; regulating corrections, the courts, and emergency
communications; regulating coroners and medical examiners; providing for
electronic notarizations; regulating fraudulent or improper financing
statements; regulating computer crimes; providing penalties; amending Minnesota
Statutes 2004, sections 13.82, by adding a subdivision; 13.84, subdivisions 1,
2; 13.87, by adding a subdivision; 16D.04, subdivision 2; 43A.08, subdivision 1;
48A.10, subdivision 3; 144.445, subdivision 1; 144.7401, by adding a
subdivision; 155A.07, by adding a subdivision; 169.13; 169A.20, subdivision 1;
169A.24, subdivision 1; 169A.28, subdivision 1; 169A.45, subdivision 1;
169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision 2; 169A.60, subdivisions
2, 4; 181.973; 219.97, subdivision 13; 237.49; 241.016, subdivision 1; 253B.02,
subdivision 2; 299E.01, subdivision 2; 299F.011, subdivision 5; 346.09,
subdivision 1; 346.155, subdivisions 1, 4, 5, 10, by adding a subdivision;
347.04; 358.41; 358.42; 358.47; 358.50; 359.01, by adding a subdivision;
359.03, subdivision 3, by adding a subdivision; 359.04; 359.05; 359.085;
375A.13, subdivision 1; 383B.65, subdivision 2; 390.005; 390.01; 390.04;
390.11; 390.111; 390.15; 390.20; 390.21; 390.221; 390.23; 390.25; 390.33,
subdivision 2; 403.02, by adding a subdivision; 403.08, subdivision 7; 403.11,
subdivisions 3b, 3c; 403.113, subdivision 3; 403.21, subdivisions 2, 7, 9;
403.33; 403.34; 403.36, subdivision 1f; 480.181, subdivisions 1, 2; 480.182;
484.01, subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision 3;
484.545, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68,
subdivision 1; 484.702, subdivision 5; 485.018, subdivision 5; 485.021; 485.11;
517.041; 518.157, subdivision 2; 518B.01, subdivision 14, by adding a
subdivision; 525.9214; 546.27, subdivision 2; 609.101, subdivision 4; 609.102,
subdivision 2; 609.11, subdivision 7; 609.153, subdivision 1; 609.2231,
subdivision 6; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 4;
609.495, by adding a subdivision; 609.748, subdivision 6; 609.749, subdivision
4; 609.87, subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1,
3; 611A.0315; 617.246, by adding a subdivision; 617.247, by adding a
subdivision; 624.22, subdivision 8; 626.77, subdivision 3; 629.74; 631.425,
subdivision 3; 641.25; Minnesota Statutes 2005 Supplement, sections 169A.52,
subdivision 4; 169A.53, subdivision 3; 171.05, subdivision 2b; 171.055,
subdivision 2; 171.18, subdivision 1; 241.06, by adding a subdivision; 243.166,
subdivisions 1b, 4, 4b, 6; 244.052, subdivision 4; 244.055, subdivisions 10,
11; 244.10, subdivisions 5, 6, 7; 270C.545; 299C.40, subdivision 1; 299C.405;
299C.65, subdivision 2; 390.05; 403.025, subdivision 7; 403.05, subdivision 3;
403.11, subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, subdivision 8;
403.36, subdivision 1; 485.01; 485.03; 485.05; 518B.01, subdivision 22; 609.02,
subdivision 16; 609.282; 609.283; 609.3455, subdivisions 4, 8, by adding a
subdivision; 609.485, subdivisions 2, 4; Laws 2002, chapter 266, section 1, as
amended; Laws 2005, chapter 136, article 1, section 13, subdivision 3; article
16, sections 3; 4; 5; 6; proposing coding for new law in Minnesota Statutes,
chapters 4; 241; 299A; 299C; 299F; 340A; 390; 484; 545; 604; 609; repealing
Minnesota Statutes 2004, sections 169A.41, subdivision 4; 383A.36; 383B.225,
subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13; 390.006; 390.06; 390.07;
390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 403.08, subdivision 8; 403.22;
403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30,
subdivisions 2, 4; 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3;
484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12;
487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15;
487.16; 487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24;
487.25; 487.26; 487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36;
487.37; 487.38; 487.40; 488A.01; 488A.021; 488A.025; 488A.03; 488A.035;
488A.04; 488A.08; 488A.09; 488A.10; 488A.101; 488A.11; 488A.112; 488A.113;
488A.115; 488A.116; 488A.119; 488A.18; 488A.19; 488A.20; 488A.21;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8327
488A.23; 488A.24;
488A.26; 488A.27; 488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011;
525.012; 525.013; 525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053;
525.06; 525.07; 525.08; 525.081; 525.082; 525.09; 609.108, subdivision 5;
609.109, subdivisions 1, 3; 625.09; Minnesota Statutes 2005 Supplement,
sections 353.027; 383B.225, subdivision 5; 485.03; 609.108, subdivisions 1, 3,
4, 6, 7; 609.109, subdivisions 2, 4, 5, 6."
The motion prevailed and the amendment was adopted.
H. F. No. 2656, A bill for an act relating to state government;
providing certain general criminal and sentencing provisions; regulating
controlled substances, DWI, and driving provisions; modifying or establishing
various provisions relating to public safety; regulating corrections, the
courts, and emergency communications; regulating coroners and medical
examiners; providing for electronic notarizations; regulating fraudulent or
improper financing statements; regulating computer crimes; providing penalties;
amending Minnesota Statutes 2004, sections 13.82, by adding a subdivision;
13.84, subdivisions 1, 2; 13.87, by adding a subdivision; 16D.04, subdivision
2; 43A.08, subdivision 1; 48A.10, subdivision 3; 144.445, subdivision 1;
144.7401, by adding a subdivision; 155A.07, by adding a subdivision; 169.13;
169A.20, subdivision 1; 169A.24, subdivision 1; 169A.28, subdivision 1;
169A.45, subdivision 1; 169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision
2; 169A.60, subdivisions 2, 4; 181.973; 219.97, subdivision 13; 237.49;
241.016, subdivision 1; 253B.02, subdivision 2; 299E.01, subdivision 2;
299F.011, subdivision 5; 346.09, subdivision 1; 346.155, subdivisions 1, 4, 5,
10, by adding a subdivision; 347.04; 358.41; 358.42; 358.47; 358.50; 359.01, by
adding a subdivision; 359.03, subdivision 3, by adding a subdivision; 359.04;
359.05; 359.085; 375A.13, subdivision 1; 383B.65, subdivision 2; 390.005;
390.01; 390.04; 390.11; 390.111; 390.15; 390.20; 390.21; 390.221; 390.23; 390.25;
390.33, subdivision 2; 403.02, by adding a subdivision; 403.08, subdivision 7;
403.11, subdivisions 3b, 3c; 403.113, subdivision 3; 403.21, subdivisions 2, 7,
9; 403.33; 403.34; 403.36, subdivision 1f; 480.181, subdivisions 1, 2; 480.182;
484.01, subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision 3;
484.545, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68,
subdivision 1; 484.702, subdivision 5; 485.018, subdivision 5; 485.021; 485.11;
517.041; 518.157, subdivision 2; 518B.01, subdivision 14, by adding a
subdivision; 525.9214; 546.27, subdivision 2; 609.101, subdivision 4; 609.102,
subdivision 2; 609.11, subdivision 7; 609.153, subdivision 1; 609.2231,
subdivision 6; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 4; 609.495,
by adding a subdivision; 609.748, subdivision 6; 609.749, subdivision 4;
609.87, subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1, 3;
611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision;
624.22, subdivision 8; 626.77, subdivision 3; 629.74; 631.425, subdivision 3;
641.25; Minnesota Statutes 2005 Supplement, sections 169A.52, subdivision 4;
169A.53, subdivision 3; 171.05, subdivision 2b; 171.055, subdivision 2; 171.18,
subdivision 1; 241.06, by adding a subdivision; 243.166, subdivisions 1b, 4,
4b, 6; 244.052, subdivision 4; 244.055, subdivisions 10, 11; 244.10,
subdivisions 5, 6, 7; 270C.545; 299C.40, subdivision 1; 299C.405; 299C.65,
subdivision 2; 390.05; 403.025, subdivision 7; 403.05, subdivision 3; 403.11,
subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, subdivision 8; 403.36,
subdivision 1; 485.01; 485.03; 485.05; 518B.01, subdivision 22; 609.02,
subdivision 16; 609.282; 609.283; 609.3455, subdivisions 4, 8, by adding a
subdivision; 609.485, subdivisions 2, 4; Laws 2002, chapter 266, section 1, as
amended; Laws 2005, chapter 136, article 1, section 13, subdivision 3; article
16, sections 3; 4; 5; 6; proposing coding for new law in Minnesota Statutes,
chapters 4; 241; 299A; 299C; 299F; 340A; 390; 484; 545; 604; 609; repealing
Minnesota Statutes 2004, sections 169A.41, subdivision 4; 383A.36; 383B.225,
subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13; 390.006; 390.06; 390.07;
390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 403.08, subdivision 8; 403.22;
403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30,
subdivisions 2, 4; 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3;
484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12;
487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15;
487.16; 487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24;
487.25; 487.26; 487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36;
487.37; 487.38; 487.40; 488A.01; 488A.021; 488A.025; 488A.03; 488A.035;
488A.04; 488A.08;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8328
488A.09; 488A.10;
488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 488A.18;
488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 488A.28;
488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014;
525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08;
525.081; 525.082; 525.09; 609.108, subdivision 5; 609.109, subdivisions 1, 3;
625.09; Minnesota Statutes 2005 Supplement, sections 353.027; 383B.225,
subdivision 5; 485.03; 609.108, subdivisions 1, 3, 4, 6, 7; 609.109,
subdivisions 2, 4, 5, 6.
The bill was read for the third time, as amended, and placed upon
its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 3
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Jaros
Rukavina
Walker
The bill was passed, as amended, and its title agreed to.
S. F. No. 3260, A bill for an act relating to biotechnology
zones; authorizing the designation of additional biotechnology and health
sciences industry zones; amending Minnesota Statutes 2004, section 469.334,
subdivisions 1, 4.
The bill was read for the third time and placed upon its final
passage.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8329
The question was taken on the
passage of the bill and the roll was called.
There were 128 yeas and 4 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Buesgens
Krinkie
Smith
Vandeveer
The bill was passed and its title agreed to.
S. F. No. 2706, A bill for an act relating to vocational
rehabilitation; extending a pilot project; amending Laws 2004, chapter 188,
section 1, as amended.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 133 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8330
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 2735 was reported to the House.
Wilkin moved to amend S. F. No. 2735 as follows:
Page 2, delete section 2
Renumber the sections in sequence
The motion prevailed and the amendment was adopted.
S. F. No. 2735, A bill for an act relating to legislature;
regulating the Legislative Audit Commission; amending Minnesota Statutes 2004,
section 3.97, subdivisions 2, 3a; repealing Minnesota Statutes 2004, sections
3.97, subdivision 3; 3.979, subdivision 5.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 133 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8331
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
S. F. No. 1040 was reported to the House.
Greiling and Abrams moved to amend S. F. No. 1040 as follows:
Page 1, after line 18, insert:
"Sec.
2. Minnesota Statutes 2005 Supplement,
section 383B.905, is amended to read:
383B.905 AUTHORITY AND DUTIES OF OFFICERS AND
DIRECTORS; UNPAID OFFICERS AND DIRECTORS LIABILITY FOR DAMAGES.
Subdivision
1. In
bylaws or by board. Officers and
directors have the authority and duties in the management of the business of
the corporation that the bylaws prescribe or, in the absence of such
prescription, as the board determines.
Subd.
2. Ordinary
prudent person standard. Officers
and directors shall discharge their duties in good faith, in the manner the
officer or director reasonably believes to be in the best interests of the
corporation, and with the care an ordinary prudent person in a like position
would exercise under similar circumstances.
Subd.
3. Not
trustees. Officers and directors
are not considered to be trustees with respect to the corporation or with
respect to property held or administered by the corporation, including, without
limit, property that may be subject to restrictions imposed by the donor or
transferor of the property.
Subd.
4. Liability. A person who serves without compensation
as a director or officer of the corporation is exempt from civil liability to
the same extent as provided under section 317A.257 for the directors and
officers listed in section 317A.257, subdivision 1.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
The motion prevailed and the amendment was adopted.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8332
S. F. No. 1040, A bill for an
act relating to civil actions; limiting liability for certain conduct of
persons released from confinement; amending Minnesota Statutes 2004, section
604A.31, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 147.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Emmer
The bill was passed, as amended, and its title agreed to.
S. F. No. 2994 was reported to the House.
Buesgens
moved to amend S. F. No. 2994 as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
EDUCATION
Section
1. Minnesota Statutes 2004, section
120A.20, subdivision 1, is amended to read:
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8333
Subdivision 1. Age
limitations; pupils. (a) All
schools supported in whole or in part by state funds are public schools. Admission to a public school is free to any
person who: (1) resides within the district that operates the school,
who; (2) is under 21 years of age, or who meets the
requirements of paragraph (c); and who (3) satisfies the
minimum age requirements imposed by this section. Notwithstanding the provisions of any law to the contrary, the
conduct of all students under 21 years of age attending a public secondary
school is governed by a single set of reasonable rules and regulations
promulgated by the school board.
No (b) A person shall not be
admitted to any a public school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences; or
(2) as a 1st grade student, unless the pupil is at least six years of age on
September 1 of the calendar year in which the school year for which the pupil
seeks admission commences or has completed kindergarten; except that any school
board may establish a policy for admission of selected pupils at an earlier
age.
(c)
A pupil who becomes age 21 after enrollment is eligible for continued free
public school enrollment until at least one of the following occurs: (1) the
first September 1 after the pupil's 21st birthday; (2) the pupil's completion
of the graduation requirements; (3) the pupil's withdrawal with no subsequent
enrollment within 21 calendar days; or (4) the end of the school year.
Sec.
2. Minnesota Statutes 2004, section
123A.06, subdivision 2, is amended to read:
Subd.
2. People
to be served. A center shall
provide programs for secondary pupils and adults. A center may also provide programs and services for elementary
and secondary pupils who are not attending the center to assist them in being
successful in school. A center shall
use research-based best practices for serving limited English proficient
students and their parents. An
individual education plan team may identify a center as an appropriate
placement to the extent a center can provide the student with the appropriate
special education services described in the student's plan. Pupils eligible to be served are those age
five to adults 22 and older who qualify under the graduation incentives
program in section 124D.68, subdivision 2, those enrolled under section
124D.02, subdivision 2, or those pupils who are eligible to receive special
education services under sections 125A.03 to 125A.24, and 125A.65.
Sec.
3. Minnesota Statutes 2005 Supplement,
section 123B.76, subdivision 3, is amended to read:
Subd.
3. Expenditures
by building. (a) For the purposes
of this section, "building" means education site as defined in
section 123B.04, subdivision 1.
(b)
Each district shall maintain separate accounts to identify general fund
expenditures for each building. All
expenditures for regular instruction, secondary vocational instruction, and
school administration must be reported to the department separately for each
building. All expenditures for special
education instruction, instructional support services, and pupil support
services provided within a specific building must be reported to the department
separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the
building and must not be based on districtwide averages. All other general fund expenditures may be
reported by building or on a districtwide basis.
(c)
The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated
school district general fund revenue generated by pupils attending each
building on its Web site. For purposes
of this report:
(1)
expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;
(2)
basic skills revenue shall be allocated according to section 126C.10,
subdivision 4;
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8334
(3) secondary
sparsity revenue and elementary sparsity revenue shall be allocated according
to section 126C.10, subdivisions 7 and 8;
(4) alternative teacher
compensation revenue shall be allocated according to section 122A.415,
subdivision 1;
(5) other general education
revenue shall be allocated on a uniform per pupil unit basis;
(5) (6) first grade preparedness
aid shall be allocated according to section 124D.081;
(6) (7) state and federal special
education aid and Title I aid shall be allocated in proportion to district
expenditures for these programs by building; and
(7) (8) other general
fund revenues shall be allocated on a uniform per pupil basis, except that the
department may allocate other revenues attributable to specific buildings
directly to those buildings.
Sec. 4. Minnesota Statutes 2004, section 124D.02,
subdivision 2, is amended to read:
Subd. 2. Secondary
school programs. The board may
permit a person who is over the age of 21 or who has graduated from high school
to enroll as a part-time student in a class or program at a secondary
school if there is space available. In
determining if there is space available, full-time public school
students, eligible for free enrollment under section 120A.20,
subdivision 1, and shared-time students shall be given priority over
students seeking enrollment pursuant to this subdivision, and students
returning to complete a regular course of study shall be given priority over part-time
other students seeking enrollment pursuant to this subdivision. The following are not prerequisites for
enrollment:
(1) residency in the school
district;
(2) United States
citizenship; or
(3) for a person over the
age of 21, a high school diploma or equivalency certificate. A person may enroll in a class or program
even if that person attends evening school, an adult or continuing education,
or a postsecondary educational program or institution.
Sec. 5. Minnesota Statutes 2004, section 124D.02,
subdivision 4, is amended to read:
Subd. 4. Part-time
student fee. Notwithstanding the
provisions of sections 120A.20 and 123B.37, a board may charge a part-time
student enrolled pursuant to subdivision 2 a reasonable fee for a class
or program.
Sec. 6. Minnesota Statutes 2005 Supplement, section
124D.68, subdivision 2, is amended to read:
Subd. 2. Eligible
pupils. The following pupils are
A pupil under the age of 21 or who meets the requirements of section 120A.20,
subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program:
(a) any pupil under the age
of 21 who,
if the pupil:
(1) performs substantially
below the performance level for pupils of the same age in a locally determined
achievement test;
(2) is at least one year
behind in satisfactorily completing coursework or obtaining credits for
graduation;
(3) is pregnant or is a
parent;
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8335
(4) has been
assessed as chemically dependent;
(5)
has been excluded or expelled according to sections 121A.40 to 121A.56;
(6)
has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;
(7) is
a victim of physical or sexual abuse;
(8)
has experienced mental health problems;
(9)
has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;
(10)
speaks English as a second language or has limited English proficiency; or
(11)
has withdrawn from school or has been chronically truant; or
(b)
any person who is at least 21 years of age and who:
(1)
has received fewer than 14 years of public or nonpublic education, beginning at
age 5;
(2)
has not completed the requirements for a high school diploma; and
(3)
at the time of application, (i) is eligible for unemployment benefits or has
exhausted the benefits, (ii) is eligible for, or is receiving income
maintenance and support services, as defined in section 116L.19, subdivision 5,
or (iii) is eligible for services under the displaced homemaker program or any
programs under the federal Jobs Training Partnership Act or its successor.
(12)
is being treated in a hospital in the seven-county metropolitan area for cancer
or other life threatening illness or is the sibling of an eligible pupil who is
being currently treated, and resides with the pupil's family at least 60 miles
beyond the outside boundary of the seven-county metropolitan area.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to eligible pupils in the 2005-2006 school year and later.
Sec.
7. Minnesota Statutes 2004, section
124D.68, subdivision 3, is amended to read:
Subd.
3. Eligible
programs. (a) A pupil who is
eligible according to subdivision 2 may enroll in area learning centers under
sections 123A.05 to 123A.08.
(b) A
pupil who is eligible according to subdivision 2 and who is between the ages of
16 and 21 may enroll in postsecondary courses under section 124D.09.
(c) A
pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program. However,
a person who is eligible according to subdivision 2, clause (b), may enroll
only if the school board has adopted a resolution approving the enrollment.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8336
(d) A pupil who is
eligible under subdivision 2, may enroll in any nonpublic, nonsectarian school
that has contracted with the serving school district to provide educational
services. However, notwithstanding
other provisions of this section, only a pupil who is eligible under
subdivision 2, clause (12), may enroll in a contract alternative school that is
specifically structured to provide educational services to such a pupil.
(e) A
pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the
community education program contained in section 124D.19.
EFFECTIVE DATE. This section is effective the day following final enactment and
applies to eligible programs in the 2005-2006 school year and later.
Sec.
8. Minnesota Statutes 2004, section
126C.05, subdivision 1, is amended to read:
Subdivision
1. Pupil
unit. Pupil units for each
Minnesota resident pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), in average daily
membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in
a charter school under section 124D.10; or for whom the resident district pays
tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488,
123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65, shall be counted according to this subdivision.
(a) A
prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the
ratio of the number of hours of assessment and education service to 825 times
1.25 with a minimum average daily membership of 0.28, but not more than 1.25
pupil units.
(b) A
prekindergarten pupil who is assessed but determined not to be handicapped is
counted as the ratio of the number of hours of assessment service to 825 times
1.25.
(c) A
kindergarten pupil with a disability who is enrolled in a program approved by
the commissioner is counted as the ratio of the number of hours of assessment
and education services required in the fiscal year by the pupil's individual
education program plan to 875, but not more than one.
(d) A
kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.
(e) A
pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.
(f) A
pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.
(g) A
pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.
(h) A
pupil who is in the postsecondary enrollment options program is counted as 1.3
pupil units.
Sec.
9. Minnesota Statutes 2004, section
126C.10, subdivision 6, is amended to read:
Subd.
6. Definitions. The definitions in this subdivision apply
only to subdivisions 7 and 8.
(a)
"High school" means a public secondary school, except a
charter school under section 124D.10, that has pupils enrolled in at least
the 10th, 11th, and 12th grades. If
there is no secondary high school in the district that has
pupils enrolled in at least the 10th, 11th, and 12th grades, and the school
is at least 19 miles from the next nearest school, the commissioner must
designate one school in the district as a high school for the purposes of this
section.
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8337
(b) "Secondary
average daily membership" means, for a district that has only one high
school, the average daily membership of pupils served in grades 7 through
12. For a district that has more than
one high school, "secondary average daily membership" for each high
school means the product of the average daily membership of pupils served in
grades 7 through 12 in the high school, times the ratio of six to the number of
grades in the high school.
(c) "Attendance
area" means the total surface area of the district, in square miles,
divided by the number of high schools in the district. For a district that does not operate a high
school and is less than 19 miles from the nearest operating high school, the
attendance area equals zero.
(d)
"Isolation index" for a high school means the square root of 55
percent of the attendance area plus the distance in miles, according to the
usually traveled routes, between the high school and the nearest high school. For a district in which there is located
land defined in section 84A.01, 84A.20, or 84A.31, the distance in miles is the
sum of:
(1)
the square root of one-half of the attendance area; and
(2)
the distance from the border of the district to the nearest high school.
(e)
"Qualifying high school" means a high school that has an isolation
index greater than 23 and that has secondary average daily membership of less
than 400.
(f)
"Qualifying elementary school" means an a public
elementary school, except a charter school under section 124D.10, that
is located 19 miles or more from the nearest elementary school or from the
nearest elementary school within the district and, in either case, has an
elementary average daily membership of an average of 20 or fewer per grade.
(g)
"Elementary average daily membership" means, for a district that has
only one elementary school, the average daily membership of pupils served in
kindergarten through grade 6. For a
district that has more than one elementary school, "average daily
membership" for each school means the average daily membership of pupils
served in kindergarten through grade 6 multiplied by the ratio of seven to the
number of grades in the elementary school.
Sec.
10. Minnesota Statutes 2005 Supplement,
section 126C.10, subdivision 31, is amended to read:
Subd.
31. Transition revenue. (a) A
district's transition allowance equals the greater of zero or the product of
the ratio of the number of adjusted marginal cost pupil units the district
would have counted for fiscal year 2004 under Minnesota Statutes 2002 to the
district's adjusted marginal cost pupil units for fiscal year 2004, times the
difference between: (1) the lesser of the district's general education revenue
per adjusted marginal cost pupil unit for fiscal year 2003 or the amount of
general education revenue the district would have received per adjusted
marginal cost pupil unit for fiscal year 2004 according to Minnesota Statutes
2002, and (2) the district's general education revenue for fiscal year 2004
excluding transition revenue divided by the number of adjusted marginal cost
pupil units the district would have counted for fiscal year 2004 under
Minnesota Statutes 2002.
(b) A
district's transition revenue for fiscal year 2006 and later equals the sum of (1)
the product of the district's transition allowance times the district's
adjusted marginal cost pupil units plus (2) the amount of referendum revenue
under section 126C.17 and general education revenue, excluding transition
revenue, for fiscal year 2004 attributable to pupils four or five years of age
on September 1, 2003, enrolled in a prekindergarten program implemented by the
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8338
district before
July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004, plus (3) the amount of compensatory
education revenue under subdivision 3 for fiscal year 2005 attributable to
pupils four years of age on September 1, 2003, enrolled in a prekindergarten
program implemented by the district before July 1, 2003, and reported as
kindergarten pupils under section 126C.05, subdivision 1, for fiscal year 2004
multiplied by .04 the district's transition for prekindergarten revenue under
subdivision 31a.
EFFECTIVE DATE. This section is effective for revenue for fiscal year 2007 and
later.
Sec.
11. Minnesota Statutes 2004, section
126C.10, is amended by adding a subdivision to read:
Subd.
31a. Transition
for prekindergarten revenue. For
fiscal year 2007 and later, a school district's transition for prekindergarten
revenue equals the sum of (1) the amount of referendum revenue under section
126C.17 and general education revenue, excluding transition revenue, for fiscal
year 2004 attributable to pupils four or five years of age on September 1,
2003, enrolled in a prekindergarten program implemented by the district before
July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004, plus (2) the amount of compensatory
education revenue under subdivision 3 for fiscal year 2005 attributable to
pupils four years of age on September 1, 2003, enrolled in a prekindergarten
program implemented by the district before July 1, 2003, and reported as
kindergarten pupils under section 126C.05, subdivision 1, for fiscal year 2004
multiplied by .04.
EFFECTIVE DATE. This section is effective for revenue for fiscal year 2007 and
later.
Sec.
12. Minnesota Statutes 2004, section
126C.10, is amended by adding a subdivision to read:
Subd.
31b. Uses
of transition for prekindergarten revenue. A school district that receives revenue under subdivision 31a
must reserve that revenue for prekindergarten programs serving students who
turn age four by September 1 and who will enter kindergarten the following
year.
EFFECTIVE DATE. This section is effective for fiscal year 2007 and later.
Sec.
13. Minnesota Statutes 2005 Supplement,
section 126C.17, subdivision 9, is amended to read:
Subd.
9. Referendum
revenue. (a) The revenue authorized
by section 126C.10, subdivision 1, may be increased in the amount approved by
the voters of the district at a referendum called for the purpose. The referendum may be called by the board or
shall be called by the board upon written petition of qualified voters of the
district. The referendum must be
conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only
one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail
under paragraph (g), the referendum must be held on the first Tuesday after the
first Monday in November. The ballot
must state the maximum amount of the increased revenue per resident marginal cost
pupil unit. The ballot may state a
schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized or may state that the amount shall
increase annually by the rate of inflation.
For this purpose, the rate of inflation shall be the annual inflationary
increase calculated under subdivision 2, paragraph (b). The ballot may state that existing
referendum levy authority is expiring.
In this case, the ballot may also compare the proposed levy authority to
the existing expiring levy authority, and express the proposed increase as the
amount, if any, over the expiring referendum levy authority. The ballot must designate the specific
number of years, not to exceed ten, for which the referendum authorization
applies. The ballot, including a ballot
on the question to revoke or reduce the increased revenue amount under
paragraph (c), must abbreviate the term "per resident marginal cost pupil
unit" as "per pupil." The notice required under section 275.60
may be modified to read, in cases of renewing existing levies:
Journal
of the House - 111th Day - Saturday, May 20, 2006 - Top of Page 8339
"BY VOTING
"YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A PROPERTY TAX
INCREASE."
The
ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:
"Shall
the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"
If
approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year
beginning in the year after the levy is certified shall be authorized for
certification for the number of years approved, if applicable, or until revoked
or reduced by the voters of the district at a subsequent referendum.
(b)
The board must prepare and deliver by first class mail at least 15 days but no
more than 30 days before the day of the referendum to each taxpayer a notice of
the referendum and the proposed revenue increase. The board need not mail more than one notice to any taxpayer. For the purpose of giving mailed notice under
this subdivision, owners must be those shown to be owners on the records of the
county auditor or, in any county where tax statements are mailed by the county
treasurer, on the records of the county treasurer. Every property owner whose name does not appear on the records of
the county auditor or the county treasurer is deemed to have waived this mailed
notice unless the owner has requested in writing that the county auditor or
county treasurer, as the case may be, include the name on the records for this
purpose. The notice must project the
anticipated amount of tax increase in annual dollars for typical residential
homesteads, agricultural homesteads, apartments, and commercial-industrial
property within the school district.
The
notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum
levy in the first year, if any, in annual dollars for typical residential
homesteads, agricultural homesteads, apartments, and commercial-industrial
property within the district.
The
notice must include the following statement: "Passage of this referendum
will result in an increase in your property taxes." However, in cases of
renewing existing levies, the notice may include the following statement:
"Passage of this referendum may result in an increase in your property
taxes."
(c) A
referendum on the question of revoking or reducing the increased revenue amount
authorized pursuant to paragraph (a) may be called by the board and shall be
called by the board upon the written petition of qualified voters of the
district. A referendum to revoke or
reduce the revenue amount must state the amount per resident marginal cost
pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of the district pursuant
to paragraph (a) must be available to the school district at least once before
it is subject to a referendum on its revocation or reduction for subsequent
years. Only one revocation or reduction
referendum may be held to revoke or reduce referendum revenue for any specific
year and for years thereafter.
(d) A
petition authorized by paragraph (a) or (c) is effective if signed by a number
of qualified voters in excess of 15 percent of the registered voters of the
district on the day the petition is filed with the board. A referendum invoked by petition must be
held on the date specified in paragraph (a).
(e)
The approval of 50 percent plus one of those voting on the question is required
to pass a referendum authorized by this subdivision.
Journal of the House - 111th
Day - Saturday, May 20, 2006 - Top of Page 8340
(f) At least 15
days before the day of the referendum, the district must submit a copy of the
notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results of the
referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the
district must notify the commissioner of the results of the referendum.
EFFECTIVE DATE. This section is effective for referenda conducted on or after
July 1, 2006.
Sec. 14. Minnesota Statutes 2005 Supplement, section
126C.43, subdivision 2, is amended to read:
Subd. 2. Payment
to unemployment insurance program trust fund by state and political
subdivisions. (a) A district
may levy the amount necessary (i) (1) to