Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2035
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
THIRTY-EIGHTH DAY
Saint Paul, Minnesota, Tuesday, March 27, 2007
The House of Representatives convened at 11:30 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend James Peck, Redeeming Love
Church, Maplewood, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lesch
Liebling
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Lieder, Scalze and Smith were excused.
Lenczewski was excused until 12:00 noon.
The Chief Clerk proceeded to read the Journal of the preceding
day. Laine moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2036
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 49, A bill for an act relating to public nuisances; providing that certain
criminal gang behavior is a public nuisance; authorizing injunctive relief and
other remedies; proposing coding for new law in Minnesota Statutes, chapter
617.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F. No.
117, A bill for an act relating to courts; modifying personal jurisdiction over
foreign corporations and nonresident individuals in certain matters; amending
Minnesota Statutes 2006, section 543.19, subdivision 1.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 211, A bill for an act relating to mortgage lending; prohibiting sale of
information provided on a mortgage application; amending Minnesota Statutes
2006, section 13C.01, by adding a subdivision.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 258, A resolution memorializing Congress to offer greater flexibility to
states and fully fund the No Child Left Behind Act as part of its
reauthorization.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 287, A bill for an act relating to employment; proposing coding for new law
in Minnesota Statutes, chapter 181.
Reported
the same back with the following amendments:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2037
Delete
everything after the enacting clause and insert:
"Section
1. [181.9631] NOTICE OF EMPLOYEE
RIGHTS.
An
employer as defined under section 181.960, subdivision 3, shall provide written
notice to a job applicant upon hire of the rights and remedies provided in
sections 181.960 to 181.965. An employer shall also post in an appropriate and
conspicuous location on the employer's premises notice of these rights and
remedies. Any negligent failure to post the notice required under this section
shall not effect any employer defense under sections 181.960 to 181.966.
EFFECTIVE DATE. This section is
effective January 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to employment; requiring notice and posting of
personnel record provisions; proposing coding for new law in Minnesota
Statutes, chapter 181."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 479, A bill for an act relating to health; providing for a universal health
care system that provides affordable access to high quality medical care for
all Minnesotans; requiring a focus on preventive care and early intervention;
providing comprehensive benefits; reducing costs through prevention,
efficiency, and elimination of bureaucracy; directing the commissioner of
health to prepare a plan to be implemented by 2010; proposing coding for new
law in Minnesota Statutes, chapter 144.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 62J.07, subdivision 2, is amended to read:
Subd.
2. Membership. The Legislative
Commission on Health Care Access consists of five ten members of
the senate appointed under the rules of the senate and five ten members
of the house of representatives appointed under the rules of the house of
representatives. The Legislative Commission on Health Care Access must include three
seven members of the majority party and two three members
of the minority party in each house.
Sec.
2. [144.7055] UNIVERSAL HEALTH CARE
SYSTEM.
Subdivision
1. Legislative Commission on Health Care
Access. The Legislative Commission on Health Care Access established
under section 62J.07 shall design a universal health care system for Minnesota
that meets the requirements specified in subdivision 2. The commission shall
prepare proposed legislation for submission to the legislature by January 31,
2008, to establish a universal health care system for Minnesota to take effect
in January 2010. The proposed legislation must meet all of the requirements
specified in subdivision 2.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2038
Subd.
2. Requirements for universal health care
system. The commission's proposal to the legislature under
subdivision 1 shall be designed in a manner that:
(1)
ensures all Minnesotans receive high quality health care, regardless of their
income;
(2)
allows patients the ability to choose their own providers;
(3)
does not restrict or deny care or reduce the quality of care to hold down
costs, but instead reduces costs through prevention, efficiency, and
elimination of bureaucracy;
(4)
provides comprehensive benefits, including all coverage currently required by
law, complete mental health services, chemical dependency treatment,
prescription drugs, medical equipment and supplies, dental care, long-term
care, and home care services;
(5)
is funded through premiums and other payments based on the person's ability to pay,
so as not to deny full access to all Minnesotans;
(6)
focuses on preventive care and early intervention to improve the health of all
Minnesotans and reduce later costs from untreated illnesses and diseases;
(7)
ensures an adequate number of qualified health care professionals and
facilities to guarantee timely access to quality care throughout the state;
(8)
continues promoting Minnesota's leadership in medical education, training,
research, and technology; and
(9)
provides adequate and timely payments to providers.
Sec.
3. EFFECTIVE DATE.
Sections
1 and 2 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to health; requiring the Legislative Commission on
Health Care Access to design a universal health care system; amending Minnesota
Statutes 2006, section 62J.07, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 144."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 499, A bill for an act relating to human services; modifying chemical use
assessments; imposing duties on the commissioner of human services related to
chemical health; requiring reports; proposing coding for new law in Minnesota
Statutes, chapter 254A.
Reported
the same back with the following amendments:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2039
Page 1, after line 5,
insert:
"Section 1. Minnesota
Statutes 2006, section 169A.70, subdivision 4, is amended to read:
Subd. 4. Assessor standards; rules; assessment time
limits. A chemical use assessment required by this section must be
conducted by an assessor appointed by the court. The assessor must meet the
training and qualification requirements of rules adopted by the commissioner of
human services under section 254A.03, subdivision 3 (chemical dependency
treatment rules). Notwithstanding section 13.82 (law enforcement data), the
assessor shall have access to any police reports, laboratory test results, and
other law enforcement data relating to the current offense or previous offenses
that are necessary to complete the evaluation. An assessor providing an
assessment under this section may not have any direct or shared financial
interest or referral relationship resulting in shared financial gain with a
treatment provider, except as authorized under section 254A.20, subdivision
3. If an independent assessor is not available, the court may use the
services of an assessor authorized to perform assessments for the county social
services agency under a variance granted under rules adopted by the
commissioner of human services under section 254A.03, subdivision 3. An
appointment for the defendant to undergo the assessment must be made by the
court, a court services probation officer, or the court administrator as soon
as possible but in no case more than one week after the defendant's court
appearance. The assessment must be completed no later than three weeks after
the defendant's court appearance. If the assessment is not performed within
this time limit, the county where the defendant is to be sentenced shall
perform the assessment. The county of financial responsibility must be
determined under chapter 256G.
EFFECTIVE DATE. This section is
effective the day following final enactment."
Page 2, line 5, delete
"or"
Page 2, line 12, delete the
period and insert "; or"
Page 2, after line 12,
insert:
"(3) the county
social service agency has an existing relationship with an assessor or service
provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's
contract, provided the county retains responsibility for making placement
decisions."
Page 2, line 24, after
"alcohol" insert "and chemical substance"
Page 2, after line 32,
insert:
"Sec. 4. Minnesota
Statutes 2006, section 609.115, subdivision 8, is amended to read:
Subd. 8. Chemical use assessment required. (a)
If a person is convicted of a felony, the probation officer shall determine in
the report prepared under subdivision 1 whether or not alcohol or drug use was
a contributing factor to the commission of the offense. If so, the report shall
contain the results of a chemical use assessment conducted in accordance with
this subdivision. The probation officer shall make an appointment for the
defendant to undergo the chemical use assessment if so indicated.
(b) The chemical use
assessment report must include a recommended level of care for the defendant in
accordance with the criteria contained in rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. The assessment must be
conducted by an assessor qualified under rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. An assessor providing a
chemical use assessment may not have any direct or shared financial interest or
referral relationship resulting in shared financial gain with a treatment
provider, except as authorized under section 254A.20, subdivision 3. If
an independent
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2040
assessor is not available,
the probation officer may use the services of an assessor authorized to perform
assessments for the county social services agency under a variance granted
under rules adopted by the commissioner of human services under section
254A.03, subdivision 3.
EFFECTIVE DATE. This section is
effective the day following final enactment."
Page 3, line 8, before
"by" insert "after consulting with counties and other
affected stakeholders"
Renumber the sections in
sequence
Amend the title as follows:
Page 1, line 2, before
"imposing" insert "regulating chemical assessors and
providers;"
Correct the title numbers
accordingly
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on Finance.
The report was adopted.
Atkins from the Committee on
Commerce and Labor to which was referred:
H. F. No. 529, A bill for an
act relating to insurance; requiring coverage for amino acid based elemental
formulas; amending Minnesota Statutes 2006, sections 62A.26; 256B.0625, by
adding a subdivision.
Reported the same back with
the recommendation that the bill pass.
The report was adopted.
Mullery from the Committee
on Public Safety and Civil Justice to which was referred:
H. F. No. 584, A bill for an
act relating to public safety; increasing penalties for metal theft; amending
Minnesota Statutes 2006, section 609.52, subdivision 3.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
GENERAL CRIME
Section 1. Minnesota
Statutes 2006, section 518B.01, subdivision 22, is amended to read:
Subd. 22. Domestic abuse no contact order. (a) A
domestic abuse no contact order is an order issued by a court against a
defendant in a criminal proceeding for:
(1) domestic abuse;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2041
(2)
harassment or stalking charged under section 609.749 and committed against a
family or household member;
(3)
violation of an order for protection charged under subdivision 14; or
(4)
violation of a prior domestic abuse no contact order charged under this
subdivision.
It includes pretrial orders
before final disposition of the case and probationary orders after sentencing.
(b) A person
who knows of the existence of a domestic abuse no contact order issued against
the person and violates the order is guilty of a misdemeanor.
(c) A
person is guilty of a gross misdemeanor who knowingly violates this subdivision
within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. Upon a gross misdemeanor
conviction under this paragraph, the defendant must be sentenced to a minimum
of ten days' imprisonment and must be ordered to participate in counseling or
other appropriate programs selected by the court as provided in section
518B.02. Notwithstanding section 609.135, the court must impose and execute the
minimum sentence provided in this paragraph for gross misdemeanor convictions.
(d)
A person is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both,
if the person knowingly violates this subdivision within ten years of the first
of two or more previous qualified domestic violence-related offense convictions
or adjudications of delinquency. Upon a felony conviction under this paragraph
in which the court stays imposition or execution of sentence, the court shall
impose at least a 30-day period of incarceration as a condition of probation.
The court also shall order that the defendant participate in counseling or
other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in
this paragraph for felony convictions.
(d) (e) A peace officer shall
arrest without a warrant and take into custody a person whom the peace officer
has probable cause to believe has violated a domestic abuse no contact order,
even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer.
The person shall be held in custody for at least 36 hours, excluding the day of
arrest, Sundays, and holidays, unless the person is released earlier by a judge
or judicial officer. A peace officer acting in good faith and exercising due
care in making an arrest pursuant to this paragraph is immune from civil
liability that might result from the officer's actions.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
2. Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
Subd.
16. Qualified domestic violence-related
offense. "Qualified domestic violence-related offense" includes a
violation of or an attempt to violate the following offenses: sections
518B.01, subdivision 14 (violation of domestic abuse order for protection);
518B.01, subdivision 22 (violation of domestic abuse no contact order); 609.185
(first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree assault);
609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic
assault); 609.2247 (domestic assault by strangulation); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal
sexual conduct); 609.377 (malicious punishment of a child); 609.713
(terroristic threats); 609.748, subdivision 6 (violation of harassment
restraining order); 609.749 (harassment/stalking); and 609.78, subdivision 2
(interference with an emergency call); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States
territories.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2042
Sec.
3. Minnesota Statutes 2006, section 609.341, subdivision 11, is amended to
read:
Subd.
11. Sexual contact. (a) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (a)
to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (m)
(o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed
with sexual or aggressive intent:
(i) the
intentional touching by the actor of the complainant's intimate parts, or
(ii)
the touching by the complainant of the actor's, the complainant's, or another's
intimate parts effected by a person in a position of authority, or by coercion,
or by inducement if the complainant is under 13 years of age or mentally
impaired, or
(iii)
the touching by another of the complainant's intimate parts effected by
coercion or by a person in a position of authority, or
(iv)
in any of the cases above, the touching of the clothing covering the immediate
area of the intimate parts.
(b)
"Sexual contact," for the purposes of sections 609.343, subdivision
1, clauses (g) and (h), and 609.345, subdivision 1, clauses (f) and (g),
includes any of the following acts committed with sexual or aggressive intent:
(i)
the intentional touching by the actor of the complainant's intimate parts;
(ii)
the touching by the complainant of the actor's, the complainant's, or another's
intimate parts;
(iii)
the touching by another of the complainant's intimate parts; or
(iv)
in any of the cases listed above, touching of the clothing covering the
immediate area of the intimate parts.
(c)
"Sexual contact with a person under 13" means the intentional
touching of the complainant's bare genitals or anal opening by the actor's bare
genitals or anal opening with sexual or aggressive intent or the touching by
the complainant's bare genitals or anal opening of the actor's or another's
bare genitals or anal opening with sexual or aggressive intent.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
4. Minnesota Statutes 2006, section 609.344, subdivision 1, is amended to read:
Subdivision
1. Crime defined. A person who
engages in sexual penetration with another person is guilty of criminal sexual
conduct in the third degree if any of the following circumstances exists:
(a)
the complainant is under 13 years of age and the actor is no more than 36
months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant shall be a defense;
(b)
the complainant is at least 13 but less than 16 years of age and the actor is
more than 24 months older than the complainant. In any such case, if the
actor is no more than 120 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the evidence,
that the actor reasonably believes the complainant to be 16 years of age
or older. In all other cases, mistake as to the complainant's age shall not
be a defense. If the actor in such a case is no more than 48 months but
more than 24 months older than the complainant, the actor may be sentenced to
imprisonment for not more than five years. Consent by the complainant is not a
defense;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2043
(c)
the actor uses force or coercion to accomplish the penetration;
(d)
the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(e)
the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority
over the complainant. Neither mistake as to the complainant's age nor consent
to the act by the complainant is a defense;
(f)
the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual
penetration. Neither mistake as to the complainant's age nor consent to the act
by the complainant is a defense;
(g)
the actor has a significant relationship to the complainant, the complainant
was at least 16 but under 18 years of age at the time of the sexual penetration,
and:
(i)
the actor or an accomplice used force or coercion to accomplish the
penetration;
(ii)
the complainant suffered personal injury; or
(iii)
the sexual abuse involved multiple acts committed over an extended period of
time.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h)
the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:
(i)
during the psychotherapy session; or
(ii)
outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.
Consent
by the complainant is not a defense;
(i)
the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the
psychotherapist;
(j)
the actor is a psychotherapist and the complainant is a patient or former
patient and the sexual penetration occurred by means of therapeutic deception.
Consent by the complainant is not a defense;
(k)
the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent
by the complainant is not a defense;
(1)
the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i)
the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort
from the actor in private; or
(ii) the
sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or
spiritual advice, aid, or comfort in private. Consent by the complainant is not
a defense;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2044
(m) the actor is an
employee, independent contractor, or volunteer of a state, county, city, or
privately operated adult or juvenile correctional system, including, but not
limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the
correctional system. Consent by the complainant is not a defense; or
(n) the actor provides or is
an agent of an entity that provides special transportation service, the
complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant.
Consent by the complainant is not a defense.; or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual penetration occurred during or immediately
before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 5. Minnesota Statutes
2006, section 609.345, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
fourth degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the complainant's age or consent to the act
by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at
least 13 but less than 16 years of age and the actor is more than 48 months
older than the complainant or in a position of authority over the complainant.
Consent by the complainant to the act is not a defense. In any such case, if
the actor is no more than 120 months older than the complainant, it shall
be an affirmative defense which must be proved by a preponderance of the
evidence that the actor reasonably believes the complainant to be 16
years of age or older. In all other cases, mistake as to the complainant's
age shall not be a defense;
(c) the actor uses force or
coercion to accomplish the sexual contact;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(e) the complainant is at
least 16 but less than 18 years of age and the actor is more than 48 months
older than the complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a
significant relationship to the complainant and the complainant was at least 16
but under 18 years of age at the time of the sexual contact. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(g) the actor has a
significant relationship to the complainant, the complainant was at least 16
but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an
accomplice used force or coercion to accomplish the contact;
(ii) the complainant
suffered personal injury; or
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2045
(iii) the
sexual abuse involved multiple acts committed over an extended period of time.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h)
the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:
(i)
during the psychotherapy session; or
(ii)
outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists. Consent by the complainant is not a defense;
(i)
the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the
psychotherapist;
(j)
the actor is a psychotherapist and the complainant is a patient or former
patient and the sexual contact occurred by means of therapeutic deception.
Consent by the complainant is not a defense;
(k)
the actor accomplishes the sexual contact by means of deception or false
representation that the contact is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(1)
the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i)
the sexual contact occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort
from the actor in private; or
(ii)
the sexual contact occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or
spiritual advice, aid, or comfort in private. Consent by the complainant is not
a defense;
(m)
the actor is an employee, independent contractor, or volunteer of a state,
county, city, or privately operated adult or juvenile correctional system, including,
but not limited to, jails, prisons, detention centers, or work release
facilities, and the complainant is a resident of a facility or under
supervision of the correctional system. Consent by the complainant is not a
defense; or
(n)
the actor provides or is an agent of an entity that provides special
transportation service, the complainant used the
special transportation service, the complainant is not married to the actor,
and the sexual contact occurred during or immediately before or after the actor
transported the complainant. Consent by the complainant is not a defense.;
or
(o)
the actor performs massage or other bodywork for hire, the complainant was a
user of one of those services, and nonconsensual sexual contact occurred during
or immediately before or after the actor performed or was hired to perform one
of those services for the complainant.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
6. Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to
read:
Subd.
3. Felony. A person is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the person violates subdivision
1, clause (2) this section, after having been previously convicted
of or adjudicated delinquent for violating subdivision 1, clause (2)
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2046
this section; sections
609.342 to 609.345; section 609.3453; section 617.23, subdivision 2, clause (1);
section 617.247; or a statute from another state in conformity with
subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1)
with one of these statutes.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
7. Minnesota Statutes 2006, section 609.3455, subdivision 4, is amended to
read:
Subd.
4. Mandatory life sentence; repeat
offenders. (a) Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person to imprisonment
for life if the person is convicted of violating section 609.342, 609.343,
609.344, 609.345, or 609.3453 and:
(1) the
person has two previous sex offense convictions;
(2)
the person has a previous sex offense conviction and:
(i)
the factfinder determines that the present offense involved an aggravating
factor that would provide grounds for an upward durational departure under the
sentencing guidelines other than the aggravating factor applicable to repeat
criminal sexual conduct convictions;
(ii)
the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or
(iii)
the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or
(3)
the person has two prior sex offense convictions, and the factfinder determines
that the prior convictions and present offense involved at least three separate
victims, and:
(i)
the factfinder determines that the present offense involved an aggravating
factor that would provide grounds for an upward durational departure under the
sentencing guidelines other than the aggravating factor applicable to repeat
criminal sexual conduct convictions;
(ii)
the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or
(iii)
the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.
(b)
Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless at least one
of the person's previous or prior sex offense convictions that are being
used as the basis for the sentence are for violations of section 609.342,
609.343, 609.344, or 609.3453, or any similar statute of the United States,
this state, or any other state.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2047
Sec.
8. Minnesota Statutes 2006, section 609.3455, is amended by adding a
subdivision to read:
Subd.
9. Applicability. The provisions
of this section do not affect the applicability of Minnesota Statutes 2004,
section 609.108, to crimes committed before August 1, 2005, or the validity of
sentences imposed under Minnesota Statutes 2004, section 609.108.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
9. Minnesota Statutes 2006, section 609.505, subdivision 2, is amended to read:
Subd.
2. Reporting police misconduct. (a)
Whoever informs, or causes information to be communicated to, a peace officer,
whose responsibilities include investigating or reporting police misconduct,
or other person working under the authority of a chief law enforcement officer,
whose responsibilities include investigating or reporting police misconduct,
that a peace officer, as defined in section 626.84, subdivision 1, paragraph
(c), has committed an act of police misconduct, knowing that the information is
false, is guilty of a crime and may be sentenced as follows:
(1) up
to the maximum provided for a misdemeanor if the false information does not
allege a criminal act; or
(2) up
to the maximum provided for a gross misdemeanor if the false information
alleges a criminal act.
(b)
The court shall order any person convicted of a violation of this subdivision
to make full restitution of all reasonable expenses incurred in the
investigation of the false allegation unless the court makes a specific written
finding that restitution would be inappropriate under the circumstances. A
restitution award may not exceed $3,000.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
10. [609.593] TAMPERING WITH GAS AND
ELECTRICAL LINES.
Whoever
intentionally and without claim of right, takes, removes, breaks, or severs, a
line or any part connected to a line that is used for supplying or transporting
gas or electricity without the consent of one authorized to give consent and in
a manner that creates a substantial risk of death or bodily harm or serious
property damage is guilty of a felony and may be sentenced to imprisonment for
not more than 20 years or to payment of a fine of not more than $100,000, or
both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
11. Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to
read:
Subdivision
1. Definition. For the purposes of
this section, the following terms have the meanings given them in this
subdivision.
(a)
"Harassment" includes:
(1) a
single incident of physical or sexual assault or repeated incidents of
intrusive or unwanted acts, words, or gestures that have a substantial adverse effect
or are intended to have a substantial adverse effect on the safety, security,
or privacy of another, regardless of the relationship between the actor and the
intended target;
(2)
targeted residential picketing; and
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2048
(3) a
pattern of attending public events after being notified that the actor's
presence at the event is harassing to another.; and
(4)
a single incident of posing as another person or persons through the use of the
Internet or a computer, computer program, computer network, or computer system,
without express authorization in order to harass or defame another person or
persons.
(b)
"Respondent" includes any adults or juveniles alleged to have engaged
in harassment or organizations alleged to have sponsored or promoted
harassment.
(c)
"Targeted residential picketing" includes the following acts when
committed on more than one occasion:
(1)
marching, standing, or patrolling by one or more persons directed solely at a
particular residential building in a manner that adversely affects the safety,
security, or privacy of an occupant of the building; or
(2)
marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential building from gaining access to or exiting from the
property on which the residential building is located.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
12. Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to
read:
Subd.
5. Restraining order. (a) The court
may grant a restraining order ordering the respondent to cease or avoid the
harassment of another person or to have no contact with that person if all of
the following occur:
(1)
the petitioner has filed a petition under subdivision 3;
(2)
the sheriff has served respondent with a copy of the temporary restraining
order obtained under subdivision 4, and with notice of the right to request a
hearing, or service has been made by publication under subdivision 3, paragraph
(b); and
(3)
the court finds at the hearing that there are reasonable grounds to believe
that the respondent has engaged in harassment.
Except as provided in
paragraph (c), a restraining order may be issued only against the respondent named in
the petition; except that and if the respondent is an
organization, the order may be issued against and apply to all of the members
of the organization. Relief granted by the restraining order must be for a
fixed period of not more than two years. When a referee presides at the hearing
on the petition, the restraining order becomes effective upon the referee's
signature.
(b) An
order issued under this subdivision must be personally served upon the
respondent.
(c)
If the harassment involves communication through the use of the Internet or a
computer, computer program, computer network, or computer system, a restraining
order may also be issued against private computer networks, including Internet
service providers or computer bulletin board systems, that are publishing
harassing information. A restraining order issued under this paragraph may
direct the respondent or a private computer network to remove or correct the
harassing information. A restraining order issued under this paragraph may be
served by mail upon any private computer network affected.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2049
Sec.
13. REPEALER.
Minnesota
Statutes 2006, section 609.805, is repealed.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE
2
DWI
AND DRIVING RELATED PROVISIONS
Section
1. Minnesota Statutes 2006, section 169A.275, is amended by adding a
subdivision to read:
Subd.
7. Exception. (a) A judge is not
required to sentence a person as provided in this section if the judge requires
the person as a condition of probation to drive only motor vehicles equipped
with an ignition interlock device meeting the standards described in section
171.306.
(b)
This subdivision expires July 1, 2009.
EFFECTIVE DATE. This section is
effective July 1, 2007, and applies to crimes committed on or after that date.
Sec.
2. Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
Subd.
7. Requirements for conducting tests;
liability. (a) Only a physician, medical technician, emergency medical
technician-paramedic, registered nurse, medical technologist, medical
laboratory technician, phlebotomist, or laboratory assistant acting at
the request of a peace officer may withdraw blood for the purpose of
determining the presence of alcohol, a controlled substance or its metabolite,
or a hazardous substance. This limitation does not apply to the taking of a
breath or urine sample.
(b)
The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the
direction of a peace officer; provided, that the additional test sample on
behalf of the person is obtained at the place where the person is in custody,
after the test administered at the direction of a peace officer, and at no
expense to the state. The failure or inability to obtain an additional test or
tests by a person does not preclude the admission in evidence of the test taken
at the direction of a peace officer unless the additional test was prevented or
denied by the peace officer.
(c)
The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, phlebotomist,
or registered nurse drawing blood at the request of a peace officer for the
purpose of determining the concentration of alcohol, a controlled substance or
its metabolite, or a hazardous substance is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The person
administering a breath test must be fully trained in the administration of
breath tests pursuant to training given by the commissioner of public safety.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to crimes committed on
or after that date.
Sec.
3. Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
to read:
Subd.
9. Driving record disclosure to law
enforcement. The commissioner shall also furnish driving records,
without charge, to chiefs of police, county sheriffs, prosecuting attorneys,
and other law enforcement agencies with the power to arrest.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2050
Sec.
4. [171.306] IGNITION INTERLOCK
DEVICE PILOT PROJECT.
Subdivision
1. Pilot project established; reports.
The commissioner shall conduct a two-year ignition interlock device pilot
project as provided in this section. The commissioner shall select one
metropolitan county and one rural county to participate in the pilot project.
The pilot project must begin on July 1, 2007, and continue until June 30, 2009.
The commissioner shall submit two preliminary reports by February 1, 2008, and
by December 1, 2008, and a final report by September 1, 2009, to the chairs and
ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and funding. The reports must
evaluate the successes and failures of the pilot project, provide information
on participation rates, and make recommendations on continuing the project.
Subd.
2. Performance standards; certification.
The commissioner shall determine appropriate performance standards and a
certification process for ignition interlock devices for the pilot project.
Only devices certified by the commissioner as meeting the performance standards
may be used in the pilot project.
Subd.
3. Pilot project components. (a)
Under the pilot project, the commissioner shall issue a driver's license to an
individual whose driver's license has been revoked under chapter 169A for a
repeat impaired driving incident if the person qualifies under this section and
agrees to all of the conditions of the project.
(b)
The commissioner must flag the person's driver's license record to indicate the
person's participation in the program. The license must authorize the person to
drive only vehicles having functioning ignition interlock devices conforming
with the requirements of subdivision 2.
(c)
Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person
participating in the ignition interlock pilot program shall be subject to this
program, and when the person is eligible to be issued:
(1)
a limited driver's license subject to the ignition interlock restriction;
(2)
full driving privileges subject to the ignition interlock restriction; and
(3)
a driver's license without an ignition interlock restriction.
(d)
A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.
(e)
The commissioner shall determine guidelines for participation in the project. A
person participating in the project shall sign a written agreement accepting
these guidelines and agreeing to comply with them.
(f)
It is a misdemeanor for a person who is licensed under this section for driving
a vehicle equipped with an ignition interlock device:
(1)
to start or attempt to start, or to operate or attempt to operate, the vehicle
while the person has any amount of alcohol in the person's body; or
(2)
to drive, operate or be in physical control of a motor vehicle other than a
vehicle properly equipped with an ignition interlock device.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2051
Sec.
5. Minnesota Statutes 2006, section 171.55, is amended to read:
171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
The
commissioner shall give the same effect for driver licensing purposes to
conduct reported from a licensing authority or court in another state or
province or territory of Canada that the commissioner would give to conduct
reported from a court or other agency of this state, whether or not the other
state or province or territory of Canada is a party to the Driver
License Compact in section 171.50. The conduct to be given effect by the
commissioner includes a report of conviction for an offense enumerated in
section 171.50, article IV, or an offense described in sections 171.17 and
171.18.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
6. Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
Subdivision
1. Criminal vehicular homicide
operation; crime described. A person is guilty of criminal vehicular homicide
resulting in death and may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both
operation and may be sentenced as provided in subdivision 1a, if the person
causes injury to or the death of a human being not constituting
murder or manslaughter another as a result of operating a motor
vehicle:
(1) in
a grossly negligent manner;
(2) in
a negligent manner while under the influence of:
(i)
alcohol;
(ii) a
controlled substance; or
(iii)
any combination of those elements;
(3)
while having an alcohol concentration of 0.08 or more;
(4)
while having an alcohol concentration of 0.08 or more, as measured within two
hours of the time of driving;
(5) in
a negligent manner while knowingly under the influence of a hazardous
substance;
(6) in
a negligent manner while any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7)
where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6.; or
(8)
where the driver had actual knowledge that the motor vehicle was defectively
maintained and the injury or death was caused by the defective maintenance.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2052
Sec.
7. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:
Subd.
1a. Criminal penalties. (a) A
person who violates subdivision 1 and causes the death of a human being not
constituting murder or manslaughter or the death of an unborn child may be
sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both.
(b)
A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn
child who is subsequently born alive may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.
(c)
A person who violates subdivision 1 and causes substantial bodily harm to
another may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $10,000, or both.
(d)
A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
8. Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:
Subd.
1b. Conviction not bar to punishment for
other crimes. A prosecution for or a conviction of a crime under
this section relating to causing death or injury to an unborn child is not a
bar to conviction of or punishment for any other crime committed by the
defendant as part of the same conduct.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
9. Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
Subd.
4a. Affirmative defense. It shall be
an affirmative defense to a charge under subdivision 1, clause (6); 2,
clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4, clause (6),
that the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and
152.12.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec.
10. Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
Subd.
5. Definitions. For purposes of this
section, the terms defined in this subdivision have the meanings given them.
(a)
"Motor vehicle" has the meaning given in section 609.52, subdivision
1, and includes attached trailers.
(b)
"Controlled substance" has the meaning given in section 152.01,
subdivision 4.
(c)
"Hazardous substance" means any chemical or chemical compound that is
listed as a hazardous substance in rules adopted under chapter 182.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2053
Sec.
11. Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
Subdivision
1. Certificates of analysis; blood
sample reports; chain of custody. (a) In any hearing or trial of a
criminal offense or petty misdemeanor or proceeding pursuant to section
169A.53, subdivision 3, the following documents shall be admissible in
evidence:
(a) (1) a report of the facts and
results of any laboratory analysis or examination if it is prepared and
attested by the person performing the laboratory analysis or examination in any
laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the
Federal Bureau of Investigation, the federal Postal Inspection Service, the
federal Bureau of Alcohol, Tobacco and Firearms, or the federal Drug Enforcement
Administration;
(b) (2) a report of a blood sample
withdrawn under the implied consent law if:
(i)
the report was prepared by the person who administered the test;
(ii) the
person who withdrew the blood sample was competent to administer the test under
section 169A.51, subdivision 7; and
(iii)
the report was prepared consistent with any applicable rules promulgated by the
commissioner of public safety; and
(c) (3) a verified
chain of custody of a specimen while under the control of a laboratory
described in clause (a) (1).
(b)
A report
described in paragraph (a), clause (a) (1), purported to
be signed by the person performing the analysis or examination in a laboratory
named in that clause, or a blood sample report described in paragraph (a), clause
(b) (2), purported to be signed by the person who withdrew the
blood sample shall be admissible as evidence without proof of the seal,
signature or official character of the person whose name is signed to it. The
signature in paragraph (a), clause (a) (1) or (b)
(2), can be written or in electronic format.
(c)
At least 20 days before trial, the prosecutor shall submit to the accused
person or the accused person's attorney notice of the contents of a report
described in paragraph (a) and of the requirements of subdivision 2.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
12. Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
Subd.
2. Testimony at trial. (a) Except
in civil proceedings, including proceedings under section 169A.53, an accused
person or the accused person's attorney may request, by notifying the
prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:
(a) (1) a person who performed the
laboratory analysis or examination for the report described in subdivision 1, paragraph
(a), clause (a) (1); or
(b) (2) a person who prepared the
blood sample report described in subdivision 1, paragraph (a), clause (b)
(2).
If a
petitioner in a proceeding under section 169A.53 subpoenas a person described
in paragraph (a) clause (1) or (b) (2) to testify
at the proceeding, the petitioner is not required to pay the person witness
fees under section 357.22 in excess of $100.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2054
(b)
If the accused person or the accused person's attorney does not comply with the
ten-day requirement described in paragraph (a), the prosecutor is not required
to produce the person who performed the analysis or examination or prepared the
report. In this case, the accused person's right to confront that witness is
waived and the report shall be admitted into evidence.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
13. REVISOR'S INSTRUCTION.
(a)
In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
subdivision 2, the revisor of statutes shall change the references in column A
to the references in column B.
Column A Column
B
609.21, subdivision 1 609.21,
subdivision 1a, paragraph (a)
609.21, subdivision 2 609.21,
subdivision 1a, paragraph (b)
609.21, subdivision 2a 609.21,
subdivision 1a, paragraph (c)
609.21, subdivision 2b 609.21,
subdivision 1a, paragraph (d)
609.21, subdivision 4 609.21,
subdivision 1a, paragraph (b)
(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor
of statutes shall replace the reference to Minnesota Statutes, section 609.21,
subdivisions 3 and 4, with a reference to Minnesota Statutes, section 609.21,
subdivision 1b.
(c) In Minnesota Statutes, section 609.266, the revisor of statutes shall
replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and
4, with a reference to Minnesota Statutes, section 609.21, subdivision 1a,
paragraphs (a) and (b).
(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and
Minnesota Statutes, section 169A.24, subdivision 1, the revisor of statutes
shall strike the references to Minnesota Statutes, section 609.21, subdivision
2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 2b,
clauses (2) to (6); subdivision 3, clauses (2) to (6); and subdivision 4,
clauses (2) to (6).
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 14. REPEALER.
Subdivision 1. Verify auto insurance.
Minnesota Statutes 2006, section 169.796, subdivision 3, is repealed.
Subd. 2. Suspension of mailed
demands. Laws 2005, First Special Session chapter 6, article 3,
section 91, is repealed.
Subd. 3. Criminal vehicular
operation. Minnesota Statutes 2006, section 609.21, subdivisions 2,
2a, 2b, 3, and 4, are repealed.
EFFECTIVE DATE. Subdivisions 1 and 2 are
effective the day following final enactment. Subdivision 3 is effective August
1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2055
ARTICLE 3
CRIME VICTIMS
Section 1. [504B.206] RIGHT
OF VICTIMS OF DOMESTIC ABUSE TO TERMINATE LEASE.
Subdivision 1. Right to terminate;
procedure. A tenant to a residential lease who is a victim of
domestic abuse and fears imminent domestic abuse against the tenant or the
tenant's children by remaining in the leased premises may terminate a lease
agreement without penalty or liability, except as provided by this section, by
providing written notice to the landlord stating that the tenant fears imminent
domestic abuse and indicating the specific date the tenant intends to vacate
the premises. The written notice must be delivered by mail, fax, or in person,
and be accompanied by one of the following:
(1) an order for protection under chapter 518B; or
(2) a no contact order, currently in effect, issued under section
518B.01, subdivision 22, or chapter 609.
Subd. 2. Confidentiality of
information. Information provided to the landlord by the victim documenting
domestic abuse pursuant to subdivision 1 shall be treated by the landlord as
confidential. The information may not be entered into any shared database or
provided to any entity except when required for use in an eviction proceeding,
upon the consent of the victim, or as otherwise required by law.
Subd. 3. Liability for rent;
termination of tenancy. (a) A tenant terminating a lease pursuant to
subdivision 1 is responsible for one month's rent following the vacation of the
premises and is relieved of any contractual obligation for payment of rent or
any other charges for the remaining term of the lease.
(b) This section does not affect a tenant's liability for delinquent,
unpaid rent or other sums owed to the landlord before the lease was terminated by
the tenant under this section. The return or retention of the security deposit
is subject to the provisions of section 504B.178.
(c) The tenancy terminates, including the right of possession of the
premises, when the tenant surrenders the keys to the premises to the landlord.
The one month's rent is due and payable on or before the date the tenant
vacates the premises, as indicated in their written notice pursuant to
subdivision 1. For purposes of this section, the provisions of section 504B.178
commence upon the first day of the month following either:
(1) the date the tenant vacates the premises; or
(2) the date the tenant pays the one month's rent, whichever occurs
first.
(d) The provisions of this subdivision do not apply until written
notice meeting the requirements of subdivision 1 is delivered to the landlord.
Subd. 4. Multiple tenants. Notwithstanding
the release of a tenant from a lease agreement under this section, if there are
any remaining tenants residing in the premises the tenancy shall continue for
those remaining tenants. A perpetrator who has been excluded from the premises
under court order remains liable under the lease with any other tenant of the
premises for rent or damage to the premises.
Subd. 5. Waiver prohibited. A
residential tenant may not waive, and a landlord may not require the
residential tenant to waive, the resident tenant's rights under this section.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2056
Subd. 6. Definition. For purposes
of this section, "domestic abuse" has the meaning given in section
518B.01, subdivision 2.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes 2006, section 518B.01, subdivision 6a, is
amended to read:
Subd. 6a. Subsequent orders and
extensions. (a) Upon application, notice to all parties, and
hearing, the court may extend the relief granted in an existing order for
protection or, if a petitioner's order for protection is no longer in effect
when an application for subsequent relief is made, grant a new order. The court
may extend the terms of an existing order or, if an order is no longer in
effect, grant a new order upon a showing that:
(1) the respondent has violated a prior or existing order for
protection;
(2) the petitioner is reasonably in fear of physical harm from the
respondent;
(3) the respondent has engaged in acts of harassment or stalking within
the meaning of section 609.749, subdivision 2; or
(4) the respondent is incarcerated and about to be released, or has
recently been released from incarceration.
A petitioner does not need to show that physical harm is imminent to
obtain an extension or a subsequent order under this subdivision.
(b) If the court extends relief in an existing order for protection or
grants a new order, the court may order the respondent to provide the following
information to the court for purposes of service of process: the respondent's
home address, the respondent's employment address, and the names and locations
of the respondent's parents, siblings, children, or other close relatives.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. Minnesota Statutes 2006, section 595.02, subdivision 1, is
amended to read:
Subdivision 1. Competency of
witnesses. Every person of sufficient understanding, including a party, may
testify in any action or proceeding, civil or criminal, in court or before any
person who has authority to receive evidence, except as provided in this
subdivision:
(a) A husband cannot be examined for or against his wife without her
consent, nor a wife for or against her husband without his consent, nor can
either, during the marriage or afterwards, without the consent of the other, be
examined as to any communication made by one to the other during the marriage.
This exception does not apply to a civil action or proceeding by one against
the other, nor to a criminal action or proceeding for a crime committed by one
against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is
charged with homicide or an attempt to commit homicide and the date of the
marriage of the defendant is subsequent to the date of the offense, nor to an
action or proceeding for nonsupport, neglect, dependency, or termination of
parental rights.
(b) An attorney cannot, without the consent of the attorney's client,
be examined as to any communication made by the client to the attorney or the attorney's
advice given thereon in the course of professional duty; nor can any employee
of the attorney be examined as to the communication or advice, without the
client's consent.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2057
(c) A member of the clergy or other minister of any religion shall not,
without the consent of the party making the confession, be allowed to disclose
a confession made to the member of the clergy or other minister in a
professional character, in the course of discipline enjoined by the rules or
practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any
religion be examined as to any communication made to the member of the clergy
or other minister by any person seeking religious or spiritual advice, aid, or
comfort or advice given thereon in the course of the member of the clergy's or
other minister's professional character, without the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor shall
not, without the consent of the patient, be allowed to disclose any information
or any opinion based thereon which the professional acquired in attending the
patient in a professional capacity, and which was necessary to enable the
professional to act in that capacity; after the decease of the patient, in an
action to recover insurance benefits, where the insurance has been in existence
two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this
privilege, and no oral or written waiver of the privilege shall have any
binding force or effect except when made upon the trial or examination where
the evidence is offered or received.
(e) A public officer shall not be allowed to disclose communications
made to the officer in official confidence when the public interest would
suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the time of their
production for examination are not competent witnesses if they lack capacity to
remember or to relate truthfully facts respecting which they are examined.
(g) A registered nurse, psychologist, consulting psychologist, or
licensed social worker engaged in a psychological or social assessment or
treatment of an individual at the individual's request shall not, without the
consent of the professional's client, be allowed to disclose any information or
opinion based thereon which the professional has acquired in attending the
client in a professional capacity, and which was necessary to enable the
professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and
626.557.
(h) An interpreter for a person disabled in communication shall not,
without the consent of the person, be allowed to disclose any communication if
the communication would, if the interpreter were not present, be privileged.
For purposes of this section, a "person disabled in communication"
means a person who, because of a hearing, speech or other communication
disorder, or because of the inability to speak or comprehend the English
language, is unable to understand the proceedings in which the person is
required to participate. The presence of an interpreter as an aid to
communication does not destroy an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not disclose
information or an opinion based on the information which they acquire from
persons consulting them in their professional capacities, and which was
necessary to enable them to act in that capacity, except that they may do so:
(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in
clear and imminent danger to the client or others;
(2) when the communications reveal the contemplation or ongoing
commission of a crime; or
(3) when the consulting person waives the privilege by bringing suit or
filing charges against the licensed professional whom that person consulted.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2058
(j) A parent or the parent's minor child may not be examined as to any
communication made in confidence by the minor to the minor's parent. A
communication is confidential if made out of the presence of persons not
members of the child's immediate family living in the same household. This
exception may be waived by express consent to disclosure by a parent entitled
to claim the privilege or by the child who made the communication or by failure
of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one
spouse against the other or by a parent or child against the other, nor to a
proceeding to commit either the child or parent to whom the communication was
made or to place the person or property or either under the control of another
because of an alleged mental or physical condition, nor to a criminal action or
proceeding in which the parent is charged with a crime committed against the
person or property of the communicating child, the parent's spouse, or a child
of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of
a parent or a child of a parent, nor to an action or proceeding for termination
of parental rights, nor any other action or proceeding on a petition alleging
child abuse, child neglect, abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be compelled to testify about
allowed to disclose any opinion or information received from or about the
victim without the consent of the victim. However, a counselor may be compelled
to identify or disclose information in investigations or proceedings related to
neglect or termination of parental rights if the court determines good cause
exists. In determining whether to compel disclosure, the court shall weigh the
public interest and need for disclosure against the effect on the victim, the
treatment relationship, and the treatment services if disclosure occurs.
Nothing in this clause exempts sexual assault counselors from compliance with
the provisions of sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this section
means a person who has undergone at least 40 hours of crisis counseling
training and works under the direction of a supervisor in a crisis center,
whose primary purpose is to render advice, counseling, or assistance to victims
of sexual assault.
(l) A person cannot be examined as to any communication or document,
including worknotes, made or used in the course of or because of mediation
pursuant to an agreement to mediate. This does not apply to the parties in the
dispute in an application to a court by a party to have a mediated settlement
agreement set aside or reformed. A communication or document otherwise not
privileged does not become privileged because of this paragraph. This paragraph
is not intended to limit the privilege accorded to communication during
mediation by the common law.
(m) A child under ten years of age is a competent witness unless the
court finds that the child lacks the capacity to remember or to relate
truthfully facts respecting which the child is examined. A child describing any
act or event may use language appropriate for a child of that age.
(n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person
making the communication, be allowed to disclose communications made to the
communication assistant for the purpose of relaying.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 609.748, subdivision 5, is
amended to read:
Subd. 5. Restraining order.
(a) The court may grant a restraining order ordering the respondent to cease or
avoid the harassment of another person or to have no contact with that person
if all of the following occur:
(1) the petitioner has filed a petition under subdivision 3;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2059
(2) the sheriff has served respondent with a copy of the temporary
restraining order obtained under subdivision 4, and with notice of the right to
request a hearing, or service has been made by publication under subdivision 3,
paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to
believe that the respondent has engaged in harassment.
A restraining order may be
issued only against the respondent named in the petition; except that if the
respondent is an organization, the order may be issued against and apply to all
of the members of the organization. Relief granted by the restraining order
must be for a fixed period of not more than two years. When a referee presides
at the hearing on the petition, the restraining order becomes effective upon
the referee's signature.
If the petitioner has had one or more restraining orders in effect
against the respondent, the court may order the respondent to provide the
following information to the court for purposes of service of process: the
respondent's home address, the respondent's employment address, and the names
and locations of the respondent's parents, siblings, children, or other close
relatives.
(b) An order issued under this subdivision must be personally served
upon the respondent. If personal service cannot be made, the court may order
service by alternate means, or by publication, which publication must be made
as in other actions. The application for alternate service must include the
last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment;
the names and locations of the respondent's parents, siblings, children, and
other close relatives; the names and locations of other persons who are likely
to know the respondent's whereabouts; and a description of efforts to locate
those persons. The court shall consider the length of time the respondent's
location has been unknown, the likelihood that the respondent's location will
become known, the nature of the relief sought, and the nature of efforts made
to locate the respondent. The court shall order service by first class mail,
forwarding address requested, to any addresses where there is a reasonable
possibility that mail or information will be forwarded or communicated to the
respondent. The court may also order publication, within or without the state,
but only if it might reasonably succeed in notifying the respondent of the
proceeding. Service shall be deemed complete 14 days after mailing or 14 days
after court-ordered publication.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 611A.036, subdivision 2, is
amended to read:
Subd. 2. Victim's spouse or next
of kin. An employer must allow a victim of a heinous violent
crime, as well as the victim's spouse or next of kin, reasonable time off from
work to attend criminal proceedings related to the victim's case.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 611A.036, subdivision 7, is
amended to read:
Subd. 7. Definition. As used
in this section, "heinous crime" "violent crime"
means a violation or attempt to violate any of the following: section
609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223;
609.2231; 609.2241; 609.2242; 609.2245; 609.2247; 609.228; 609.23; 609.231;
609.2325; 609.233; 609.235; 609.24; 609.245; 609.25; 609.255; 609.265;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.2672;
609.268; 609.282; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453;
609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582, subdivision 1,
paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2060
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense
was committed with force or violence or if the complainant was a minor at the
time of the offense.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 7. [611A.26] POLYGRAPH
EXAMINATIONS; CRIMINAL SEXUAL CONDUCT COMPLAINTS; LIMITATIONS.
Subdivision 1. Polygraph prohibition.
No law enforcement agency or prosecutor shall require that a complainant of
a criminal sexual conduct offense submit to a polygraph examination as part of
or a condition to proceeding with the investigation, charging, or prosecution
of such offense.
Subd. 2. Law enforcement inquiry.
A law enforcement agency or prosecutor may not ask that a complainant of a
criminal sexual conduct offense submit to a polygraph examination as part of
the investigation, charging, or prosecution of such offense unless the
complainant has been referred to, and had the opportunity to exercise the
option of consulting with a sexual assault counselor as defined in section
595.02, subdivision 1, paragraph (k).
Subd. 3. Informed consent requirement.
At the request of the complainant, a law enforcement agency may conduct a
polygraph examination of the complainant only with the complainant's written,
informed consent as provided in subdivision 3.
Subd. 4. Informed consent. To
consent to a polygraph, a complainant must be informed in writing that:
(1) the taking of the polygraph examination is voluntary and solely at
the victim's request;
(2) a law enforcement agency or prosecutor may not ask or require that
the complainant submit to a polygraph examination;
(3) the results of the examination are not admissible in court; and
(4) the complainant's refusal to take a polygraph examination may not
be used as a basis by the law enforcement agency or prosecutor not to investigate,
charge, or prosecute the offender.
Subd. 5. Polygraph refusal. A
complainant's refusal to submit to a polygraph examination shall not prevent
the investigation, charging, or prosecution of the offense.
Subd. 6. Definitions. For
the purposes of this section, the following terms have the meanings given.
(a) "Criminal sexual conduct" means a violation of section
609.342, 609.343, 609.344, 609.345, or 609.3451.
(b) "Complainant" means a person reporting to have been
subjected to criminal sexual conduct.
(c) "Polygraph examination" means any mechanical or
electrical instrument or device of any type used or allegedly used to examine,
test, or question individuals for the purpose of determining truthfulness.
EFFECTIVE DATE. This section is effective
July 1, 2008.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2061
ARTICLE 4
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota Statutes 2006, section 3.732, subdivision 1, is
amended to read:
Subdivision 1. Definitions. As
used in this section and section 3.736 the terms defined in this section have
the meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions, courts, and officers in the executive, legislative, and
judicial branches of the state of Minnesota and includes but is not limited to
the Housing Finance Agency, the Minnesota Office of Higher Education, the
Higher Education Facilities Authority, the Health Technology Advisory
Committee, the Armory Building Commission, the Zoological Board, the Iron Range
Resources and Rehabilitation Board, the State Agricultural Society, the
University of Minnesota, the Minnesota State Colleges and Universities, state
hospitals, and state penal institutions. It does not include a city, town,
county, school district, or other local governmental body corporate and
politic.
(2) "Employee of the state" means all present or former
officers, members, directors, or employees of the state, members of the
Minnesota National Guard, members of a bomb disposal unit approved by the
commissioner of public safety and employed by a municipality defined in section
466.01 when engaged in the disposal or neutralization of bombs or other similar
hazardous explosives, as defined in section 299C.063, outside the jurisdiction
of the municipality but within the state, or persons acting on behalf of the
state in an official capacity, temporarily or permanently, with or without
compensation. It does not include either an independent contractor except,
for purposes of this section and section 3.736 only, a guardian ad litem acting
under court appointment, or members of the Minnesota National Guard while
engaged in training or duty under United States Code, title 10, or title 32,
section 316, 502, 503, 504, or 505, as amended through December 31, 1983.
Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district
public defender or assistant district public defender in the Second or Fourth
Judicial District and a member of the Health Technology Advisory Committee.
(3) "Scope of office or employment" means that the employee
was acting on behalf of the state in the performance of duties or tasks
lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes 2006, section 3.736, subdivision 1, is
amended to read:
Subdivision 1. General rule.
The state will pay compensation for injury to or loss of property or personal
injury or death caused by an act or omission of an employee of the state while
acting within the scope of office or employment or a peace officer who is not
acting on behalf of a private employer and who is acting in good faith under
section 629.40, subdivision 4, under circumstances where the state, if a
private person, would be liable to the claimant, whether arising out of a
governmental or proprietary function. Nothing in this section waives the
defense of judicial, quasi-judicial, or legislative immunity except to
the extent provided in subdivision 8.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2062
Sec. 3. Minnesota Statutes 2006, section 15A.083, subdivision 4, is
amended to read:
Subd. 4. Ranges for other
judicial positions. Salaries or salary ranges are provided for the
following positions in the judicial branch of government. The appointing
authority of any position for which a salary range has been provided shall fix
the individual salary within the prescribed range, considering the
qualifications and overall performance of the employee. The Supreme Court
shall set the salary of the state court administrator and the salaries of
district court administrators. The salary of the state court administrator or a
district court administrator may not exceed the salary of a district court
judge. If district court administrators die, the amounts of their unpaid
salaries for the months in which their deaths occur must be paid to their
estates. The salary of the state public defender shall be fixed by the State
Board of Public Defense but must not exceed the salary of a district court judge.
Salary
or Range
Effective
July
1, 1994
Board on Judicial Standards executive director $44,000-60,000
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 260C.193, subdivision 6, is
amended to read:
Subd. 6. Termination of
jurisdiction. The court may dismiss the petition or otherwise terminate its
jurisdiction on its own motion or on the motion or petition of any interested
party at any time. Unless terminated by the court, and except as otherwise provided
in this subdivision, the jurisdiction of the court shall continue until the
individual becomes 19 years of age if the court determines it is in the best
interest of the individual to do so. Court jurisdiction under section
260C.007, subdivision 6, clause (14), may not continue past the child's 18th
birthday.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 270A.03, subdivision 5, is
amended to read:
Subd. 5. Debt.
"Debt" means a legal obligation of a natural person to pay a fixed
and certain amount of money, which equals or exceeds $25 and which is due and
payable to a claimant agency. The term includes criminal fines imposed under
section 609.10 or 609.125, fines imposed for petty misdemeanors as defined in
section 609.02, subdivision 4a, and restitution. The term also includes the
co-payment for the appointment of a district public defender imposed under
section 611.17, paragraph (c). A debt may arise under a contractual or
statutory obligation, a court order, or other legal obligation, but need not
have been reduced to judgment.
A debt includes any legal obligation of a current recipient of
assistance which is based on overpayment of an assistance grant where that
payment is based on a client waiver or an administrative or judicial finding of
an intentional program violation; or where the debt is owed to a program
wherein the debtor is not a client at the time notification is provided to
initiate recovery under this chapter and the debtor is not a current recipient
of food support, transitional child care, or transitional medical assistance.
A debt does not include any legal obligation to pay a claimant agency
for medical care, including hospitalization if the income of the debtor at the
time when the medical care was rendered does not exceed the following amount:
(1) for an unmarried debtor, an income of $8,800 or less;
(2) for a debtor with one dependent, an income of $11,270 or less;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2063
(3) for a debtor with two dependents, an income of $13,330 or less;
(4) for a debtor with three dependents, an income of $15,120 or less;
(5) for a debtor with four dependents, an income of $15,950 or less;
and
(6) for a debtor with five or more dependents, an income of $16,630 or
less.
The income amounts in this subdivision shall be adjusted for inflation
for debts incurred in calendar years 2001 and thereafter. The dollar amount of
each income level that applied to debts incurred in the prior year shall be
increased in the same manner as provided in section 1(f) of the Internal
Revenue Code of 1986, as amended through December 31, 2000, except that for the
purposes of this subdivision the percentage increase shall be determined from
the year starting September 1, 1999, and ending August 31, 2000, as the base
year for adjusting for inflation for debts incurred after December 31, 2000.
Debt also includes an agreement to pay a MinnesotaCare premium,
regardless of the dollar amount of the premium authorized under section
256L.15, subdivision 1a.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 352D.02, subdivision 1, is
amended to read:
Subdivision 1. Coverage. (a)
Employees enumerated in paragraph (c), clauses (2), (3), (4), and (6) to (14),
if they are in the unclassified service of the state or Metropolitan Council
and are eligible for coverage under the general state employees retirement plan
under chapter 352, are participants in the unclassified plan under this chapter
unless the employee gives notice to the executive director of the Minnesota
State Retirement System within one year following the commencement of
employment in the unclassified service that the employee desires coverage under
the general state employees retirement plan. For the purposes of this chapter,
an employee who does not file notice with the executive director is deemed to
have exercised the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), clause (5), are participants
in the unclassified program under this chapter unless the person was eligible
to elect different coverage under section 3A.07 and elected retirement coverage
by the applicable alternative retirement plan. Persons referenced in paragraph
(c), clause (15), are participants in the unclassified program under this
chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of state, the
state auditor, and the attorney general;
(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created by statute in
the unclassified service, an acting department head subsequently appointed to the
position, or an employee enumerated in section 15A.0815 or 15A.083, subdivision
4;
(5) a member of the legislature;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2064
(6) a full-time unclassified employee of the legislature or a
commission or agency of the legislature who is appointed without a limit on the
duration of the employment or a temporary legislative employee having shares in
the supplemental retirement fund as a result of former employment covered by
this chapter, whether or not eligible for coverage under the Minnesota State
Retirement System;
(7) a person who is employed in a position established under section
43A.08, subdivision 1, clause (3), or in a position authorized under a statute
creating or establishing a department or agency of the state, which is at the
deputy or assistant head of department or agency or director level;
(8) the regional administrator, or executive director of the
Metropolitan Council, general counsel, division directors, operations managers,
and other positions as designated by the council, all of which may not exceed
27 positions at the council and the chair;
(9) the executive director, associate executive director, and not to
exceed nine positions of the Minnesota Office of Higher Education in the
unclassified service, as designated by the Minnesota Office of Higher Education
before January 1, 1992, or subsequently redesignated with the approval of the
board of directors of the Minnesota State Retirement System, unless the person
has elected coverage by the individual retirement account plan under chapter
354B;
(10) the clerk of the appellate courts appointed under article VI,
section 2, of the Constitution of the state of Minnesota, the state court
administrator and judicial district administrators;
(11) the chief executive officers of correctional facilities operated
by the Department of Corrections and of hospitals and nursing homes operated by
the Department of Human Services;
(12) an employee whose principal employment is at the state ceremonial
house;
(13) an employee of the Minnesota Educational Computing Corporation;
(14) an employee of the State Lottery who is covered by the managerial
plan established under section 43A.18, subdivision 3; and
(15) a judge who has exceeded the service credit limit in section
490.121, subdivision 22.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 7. Minnesota Statutes 2006, section 484.54, subdivision 2, is
amended to read:
Subd. 2. Expense payments. A
judge shall be paid travel and subsistence expenses for travel from the judge's
place of residence to and from the judge's permanent chambers only for a period
of two years after July 1, 1977, or the date the judge initially assumes
office, whichever is later as provided by Judicial Council policy.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 8. Minnesota Statutes 2006, section 484.83, is amended to read:
484.83 REINSTATEMENT OF
FORFEITED SUMS.
Subdivision 1. Abandonment of fees.
All sums deposited with the court administrator to cover fees shall be
deemed abandoned if the fees are not disbursed or the services covered by the
fees are not performed and the person entitled to refund of the fees does not
file a written demand for a refund with the court administrator within six
months from the date of trial, dismissal, or striking of the cause as to jury
fees and from the date of deposit as to other fees.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2065
Subd. 2. Bail forfeitures. Any
bail not forfeited by court order shall be deemed abandoned and forfeited if the
person entitled to a refund does not file a written demand for a refund with
the court administrator within six months from the date when the person became
entitled to the refund.
Subd. 3. Reinstated forfeited sums.
A district court judge may order any sums forfeited to be reinstated and the
commissioner of finance shall then refund accordingly. The commissioner of
finance shall reimburse the court administrator if the court administrator
refunds the deposit upon a judge's order and obtains a receipt to be used as a
voucher.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006, section 504B.361, subdivision 1, is
amended to read:
Subdivision 1. Summons and writ.
(a) The state court administrator shall develop a uniform form for the
summons and writ of recovery of premises and order to vacate may be
substantially in the forms in paragraphs (b) and (c).
(b)
FORM
OF SUMMONS
State of Minnesota )
) ss.
County
of.................... )
Whereas, ..............., of ..........., has filed with the
undersigned, a judge of county stated, a complaint against ..............., of
.........., a copy of which is attached: You are hereby summoned to appear
before the undersigned on the .......... day of .........., year.........., at
.......... o'clock ...m., at .........., to answer and defend against the
complaint and to further be dealt with according to law.
Dated at ........, this ........ day of ........, year........
,
Judge....................................................... of
court.
(c)
FORM
OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
State of Minnesota )
) ss.
County
of.................... )
The State of Minnesota, to the Sheriff of the County:
Whereas, ..............., the plaintiff, of ...............,
in an eviction action, at a court held at ..............., in the county of
....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a
judgment against ..............., the ..............., to have recovery of the
following premises (describe here the property as in the complaint):
..................
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2066
Therefore, you are commanded that, taking with you the force
of the county, if necessary, you cause ................. to be immediately
removed from the premises, and the plaintiff to recover the premises. You are
also commanded that from the personal property of ........................
within the county that you seize and sell, the plaintiff be paid ............ .
dollars, as the costs assessed against the defendant, together with 25 cents
for this writ. You are ordered to return this writ within 30 days.
Dated at ........, this ........ day of ........, year........
,
Judge of....................................................... court.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
10. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to
read:
Subdivision
1. Permissive appointment of guardian ad
litem. In all proceedings for child custody or for dissolution or legal
separation where custody or parenting time with a minor child is in issue, the
court may appoint a guardian ad litem from a panel established by the court to
represent the interests of the child. The guardian ad litem shall advise the
court with respect to custody, support, and parenting time.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
11. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to
read:
Subd.
2. Required appointment of guardian ad
litem. In all proceedings for child custody or for marriage dissolution or
legal separation in which custody or parenting time with a minor child is an
issue, if the court has reason to believe that the minor child is a victim of
domestic child abuse or neglect, as those terms are defined in sections
260C.007 and 626.556, respectively, the court shall appoint a guardian ad
litem. The guardian ad litem shall represent the interests of the child and
advise the court with respect to custody, support, and parenting time.
If the child is represented by a guardian ad litem in any other pending
proceeding, the court may appoint that guardian to represent the child in the
custody or parenting time proceeding. No guardian ad litem need be appointed if
the alleged domestic child abuse or neglect is before the court on a juvenile
dependency and neglect petition. Nothing in this subdivision requires the court
to appoint a guardian ad litem in any proceeding for child custody, marriage
dissolution, or legal separation in which an allegation of domestic child abuse
or neglect has not been made.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
12. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to
read:
Subd.
3. Income cap on determining basic
support. (a) The basic support obligation for parents with a combined
parental income for determining child support in excess of the income limit
currently in effect under subdivision 2 must be the same dollar amount as
provided for the parties with a combined parental income for determining child
support equal to the income in effect under subdivision 2.
(b)
A court may order a basic support obligation in a child support order in an amount
that exceeds the income limit in subdivision 2 if it finds that a child has a
disability or other substantial, demonstrated need for the additional support
for those reasons set forth in section 518A.43 and that the additional support
will directly benefit the child.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2067
(c)
The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court
must select the index for the adjustment from the indices listed in section
518A.75, subdivision 1. The state court administrator must make the changes in
the dollar amounts required by this paragraph available to courts and the
public on or before April 30 of the year in which the amount is to change.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
13. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
to read:
Subd.
7a. Copy costs. The court
administrator shall provide a person who is proceeding in forma pauperis with
copies of the person's court file without charge.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
14. Minnesota Statutes 2006, section 590.05, is amended to read:
590.05 INDIGENT PETITIONERS.
A
person financially unable to obtain counsel who desires to pursue the remedy
provided in section 590.01 may apply for representation by the state public
defender. The state public defender shall represent such person under the
applicable provisions of sections 611.14 to 611.27, if the person has not
already had a direct appeal of the conviction. If, however, the person pled
guilty and received a presumptive sentence or a downward departure in sentence,
and the state public defender reviewed the person's case and determined that
there was no basis for an appeal of the conviction or of the sentence, then the
state public defender may decline to represent the person in a postconviction
remedy case. The state public defender may represent, without charge, all
other persons pursuing a postconviction remedy under section 590.01, who are
financially unable to obtain counsel.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
15. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to
read:
Subd.
8. Fine and surcharge collection. A
defendant's obligation to pay court-ordered fines, surcharges, court costs,
restitution, and fees shall survive for a period of six years from the date
of the expiration of the defendant's stayed sentence for the offense for which
the fines, surcharges, court costs, restitution, and fees were imposed,
or six years from the imposition or due date of the fines, surcharges, court
costs, restitution, and fees, whichever is later. Nothing in this
subdivision extends the period of a defendant's stay of sentence imposition or
execution.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
16. Minnesota Statutes 2006, section 611.14, is amended to read:
611.14 RIGHT TO
REPRESENTATION BY PUBLIC DEFENDER.
The
following persons who are financially unable to obtain counsel are entitled to
be represented by a public defender:
(1)
a person charged with a felony, gross misdemeanor, or misdemeanor including a
person charged under sections 629.01 to 629.29;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2068
(2)
a person appealing from a conviction of a felony or gross misdemeanor, or a
person convicted of a felony or gross misdemeanor, who is pursuing a
postconviction proceeding and who has not already had a direct appeal of the
conviction, but if the person pled guilty and received a presumptive
sentence or a downward departure in sentence, and the state public defender
reviewed the person's case and determined that there was no basis for an appeal
of the conviction or of the sentence, then the state public defender may
decline to represent the person in a postconviction remedy case;
(3)
a person who is entitled to be represented by counsel under section 609.14,
subdivision 2; or
(4)
a minor ten years of age or older who is entitled to be represented by counsel
under section 260B.163, subdivision 4, or 260C.163, subdivision 3.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
17. Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:
Subd.
6. Reimbursement schedule guidelines.
In determining a defendant's reimbursement schedule, the court may derive a
specific dollar amount per month by multiplying the defendant's net income by
the percent indicated by the following guidelines:
Net Income Per Month Number
of Dependents Not Including Defendant
of Defendant
4 or
more 3 2 1 0
$200 and Below Percentage
based on the ability of the defendant to pay
as
determined by the court.
$200 - 350 8% 9.5% 11% 12.5% 14%
$351 - 500 9% 11% 12.5% 14% 15%
$501 - 650 10% 12% 14% 15% 17%
$651 - 800 11% 13.5% 15.5% 17% 19%
$801 and above 12% 14.5% 17% 19% 20%
"Net income" shall
have the meaning given it in section 518.551, subdivision 5.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 18. Minnesota Statutes
2006, section 611.215, subdivision 1, is amended to read:
Subdivision 1. Structure; membership. (a) The State
Board of Public Defense is a part of, but is not subject to the administrative
control of, the judicial branch of government. The State Board of Public
Defense shall consist of seven members including:
(1) four attorneys admitted
to the practice of law, well acquainted with the defense of persons accused of
crime, but not employed as prosecutors, appointed by the Supreme Court; and
(2) three public members
appointed by the governor.
After the expiration of the
terms of persons appointed to the board before March 1, 1991, The appointing authorities
may not appoint a person who is a judge to be a member of the State Board of
Public Defense, other than as a member of the ad hoc Board of Public Defense.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2069
(b) All members shall
demonstrate an interest in maintaining a high quality, independent defense
system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At
least three members of the board shall be from judicial districts other than
the First, Second, Fourth, and Tenth Judicial Districts. The terms,
compensation, and removal of members shall be as provided in section 15.0575.
The chair shall be elected by the members from among the membership for a term
of two years.
(c) In addition, the State
Board of Public Defense shall consist of a nine-member ad hoc board when
considering the appointment of district public defenders under section 611.26,
subdivision 2. The terms of chief district public defenders currently serving
shall terminate in accordance with the staggered term schedule set forth in
section 611.26, subdivision 2.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 19. Minnesota Statutes
2006, section 611.215, subdivision 1a, is amended to read:
Subd. 1a. Chief administrator. The State Board
of Public Defense, with the advice of the state public defender,
shall appoint a chief administrator who must be chosen solely on the basis of
training, experience, and other qualifications, and who will serve at the
pleasure of the state public defender State Board of Public Defense.
The chief administrator need not be licensed to practice law. The chief
administrator shall attend all meetings of the board, but may not vote, and
shall:
(1) enforce all resolutions,
rules, regulations, or orders of the board;
(2) present to the board and
the state public defender plans, studies, and reports prepared for the board's
and the state public defender's purposes and recommend to the board and the
state public defender for adoption measures necessary to enforce or carry out
the powers and duties of the board and the state public defender, or to
efficiently administer the affairs of the board and the state public defender;
(3) keep the board fully
advised as to its financial condition, and prepare and submit to the board its
annual budget and other financial information as it may request;
(4) recommend to the board
the adoption of rules and regulations necessary for the efficient operation of
the board and its functions; and
(5) perform other duties
prescribed by the board and the state public defender.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 20. Minnesota Statutes
2006, section 611.23, is amended to read:
611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; SALARY.
The state public defender is
responsible to the State Board of Public Defense. The state public defender
shall supervise the operation, activities, policies, and procedures of the
statewide public defender system. When requested by a district public defender
or appointed counsel, the state public defender may assist the district public
defender, appointed counsel, or an organization designated in section 611.216
in the performance of duties, including trial representation in matters
involving legal conflicts of interest or other special circumstances, and
assistance with legal research and brief preparation. The state public
defender shall be appointed by the State Board of Public Defense for a term of
four years, except as otherwise provided in this section, and until a successor
is appointed and qualified. The state public defender shall be a full-time
qualified attorney, licensed to practice law in
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2070
this state, serve in the
unclassified service of the state, and be removed only for cause by the
appointing authority. Vacancies in the office shall be filled by the appointing
authority for the unexpired term. The salary of the state public defender shall
be fixed by the State Board of Public Defense but must not exceed the salary of
a district court judge. Terms of the state public defender shall commence on
July 1. The state public defender shall devote full time to the performance of
duties and shall not engage in the general practice of law.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 21. Minnesota Statutes
2006, section 611.24, is amended to read:
611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF OFFICE;
ASSISTANTS.
The state public defender
shall supervise the operation, activities, policies and procedures of the state
public defender system. The state public defender shall employ or retain
assistant state public defenders, a chief administrator, a deputy state (a) Beginning January 1,
2007, and for every four years after that date, the State Board of Public
Defense shall appoint a chief appellate public defender in charge of appellate services,
who shall employ or retain assistant state public defenders and other
personnel as may be necessary to discharge the functions of the office. The
chief appellate public defender shall serve a four-year term and may be removed
only for cause upon the order of the State Board of Public Defense. The chief
appellate public defender shall be a full-time qualified attorney, licensed to
practice law in this state, and serve in the unclassified service of the state.
Vacancies in the office shall be filled by the appointing authority for the
unexpired term.
(b) An assistant state public
defender shall be a qualified attorney, licensed to practice law in this state,
serve in the unclassified service of the state if employed, and serve at the
pleasure of the appointing authority at a salary or retainer fee not to exceed
reasonable compensation for comparable services performed for other
governmental agencies or departments. Retained or part-time employed assistant
state public defenders may engage in the general practice of law. The
compensation of the chief appellate public defender and the compensation of
each assistant state public defender shall be set by the State Board of Public
Defense. The chief appellate public defender shall devote full time to the
performance of duties and shall not engage in the general practice of law.
(c) The incumbent deputy
state public defender as of December 31, 2006, shall be appointed as the chief
appellate public defender for the four-year term beginning on January 1, 2007.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 22. Minnesota Statutes
2006, section 611.25, subdivision 1, is amended to read:
Subdivision 1. Representation. (a) The state
chief appellate public defender shall represent, without charge:
(1) a defendant or other
person appealing from a conviction of a felony or gross misdemeanor;
(2) a person convicted of a
felony or gross misdemeanor who is pursuing a postconviction proceeding and who
has not already had a direct appeal of the conviction, but if the person
pled guilty and received a presumptive sentence or a downward departure in
sentence, and the state public defender reviewed the person's case and
determined that there was no basis for an appeal of the conviction or of the
sentence, then the state public defender may decline to represent the person in
a postconviction remedy case; and
(3) a child who is appealing
from a delinquency adjudication or from an extended jurisdiction juvenile
conviction.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2071
(b) The state
chief appellate public defender may represent, without charge, all other
persons pursuing a postconviction remedy under section 590.01, who are financially
unable to obtain counsel.
(c) The state public
defender shall represent any other person, who is financially unable to obtain
counsel, when directed to do so by the Supreme Court or the Court of Appeals,
except that The state chief appellate public defender shall
not represent a person in any action or proceeding in which a party is seeking
a monetary judgment, recovery or award. When requested by a district public
defender or appointed counsel, the state public defender may assist the
district public defender, appointed counsel, or an organization designated in
section 611.216 in the performance of duties, including trial representation in
matters involving legal conflicts of interest or other special circumstances,
and assistance with legal research and brief preparation. When the state public
defender is directed by a court to represent a defendant or other person, the
state public defender may assign the representation to any district public
defender.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 23. Minnesota Statutes
2006, section 611.26, subdivision 2, is amended to read:
Subd. 2. Appointment; terms. The state Board of
Public Defense shall appoint a chief district public defender for each judicial
district. When appointing a chief district public defender, the state Board of
Public Defense membership shall be increased to include two residents of the
district appointed by the chief judge of the district to reflect the
characteristics of the population served by the public defender in that
district. The additional members shall serve only in the capacity of selecting
the district public defender. The ad hoc state Board of Public Defense shall
appoint a chief district public defender only after requesting and giving
reasonable time to receive any recommendations from the public, the local bar
association, and the judges of the district. Each chief district public
defender shall be a qualified attorney licensed to practice law in this state.
The chief district public defender shall be appointed for a term of four years,
beginning January 1, pursuant to the following staggered term schedule: (1) in 2000
2008, the second and eighth districts; (2) in 2001 2009, the
first, third, fourth, and tenth districts; (3) in 2002 2010, the
fifth and ninth districts; and (4) in 1999 2011, the sixth and
seventh districts. The chief district public defenders shall serve for
four-year terms and may be removed for cause upon the order of the state Board
of Public Defense. Vacancies in the office shall be filled by the appointing
authority for the unexpired term. The chief district public defenders shall
devote full time to the performance of duties and shall not engage in the
general practice of law.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 24. Minnesota Statutes
2006, section 611.26, subdivision 7, is amended to read:
Subd. 7. Other employment. Chief district
public defenders and Assistant district public defenders may engage in the general
practice of law where not employed on a full-time basis.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 25. Minnesota Statutes
2006, section 611.27, subdivision 3, is amended to read:
Subd. 3. Transcript use. If the state
chief appellate public defender or a district public defender deems it
necessary to make a motion for a new trial, to take an appeal, or other
postconviction proceedings in order to properly represent a defendant or other
person whom that public defender had been directed to represent, that public
defender may use the transcripts of the testimony and other proceedings filed
with the court administrator of the district court as provided by section
243.49.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2072
Sec. 26. Minnesota Statutes
2006, section 611.27, subdivision 13, is amended to read:
Subd. 13. Public defense services; correctional
facility inmates. All billings for services rendered and ordered under
subdivision 7 shall require the approval of the chief district public defender
before being forwarded on a monthly basis to the state public defender. In
cases where adequate representation cannot be provided by the district public
defender and where counsel has been appointed under a court order, the state
public defender shall forward to the commissioner of finance all billings for
services rendered under the court order. The commissioner shall pay for
services from county criminal justice aid retained by the commissioner of
revenue for that purpose under section 477A.0121, subdivision 4, or from
county program aid retained by the commissioner of revenue for that purpose
under section 477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b,
paragraph (a).
The costs of appointed
counsel and associated services in cases arising from new criminal charges
brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public
Defense. In such cases the state public defender may follow the procedures
outlined in this section for obtaining court-ordered counsel.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 27. Minnesota Statutes
2006, section 611.27, subdivision 15, is amended to read:
Subd. 15. Costs of transcripts. In appeal cases
and postconviction cases where the state appellate public
defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the
transcript funds in its annual budget, the state public defender may forward to
the commissioner of finance all billings for transcripts and other necessary
expenses. The commissioner shall pay for these transcripts and other necessary
expenses from county criminal justice aid retained by the commissioner of
revenue under section 477A.0121, subdivision 4, or from county program aid
retained by the commissioner of revenue for that purpose under section
477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph
(a).
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 28. Minnesota Statutes
2006, section 611.35, is amended to read:
611.35 REIMBURSEMENT OF PUBLIC DEFENDER AND APPOINTIVE
APPOINTED COUNSEL.
Subdivision 1. Reimbursement; civil obligation. Any
person who is represented by a public defender or appointive
appointed counsel shall, if financially able to pay, reimburse the
governmental unit chargeable with the compensation of such public defender
or appointive appointed counsel for the actual costs to the
governmental unit in providing the services of the public defender or
appointive appointed counsel. The court in hearing such matter shall
ascertain the amount of such costs to be charged to the defendant and shall
direct reimbursement over a period of not to exceed six months, unless the
court for good cause shown shall extend the period of reimbursement. If a term
of probation is imposed as a part of a sentence, reimbursement of costs as
required by this chapter must not be made a condition of probation.
Reimbursement of costs as required by this chapter is a civil obligation and
must not be made a condition of a criminal sentence.
Subd. 2. Civil action. The county attorney may
commence a civil action to recover such cost remaining unpaid at the expiration
of six months unless the court has extended the reimbursement period and shall,
if it appears that such recipient of public defender or appointive
appointed counsel services is about to leave the jurisdiction of the court
or sell or otherwise dispose of assets out of which reimbursement may be
obtained, commence such action
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2073
forthwith. The county
attorney may compromise and settle any claim for reimbursement with the
approval of the court which heard the matter. No determination or action shall
be taken later than two years after the termination of the duties of the public
defender or appointive appointed counsel.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 29. Laws 2001, First Special Session chapter 8, article 4,
section 4, is amended to read:
Sec. 4. DISTRICT COURTS
$118,470,000 $128,842,000
Carlton County
Extraordinary Expenses. $300,000 the first year is to reimburse Carlton county for
extraordinary expenses related to homicide trials. This is a onetime
appropriation.
New Judge
Units. $774,000
the first year and $1,504,000 the second year are for an increase in judgeship
units, including one trial court judge unit beginning October 1, 2001, in the
tenth judicial district, one trial court judge unit beginning April 1, 2002, in
the third judicial district, one trial court judge unit beginning July 1, 2002,
in the tenth judicial district, one trial court judge unit beginning January 1,
2003, in the seventh judicial district, and one trial court judge unit
beginning January 1, 2003, in the first judicial district. Each judge unit
consists of a judge, law clerk, and court reporter.
Alternative
Dispute Resolution Programs. A portion of this appropriation may be used for the
alternative dispute resolution programs authorized by article 5, section 18.
Supplemental
Funding for Certain Mandated Costs. $4,533,000 the first year and $6,032,000 the second
year are to supplement funding for guardians ad litem, interpreters, rule 20
and civil commitment examinations, and in forma pauperis costs in the fifth,
seventh, eighth, and ninth judicial districts.
Trial Court
Infrastructure Staff. $684,000 the first year and $925,000 the second year are for
infrastructure staff.
Court
Effectiveness Initiatives; Community Courts and Screener Collectors. $835,000 the first year and
$765,000 the second year are for court effectiveness initiatives. Of this
amount, $125,000 each year is for continued funding of the community court in
the fourth judicial district and $125,000 each year is for continued funding of
the community court in the second judicial district. These are onetime
appropriations.
The second judicial district and fourth
judicial district shall each report quarterly to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction
over criminal justice funding on:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2074
(1) how money appropriated for this
initiative was spent; and
(2) the cooperation of other criminal justice
agencies and county units of government in the community courts' efforts.
The first report is due on October 1, 2001.
None of this appropriation may be used for the purpose of complying with these
reporting requirements.
Of this amount, $585,000 the first year and
$515,000 the second year are for screener collector programs.
The fifth, seventh, and ninth judicial
district courts shall implement screener collector programs to enhance the
collection of overdue fine revenue by at least ten percent in each location
serviced by a screener collector. By August 15, 2002, and annually thereafter,
the state court administrator shall report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over criminal justice policy and funding issues on the total amount of fines
collected, the amount of overdue fines collected for the two preceding fiscal
years, and the expenditures associated with the screener collector program.
Ninth District
County and Support Pilot Projects. Up to $99,000 each year may be used for the ninth
judicial district to implement the pilot projects on the six-month review of
child custody, parenting time, and support orders, and on the accounting for
child support by obligees.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 30. Laws 2003, First Special Session chapter 2, article 1,
section 2, is amended to read:
Sec. 2. SUPREME COURT
$38,806,000 $36,439,000
Report on
Court Fees. The state court administrator shall review and report back on the
financial consequences of policy changes made in the following areas: (1)
criminal and traffic offender surcharges; (2) public defender co-pays; and (3)
the use of revenue recapture to collect the public defender co-pay. The report
shall also list the local governmental units that employ administrative
procedures to collect fines for ordinance violations. The state court
administrator must submit the report to the chairs and ranking minority members
on the committees that have jurisdiction over court funding by January 15 of
each year.
$5,000 each year is for a contingent account
for expenses necessary for the normal operation of the court for which no other
reimbursement is provided.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2075
Legal Services to Low-Income
Clients in Family Law Matters. Of this appropriation, $877,000 each year is to
improve the access of low-income clients to legal representation in family law
matters. This appropriation must be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services programs described in
Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first year does not cancel and is
available in the second year.
Of this appropriation, $355,000 in fiscal year 2005 is for the
implementation of the Minnesota Child Support Act and is contingent upon its
enactment. This is a onetime appropriation.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 31. PUBLIC DEFENDER STUDY AND REPORT
REQUIRED.
The State Board of Public
Defense and the Hennepin County Board of Commissioners shall jointly prepare a
report to the legislature on the history of the funding of the public
defender's office in the Fourth Judicial District provided by the state and
Hennepin County. The report must compare the costs and services provided by the
Fourth Judicial District Public Defender's Office to the costs and services
provided by the state Board of Public Defense in all other public defender
district offices. The report must detail the amount of funding provided by
Hennepin County to the Fourth Judicial District Public Defender's Office and
the amount necessary for the state to assume the full costs of the public
defender duties in the Fourth Judicial District as in the other judicial
districts throughout the state. The report must also recommend specific
legislation that would provide for an appropriate resolution of the state and
local funding of the Fourth Judicial District Public Defender's Office. The
report must be completed by October 1, 2007, and be submitted to the
commissioner of finance, the chairs and ranking minority members of the senate
and house committees and divisions with jurisdiction over finance, judiciary,
judiciary finance, and public safety finance, and the house Ways and Means
Committee.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 32. REPEALER.
Minnesota Statutes 2006,
sections 260B.173; 480.175, subdivision 3; 611.20, subdivision 5; and 626A.17,
subdivision 3, are repealed.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 5
CORRECTIONS
Section 1. Minnesota
Statutes 2006, section 241.018, is amended to read:
241.018 PER DIEM CALCULATION.
Subdivision 1. State correctional facilities. (a) The commissioner of
corrections shall develop a uniform method to calculate the average
department-wide per diem cost of incarcerating offenders at state adult
correctional facilities. In addition to other costs currently factored into the
per diem, it must include an appropriate percentage of capitol costs for all
adult correctional facilities and 65 percent of the department's management
services budget.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2076
(b) The commissioner also
shall use this method of calculating per diem costs for offenders in each state
adult correctional facility. When calculating the per diem cost of
incarcerating offenders at a particular facility, the commissioner shall
include an appropriate percentage of capital costs for the facility and an
appropriate prorated amount, given the facility's population, of 65 percent of
the department's management services budget.
(c) The commissioner shall
ensure that these new per diem methods are used in all future annual
performance reports to the legislature and are also reflected in the
department's biennial budget document.
Subd. 2. Local correctional facilities. (a) The commissioner of
corrections shall develop a uniform method to calculate the average per diem
cost of incarcerating offenders in county and regional jail facilities licensed
by the commissioner under section 241.021, subdivision 1, paragraph (a).
(b) Each county and regional
jail in the state must annually provide the commissioner with a per diem
calculation based on the formula the commissioner promulgates pursuant to
paragraph (a).
(c) The commissioner shall
include the county and regional jail per diem data collected under paragraph
(b) in the Department of Correction's annual performance report to the
legislature mandated by section 241.016.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 241.69, subdivision 3, is amended to read:
Subd. 3. Transfer. If the licensed mental health
professional finds the person to be a person who is mentally ill and in need of
short-term care, the examining licensed mental health care
professional may recommend transfer by the commissioner of corrections to the
mental health unit established pursuant to subdivision 1.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. Minnesota Statutes
2006, section 241.69, subdivision 4, is amended to read:
Subd. 4. Commitment. If the examining
licensed mental health care professional or licensed mental health
professional finds the person to be a person who is mentally ill and in need of
long-term care in a hospital, or if an inmate transferred pursuant to
subdivision 3 refuses to voluntarily participate in the treatment program at
the mental health unit, the director of psychological services of the
institution or the mental health professional shall initiate proceedings for
judicial commitment as provided in section 253B.07. Upon the recommendation of
the licensed mental health professional and upon completion of the hearing and
consideration of the record, the court may commit the person to the mental
health unit established in subdivision 1 or to another hospital. A person
confined in a state correctional institution for adults who has been
adjudicated to be a person who is mentally ill and in need of treatment may be
committed to the commissioner of corrections and placed in the mental health
unit established in subdivision 1.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 383A.08, subdivision 6, is amended to read:
Subd. 6. Rules and regulations. The county may promulgate
rules and regulations for the proper operation and maintenance of each facility
and the proper care and discipline of inmates detained in the facility. These
rules and regulations may, among other things, provide for the diminution of
sentences of inmates for good behavior, but in no event to exceed a total of
five days for each 30 day sentence in accordance with section 643.29.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2077
Sec. 5. Minnesota Statutes
2006, section 383A.08, subdivision 7, is amended to read:
Subd. 7. Confinement of inmates from other counties.
The county may accept an inmate for confinement at a county correction facility
when the inmate is committed to the facility by order of a judge of a
municipality or county outside Ramsey County if the county is paid the amount
of compensation for board, confinement, and maintenance of the inmate
that it determines. No compensation of this kind may be in an amount less
than the actual per diem cost per person confined. A county outside Ramsey
County or a municipality outside Ramsey County may enter into and agree with
Ramsey County for the incarceration of prisoners.
EFFECTIVE DATE. This section is effective
July 1, 2007.
Sec. 6. Minnesota Statutes
2006, section 641.265, subdivision 2, is amended to read:
Subd. 2. Withdrawal. A county board may withdraw
from cooperation in a regional jail system if the county boards of all of
the other cooperating counties decide, by majority vote, to allow the
withdrawal in accordance with the terms of a joint powers agreement.
With the approval of the county board of each cooperating county, the regional
jail board shall fix the sum, if any, to be paid to the county withdrawing, to
reimburse it for capital cost, debt service, or lease rental payments made by
the county prior to withdrawal, in excess of its proportionate share of
benefits from the regional jail prior to withdrawal, and the time and manner of
making the payments. The payments shall be deemed additional payments of
capital cost, debt service, or lease rentals to be made proportionately by the
remaining counties and, when received, shall be deposited in and paid from the
regional jail fund; provided that:
(a) (1) payments shall
not be made from any amounts in the regional jail fund which are needed for
maintenance and operation expenses or lease rentals currently due and payable;
and
(b) (2) the withdrawing
county shall remain obligated for the payment of its proportionate share of any
lease rentals due and payable after its withdrawal, in the event and up to the
amount of any lease payment not made when due by one or more of the other
cooperating counties.
EFFECTIVE DATE. This section is effective
July 1, 2007.
ARTICLE 6
PUBLIC SAFETY AND LAW
ENFORCEMENT
Section 1. Minnesota
Statutes 2006, section 13.87, subdivision 1, is amended to read:
Subdivision 1. Criminal history data. (a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in
criminal history records compiled by the Bureau of Criminal Apprehension and
disseminated through the criminal justice information system, including, but
not limited to fingerprints, photographs, identification data, arrest data,
prosecution data, criminal court data, custody and supervision data.
(b) Classification. Criminal history data maintained by agencies,
political subdivisions and statewide systems are classified as private,
pursuant to section 13.02, subdivision 12, except that data created, collected,
or maintained by the Bureau of Criminal Apprehension that identify an
individual who was convicted of a crime, the offense of which the individual
was convicted, associated court disposition and sentence information,
controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. When an
innocent party's name is associated with a criminal history, and a
determination has been made through a fingerprint verification that the
innocent party is not the subject of the criminal history, the name may be
redacted from the public criminal history data. The name shall be retained in
the criminal history and classified as private data.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2078
The Bureau of Criminal
Apprehension shall provide to the public at the central office of the bureau
the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.
(c) Limitation. Nothing in paragraph (a) or (b) shall limit public
access to data made public by section 13.82.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 243.167, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section,
"crime against the person" means a violation of any of the following
or a similar law of another state or of the United States: section 609.165;
609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231;
609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247;
609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2;
609.498, subdivision 1; 609.582, subdivision 1; or 617.23, subdivision 2; or
any felony-level violation of section 609.229; 609.377; 609.749; or 624.713.
EFFECTIVE DATE. This section is
effective the day following final enactment, and applies retroactively to
crimes committed on or after August 1, 2005.
Sec. 3. Minnesota Statutes
2006, section 244.05, is amended by adding a subdivision to read:
Subd. 2a. Random searches. (a) This subdivision applies to inmates
who were convicted of and imprisoned for a violent crime, as defined in section
609.1095, involving the sale, use, or possession of a controlled substance or a
dangerous weapon.
(b) When an inmate is
released on supervised release or parole, the inmate, as a condition of
release, consents to a search of the inmate's person and any motor vehicle
driven by the inmate. The search may be conducted on demand by any parole or
supervised release agent or peace officer.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 299A.641, subdivision 2, is amended to read:
Subd. 2. Membership. The oversight council shall
consist of the following individuals or their designees:
(1) the director of the
office of special investigations as the representative of the commissioner of
corrections;
(2) the superintendent of
the Bureau of Criminal Apprehension as the representative of the commissioner
of public safety;
(3) the attorney general;
(4) eight chiefs of police, selected
by the Minnesota Chiefs of Police Association, two of which must be selected
from cities with populations greater than 200,000;
(5) eight sheriffs, selected
by the Minnesota Sheriffs Association to represent each district, two of which
must be selected from counties with populations greater than 500,000;
(6) the United States
attorney for the district of Minnesota;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2079
(7) two county attorneys,
selected by the Minnesota County Attorneys Association;
(8) a command-level
representative of a gang strike force;
(9) a representative from a
drug task force, selected by the Minnesota State Association of Narcotics
Investigators;
(10) a representative from
the United States Drug Enforcement Administration;
(11) a representative from
the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from
the Federal Bureau of Investigation;
(13) a tribal peace officer,
selected by the Minnesota Tribal Law Enforcement Association; and
(14) two additional members
who may be selected by the oversight council;
(15) a senator who serves on
the committee having jurisdiction over criminal justice policy, chosen by the
Subcommittee on Committees of the senate Committee on Rules and Administration;
and
(16) a representative who
serves on the committee having jurisdiction over criminal justice policy,
chosen by the speaker of the house of representatives.
The oversight council may
adopt procedures to govern its conduct as necessary and may select a chair from
among its members. The legislative members of the council may not vote on
matters before the council.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes
2006, section 299C.65, subdivision 2, is amended to read:
Subd. 2. Task force. (a) The policy group
shall appoint A task force to shall assist them the
policy group in their its duties. The task force shall
monitor, review, and report to the policy group on CriMNet-related projects and
provide oversight to ongoing operations as directed by the policy group. The
task force shall consist of the following members:
(1) two sheriffs
recommended members appointed by the Minnesota Sheriffs Association,
at least one of whom must be a sheriff;
(2) two police chiefs
recommended members appointed by the Minnesota Chiefs of Police
Association, at least one of whom must be a chief of police;
(3) two county attorneys
recommended members appointed by the Minnesota County Attorneys
Association, at least one of whom must be a county attorney;
(4) two city attorneys
recommended members appointed by the Minnesota League of Cities
representing the interests of city attorneys, at least one of whom must be a
city attorney;
(5) two public defenders
members appointed by the Board of Public Defense, at least one of whom
must be a public defender;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2080
(6) two district judges appointed
by the Judicial Council, one of whom is currently assigned to the juvenile
court at least one of whom has experience dealing with juvenile court
matters;
(7) two community
corrections administrators recommended appointed by the Minnesota
Association of Counties, representing the interests of local
corrections, at least one of whom represents a community corrections act
county;
(8) two probation officers
appointed by the commissioner of corrections in consultation with the president
of the Minnesota Association of Community Corrections Act Counties and the
president of the Minnesota Association of County Probation Officers;
(9) four public members
appointed by the governor for a term of six years, one of whom has been
a victim of crime represents the interests of victims, and two who
of whom are representatives of the private business community who have
expertise in integrated information systems and who for the purpose of meetings
of the full task force may be compensated pursuant to section 15.059;
(10) two court
administrators members appointed by the Minnesota Association for Court
Management, at least one of whom must be a court administrator;
(11) one member of the house
of representatives appointed by the speaker of the house;
(12) one member of the
senate appointed by the majority leader;
(13) one member appointed
by the attorney general or a designee;
(14) two individuals
recommended elected officials appointed by the Minnesota League of
Cities, one of whom works or resides in greater Minnesota and one of whom works
or resides in the seven-county metropolitan area;
(15) two individuals
recommended elected officials appointed by the Minnesota Association
of Counties, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(16) the director of the
Sentencing Guidelines Commission or a designee;
(17) one member appointed by
the state chief information officer;
(18) one member appointed by
the commissioner of public safety;
(19) one member appointed by
the commissioner of corrections;
(20) one member appointed by
the commissioner of administration; and
(21) one member appointed by
the chief justice of the Supreme Court.
(b) In making these
appointments, the appointing authority shall select members with expertise in
integrated data systems or best practices.
(c) The commissioner of
public safety may appoint additional, nonvoting members to the task force as
necessary from time to time.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2081
Sec. 6. Minnesota Statutes
2006, section 299C.65, subdivision 5, is amended to read:
Subd. 5. Review of funding and grant requests.
(a) The Criminal and Juvenile Justice Information Policy Group shall review the
funding requests for criminal justice information systems from state, county,
and municipal government agencies. The policy group shall review the requests
for compatibility to statewide criminal justice information system standards.
The review shall be forwarded to the chairs and ranking minority members of the
house and senate committees and divisions with jurisdiction over criminal
justice funding and policy.
(b) The CriMNet program
office, in consultation with the Criminal and Juvenile Justice Information Task
Force and with the approval of the policy group, shall create the requirements
for any grant request and determine the integration priorities for the grant
period. The CriMNet program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems standards.
(c) The task force shall
review funding requests for criminal justice information systems grants and
make recommendations to the policy group. The policy group shall review the
recommendations of the task force and shall make a final recommendation for
criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal
grants, the commissioner of public safety shall make grants for projects that
have been recommended by the policy group.
(d) The policy group may
approve grants only if the applicant provides an appropriate share of matching
funds as determined by the policy group to help pay up to one-half of the costs
of the grant request. The matching requirement must be constant for all counties
applicants within each grant offering. The policy group shall adopt
policies concerning the use of in-kind resources to satisfy the match
requirement and the sources from which matching funds may be obtained. Local
operational or technology staffing costs may be considered as meeting this
match requirement. Each grant recipient shall certify to the policy group that
it has not reduced funds from local, county, federal, or other sources which,
in the absence of the grant, would have been made available to the grant
recipient to improve or integrate criminal justice technology.
(e) All grant recipients
shall submit to the CriMNet program office all requested documentation
including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration priorities.
The CriMNet program office shall establish the recipient's reporting dates at
the time funds are awarded.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 7. Minnesota Statutes
2006, section 609.135, is amended by adding a subdivision to read:
Subd. 9. Random searches. (a) This subdivision applies to
offenders who are convicted of a violent crime, as defined in section 609.1095,
involving the sale, use, or possession of a controlled substance or a dangerous
weapon.
(b) When an offender is
placed on probation, the offender, as a condition of being released on
probation, consents to a search of the offender's person and any motor vehicle
driven by the offender. The search may be conducted on demand by any probation
officer or peace officer.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2082
Sec. 8. Minnesota Statutes
2006, section 641.05, is amended to read:
641.05 RECORD OF INMATES; RETURN TO COURT.
(a) Every sheriff shall, at the
expense of the county, maintain a permanent record of all persons committed to
any jail under the sheriff's charge. It shall contain the name of every person
committed, by what authority, residence, date of commitment, and, if for a
criminal offense, a description of the person, when and by what authority
liberated, and, in case of escape, the time and manner thereof. At the opening
of each term of district court the sheriff shall make a certified transcript
therefrom to such court, showing all cases therein not previously disposed of.
(b) Upon intake into the
jail facility, the name of the committed person shall be checked against the
Bureau of Criminal Apprehension predatory offender registration database to
determine whether the person is a registered offender. In the event that the
person is registered, the sheriff or designee shall notify the bureau of the
person's admission into the jail facility. At the time of discharge from the
facility, the sheriff or designee will provide the person with a change of
information form for the purposes of reporting the address where the person
will be living upon release from the facility. Every sheriff who intentionally
neglects or refuses to so report shall be guilty of a gross misdemeanor.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 7
EMERGENCY COMMUNICATIONS
Section 1. Minnesota
Statutes 2006, section 403.07, subdivision 4, is amended to read:
Subd. 4. Use of furnished information. (a)
Names, addresses, and telephone numbers provided to a 911 system under
subdivision 3 are private data and may be used only for identifying:
(1) to identify the location or identity, or both, of a person calling a
911 public safety answering point; or (2) by a public safety answering point
to notify the public of an emergency. The information furnished under
subdivision 3 may not be used or disclosed by 911 system agencies, their
agents, or their employees for any other purpose except under a court order.
(b) For purposes of
paragraph (a), the term "emergency" means a situation in which
property or human life is in jeopardy and the prompt notification of the public
by the public safety answering point is essential.
(c) A telecommunications
service provider that participates or cooperates with the public safety
answering point in the notification of the public is exempt from liability
pursuant to section 403.07, subdivision 5.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes
2006, section 403.11, is amended by adding a subdivision to read:
Subd. 1a. Fee collection declaration. If the commissioner disputes
the accuracy of a fee submission or if no fees are submitted by a wireless,
wire-line, or packet-based telecommunications service provider, the wireless,
wire-line, or packet-based telecommunications service provider shall submit a
sworn declaration signed by an officer of the company certifying, under penalty
of perjury, that the information provided with the fee submission is true and
correct. The sworn declaration must specifically describe and affirm that the
911 fee computation is complete and accurate. When a wireless, wire-line, or
packet-based telecommunications service provider fails to provide a sworn
declaration within 90 days of notice by the commissioner that the fee
submission is disputed, the commissioner may estimate the amount due from the
wireless, wire-line, or packet-based telecommunications service provider and
refer that amount for collection under section 16D.04.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2083
Sec. 3. Minnesota Statutes
2006, section 403.11, is amended by adding a subdivision to read:
Subd. 1b. Fee audit. If the commissioner determines that an audit
is necessary to document the fee submission and sworn declaration in
subdivision 1a, the wireless, wire-line, or packet-based telecommunications
service provider must contract with an independent certified public accountant
to conduct an audit. The audit must be conducted in accordance with generally
accepted auditing standards.
EFFECTIVE DATE. This section is
effective July 1, 2007."
Delete the title and insert:
"A bill for an act
relating to state government; providing certain general criminal and sentencing
provisions; regulating DWI and driving provisions; modifying certain crime
victim provisions; modifying or establishing various provisions relating to
public safety; regulating corrections, the courts, public defense, and
emergency communications; providing penalties; amending Minnesota Statutes
2006, sections 3.732, subdivision 1; 3.736, subdivision 1; 13.87, subdivision
1; 15A.083, subdivision 4; 169A.275, by adding a subdivision; 169A.51,
subdivision 7; 171.12, by adding a subdivision; 171.55; 241.018; 241.69,
subdivisions 3, 4; 243.167, subdivision 1; 244.05, by adding a subdivision;
260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641, subdivision 2;
299C.65, subdivisions 2, 5; 352D.02, subdivision 1; 383A.08, subdivisions 6, 7;
403.07, subdivision 4; 403.11, by adding subdivisions; 484.54, subdivision 2;
484.83; 504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35,
subdivision 3; 518B.01, subdivisions 6a, 22; 563.01, by adding a subdivision;
590.05; 595.02, subdivision 1; 609.02, subdivision 16; 609.135, subdivision 8,
by adding a subdivision; 609.21, subdivisions 1, 4a, 5, by adding subdivisions;
609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1;
609.3451, subdivision 3; 609.3455, subdivision 4, by adding a subdivision;
609.505, subdivision 2; 609.748, subdivisions 1, 5; 611.14; 611.20, subdivision
6; 611.215, subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision 1; 611.26,
subdivisions 2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036,
subdivisions 2, 7; 634.15, subdivisions 1, 2; 641.05; 641.265, subdivision 2;
Laws 2001, First Special Session chapter 8, article 4, section 4; Laws 2003,
First Special Session chapter 2, article 1, section 2; proposing coding for new
law in Minnesota Statutes, chapters 171; 504B; 609; 611A; repealing Minnesota
Statutes 2006, sections 169.796, subdivision 3; 260B.173; 480.175, subdivision
3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5;
626A.17, subdivision 3; Laws 2005, First Special Session chapter 6, article 3,
section 91."
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on Finance.
The report was adopted.
Thissen from the Committee
on Health and Human Services to which was referred:
H. F. No. 594, A bill for an
act relating to human services; modifying competitive bidding for medical
assistance nonemergency medical transportation; specifying criteria for level
of need determinations for nonemergency medical transportation; modifying
criteria and increasing reimbursement for medical assistance special
transportation services; amending Minnesota Statutes 2006, sections 256B.04,
subdivision 14, by adding a subdivision; 256B.0625, subdivision 17.
Reported the same back with
the following amendments:
Page 2, line 13, after
"physician," insert "a licensed practical nurse,"
Page 2, line 18, delete
"skilled" and insert "licensed"
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2084
Page
2, line 20, delete "skilled care" and insert "licensed"
Page
2, line 32, delete "skilled" and insert "licensed"
Page
3, after line 20, insert:
"Sec.
4. REPORT.
The
commissioner shall present a plan to the legislature by January 15, 2008,
regarding the need for and recommended mechanisms for supplementing rates in
counties with population density lower than 75 percent of the median population
density for counties in the state."
Amend
the title as follows:
Page
1, line 5, after the semicolon, insert "requiring reports;"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 635, A bill for an act relating to telecommunications; enacting the
Minnesota Wireless Telephone Consumer Protection Act; changing certain existing
requirements; proposing coding for new law in Minnesota Statutes, chapter 325F;
repealing Minnesota Statutes 2006, section 325F.695.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilty
from the Energy Finance and Policy Division to which was referred:
H. F.
No. 677, A bill for an act relating to economic development; extending the time
period for JOBZ treatment for biodiesel fuel plants; amending Minnesota
Statutes 2006, section 469.312, subdivision 5.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Taxes.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 754, A bill for an act relating to occupations; changing provisions for
certain plumber's licenses; adding a restricted plumber's license; amending
Minnesota Statutes 2006, sections 325E.37, subdivision 6; 326.38; 326.40,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 326;
repealing Minnesota Statutes 2006, section 326.45.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2085
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 766, A bill for an act relating to motor fuels; modifying motor fuel
specifications, standards, and requirements; amending Minnesota Statutes 2006,
sections 239.051, subdivision 15; 239.761, subdivisions 3, 4, 6, by adding
subdivisions; 239.7911, subdivision 2; 296A.01, subdivisions 2, 23, 24, 25.
Reported
the same back with the following amendments:
Page
3, line 4, delete "must" and insert "may"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 794, A bill for an act relating to human services; modifying medical
assistance coverage to include consultations with psychologists; increasing the
medical assistance reimbursement rate for critical access mental health
services; amending Minnesota Statutes 2006, sections 256B.0625, subdivision 48;
256B.763.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 913, A bill for an act relating to human services; waiving the moratorium
regarding beds and expending group residential housing supplemental rates;
appropriating money; amending Minnesota Statutes 2006, section 256I.05, by
adding a subdivision.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 931, A bill for an act relating to mortgages; prohibiting certain predatory
lending practices; prescribing criminal penalties; providing remedies; amending
Minnesota Statutes 2006, sections 58.02, by adding subdivisions; 58.13,
subdivision 1; 58.137, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 58; 82B.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2086
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F. No. 934, A bill for an
act relating to the environment; restricting the manufacture and sale of
certain polybrominated diphenyl ethers; requiring a report; providing
penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.
Reported
the same back with the following amendments:
Page
1, delete lines 13 to 15
Page 1,
delete subdivisions 4 and 5
Page
2, line 4, delete everything after the period
Page
2, delete lines 5 to 8
Page
2, line 17, delete everything after the period
Page
2, delete lines 18 to 25
Page
2, line 31, delete "octadiphenyl" and insert "octabromodiphenyl"
Page 2, line 34, delete
"pentadiphenyl" and insert "pentabromodiphenyl"
and delete "octadiphenyl" and insert "octabromodiphenyl"
Page
3, delete subdivision 2
Page
3, line 10, delete "subdivisions" and insert "subdivision"
and delete "and 2"
Page
3, line 27, delete "subdivisions" and insert "subdivision"
and delete "and 2"
Page
3, delete subdivision 1 and insert:
"Subdivision 1. Commissioner duties. The
commissioner in consultation with the commissioners of health and public safety
shall review uses of commercial decabromodiphenyl ether, availability of
technically feasible and safer alternatives, fire safety and any evidence
regarding the potential harm to public health and the environment posed by
commercial decabromodiphenyl ether and the alternatives. The commissioner must
consult with key stakeholders. The commissioner must also review the findings
from similar state and federal agencies and must report their findings and
recommendations to the appropriate committees of the legislature no later than
January 15, 2008."
Page
4, delete subdivision 2
Page
4, line 16, delete "3, or section 325E.388," and insert "2."
Page
4, delete line 17
Page
4, line 18, delete "EXEMPTIONS; FEES;"
Page
4, delete subdivision 1
Page 5,
delete subdivisions 2 and 3
Page
5, line 31, delete "Subd. 4. Penalties."
Renumber
the subdivisions in sequence and correct the internal references
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2087
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 985, A bill for an act relating to education; extending rulemaking
authority of the Board of School Administrators; amending Laws 2005, First
Special Session chapter 5, article 2, section 81, as amended.
Reported
the same back with the following amendments:
Page
1, after line 15, insert:
"Sec.
2. EXPERIENCE REQUIREMENTS.
Any
rules adopted by the board of school administrators governing superintendent or
principal licensure must require that a person applying for a principal or
superintendent license has at least three years of successful teaching
experience gained while holding a classroom teaching license valid for the
positions in which the applicant taught.
EFFECTIVE DATE. This section is
effective the day following final enactment."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 999, A bill for an act relating to child support; requiring consideration
of a child's residence in a foreign country when deviating from the presumptive
child support amount; amending Minnesota Statutes 2006, section 518A.43,
subdivision 1.
Reported
the same back with the following amendments:
Page
1, after line 5, insert:
"Section
1. Minnesota Statutes 2006, section 518A.39, subdivision 2, is amended to read:
Subd.
2. Modification. (a) The terms of an
order respecting maintenance or support may be modified upon a showing of one
or more of the following, any of which makes the terms unreasonable and unfair:
(1) substantially increased or decreased gross income of an obligor or obligee;
(2) substantially increased or decreased need of an obligor or obligee or the
child or children that are the subject of these proceedings; (3) receipt of
assistance under the AFDC program formerly codified under sections 256.72 to
256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost
of living for either party as measured by the Federal Bureau of Labor
Statistics; (5) extraordinary medical expenses of the child not provided for
under section 518A.41; (6) the addition of work-related or education-related
child care expenses of the obligee or a substantial increase or decrease in
existing work-related or education-related child care expenses; or (7) upon the
emancipation of the child, as provided in subdivision 5.
(b) It
is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably
presumed to be unreasonable and unfair if:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2088
(1)
the application of the child support guidelines in section 518A.35, to the
current circumstances of the parties results in a calculated court order that
is at least 20 percent and at least $75 per month higher or lower than the
current support order or, if the current support order is less than $75, it
results in a calculated court order that is at least 20 percent per month
higher or lower;
(2)
the medical support provisions of the order established under section 518A.41
are not enforceable by the public authority or the obligee;
(3)
health coverage ordered under section 518A.41 is not available to the child for
whom the order is established by the parent ordered to provide;
(4)
the existing support obligation is in the form of a statement of percentage and
not a specific dollar amount; or
(5)
the gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party; or
(6)
a deviation was granted under section 518A.43, subdivision 1, clause (4), and
the child can no longer maintain a comparable standard of living with the lower
child support amount because the child no longer resides in a foreign country.
(c) A
child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional nonjoint child,
which is born after an existing order. Section 518A.33 shall be considered if other
grounds are alleged which allow a modification of support.
(d) On
a motion for modification of maintenance, including a motion for the extension
of the duration of a maintenance award, the court shall apply, in addition to
all other relevant factors, the factors for an award of maintenance under
section 518.552 that exist at the time of the motion. On a motion for
modification of support, the court:
(1)
shall apply section 518A.35, and shall not consider the financial circumstances
of each party's spouse, if any; and
(2)
shall not consider compensation received by a party for employment in excess of
a 40-hour work week, provided that the party demonstrates, and the court finds,
that:
(i) the
excess employment began after entry of the existing support order;
(ii)
the excess employment is voluntary and not a condition of employment;
(iii)
the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;
(iv)
the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation;
(v) in
the case of an obligor, current child support payments are at least equal to
the guidelines amount based on income not excluded under this clause; and
(vi)
in the case of an obligor who is in arrears in child support payments to the
obligee, any net income from excess employment must be used to pay the
arrearages until the arrearages are paid in full.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2089
(e) A
modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any
period during which the petitioning party has pending a motion for modification
but only from the date of service of notice of the motion on the responding
party and on the public authority if public assistance is being furnished or
the county attorney is the attorney of record.
(f)
Except for an award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property provided by section
518.58 shall be final, and may be revoked or modified only where the court
finds the existence of conditions that justify reopening a judgment under the
laws of this state, including motions under section 518.145, subdivision 2. The
court may impose a lien or charge on the divided property at any time while the
property, or subsequently acquired property, is owned by the parties or either
of them, for the payment of maintenance or support money, or may sequester the
property as is provided by section 518A.71.
(g)
The court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.
(h)
Sections 518.14 and 518A.735 shall govern the award of attorney fees for
motions brought under this subdivision.
(i)
Except as expressly provided, an enactment, amendment, or repeal of law does not
constitute a substantial change in the circumstances for purposes of modifying
a child support order.
(j)
There may be no modification of an existing child support order during the
first year following January 1, 2007, except as follows:
(1)
there is at least a 20 percent change in the gross income of the obligor;
(2)
there is a change in the number of joint children for whom the obligor is
legally responsible and actually supporting;
(3) a
parent or another caregiver of the child who is supported by the existing
support order begins to receive public assistance, as defined in section
256.741;
(4)
there are additional work-related or education-related child care expenses of
the obligee or a substantial increase or decrease in existing work-related or
education-related child care expenses;
(5)
there is a change in the availability of health care coverage, as defined in
section 518A.41, subdivision 1, paragraph (a), or a substantial increase or
decrease in the cost of existing health care coverage;
(6)
the child supported by the existing child support order becomes disabled; or
(7)
both parents consent to modification of the existing order under section
518A.34.
A
modification under clause (4) may be granted only with respect to child care
support. A modification under clause (5) may be granted only with respect to
medical support. This paragraph expires January 1, 2008.
(k) On
the first modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of the full variance
would create hardship for either the obligor or the obligee."
Renumber
the sections in sequence
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2090
Amend
the title as follows:
Page 1,
line 2, delete everything after the semicolon
Page
1, delete line 3 and insert "providing for support for a child who resides
or has resided in a foreign country;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1004, A bill for an act relating to mortgages; prohibiting predatory
lending practices; amending Minnesota Statutes 2006, sections 58.02, by adding
subdivisions; 58.13, subdivision 1; 58.137, subdivision 1; 58.15; 58.16,
subdivision 1, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 58.02, is amended by adding a subdivision
to read:
Subd.
30. Fully indexed rate. "Fully
indexed rate" equals the index rate prevailing at the time a residential
mortgage loan is originated, plus the margin that will apply after the
expiration of an introductory interest rate.
Sec.
2. Minnesota Statutes 2006, section 58.13, subdivision 1, is amended to read:
Subdivision
1. Generally. (a) No person
acting as a residential mortgage originator or servicer, including a person
required to be licensed under this chapter, and no person exempt from the
licensing requirements of this chapter under section 58.04, except as
otherwise provided in paragraph (b), shall:
(1)
fail to maintain a trust account to hold trust funds received in connection
with a residential mortgage loan;
(2)
fail to deposit all trust funds into a trust account within three business days
of receipt; commingle trust funds with funds belonging to the licensee or
exempt person; or use trust account funds for any purpose other than that for
which they are received;
(3)
unreasonably delay the processing of a residential mortgage loan application,
or the closing of a residential mortgage loan. For purposes of this clause,
evidence of unreasonable delay includes but is not limited to those factors
identified in section 47.206, subdivision 7, clause (d);
(4)
fail to disburse funds according to its contractual or statutory obligations;
(5)
fail to perform in conformance with its written agreements with borrowers,
investors, other licensees, or exempt persons;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2091
(6)
charge a fee for a product or service where the product or service is not actually
provided, or misrepresent the amount charged by or paid to a third party for a
product or service;
(7)
fail to comply with sections 345.31 to 345.60, the Minnesota unclaimed property
law;
(8)
violate any provision of any other applicable state or federal law regulating
residential mortgage loans including, without limitation, sections 47.20 to
47.208;
(9)
make or cause to be made, directly or indirectly, any false, deceptive, or misleading
statement or representation in connection with a residential loan transaction
including, without limitation, a false, deceptive, or misleading statement or
representation regarding the borrower's ability to qualify for any mortgage
product;
(10)
conduct residential mortgage loan business under any name other than that under
which the license or certificate of exemption was issued;
(11)
compensate, whether directly or indirectly, coerce or intimidate an appraiser
for the purpose of influencing the independent judgment of the appraiser with
respect to the value of real estate that is to be covered by a residential
mortgage or is being offered as security according to an application for a
residential mortgage loan;
(12)
issue any document indicating conditional qualification or conditional approval
for a residential mortgage loan, unless the document also clearly indicates
that final qualification or approval is not guaranteed, and may be subject to
additional review;
(13)
make or assist in making any residential mortgage loan with the intent that the
loan will not be repaid and that the residential mortgage originator will
obtain title to the property through foreclosure;
(14)
provide or offer to provide for a borrower, any brokering or lending services
under an arrangement with a person other than a licensee or exempt person,
provided that a person may rely upon a written representation by the
residential mortgage originator that it is in compliance with the licensing
requirements of this chapter;
(15)
claim to represent a licensee or exempt person, unless the person is an
employee of the licensee or exempt person or unless the person has entered into
a written agency agreement with the licensee or exempt person;
(16)
fail to comply with the record keeping and notification requirements identified
in section 58.14 or fail to abide by the affirmations made on the application
for licensure;
(17)
represent that the licensee or exempt person is acting as the borrower's agent
after providing the nonagency disclosure required by section 58.15, unless the
disclosure is retracted and the licensee or exempt person complies with all of
the requirements of section 58.16;
(18)
make, provide, or arrange for a residential mortgage loan that is of a lower
investment grade if the borrower's credit score or, if the originator does not
utilize credit scoring or if a credit score is unavailable, then comparable
underwriting data, indicates that the borrower may qualify for a residential
mortgage loan, available from or through the originator, that is of a higher
investment grade, unless the borrower is informed that the borrower may qualify
for a higher investment grade loan with a lower interest rate and/or lower
discount points, and consents in writing to receipt of the lower investment
grade loan.;
For
purposes of this section, "investment grade" refers to a system of
categorizing residential mortgage loans in which the loans are: (i) commonly
referred to as "prime" or "subprime"; (ii) commonly
designated by an alphabetical character with "A" being the highest
investment grade; and (iii) are distinguished by interest rate or discount
points or both charged to the borrower, which vary according to the degree of
perceived risk of default based on factors such as the borrower's credit,
including credit score and credit patterns, income and employment history, debt
ratio, loan-to-value ratio, and prior bankruptcy or foreclosure;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2092
(19)
make, publish, disseminate, circulate, place before the public, or cause to be
made, directly or indirectly, any advertisement or marketing materials of any
type, or any statement or representation relating to the business of
residential mortgage loans that is false, deceptive, or misleading;
(20)
advertise loan types or terms that are not available from or through the
licensee or exempt person on the date advertised, or on the date specified in
the advertisement. For purposes of this clause, advertisement includes, but is
not limited to, a list of sample mortgage terms, including interest rates,
discount points, and closing costs provided by licensees or exempt persons to a
print or electronic medium that presents the information to the public;
(21)
use or employ phrases, pictures, return addresses, geographic designations, or
other means that create the impression, directly or indirectly, that a licensee
or other person is a governmental agency, or is associated with, sponsored by,
or in any manner connected to, related to, or endorsed by a governmental
agency, if that is not the case; or
(22)
violate section 82.49, relating to table funding.;
(23)
make, provide, or arrange for a residential mortgage loan without verifying the
borrower's reasonable ability to pay the scheduled payments of the following,
as applicable: principal; interest; real estate taxes; homeowner's insurance,
assessments, and mortgage insurance premiums. For loans in which the interest
rate may vary, the reasonable ability to pay shall be determined based on a
fully indexed rate and a repayment schedule which achieves full amortization
over the life of the loan. For all residential mortgage loans, the borrower's
income and financial resources must be verified by tax returns, payroll
receipts, bank records, or other similarly reliable documents.
Nothing
in this section shall be construed to limit a mortgage originator's or exempt
person's ability to rely on criteria other than the borrower's income and
financial resources to establish the borrower's reasonable ability to repay the
residential mortgage loan; however, such other criteria must be verified
through reasonably reliable methods and documentation. A statement by the
borrower to the residential mortgage originator or exempt person of the
borrower's income and resources is not sufficient to establish the existence of
the income or resources when verifying the reasonable ability to pay.
(24)
engage in "churning." As used in this section, "churning"
means knowingly or intentionally making, providing, or arranging for a
residential mortgage loan when the new residential mortgage loan does not
provide a reasonable, tangible net benefit to the borrower considering all of
the circumstances including the terms of both the new and refinanced loans, the
cost of the new loan, and the borrower's circumstances;
(25)
the first time a residential mortgage originator orally informs a borrower of
the anticipated or actual periodic payment amount for a first-lien residential
mortgage loan which does not include an amount for payment of property taxes
and hazard insurance, the residential mortgage originator must inform the
borrower that an additional amount will be due for taxes and insurance and, if
known, disclose to the borrower the amount of the anticipated or actual
periodic payments for property taxes and hazard insurance. This same oral
disclosure must be made each time the residential mortgage originator orally
informs the borrower of a different anticipated or actual periodic payment
amount change from the amount previously disclosed. A residential mortgage
originator need not make this disclosure concerning a refinancing loan if the
residential mortgage originator knows that the borrower's existing loan that is
anticipated to be refinanced does not have an escrow account; or
(26)
make, provide, or arrange for a residential mortgage loan, other than a reverse
mortgage pursuant to United States Code, title 15, chapter 41, if the
borrower's compliance with any repayment option offered pursuant to the terms
of the loan will result in negative amortization during any six-month period.
(b)
Paragraph (a), clauses (23) through (26), do not apply to a state or federally
chartered bank, savings bank, or credit union, or to a person making,
providing, or arranging a residential mortgage loan originated or purchased by
a state agency or a tribal or local unit of government. This paragraph
supersedes any inconsistent provision of this chapter.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2093
Sec.
3. Minnesota Statutes 2006, section 58.137, subdivision 1, is amended to read:
Subdivision
1. Financed interest, points, finance
charges, fees, and other charges. A residential mortgage originator making
or modifying a residential mortgage loan to a borrower located in this state
must not include in the principal amount of any residential mortgage loan all
or any portion of any lender fee in an aggregate amount exceeding five percent
of the loan amount. This subdivision shall not apply to residential mortgage
loans which are insured or guaranteed by the secretary of housing and urban
development or the administrator of veterans affairs or the administrator of
the Farmers Home Administration or any successor.
"Lender
fee" means interest, points, finance charges, fees, and other charges
payable in connection with the residential mortgage loan: (1) by the
borrower to any residential mortgage originator or to any assignee of any
residential mortgage originator; or (2) by the lender to a mortgage broker.
Lender fee does not include: (1) recording fees, mortgage registration
taxes, passthroughs, or other amounts that are paid by any person to any
government entity, or filing office,; or other
third party that is not a residential mortgage originator or an assignee of a
residential mortgage originator. Lender fee also does not include (2) any
amount that is set aside to pay taxes or insurance on any property securing the
residential mortgage loan.
"Loan
amount" means: (1) for a line of credit, the maximum principal amount of
the line of credit; and (2) for any other residential mortgage loan, the
principal amount of the residential mortgage loan excluding all interest,
points, finance charges, fees, and other charges. A residential mortgage
originator shall not charge, receive, or collect any excess financed interest,
points, finance charges, fees, or other charges described in this subdivision,
or any interest, points, finance charges, fees, or other charges with respect
to this excess.
Sec.
4. Minnesota Statutes 2006, section 58.15, is amended to read:
58.15 DISCLOSURE
REQUIREMENTS FOR CERTAIN RESIDENTIAL MORTGAGE ORIGINATORS.
Subdivision
1. Nonagency disclosure. If a
residential mortgage originator or exempt person other than a mortgage
broker does not contract or offer to contract to act as an agent of a
borrower, or accept an advance fee, it must, within three business days of
accepting an application for a residential mortgage loan, provide the borrower
with a written disclosure as provided in subdivision 2.
Subd.
2. Form and content requirements.
The disclosure must be a separate document, 8-1/2 inches by 11 inches, must be
signed by the borrower and must contain the following statement in 14-point
boldface print:
Originator IS NOT ACTING AS YOUR AGENT IN CONNECTION
WITH OBTAINING A RESIDENTIAL MORTGAGE LOAN. WHILE WE SEEK TO ASSIST YOU IN
MEETING YOUR FINANCIAL NEEDS, WE CANNOT GUARANTEE THE LOWEST OR BEST TERMS
AVAILABLE IN THE MARKET.
Subd.
3. Electronic application disclosure
requirement. In case of an electronic residential mortgage application, the
disclosure requirements of this section may be satisfied by providing the
disclosure statement as a separate screen if the disclosure must be
acknowledged by the borrower before an application is accepted.
Subd.
4. Exemption from disclosure
requirement. If the Department of Housing and Urban Development adopts and
implements a disclosure requirement for persons offering mortgage
origination services that the commissioner determines to be substantially
similar to the disclosure required in subdivision 2, licensees and exempt
persons complying compliance with the HUD disclosure shall be
considered sufficient to have complied with satisfy the
requirements of subdivisions 1 and subdivision 2.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2094
Sec.
5. Minnesota Statutes 2006, section 58.16, subdivision 1, is amended to read:
Subdivision
1. Compliance. Residential mortgage
originators who solicit or receive an advance fee in exchange for assisting a
borrower located in this state in obtaining a loan secured by a lien on
residential real estate, or who offer to act as an agent of the borrower
located in this state in obtaining a loan secured by a lien on residential real
estate shall be considered to have created a fiduciary relationship with the
borrower and shall comply with the requirements of subdivisions 2 to 7. This
section does not apply to mortgage brokers who do not solicit or receive an
advance fee.
Sec.
6. [58.161] MORTGAGE BROKER DUTIES OF
AGENCY.
Subdivision
1. Generally. A mortgage broker
shall be considered to have created an agency relationship with the borrower in
all cases and shall comply with the following duties:
(1)
mortgage brokers shall act in the borrower's best interest and in the utmost
good faith toward borrowers, and shall not compromise a borrower's right or
interest in favor of another's right or interest, including a right or interest
of the mortgage broker. A mortgage broker shall not accept, give, or charge any
undisclosed compensation or realize any undisclosed remuneration, either
through direct or indirect means that inures to the benefit of the mortgage
broker or as an expenditure made for the borrower;
(2)
mortgage brokers will carry out all lawful instructions given by borrowers;
(3)
mortgage brokers will disclose to borrowers all material facts of which the
mortgage broker has knowledge which might reasonably affect the borrower's
rights, interests, and/or ability to receive the borrower's intended benefit
from the residential mortgage loan, but not facts which are reasonably
susceptible to the knowledge of the borrower;
(4)
mortgage brokers will use reasonable care in performing duties; and
(5)
mortgage brokers will account to a borrower for all the borrower's money and
property received as agent.
Subd.
2. Scope. (a) The duty of agency
between mortgage broker and borrower applies when the mortgage broker is acting
in the capacity of mortgage broker as described in section 58.02, subdivision
14 or 23.
(b)
Nothing in this section prohibits a mortgage broker from contracting for or
collecting a fee for services rendered and which had been disclosed to the
borrower in advance of the provision of such services.
(c)
Nothing in this section requires a mortgage broker to obtain a loan containing
terms or conditions not available to the mortgage broker in the mortgage
broker's usual course of business, or to obtain a loan for the borrower from a
mortgage lender with whom the mortgage broker does not have a business
relationship."
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2095
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 1015, A bill for an act relating to commerce; regulating customer access to
restroom facilities; proposing coding for new law in Minnesota Statutes,
chapter 325E.
Reported
the same back with the following amendments:
Page
1, line 11, delete "irritable" and insert "inflammatory"
Page
2, line 8, delete "has" and insert "claims to have"
Page
2, line 20, delete "$100" and insert "$50"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1016, A bill for an act relating to natural resources; providing for pest
control measures; requiring approved firewood on land administered by the
commissioner of natural resources; regulating sale and distribution of
firewood; amending Minnesota Statutes 2006, sections 89.55; 239.092; 239.093;
proposing coding for new law in Minnesota Statutes, chapter 89.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1021, A bill for an act relating to game and fish; modifying Lake Superior
commercial fishing provisions; amending Minnesota Statutes 2006, section
97C.835, subdivisions 1, 2, 3, 8; proposing coding for new law in Minnesota
Statutes, chapter 97C.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1041, A bill for an act relating to health; requiring health plans to
establish a plan to monitor prescribing of controlled substances; establishing
a controlled substances prescription electronic reporting system; requiring an
evaluation report; amending Minnesota Statutes 2006, section 152.11, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters
62Q; 152; 256B.
Reported
the same back with the following amendments:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2096
Page
1, delete section 1
Page
1, line 23, after "substance" insert ", who need not be
the person for whom the controlled substance prescription is written,"
Page
7, lines 20 and 24, delete "3" and insert "2"
Page
7, line 25, delete "5 and 6" and insert "4 and 5"
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 2, delete everything after the semicolon
Page
1, line 3, delete everything before "establishing"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1053, A bill for an act relating to crimes; making it a felony to commit theft
of a computer that has identity information in its memory about the owner or
any other person; amending Minnesota Statutes 2006, section 609.52, subdivision
3.
Reported
the same back with the following amendments:
Page
1, after line 5, insert:
"Section
1. Minnesota Statutes 2006, section 609.52, subdivision 2, is amended to read:
Subd.
2. Acts constituting theft. Whoever
does any of the following commits theft and may be sentenced as provided in
subdivision 3:
(1)
intentionally and without claim of right takes, uses, transfers, conceals or
retains possession of movable property of another without the other's consent
and with intent to deprive the owner permanently of possession of the property;
or
(2)
with or without having a legal interest in movable property, intentionally and
without consent, takes the property out of the possession of a pledgee or other
person having a superior right of possession, with intent thereby to deprive
the pledgee or other person permanently of the possession of the property; or
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2097
(3)
obtains for the actor or another the possession, custody, or title to property
of or performance of services by a third person by intentionally deceiving the
third person with a false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it is made.
"False representation" includes without limitation:
(i) the
issuance of a check, draft, or order for the payment of money, except a forged
check as defined in section 609.631, or the delivery of property knowing that
the actor is not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or
(ii) a
promise made with intent not to perform. Failure to perform is not evidence of
intent not to perform unless corroborated by other substantial evidence; or
(iii)
the preparation or filing of a claim for reimbursement, a rate application, or
a cost report used to establish a rate or claim for payment for medical care
provided to a recipient of medical assistance under chapter 256B, which
intentionally and falsely states the costs of or actual services provided by a
vendor of medical care; or
(iv)
the preparation or filing of a claim for reimbursement for providing treatment
or supplies required to be furnished to an employee under section 176.135 which
intentionally and falsely states the costs of or actual treatment or supplies
provided; or
(v)
the preparation or filing of a claim for reimbursement for providing treatment
or supplies required to be furnished to an employee under section 176.135 for
treatment or supplies that the provider knew were medically unnecessary,
inappropriate, or excessive; or
(4) by
swindling, whether by artifice, trick, device, or any other means, obtains
property or services from another person; or
(5)
intentionally commits any of the acts listed in this subdivision but with
intent to exercise temporary control only and:
(i)
the control exercised manifests an indifference to the rights of the owner or
the restoration of the property to the owner; or
(ii)
the actor pledges or otherwise attempts to subject the property to an adverse
claim; or
(iii)
the actor intends to restore the property only on condition that the owner pay
a reward or buy back or make other compensation; or
(6)
finds lost property and, knowing or having reasonable means of ascertaining the
true owner, appropriates it to the finder's own use or to that of another not
entitled thereto without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or
(7)
intentionally obtains property or services, offered upon the deposit of a sum
of money or tokens in a coin or token operated machine or other receptacle,
without making the required deposit or otherwise obtaining the consent of the
owner; or
(8)
intentionally and without claim of right converts any article representing a
trade secret, knowing it to be such, to the actor's own use or that of another
person or makes a copy of an article representing a trade secret, knowing it to
be such, and intentionally and without claim of right converts the same to the
actor's own use or that of another person. It shall be a complete defense to
any prosecution under this clause for the defendant to show that information
comprising the trade secret was rightfully known or available to the defendant
from a source other than the owner of the trade secret; or
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2098
(9)
leases or rents personal property under a written instrument and who:
(i)
with intent to place the property beyond the control of the lessor conceals or aids
or abets the concealment of the property or any part thereof; or
(ii)
sells, conveys, or encumbers the property or any part thereof without the
written consent of the lessor, without informing the person to whom the lessee
sells, conveys, or encumbers that the same is subject to such lease or rental
contract with intent to deprive the lessor of possession thereof; or
(iii)
does not return the property to the lessor at the end of the lease or rental
term, plus agreed upon extensions, with intent to wrongfully deprive the lessor
of possession of the property; or
(iv)
returns the property to the lessor at the end of the lease or rental term, plus
agreed upon extensions, but does not pay the lease or rental charges agreed
upon in the written instrument, with intent to wrongfully deprive the lessor of
the agreed upon charges.
For the purposes of items
(iii) and (iv), the value of the property must be at least $100.
Evidence that a lessee used
a false, fictitious, or not current name, address, or place of employment in
obtaining the property or fails or refuses to return the property or pay the
rental contract charges to lessor within five days after written demand for the
return has been served personally in the manner provided for service of process
of a civil action or sent by certified mail to the last known address of the
lessee, whichever shall occur later, shall be evidence of intent to violate
this clause. Service by certified mail shall be deemed to be complete upon
deposit in the United States mail of such demand, postpaid and addressed to the
person at the address for the person set forth in the lease or rental
agreement, or, in the absence of the address, to the person's last known place
of residence; or
(10)
alters, removes, or obliterates numbers or symbols placed on movable property
for purpose of identification by the owner or person who has legal custody or
right to possession thereof with the intent to prevent identification, if the
person who alters, removes, or obliterates the numbers or symbols is not the
owner and does not have the permission of the owner to make the alteration,
removal, or obliteration; or
(11)
with the intent to prevent the identification of property involved, so as to
deprive the rightful owner of possession thereof, alters or removes any
permanent serial number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells or buys any
personal property knowing or having reason to know that the permanent serial
number, permanent distinguishing number or manufacturer's identification number
has been removed or altered; or
(12)
intentionally deprives another of a lawful charge for cable television service
by:
(i)
making or using or attempting to make or use an unauthorized external
connection outside the individual dwelling unit whether physical, electrical,
acoustical, inductive, or other connection; or by
(ii)
attaching any unauthorized device to any cable, wire, microwave, or other
component of a licensed cable communications system as defined in chapter 238.
Nothing herein shall be construed to prohibit the electronic video rerecording
of program material transmitted on the cable communications system by a
subscriber for fair use as defined by Public Law 94-553, section 107; or
(13)
except as provided in paragraphs (12) and (14), obtains the services of another
with the intention of receiving those services without making the agreed or
reasonably expected payment of money or other consideration; or
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2099
(14)
intentionally deprives another of a lawful charge for telecommunications
service by:
(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire, microwave,
radio, or other means to a component of a local telecommunication system as
provided in chapter 237; or
(ii)
attaching an unauthorized device to a cable, wire, microwave, radio, or other
component of a local telecommunication system as provided in chapter 237.
The
existence of an unauthorized connection is prima facie evidence that the
occupier of the premises:
(i)
made or was aware of the connection; and
(ii)
was aware that the connection was unauthorized; or
(15)
with intent to defraud, diverts corporate property other than in accordance
with general business purposes or for purposes other than those specified in
the corporation's articles of incorporation; or
(16)
with intent to defraud, authorizes or causes a corporation to make a
distribution in violation of section 302A.551, or any other state law in
conformity with it; or
(17)
takes or drives a motor vehicle without the consent of the owner or an
authorized agent of the owner, knowing or having reason to know that the owner
or an authorized agent of the owner did not give consent; or
(18)
intentionally and without claim of right, takes, transfers, conceals, or
retains possession of any computer as defined in section 609.87, subdivision 3,
that has identifying information, as defined in section 609.527, subdivision 1,
paragraph (d), in its memory about the owner or any other person, with intent
to convert the identifying information to the actor's own use or that of
another.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date."
Page
2, delete lines 20 to 22 and insert:
"(vi)
the conviction is for a violation of subdivision 2, clause (18); or"
Renumber
the sections in sequence
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1074, A bill for an act relating to anatomical gifts; adopting the Darlene
Luther Revised Uniform Anatomical Gift Act; imposing penalties; proposing
coding for new law as Minnesota Statutes, chapter 525A; repealing Minnesota
Statutes 2006, sections 525.921; 525.9211; 525.9212; 525.9213; 525.9214;
525.9215; 525.9216; 525.9217; 525.9218; 525.9219; 525.9221; 525.9222; 525.9223;
525.9224.
Reported
the same back with the following amendments:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2100
Page
7, line 5, after the period, insert "An anatomical gift made in a will,
a designation on a driver's license or identification card, or a health care
directive under chapter 145C, and not revoked, establishes the intent of the person
making the designation and may not be overridden by any other person."
Page
11, line 4, after the period, insert "If a body is transferred to the
custody of the medical examiner, 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."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1183, A bill for an act relating to natural resources; providing for
community forest management; providing for control of forest and shade tree
pests; appropriating money; amending Minnesota Statutes 2006, sections 18G.03,
by adding a subdivision; 18G.11; 84D.14; 88.01, by adding a subdivision; 88.79,
subdivisions 1, 2; 88.82; 89.001, subdivision 8, by adding subdivisions; 89.01,
subdivisions 1, 2, 4; 89.51, subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55;
89.56, subdivisions 1, 3; 89.57; 89.58; 89.59; 89.60; 89.61; 97A.205; proposing
coding for new law in Minnesota Statutes, chapter 89; repealing Minnesota
Statutes 2006, sections 18G.16; 89.51, subdivision 8.
Reported
the same back with the following amendments:
Page
11, line 31, delete everything after the semicolon and insert "the
Minnesota Shade Tree Advisory Council"
Page
11, line 32, delete "Resources"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F. No.
1209, A bill for an act relating to commerce; regulating certain transactions
with homeowners whose homes are in foreclosure; amending Minnesota Statutes
2006, sections 325N.01; 325N.03; 325N.04; 325N.10, subdivisions 3, 4, by adding
a subdivision; 325N.13; 325N.14; 325N.17; 325N.18, by adding a subdivision;
Laws 2004, chapter 263, section 26.
Reported
the same back with the following amendments:
Page
5, line 1, after the period, insert "A post office box may be
designated for delivery by mail only if it is accompanied by a physical address
at which the notice could be delivered by a method other than mail."
Page
6, line 33, delete "foreclosed real property" and insert
"residence in foreclosure"
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2101
Page
7, line 27, after "mailed" insert "or otherwise
delivered" and after the period, insert "A post office box may
be designated for delivery by mail only if it is accompanied by a physical address
at which the notice could be delivered by a method other than mail."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F. No.
1224, A bill for an act relating to labor relations; prohibiting use of state
funds to encourage or discourage union organizing; providing for a civil
penalty; proposing coding for new law in Minnesota Statutes, chapter 179.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [179.78] DEFINITIONS.
Subdivision
1. Scope. For the purposes of
sections 179.78 to 179.785, the terms defined in this section have the meanings
given them.
Subd.
2. Employee influence activity. (a)
"Employee influence activity" means any activity, effort, or attempt
by a publicly funded employer:
(1)
to influence its employees regarding their decisions about whether to support
or oppose a labor organization that represents or seeks to represent those
employees or whether to become a member of any labor organization;
(2)
to encourage or discourage any employee from joining or refraining from joining
a labor organization or from participating or refraining from participating in
any activities in support thereof; or
(3)
to encourage or discourage any employee from participating in or refraining
from participating in any effort by a labor organization or any other form of
employee self-organization or any activity in which an employee participates
for the purpose of mutual aid or protection.
(b)
"Employee influence activity" includes:
(1)
conducting meetings during working hours if any such meetings are conducted for
the purpose of or in connection with any action to carry out the purposes of
paragraph (a), clauses (1) to (3);
(2)
training managers, supervisors, or other personnel regarding methods or
techniques of or related to carrying out the purposes of paragraph (a), clauses
(1) to (3); and
(3)
hiring, retaining, paying the salary or any other compensation to, or defraying
any expenses of any individual, corporation, unincorporated association,
partnership, firm, consultancy, or other entity, or any individual acting for
or on behalf of same, for performing research, planning, advising, preparing,
coordinating, carrying out, or engaging in activities related to carrying out
the purposes of paragraph (a), clauses (1) to (3).
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2102
Subd.
3. Employee. "Employee"
means any individual:
(1)
employed by a publicly funded employer, including but not limited to any
individual engaged in performing work, providing services, or fulfilling
contracts that are, in whole or in part, directly or indirectly, paid for,
financed, derived, or subsidized by, with, or from public funds; and
(2)
any individual employed by any employer in connection with such work.
Subd.
4. State. "State"
includes the state of Minnesota and any agency, office, officer, department,
division, board, commission, authority, instrumentality, or political
subdivision thereof; any corporation, entity, or body created by state law; and
any individual designated by or with authority to act for the state or any of
its subordinate units or political subdivisions.
Subd.
5. Attorney general. "Attorney
general" means the attorney general of the state of Minnesota.
Subd.
6. Employer. "Employer"
means any individual, corporation, unincorporated association, partnership,
institution, trustee, trustee in bankruptcy, receiver, government agency or
body, or other legal entity or association other than the state, that employs
at least one person in the state or any director, officer, or managerial
employee acting as an agent for such individual, corporation, unincorporated
association, partnership, institution, trustee, trustee in bankruptcy,
receiver, government agency or body, or other legal entity or association other
than the state, that employs at least one person in the state. This definition
includes contractors, subcontractors, grantees, and subgrantees of employers.
Subd.
7. Publicly funded employer. "Publicly
funded employer" means the state or any employer that receives public
funds in excess of $25,000 per year in any of the immediately preceding five
years whether such funds are received through payment, grant, allocation,
reimbursement, or subsidy.
Subd.
8. Public funds. "Public
funds" means the revenues of the state from whatever source derived and
any money drawn from the accounts or treasury or any special fund or trust fund
of the state or any of its subordinate units and political subdivisions,
insofar as such funds are appropriated, expended, paid over, granted,
allocated, reimbursed, transferred, or contributed to any other person or
entity for the purpose of supplying services to the state, for the performance
of public works pursuant to the state or its citizens, or for or in connection
with the performance of any contract with the state.
Sec.
2. [179.781] PROHIBITED ACTIVITIES.
Subdivision
1. Employer activities. Publicly
funded employers shall not engage in employee influence activity for which
public money is used, directly or indirectly, to pay any cost or expense, or
for which any cost or expense is defrayed or reimbursed from public funds.
Subd.
2. State activities. The state
shall not engage in any employee influence activity nor shall the state
appropriate, pay, grant, or transfer public funds or, with public funds,
reimburse a publicly funded employer for costs or expenditures arising from or
in connection with any employee influence activity.
Subd.
3. Expression of views. Nothing
in this section shall be interpreted to limit the right of a publicly funded
employer to express any views to its employees or others, or to engage in any
otherwise lawful employee influence activity, as long as such expression is
made or action conducted without utilizing public funds.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2103
Sec. 3. [179.782] CERTIFICATION.
As a condition of receiving
public funds, a publicly funded employer other than the state shall certify to
the state that it will not engage in employee influence activity for which
public money is used, directly or indirectly, to pay any cost or expense or for
which any cost or expense is defrayed or reimbursed from public funds. A
publicly funded employer must certify that it will comply with all the
requirements of this section. Certification is required in requests for
reimbursements from public funds, requests to participate in state programs,
bid proposal submissions, grant request applications, and service contracts.
Sec. 4. [179.783] RECORD KEEPING.
A state contractor, grant
recipient, or program participant that incurs costs or expenses related to
employee influence activities shall maintain records sufficient to show that
public funds have not been used and are not being sought for the purpose of
engaging in employee influence activities. These records shall be provided to
the attorney general upon request, within ten days of a request.
Sec. 5. [179.784] EXCEPTIONS.
The provisions of sections
2, 3, 4, and 6 shall not apply when the state or publicly funded employer is:
(1) performing an activity
required by federal or state law or by a collective bargaining agreement;
(2) addressing a grievance
or entering into, negotiating, or administering a collective bargaining
agreement or other agreement with a labor organization;
(3) using bulletin boards,
e-mail, or other facilities normally used for communication with or by
employees, by any employee, labor organization, groups of employees, or bona
fide employee organization, for discussion of issues related to unionization or
collective bargaining if any applicable law or collectively bargaining
agreement permits or requires a publicly funded employer to allow such use; or
(4) using or accessing
facilities or property by any employee, labor organization, groups of employees,
or bona fide employee organization if any applicable law or collective
bargaining agreement permits or requires a publicly funded employer to allow
such use or access.
Sec. 6. [179.785] ENFORCEMENT AND ACTIONS.
Subdivision 1. Department of Labor and Industry. Any citizen or taxpayer
of the state who complains that a publicly funded employer is using or has used
public funds for employee influence activities may request the Department of
Labor and Industry to investigate the matter. The Department of Labor and
Industry shall commence an investigation if there is reasonable cause to
believe a violation has occurred or is likely to occur and shall issue a report
within 90 days.
Subd. 2. Attorney general. A civil action for a violation of this
section may be brought by the attorney general, on behalf of the people of the
state, for injunctive relief, damages, civil penalties, and other appropriate
equitable relief.
Subd. 3. Individual. A citizen or taxpayer may bring an action
following notification to the attorney general. If, at any time after the
citizen or taxpayer has commenced an action, the attorney general commences an
action with regard to the same matter, the suit by the citizen or taxpayer
shall be held in abeyance. The court may, in its discretion and for the
assistance of the court, permit any citizen or taxpayer to intervene and
participate in any proceedings connected with the action of the attorney
general. If the attorney general subsequently declines to
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2104
proceed with its action, the
citizen or taxpayer action shall be reopened and proceed. If the action of the
attorney general is dismissed by the court or resolved by settlement between
the parties, the citizen or taxpayer action shall be dismissed or otherwise
resolved as provided in the settlement to the extent that the actions arise out
of the same alleged violations.
Subd. 4. Cease and desist. The court shall order a publicly funded
employer other than the state to cease and desist from such action and to
reimburse the state in the amount of any prohibited expenditures plus interest
and damages. The court shall provide other relief, legal and equitable, as is
just and appropriate, including, when the action was commenced by a citizen or
taxpayer, reasonable costs and attorney fees. Whenever a citizen or taxpayer
action is superseded by an action brought by the attorney general that results
in a finding of a violation of this section, the citizen or taxpayer may
recover reasonable costs and attorney fees incurred prior to the initiation of
the action of the attorney general.
Subd. 5. Presumption. In any action under this section, it shall
be presumed that public funds were used for any costs or expenditures in
connection with any employee influence activity unless the publicly funded
employer establishes by a preponderance of the evidence that, prior to engaging
in such activity, the publicly funded employer made reasonable efforts to
segregate its public funds from other revenue sources, and that any costs or
expenditures associated with such employee influence activity were entirely
defrayed from revenues other than any public funds of which the publicly funded
employer is a recipient, grantee, payee, or beneficiary. If public funds and
other funds are commingled, any costs incurred or expenses related to employee
influence activities shall be presumed to derive pro rata from public funds.
Subd. 6. Damages and penalties. All damages and civil penalties
collected shall be deposited in the general fund in the state treasury."
Delete the title and insert:
"A bill for an act
relating to labor relations; prohibiting use of public funds for employee
influence activity; requiring record keeping; providing for enforcement and
civil actions; providing civil penalties; proposing coding for new law in
Minnesota Statutes, chapter 179."
With the recommendation that
when so amended the bill pass.
The report was adopted.
Pelowski from the Committee
on Governmental Operations, Reform, Technology and Elections to which was
referred:
H. F. No. 1283, A bill for
an act relating to employment; requiring independent contractor exemption
certificates; providing penalties; authorizing notice to the commissioners of
revenue and employment and economic development; requiring the commissioner of
revenue to review certifications of independent contractor status; proposing
coding for new law in Minnesota Statutes, chapter 181; repealing Minnesota
Statutes 2006, sections 176.042; 181.722; 268.035, subdivision 9.
Reported the same back with
the following amendments:
Page 5, line 10, after
"contractor" insert "who meets the qualifications
under subdivision 6,"
Page 5, line 21, delete
"for whom an individual is performing services"
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2105
Page 5, line 34, after
"Remedies." delete "(a)"
Page 5, line 35, delete
"$1,000" and insert "$5,000"
Page 6, delete lines 1 to 13
Page 8, line 28, delete
"; 181.722;"
Correct the title numbers
accordingly
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on Finance.
The report was adopted.
Atkins from the Committee on
Commerce and Labor to which was referred:
H. F. No. 1287, A bill for
an act relating to insurance; requiring coverage for colorectal screening
tests; amending Minnesota Statutes 2006, section 62A.30, subdivision 2.
Reported the same back with
the recommendation that the bill pass.
The report was adopted.
Thissen from the Committee
on Health and Human Services to which was referred:
H. F. No. 1296, A bill for
an act relating to insurance; requiring coverage for doula services; requiring
medical assistance to cover doula services; establishing a doula registry;
ensuring in the patient bill of rights the presence of a doula if requested by
a patient; amending Minnesota Statutes 2006, sections 144.651, subdivisions 9,
10; 256B.0625, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 62A; proposing coding for new law as Minnesota
Statutes, chapter 146B.
Reported the same back with
the following amendments:
Page 1, delete section 1
Page 5, line 10, delete
"nationally" and delete "section 62A.0412, subdivision
4" and insert "section 146B.01, subdivision 2"
Page 5, after line 15,
insert:
"Sec. 8. DOULA SERVICES STUDY.
The commissioner of human
services shall conduct a study relating to medical assistance, comparing the
use of epidurals and cesarean sections among women who use doula services
compared to women who do not. The study must:
(1) evaluate the frequency
with which epidurals are provided to women who use doula services compared to
women who do not use these services; and
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2106
(2)
evaluate the frequency with which cesarean sections are performed on women who
use doula services compared to women who do not.
The commissioner must report
findings to the legislature by August 1, 2008."
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 2, delete "insurance; requiring coverage for doula services"
and insert "health"
Page
1, line 4, after the semicolon, insert "requiring a study;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 1319, A bill for an act relating to education; establishing a pilot program
to explore the development of a regional center for visual arts; appropriating
money.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1339, A bill for an act relating to state government; deleting a record
retention provision; amending Minnesota Statutes 2006, section 15.17,
subdivision 1; repealing Minnesota Statutes 2006, section 138.17, subdivisions
9, 10.
Reported
the same back with the following amendments:
Page
1, line 17, strike "If a"
Page
1, strike line 18
Page
1, line 19, strike "meet archival standards specified by the Minnesota
Historical Society"
Page
1, line 21, strike the period
With the
recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2107
Mullery from the Committee
on Public Safety and Civil Justice to which was referred:
H. F.
No. 1360, A bill for an act relating to data practices; clarifying duties and
classifications; making technical changes; amending Minnesota Statutes 2006,
sections 13.02, subdivision 11; 13.04, subdivisions 3, 4; 13.05, subdivision
10; 13.35; 13.355, subdivision 1; 13.384, subdivisions 1, 2; 13.39,
subdivisions 1, 2, 3; 13.393; 13.40, subdivisions 1, 3; 13.41, subdivision 3;
13.43, subdivisions 2, 5, 7, 10, 11; 13.435; 13.44, subdivisions 1, 2, 3;
13.462, subdivisions 2, 3; 13.48; 13.552, subdivision 3; 13.861, subdivision 1;
13.87, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 13; repealing Minnesota Statutes 2006, section 13.79, subdivision 2.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"Section 1. Minnesota
Statutes 2006, section 13.02, subdivision 8, is amended to read:
Subd. 8. Individual. "Individual"
means a natural person. In the case of a minor or an individual adjudged
mentally incompetent incapacitated person as defined in section
524.5-102, subdivision 6, "individual" includes a parent or
guardian or an individual acting as a parent or guardian in the absence of a
parent or guardian, except that the responsible authority shall withhold data
from parents or guardians, or individuals acting as parents or guardians in the
absence of parents or guardians, upon request by the minor if the responsible
authority determines that withholding the data would be in the best interest of
the minor.
Sec. 2. Minnesota Statutes
2006, section 13.02, subdivision 11, is amended to read:
Subd. 11. Political subdivision. "Political
subdivision" means any county, statutory or home rule charter city, school
district, special district, any town exercising powers under chapter 368 and
located in the metropolitan area, as defined in section 473.121, subdivision 2,
and any board, commission, district or authority created pursuant to law, local
ordinance or charter provision. It includes any nonprofit corporation which is
a community action agency organized pursuant to the Economic Opportunity Act of
1964 (Public Law 88-452) as amended, to qualify for public funds, or any
nonprofit social service agency which performs services under contract to any
political subdivision, statewide system or state agency a government
entity, to the extent that the nonprofit social service agency or nonprofit
corporation collects, stores, disseminates, and uses data on individuals
because of a contractual relationship with state agencies, political
subdivisions or statewide systems a government entity.
Sec. 3. Minnesota Statutes
2006, section 13.03, subdivision 4, is amended to read:
Subd. 4. Change in classification of data; effect of
dissemination among agencies. (a) The classification of data in the
possession of an entity shall change if it is required to do so to comply with
either judicial or administrative rules pertaining to the conduct of legal
actions or with a specific statute applicable to the data in the possession of
the disseminating or receiving entity.
(b) If data on individuals
is classified as both private and confidential by this chapter, or any other
statute or federal law, the data is private.
(c) To the extent that
government data is disseminated to a government entity by another government
entity, the data disseminated shall have the same classification in the hands
of the entity receiving it as it had in the hands of the entity providing it.
(d) If a government entity
disseminates data to another government entity, a classification provided for
by law in the hands of the entity receiving the data does not affect the
classification of the data in the hands of the entity that disseminates the
data.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2108
(e)
To the extent that judicial branch data is disseminated to government entities
by the judicial branch, the data disseminated shall have the same level of
accessibility in the hands of the agency receiving it as it had in the hands of
the judicial branch entity providing it.
Sec.
4. Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:
Subd.
3. Access to data by individual.
Upon request to a responsible authority or designee, an individual shall
be informed whether the individual is the subject of stored data on
individuals, and whether it is classified as public, private or confidential.
Upon further request, an individual who is the subject of stored private or
public data on individuals shall be shown the data without any charge and, if
desired, shall be informed of the content and meaning of that data. After an
individual has been shown the private data and informed of its meaning, the
data need not be disclosed to that individual for six months thereafter unless
a dispute or action pursuant to this section is pending or additional data on
the individual has been collected or created. The responsible authority or
designee shall provide copies of the private or public data upon request by
the individual subject of the data. The responsible authority or designee may
require the requesting person to pay the actual costs of making, and certifying,
and compiling the copies.
The
responsible authority or designee shall comply immediately, if possible,
with any request made pursuant to this subdivision, or within ten days of the
date of the request, excluding Saturdays, Sundays and legal holidays, if
immediate compliance is not possible.
Sec.
5. Minnesota Statutes 2006, section 13.04, subdivision 4, is amended to read:
Subd.
4. Procedure when data is not accurate
or complete. (a) An individual subject of the data may contest the accuracy
or completeness of public or private data. To exercise this right, an
individual shall notify in writing the responsible authority describing the
nature of the disagreement. The responsible authority shall within 30 days
either: (1) correct the data found to be inaccurate or incomplete and attempt
to notify past recipients of inaccurate or incomplete data, including recipients
named by the individual; or (2) notify the individual that the authority
believes the data to be correct. Data in dispute shall be disclosed only if the
individual's statement of disagreement is included with the disclosed data.
The
determination of the responsible authority may be appealed pursuant to the
provisions of the Administrative Procedure Act relating to contested cases.
Upon receipt of an appeal by an individual, the commissioner shall, before
issuing the order and notice of a contested case hearing required by chapter
14, try to resolve the dispute through education, conference, conciliation, or
persuasion. If the parties consent, the commissioner may refer the matter to
mediation. Following these efforts, the commissioner shall dismiss the appeal
or issue the order and notice of hearing.
(b)
Data on individuals that have been successfully challenged by an individual
must be completed, corrected, or destroyed by a state agency, political
subdivision, or statewide system government entity without regard to
the requirements of section 138.17.
After
completing, correcting, or destroying successfully challenged data, a
government entity may retain a copy of the commissioner of administration's
order issued under chapter 14 or, if no order were issued, a summary of the
dispute between the parties that does not contain any particulars of the
successfully challenged data.
Sec.
6. Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:
Subd.
10. International dissemination. No state
agency or political subdivision government entity shall transfer or
disseminate any private or confidential data on individuals to the private
international organization known as Interpol, except through the
Interpol-United States National Central Bureau, United States Department of
Justice.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2109
Sec. 7. Minnesota Statutes
2006, section 13.072, subdivision 1, is amended to read:
Subdivision 1. Opinion; when required. (a) Upon request
of a government entity, the commissioner may give a written opinion on any
question relating to public access to government data, rights of subjects of
data, or classification of data under this chapter or other Minnesota statutes
governing government data practices. Upon request of any person who disagrees
with a determination regarding data practices made by a government entity, the
commissioner may give a written opinion regarding the person's rights as a
subject of government data or right to have access to government data.
(b) Upon request of a body
subject to chapter 13D, the commissioner may give a written opinion on any
question relating to the body's duties under chapter 13D. Upon request of a
person who disagrees with the manner in which members of a governing body
perform their duties under chapter 13D, the commissioner may give a written
opinion on compliance with chapter 13D. A governing body or person requesting
an opinion under this paragraph must pay the commissioner a fee of $200. Money
received by the commissioner under this paragraph is appropriated to the
commissioner for the purposes of this section.
(c) If the commissioner
determines that no opinion will be issued, the commissioner shall give the
government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business
days of receipt of the request. If this notice is not given, the commissioner
shall issue an opinion within 20 days of receipt of the request.
(d) For good cause and upon
written notice to the person requesting the opinion, the commissioner may
extend this deadline for one additional 30-day period. The notice must state
the reason for extending the deadline. The government entity or the members of
a body subject to chapter 13D must be provided a reasonable opportunity to
explain the reasons for its decision regarding the data or how they perform
their duties under chapter 13D. The commissioner or the government entity or
body subject to chapter 13D may choose to give notice to the subject of the
data concerning the dispute regarding the data or compliance with chapter 13D.
(e) This section does not
apply to a determination made by the commissioner of health under section
13.3805, subdivision 1, paragraph (b), or 144.6581.
(f) A written, numbered,
and published opinion issued by the attorney general shall take precedence
over an opinion issued by the commissioner under this section.
Sec. 8. Minnesota Statutes
2006, section 13.08, subdivision 1, is amended to read:
Subdivision 1. Action for damages. Notwithstanding
section 466.03, a responsible authority or government entity which violates any
provision of this chapter is liable to a person or representative of a decedent
who suffers any damage as a result of the violation, and the person damaged or
a representative in the case of private data on decedents or confidential data
on decedents may bring an action against the responsible authority or government
entity to cover any damages sustained, plus costs and reasonable attorney fees.
In the case of a willful violation, the government entity shall, in addition,
be liable to exemplary damages of not less than $100 $5,000, nor
more than $10,000 $50,000 for each violation. The state is deemed
to have waived any immunity to a cause of action brought under this chapter.
Sec. 9. Minnesota Statutes
2006, section 13.08, subdivision 4, is amended to read:
Subd.
4. Action to compel compliance. (a)
In addition to the remedies provided in subdivisions 1 to 3 or any other law,
any aggrieved person seeking to enforce the person's rights under this chapter
or obtain access to data may bring an action in district court to compel
compliance with this chapter and may recover costs and disbursements, including
reasonable attorney's fees, as determined by the court. If the court determines
that an
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2110
action brought under this
subdivision is frivolous and without merit and a basis in fact, it may award
reasonable costs and attorney fees to the responsible authority. If the court
issues an order to compel compliance under this subdivision, the court may
impose a civil penalty of up to $300 $3,000 against the
government entity. This penalty is payable to the state general fund and is in
addition to damages under subdivision 1. The matter shall be heard as soon as
possible. In an action involving a request for government data under section
13.03 or 13.04, the court may inspect in camera the government data in dispute,
but shall conduct its hearing in public and in a manner that protects the
security of data classified as not public. If the court issues an order to
compel compliance under this subdivision, the court shall forward a copy of the
order to the commissioner of administration.
(b) In
determining whether to assess a civil penalty under this subdivision, the court
shall consider whether the government entity has substantially complied with general
data practices under this chapter, including but not limited to, whether the
government entity has:
(1)
designated a responsible authority under section 13.02, subdivision 16;
(2)
designated a data practices compliance official under section 13.05,
subdivision 13;
(3)
prepared the public document that names the responsible authority and describes
the records and data on individuals that are maintained by the government
entity under section 13.05, subdivision 1;
(4) developed
public access procedures under section 13.03, subdivision 2; procedures to
guarantee the rights of data subjects under section 13.05, subdivision 8; and
procedures to ensure that data on individuals are accurate and complete and to
safeguard the data's security under section 13.05, subdivision 5;
(5) sought
an oral, written, or electronic opinion from the commissioner of administration
related to the matter at issue and acted in conformity with that opinion or
acted in conformity with an opinion issued under section 13.072 that was sought
by a government entity or another person; or
(6)
provided ongoing training to government entity personnel who respond to
requests under this chapter.
(c)
The court shall award reasonable attorney fees to a prevailing plaintiff who
has brought an action under this subdivision if the government entity that is
the defendant in the action was also the subject of a written opinion issued
under section 13.072 and the court finds that the opinion is directly related to
the cause of action being litigated and that the government entity did not act
in conformity with the opinion.
Sec.
10. Minnesota Statutes 2006, section 13.202, subdivision 11, is amended to
read:
Subd.
11. Metropolitan government. (a) Labor relations information. Certain
labor relations data relating to the negotiation of collective bargaining
contracts by the Metropolitan Council are classified under section 473.1291.
(a) (b) Affirmative action plans. Treatment of data relating to
metropolitan agency affirmative action plans is governed by section 473.143,
subdivisions 5 and 7.
(b) (c) Contracts for management services. Data
relating to compensation of personnel who work under a management service
contract are classified by section 473.405, subdivision 12.
(c) (d) Arena acquisition. Certain data in
connection with a decision whether to acquire a sports arena are classified
under section 473.598, subdivision 4.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2111
(d) (e) Airports commission. Certain airline
data submitted to the Metropolitan Airports Commission in connection with the
issuance of revenue bonds are classified under section 473.6671, subdivision 3.
(e) (f) Solid waste landfill fee. Information
obtained from the operator of a mixed municipal solid waste disposal facility
under section 473.843 is classified under section 473.843, subdivision 4.
Sec.
11. Minnesota Statutes 2006, section 13.32, subdivision 5, is amended to read:
Subd.
5. Directory information.
Information designated as directory information pursuant to the provisions of
United States Code, title 20, section 1232g and Code of Federal Regulations,
title 34, section 99.37 which are in effect on July 1, 1993 January
1, 2007, is public data on individuals. When conducting the directory
information designation and notice process required by federal law, an
educational agency or institution shall give parents and students notice of the
right to refuse to let the agency or institution designate any or all data
about the student as directory information. This notice may be given by any
means reasonably likely to inform the parents and students of the right.
Sec.
12. Minnesota Statutes 2006, section 13.35, is amended to read:
13.35 FEDERAL CONTRACTS DATA.
To the
extent that a federal agency requires it as a condition for contracting with a state
agency or political subdivision government entity, all government
data collected and maintained by the state agency or political subdivision
government entity because that agency contracts with the federal agency
are classified as either private or nonpublic depending on whether the data are
data on individuals or data not on individuals.
Sec.
13. Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:
Subdivision
1. General. The Social Security
numbers of individuals, whether provided in whole or in part, collected
or maintained by a state agency, statewide system, or political subdivision
government entity are private data on individuals, except to the extent
that access to the Social Security number is specifically authorized by law.
Sec.
14. Minnesota Statutes 2006, section 13.384, subdivision 1, is amended to read:
Subdivision
1. Definition. As used in this section:
(a)
"Directory information" means name of the patient, date admitted, and
general condition.
(b)
"Medical data" means data collected because an individual was or is a
patient or client of a hospital, nursing home, medical center, clinic, health
or nursing agency operated by a state agency or political subdivision government
entity including business and financial records, data provided by private
health care facilities, and data provided by or about relatives of the
individual.
Sec.
15. Minnesota Statutes 2006, section 13.384, subdivision 2, is amended to read:
Subd.
2. Public hospitals; directory
information. (a) During the time that a person is a patient in a hospital
operated by a state agency or political subdivision government entity
under legal commitment, directory information is public data. After the
person is released by termination of the person's legal commitment, the
directory information is private data on individuals.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2112
(b) If a person is a patient
other than pursuant to commitment in a hospital controlled by a state agency
or political subdivision government entity, directory information is
public data unless the patient requests otherwise, in which case it is private
data on individuals.
(c) Directory information
about an emergency patient who is unable to communicate which is public under
this subdivision shall not be released until a reasonable effort is made to
notify the next of kin. Although an individual has requested that directory
information be private, the hospital may release directory information to a law
enforcement agency pursuant to a lawful investigation pertaining to that
individual.
Sec. 16. Minnesota Statutes
2006, section 13.39, subdivision 1, is amended to read:
Subdivision 1. Definitions. A "pending civil
legal action" includes but is not limited to judicial, administrative or
arbitration proceedings. Whether a civil legal action is pending shall be determined
by the chief attorney acting for the state agency, political subdivision or
statewide system government entity.
Sec. 17. Minnesota Statutes
2006, section 13.39, subdivision 2, is amended to read:
Subd. 2. Civil actions. (a) Except as provided
in paragraph (b), data collected by state agencies, political subdivisions, or
statewide systems as part of an active investigation undertaken for the purpose
of the commencement or defense of a pending civil legal action, or which are
retained in anticipation of a pending civil legal action, are classified as
protected nonpublic data pursuant to section 13.02, subdivision 13, in the case
of data not on individuals and confidential pursuant to section 13.02,
subdivision 3, in the case of data on individuals. Any agency, political
subdivision, or statewide system may make any data classified as confidential
or protected nonpublic pursuant to this subdivision accessible to any person,
agency or the public if the agency, political subdivision, or statewide system determines
that the access will aid the law enforcement process, promote public health or
safety or dispel widespread rumor or unrest.
(b) A complainant has access
to a statement provided by the complainant to a state agency, statewide
system, or political subdivision government entity under paragraph
(a).
Sec. 18. Minnesota Statutes
2006, section 13.39, subdivision 2a, is amended to read:
Subd. 2a. Disclosure of data. During the time
when a civil legal action is determined to be pending under subdivision 1, any
person may bring an action in the district court in the county where the data
is maintained to obtain disclosure of data classified as confidential or
protected nonpublic under subdivision 2. The court may order that all or part
of the data be released to the public or to the person bringing the action. In
making the determination whether data shall be disclosed, the court shall
consider whether the benefit to the person bringing the action or to the public
outweighs any harm to the public, the agency entity, or any
person identified in the data. The data in dispute shall be examined by the
court in camera.
Sec. 19. Minnesota Statutes
2006, section 13.39, subdivision 3, is amended to read:
Subd. 3. Inactive investigative data. Inactive
civil investigative data are public, unless the release of the data would
jeopardize another pending civil legal action, and except for those portions of
a civil investigative file that are classified as not public data by this
chapter or other law. Any civil investigative data presented as evidence in
court or made part of a court record shall be public. Civil investigative data
become inactive upon the occurrence of any of the following events:
(1) a decision by the state
agency, political subdivision, or statewide system government entity or
by the chief attorney acting for the state agency, political subdivision, or
statewide system government entity not to pursue the civil action;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2113
(2) expiration of the time
to file a complaint under the statute of limitations or agreement applicable to
the civil action; or
(3) exhaustion of or
expiration of rights of appeal by either party to the civil action.
Data determined to be
inactive under clause (1) may become active if the state agency, political
subdivision, statewide system government entity, or its attorney
decides to renew the civil action.
Sec. 20. Minnesota Statutes
2006, section 13.392, subdivision 1, is amended to read:
Subdivision 1. Confidential data or protected nonpublic
data. Data, notes, and preliminary drafts of reports created, collected,
and maintained by the internal audit offices of state agencies and political
subdivisions government entities, or persons performing audits for state
agencies and political subdivisions government entities, and
relating to an audit or investigation are confidential data on individuals or
protected nonpublic data until the final report has been published or the audit
or investigation is no longer being pursued actively, except that the data
shall be disclosed as required to comply with section 6.67 or 609.456. This
section does not limit in any way:
(1) the state auditor's
access to government data of political subdivisions or data, notes, or
preliminary drafts of reports of persons performing audits for political
subdivisions; or
(2) the public or a data
subject's access to data classified by section 13.43.
Sec. 21. Minnesota Statutes
2006, section 13.393, is amended to read:
13.393 ATTORNEYS.
Notwithstanding the
provisions of this chapter and section 15.17, the use, collection, storage, and
dissemination of data by an attorney acting in a professional capacity for the
state, a state agency or a political subdivision a government entity shall
be governed by statutes, rules, and professional standards concerning
discovery, production of documents, introduction of evidence, and professional
responsibility; provided that this section shall not be construed to affect the
applicability of any statute, other than this chapter and section 15.17, which
specifically requires or prohibits disclosure of specific information by the
attorney, nor shall this section be construed to relieve any responsible
authority, other than the attorney, from duties and responsibilities pursuant
to this chapter and section 15.17.
Sec. 22. Minnesota Statutes
2006, section 13.40, subdivision 1, is amended to read:
Subdivision 1. Records subject to this chapter. (a)
For purposes of this section, "historical records repository" means
an archives or manuscript repository operated by any state agency, statewide
system, or political subdivision a government entity whose purpose
is to collect and maintain data to further the history of a geographic or
subject area. The term does not include the state archives as defined in
section 138.17, subdivision 1, clause (5).
(b) Data collected,
maintained, used, or disseminated by a library or historical records repository
operated by any state agency, political subdivision, or statewide system
a government entity shall be administered in accordance with the
provisions of this chapter.
Sec. 23. Minnesota Statutes
2006, section 13.40, subdivision 3, is amended to read:
Subd. 3. Nongovernmental data. Data held in the
custody of a historical records repository that were not originally created,
received, maintained, or disseminated by a state agency, statewide system,
or political subdivision government entity are not government data.
These data are accessible to the public unless:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2114
(1)
the data are contributed by private persons under an agreement that restricts
access, to the extent of any lawful limitation; or
(2)
access would significantly endanger the physical or organizational integrity of
the data.
Sec.
24. Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:
Subd.
3. Board of Peace Officer Standards and
Training. The following government data of the Board of Peace Officer
Standards and Training are private data:
(1)
home addresses of licensees and applicants for licenses; and
(2)
data that identify the state agency, statewide system, or political
subdivision government entity that employs a licensed peace officer.
The
board may disseminate private data on applicants and licensees as is necessary
to administer law enforcement licensure or to provide data under section
626.845, subdivision 1, to law enforcement agencies who are conducting
employment background investigations.
Sec.
25. Minnesota Statutes 2006, section 13.43, subdivision 2, is amended to read:
Subd.
2. Public data. (a) Except for
employees described in subdivision 5 and subject to the limitations described
in subdivision 5a, the following personnel data on current and former
employees, volunteers, and independent contractors of a government entity is
public:
(1)
name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; contract fees; actual gross
pension; the value and nature of employer paid fringe benefits; and the basis
for and the amount of any added remuneration, including expense reimbursement,
in addition to salary;
(2)
job title and bargaining unit; job description; education and training
background; and previous work experience;
(3)
date of first and last employment;
(4)
the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary
action;
(5)
the final disposition of any disciplinary action together with the specific
reasons for the action and data documenting the basis of the action, excluding
data that would identify confidential sources who are employees of the public
body;
(6)
the terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143,
subdivision 2, paragraph (a); except that the agreement must include specific
reasons for the agreement if it involves the payment of more than $10,000 of
public money;
(7)
work location; a work telephone number; badge number; and honors and awards
received; and
(8)
payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of
time sheet data would reveal the employee's reasons for the use of sick or
other medical leave or other not public data.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2115
(b)
For purposes of this subdivision, a final disposition occurs when the state
agency, statewide system, or political subdivision government entity makes
its final decision about the disciplinary action, regardless of the possibility
of any later proceedings or court proceedings. In the case of arbitration
proceedings arising under collective bargaining agreements, a final disposition
occurs at the conclusion of the arbitration proceedings, or upon the failure of
the employee to elect arbitration within the time provided by the collective
bargaining agreement. Final disposition includes a resignation by an individual
when the resignation occurs after the final decision of the state agency,
statewide system, political subdivision government entity, or
arbitrator.
(c)
The state agency, statewide system, or political subdivision government
entity may display a photograph of a current or former employee to a
prospective witness as part of the state agency's, statewide system's, or
political subdivision's government entity's investigation of any
complaint or charge against the employee.
(d) A
complainant has access to a statement provided by the complainant to a state
agency, statewide system, or political subdivision government entity in
connection with a complaint or charge against an employee.
(e)
Notwithstanding paragraph (a), clause (5), upon completion of an investigation
of a complaint or charge against a public official, or if a public official
resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access
to the data would jeopardize an active investigation or reveal confidential
sources. For purposes of this paragraph, "public official" means:
(1)
the head of a state agency and deputy and assistant state agency heads;
(2)
members of boards or commissions required by law to be appointed by the
governor or other elective officers; and
(3)
executive or administrative heads of departments, bureaus, divisions, or
institutions within state government.
Sec.
26. Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:
Subd.
5. Undercover law enforcement officer.
All personnel data maintained by any state agency, statewide system or
political subdivision a government entity relating to an individual
employed as or an applicant for employment as an undercover law enforcement
officer are private data on individuals. When the individual is no longer
assigned to an undercover position, the data described in subdivisions 2 and 3
become public unless the law enforcement agency determines that revealing the
data would threaten the personal safety of the officer or jeopardize an active
investigation.
Sec.
27. Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:
Subd.
7. Employee assistance data. All
data created, collected or maintained by any state agency or political
subdivision a government entity to administer employee assistance
programs similar to the one authorized by section 43A.319 are classified as
private, pursuant to section 13.02, subdivision 12. This section shall not be
interpreted to authorize the establishment of employee assistance programs.
Sec.
28. Minnesota Statutes 2006, section 13.43, subdivision 9, is amended to read:
Subd.
9. Peer counseling debriefing data.
(a) Data acquired by a peer group member in a public safety peer counseling
debriefing is private data on the person being debriefed.
(b)
For purposes of this subdivision, "public safety peer counseling
debriefing" means a group process oriented debriefing session held for
peace officers, firefighters, medical emergency persons, dispatchers, or other
persons involved with public safety emergency services, that is established by
any agency entity providing public safety emergency services and
is designed to help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with posttraumatic
stress.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2116
Sec.
29. Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:
Subd.
10. Prohibition on agreements limiting
disclosure or discussion of personnel data. (a) A state agency,
statewide system, or political subdivision government entity may not
enter into an agreement settling a dispute arising out of the employment
relationship with the purpose or effect of limiting access to or disclosure of
personnel data or limiting the discussion of information or opinions related to
personnel data. An agreement or portion of an agreement that violates this
paragraph is void and unenforceable.
(b)
Paragraph (a) applies to the following, but only to the extent that the data or
information could otherwise be made accessible to the public:
(1) an
agreement not to discuss, publicize, or comment on personnel data or
information;
(2) an
agreement that limits the ability of the subject of personnel data to release
or consent to the release of data; or
(3)
any other provision of an agreement that has the effect of limiting the
disclosure or discussion of information that could otherwise be made accessible
to the public, except a provision that limits the ability of an employee to
release or discuss private data that identifies other employees.
(c)
Paragraph (a) also applies to a court order that contains terms or conditions
prohibited by paragraph (a).
Sec.
30. Minnesota Statutes 2006, section 13.43, subdivision 11, is amended to read:
Subd.
11. Protection of employee or others.
(a) If the responsible authority or designee of a state agency, statewide
system, or political subdivision government entity reasonably
determines that the release of personnel data is necessary to protect an
employee from harm to self or to protect another person who may be harmed by
the employee, data that are relevant to the concerns for safety may be released
as provided in this subdivision.
(b)
The data may be released:
(1) to
the person who may be harmed and to an attorney representing the person when
the data are relevant to obtaining a restraining order;
(2) to
a prepetition screening team conducting an investigation of the employee under
section 253B.07, subdivision 1; or
(3) to
a court, law enforcement agency, or prosecuting authority.
(c)
Section 13.03, subdivision 4, paragraph (c), applies to data released under this
subdivision, except to the extent that the data have a more restrictive
classification in the possession of the agency or authority that receives the
data. If the person who may be harmed or the person's attorney receives data
under this subdivision, the data may be used or released further only to the
extent necessary to protect the person from harm.
Sec.
31. Minnesota Statutes 2006, section 13.435, is amended to read:
13.435 SALARY BENEFIT SURVEY DATA.
Salary
and personnel benefit survey data purchased from consulting firms, nonprofit
corporations or associations or obtained from employers with the written
understanding that the data shall not be made public which is maintained by state
agencies, political subdivisions or statewide systems government
entities are classified as nonpublic pursuant to section 13.02, subdivision
9.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2117
Sec.
32. Minnesota Statutes 2006, section 13.44, subdivision 1, is amended to read:
Subdivision
1. Real property; complaint data.
The identities of individuals who register complaints with state agencies or
political subdivisions government entities concerning violations of
state laws or local ordinances concerning the use of real property are classified
as confidential data, pursuant to section 13.02, subdivision 3.
Sec.
33. Minnesota Statutes 2006, section 13.44, subdivision 2, is amended to read:
Subd.
2. Real property; building code
violations. Code violation records pertaining to a particular parcel of
real property and the buildings, improvements, and dwelling units located on it
that are kept by any state, county, or city agency charged by the governing
body of the appropriate political subdivision government entity with
the responsibility for enforcing a state, county, or city health, housing,
building, fire prevention, or housing maintenance code are public data; except
as otherwise provided by section 13.39, subdivision 2; 13.44; or 13.82,
subdivision 7.
Sec.
34. Minnesota Statutes 2006, section 13.44, subdivision 3, is amended to read:
Subd.
3. Real property; appraisal data.
(a) Confidential or protected nonpublic
data. Estimated or appraised values of individual parcels of real property
that are made by personnel of the state or a political subdivision a
government entity or by independent appraisers acting for the state or a
political subdivision a government entity for the purpose of selling
or acquiring land through purchase or condemnation are classified as
confidential data on individuals or protected nonpublic data.
(b) Private or nonpublic data. Appraised
values of individual parcels of real property that are made by appraisers
working for fee owners or contract purchasers who have received an offer to
purchase their property from the state or a political subdivision a
government entity are classified as private data on individuals or
nonpublic data.
(c) Public data. The data made confidential
or protected nonpublic under paragraph (a) or made private or nonpublic under paragraph
(b) become public upon the occurrence of any of the following:
(1)
the data are submitted to a court-appointed condemnation commissioner;
(2)
the data are presented in court in condemnation proceedings; or
(3)
the negotiating parties enter into an agreement for the purchase and sale of
the property.
Sec.
35. Minnesota Statutes 2006, section 13.462, subdivision 1, is amended to read:
Subdivision
1. Definition. As used in this
section, "benefit data" means data on individuals collected or created
because an individual seeks information about becoming, is, or was an applicant
for or a recipient of benefits or services provided under various housing, home
ownership, rehabilitation and community action agency, Head Start, and food
assistance programs administered by state agencies, political subdivisions,
or statewide systems government entities. Benefit data does not
include welfare data which shall be administered in accordance with section
13.46.
Sec.
36. Minnesota Statutes 2006, section 13.462, subdivision 2, is amended to read:
Subd.
2. Public data. The names and
addresses of applicants for and recipients of benefits, aid, or assistance
through programs administered by any political subdivision, state agency, or
statewide system a government entity that are intended to assist
with the purchase, rehabilitation, or other purposes related to housing or
other real property are classified as public data on individuals. If an
applicant or recipient is a corporation, the names and addresses of the officers
of the corporation are public data on individuals. If an applicant or recipient
is a partnership, the names and addresses of the partners are public data on
individuals. The amount or value of benefits, aid, or assistance received is
public data.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2118
Sec.
37. Minnesota Statutes 2006, section 13.462, subdivision 3, is amended to read:
Subd.
3. Private data. Unless otherwise
provided by law, all other benefit data are private data on individuals, and
shall not be disclosed except pursuant to court order or to an agent of the state
agency, political subdivision, or statewide system government entity,
including appropriate law enforcement personnel, who are acting in an
investigation or prosecution of a criminal or civil proceeding relating to the
administration of a program described in subdivision 1.
Sec.
38. Minnesota Statutes 2006, section 13.48, is amended to read:
13.48 AWARD DATA.
Financial
data on business entities submitted to a state agency, statewide system, or
political subdivision government entity for the purpose of
presenting awards to business entities for achievements in business development
or performance are private data on individuals or nonpublic data.
Sec.
39. Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:
Subd.
3. Data provided under subpoena.
Data supplied by a state agency, statewide system, or political subdivision
government entity pursuant to a subpoena issued by the commissioner of
human rights is governed by section 363A.06, subdivision 2.
Sec.
40. Minnesota Statutes 2006, section 13.591, subdivision 4, is amended to read:
Subd.
4. Classification of evaluative data;
data sharing. (a) Data created or maintained by a government entity as part
of the selection or evaluation process referred to in this section are
protected nonpublic data until completion of the selection process or
completion of the evaluation process at which time the data are public with the
exception of trade secret data as defined and classified in section 13.37.
(b) If
a state agency government entity asks employees of other state
agencies government entities to assist with the selection of the
responses to a request for bid or the evaluation of responses to a request for
proposal, the state agency government entity may share not public
data in the responses with those employees. The employees participating in the
selection or evaluation may not further disseminate the not public data they
review.
Sec.
41. [13.597] GRANTS.
Subdivision
1. Definitions. For purposes of
this section, the following terms have the meanings given them.
(a)
"Completion of the evaluation process" means that the granting agency
has completed negotiating the grant agreement with the selected grantee.
(b)
"Grant agreement" means the document that details the
responsibilities of the grantee and the granting agency and the value to be
provided to the grantee.
(c)
"Grantee" means a person that applies for or receives a grant.
(d)
"Granting agency" means the government entity that provides the
grant.
(e)
"Opened" means the act that occurs once the deadline for submitting a
response to a proposal to the granting agency has been reached.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2119
(f)
"Request for proposal" means the data outlining the responsibilities
the granting agency wants the grantee to assume.
(g)
"Response" means the data submitted by a grantee as required by a
request for proposal.
Subd.
2. Request for applications. Data
created by a granting agency to create a request for proposal is classified as
nonpublic until the request for proposal is published. To the extent that a
granting agency involves persons outside the granting agency to create the
request for proposal, the data remain nonpublic in the hands of all persons who
may not further disseminate any data that are created or reviewed as part of
the request for proposal development. At publication, the data in the request
for proposal is public.
Subd.
3. Responses to request for proposals.
(a) Responses submitted by a grantee are private or nonpublic until the
responses are opened. Once the responses are opened, the name and address of
the grantee and the amount requested is public. All other data in a response is
private or nonpublic data until completion of the evaluation process. After a
granting agency has completed the evaluation process, all remaining data in the
responses is public with the exception of trade secret data as defined and
classified in section 13.37. A statement by a grantee that the response is
copyrighted or otherwise protected does not prevent public access to the
response.
(b)
If all responses are rejected prior to completion of the evaluation process,
all data, other than that made public at the opening, remain private or
nonpublic until a resolicitation of proposals results in completion of the
evaluation process or a determination is made to abandon the grant. If the
rejection occurs after the completion of the evaluation process, the data
remain public. If a resolicitation of proposals does not occur within one year
of the grant opening date, the remaining data become public.
Subd.
4. Evaluation data. (a) Data
created or maintained by a granting agency as part of the evaluation process
referred to in this section are protected nonpublic data until completion of
the evaluation process at which time the data are public with the exception of
trade secret data as defined and classified in section 13.37.
(b)
If a granting agency asks individuals outside the granting agency to assist
with the evaluation of the responses, the granting agency may share not public
data in the responses with those individuals. The individuals participating in
the evaluation may not further disseminate the not public data they review.
Sec.
42. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
to read:
Subd.
14. Market research data; classification.
(a) Names, home addresses except for zip codes, home e-mail addresses, and
home telephone numbers obtained for or received in response to a survey
conducted by or on behalf of the Department of Transportation are classified as
private data on individuals.
(b)
Business names, business addresses except for zip codes, business e-mail
addresses, and business telephone numbers obtained for or received in response
to a survey conducted by or on behalf of the Department of Transportation are
classified as nonpublic data.
Sec.
43. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
to read:
Subd.
15. Overhead rate data. Financial
statements and lists of stockholders provided to the commissioner of
transportation by a consultant in order to establish its overhead rate, and the
schedule of audit adjustments and the overhead rate schedule prepared by the
Department of Transportation in order to establish the overhead rate for a
consultant are classified as nonpublic data or private data on individuals. The
overhead rate percentage is public data.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2120
Sec. 44. Minnesota Statutes
2006, section 13.72, is amended by adding a subdivision to read:
Subd. 16. Bid escrow data. Bid documentation held in escrow by the
Department of Transportation is classified as nonpublic data. Any data on
individuals in the bid documentation are classified as private data on
individuals. "Bid documentation" means all writings, working papers,
computer printout charts, and other data calculations used by a contractor to
determine its bid in bidding for a contract. The bid documentation includes,
but is not limited to, the contractor's costs for operating each piece of
equipment owned by the contractor, the contractor's overhead costs and its
calculated overhead rate, the contractor's pay rates for its employees,
efficiency or productivity factors, arithmetic extensions, and the rates and
quotations from subcontractors and material suppliers to the extent that the
rates and quotations were used by the contractor in formulating and determining
the amount of the bid.
Sec. 45. [13.7908] BUREAU OF MEDIATION SERVICES
DATA.
Subdivision 1. Representation data. Authorization signatures or cards
furnished in support of a petition filed or election conducted under sections
179.16, 179.18 to 179.25, and 179A.12, and ballots, prior to the time of
tabulation, are classified as protected nonpublic data or confidential data on
individuals.
Subd. 2. Mediation data. Data received or maintained by the staff
or commissioner of the Bureau of Mediation Services during the course of
providing mediation services to the parties to a labor dispute under chapter
179 are classified as protected nonpublic data or confidential data on
individuals, except to the extent the commissioner of the Bureau of Mediation
Services determines access to data is necessary to fulfill the requirements of
section 179A.16 or to identify the general nature of or parties to a labor
dispute.
Sec. 46. Minnesota Statutes
2006, section 13.861, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section:
(a) "Security
service" means an organization that provides security services to a state
agency or political subdivision government entity as a part of the
governmental that entity or under contract to it. Security service
does not include a law enforcement agency.
(b) "Security service
data" means all data collected, created, or maintained by a security
service for the purpose of providing security services.
Sec. 47. Minnesota Statutes
2006, section 13.87, subdivision 1, is amended to read:
Subdivision 1. Criminal history data. (a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in
criminal history records compiled by the Bureau of Criminal Apprehension and
disseminated through the criminal justice information system, including, but
not limited to fingerprints, photographs, identification data, arrest data,
prosecution data, criminal court data, custody and supervision data.
(b) Classification. Criminal history data maintained by agencies,
political subdivisions and statewide systems are classified as private,
pursuant to section 13.02, subdivision 12, except that data created, collected,
or maintained by the Bureau of Criminal Apprehension that identify an
individual who was convicted of a crime, the offense of which the individual
was convicted, associated court disposition and sentence information,
controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. When an
innocent party's name is associated with a criminal history, and a
determination has been made through a fingerprint verification that the
innocent party is not the subject of the criminal history, the name may be
redacted from the public criminal history data. The name shall be retained in
the criminal history and classified as private data.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2121
The Bureau of Criminal
Apprehension shall provide to the public at the central office of the bureau
the ability to inspect in person, at no charge, through a computer monitor the criminal
conviction data classified as public under this subdivision.
(c) Limitation. Nothing in paragraph (a) or (b) shall limit public
access to data made public by section 13.82.
Sec. 48. Minnesota Statutes
2006, section 13.87, subdivision 2, is amended to read:
Subd. 2. Firearms data. All data pertaining to
the purchase or transfer of firearms and applications for permits to carry
firearms which are collected by state agencies, political subdivisions or
statewide systems government entities pursuant to sections 624.712
to 624.719 are classified as private, pursuant to section 13.02, subdivision
12.
Sec. 49. Minnesota Statutes
2006, section 13.87, is amended by adding a subdivision to read:
Subd. 5. Parole and probation authority access to records. Parole
and county probation authorities may access data identified in subdivision 2 on
an applicant or permit holder who is also a defendant, parolee, or probationer
of a district court.
Sec. 50. [13.873] CRIMNET.
Subdivision 1. Definitions. For purposes of this section,
"integrated search service" or "ISS" is a service operated
by the Bureau of Criminal Apprehension which allows authorized users to search
and view data that are stored on
one or more databases maintained by criminal justice agencies, as defined in
section 299C.46, subdivision 2.
Subd. 2. Requests by data subject. An individual may request that
an ISS query to locate data about the individual be performed by state or local
law enforcement agencies with ISS access. State and local law enforcement
agencies with ISS access shall only provide:
(1) a list of the government
entities that have provided public or private data about that individual
through ISS; and
(2) data that describe what
is maintained about the individual at each government entity on the list.
Subd. 3. Bureau responsibilities. The bureau must provide the
following information at a public Internet site:
(1) a listing of all law
enforcement agencies with ISS access; and
(2) information for
individual data subjects on how to challenge the accuracy or completeness of
data pursuant to section 13.04, subdivision 4.
Sec. 51. Minnesota Statutes
2006, section 84.0274, subdivision 5, is amended to read:
Subd. 5. Owner's rights. When the state proposes
to purchase in fee or any lesser interest in land which will be administered by
the commissioner of natural resources, the landowner shall have the following
rights:
(a) The right to be informed
of the specific intended use of the property and of any change in the intended
use of the property which occurs during the acquisition process. The owner
shall also be informed that the documents regarding the purchase will be public
records if the land is purchased by the state;
(b)
The right to be paid a fair price for the property. The price shall include the
fair market value of the land plus:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2122
(1)
All necessary incidental costs such as abstracting and recording fees related
to the sale. The costs of clearing title defects, paying taxes, and attorney's
fees are not reimbursable; and
(2)
Any penalties incurred by the owner where the property is security for a loan
or advance of credit that contains a provision requiring or permitting the imposition
of a penalty if the loan or advance of credit is prepaid;
(c)
The right to payment, at the owner's election, in a lump sum or in up to four
annual installments;
(d)
The right to have the property fairly appraised by the state. The state's appraiser
shall physically inspect the property and shall allow the owner along when the
appraisal is made. The state's appraiser shall certify in the appraisal report
to having physically inspected the property and having given the landowner an
opportunity to go along on inspections. Notwithstanding section 13.44,
subdivision 3, before an offer is made, the landowner shall be given a
resume of the state's certified appraisal. The resume shall include the
appraiser's conclusions as to value, acreage and type of land, value of
buildings and other improvements, value of timber, special damages and any
special elements of value informed of the value determined pursuant to
section 84.0272;
(e)
The right to retain a qualified independent appraiser to conduct an appraisal
at any time prior to certification of the state's appraisal of the property and
to be reimbursed for appraisal fees as provided in section 117.232, subdivision
1, if the land is sold to the state and to have that appraisal considered along
with the state's in certifying the selling price;
(f)
The right to have the state acquire the property by means of condemnation upon
the owner's request with the agreement of the commissioner;
(g)
The right to receive or waive relocation assistance, services, payments and
benefits as provided in sections 117.52 and 117.521;
(h)
The right to accept the state's offer for the property and contest the state's
offer for relocation and moving expenses;
(i)
The right to continue occupancy of the property until full payment is received,
provided that when the owner elects to receive payment in annual installments
pursuant to clause (c), the owner may retain occupancy until the first payment
is made; and
(j)
The right to seek the advice of counsel regarding any aspect of the land
transaction.
Sec.
52. Minnesota Statutes 2006, section 122A.33, subdivision 3, is amended to
read:
Subd.
3. Notice of nonrenewal; opportunity to
respond. A school board that declines to renew the coaching contract of a
licensed or nonlicensed head varsity coach must notify the coach within 14 days
of that decision. If the coach requests reasons for not renewing the coaching
contract, the board must give the coach its reasons in writing within ten days
of receiving the request. Upon request, the board must provide the coach with a
reasonable opportunity to respond to the reasons at a board meeting. The
hearing may be opened or closed at the election of the coach unless the board
closes the meeting under section 13D.05, subdivision 2, to discuss nonpublic
private data.
Sec.
53. Minnesota Statutes 2006, section 171.07, subdivision 1a, is amended to
read:
Subd.
1a. Filing photograph or image; data
classification. The department shall file, or contract to file, all
photographs or electronically produced images obtained in the process of
issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02,
subdivision 12. Notwithstanding section 13.04, subdivision 3, the department
shall not be required to provide copies of photographs or electronically
produced images to data subjects. The use of the files is restricted:
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2123
(1) to
the issuance and control of drivers' licenses;
(2) for
law enforcement purposes in the investigation and prosecution of crimes; and
to criminal justice agencies, as defined in section 299C.46, subdivision 2, for
the investigation and prosecution of crimes, service of process, location of
missing persons, investigation and preparation of cases for criminal, juvenile,
and traffic court, and supervision of offenders;
(3) for
to public defenders, as defined in section 611.272, for the investigation and
preparation of cases for criminal, juvenile, and traffic courts; and
(4)
to child
support enforcement purposes under section 256.978.
Sec.
54. Minnesota Statutes 2006, section 270B.01, subdivision 8, is amended to
read:
Subd.
8. Minnesota tax laws. For purposes
of this chapter only, unless expressly stated otherwise, "Minnesota tax
laws" means:
(1)
the taxes, refunds, and fees administered by or paid to the commissioner under
chapters 115B, 289A (except taxes imposed under sections 298.01, 298.015, and
298.24), 290, 290A, 291, 295, 297A, 297B, and 297H, or any similar
Indian tribal tax administered by the commissioner pursuant to any tax
agreement between the state and the Indian tribal government, and includes any
laws for the assessment, collection, and enforcement of those taxes, refunds,
and fees; and
(2)
section 273.1315.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
55. Minnesota Statutes 2006, section 270B.02, subdivision 3, is amended to
read:
Subd.
3. Confidential data on individuals;
protected nonpublic data. (a) Except as provided in paragraph (b), the name
or existence of an informer, informer letters, and other data, in whatever
form, given to the Department of Revenue by a person, other than the data subject,
who informs that a specific person is not or may not be in compliance with tax
laws, or nontax laws administered by the Department of Revenue, including laws other
than those relating to property taxes not listed in section 270B.01,
subdivision 8, are confidential data on individuals or protected nonpublic data
as defined in section 13.02, subdivisions 3 and 13. This paragraph does not
apply to laws relating to property taxes.
(b)
Data under paragraph (a) may be disclosed with the consent of the informer or
upon a written finding by a court that the information provided by the informer
was false and that there is evidence that the information was provided in bad
faith. This subdivision does not alter disclosure responsibilities or
obligations under the Rules of Criminal Procedure.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
56. Minnesota Statutes 2006, section 270B.085, is amended by adding a
subdivision to read:
Subd.
3. Collection of nontax debt. The
commissioner may use return information for the purpose of collecting debts
referred to the commissioner under chapter 16D.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2124
Sec.
57. Minnesota Statutes 2006, section 270B.14, subdivision 3, is amended to
read:
Subd.
3. Administration of enterprise, job
opportunity, and biotechnology and health sciences industry zone program
programs. The commissioner may disclose return information relating to
the taxes imposed by chapters 290 and 297A to the Department of Employment and
Economic Development or a municipality receiving an enterprise zone designation
under section 469.169 but only as necessary to administer the funding
limitations under section 469.169, subdivision 7., or to the
Department of Employment and Economic Development and appropriate officials
from the local government units in which a qualified business is located but
only as necessary to enforce the job opportunity building zone benefits under
section 469.315, or biotechnology and health sciences industry zone benefits
under section 469.336.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
58. Minnesota Statutes 2006, section 273.1315, is amended to read:
273.1315 CERTIFICATION OF CLASS 1B
PROPERTY.
Subdivision
1. Class 1b homestead declaration before
2008. Any property owner seeking classification and assessment of the
owner's homestead as class 1b property pursuant to section 273.13, subdivision
22, paragraph (b), on or before October 1, 2007, shall file with the
commissioner of revenue a 1b homestead declaration, on a form prescribed by the
commissioner. The declaration shall contain the following information:
(a)
the information necessary to verify that on or before June 30 of the filing
year, the property owner or the owner's spouse satisfies the requirements of
section 273.13, subdivision 22, paragraph (b), for 1b classification; and
(b) any
additional information prescribed by the commissioner.
The
declaration must be filed on or before October 1 to be effective for property
taxes payable during the succeeding calendar year. The declaration and any
supplementary information received from the property owner pursuant to this
section shall be subject to chapter 270B. If approved by the commissioner, the
declaration remains in effect until the property no longer qualifies under
section 273.13, subdivision 22, paragraph (b). Failure to notify the
commissioner within 30 days that the property no longer qualifies under that
paragraph because of a sale, change in occupancy, or change in the status or
condition of an occupant shall result in the penalty provided in section
273.124, subdivision 13, computed on the basis of the class 1b benefits for the
property, and the property shall lose its current class 1b classification.
The
commissioner shall provide to the assessor on or before November 1 a listing of
the parcels of property qualifying for 1b classification.
Subd.
2. Class 1b homestead declaration 2008 and
thereafter. Any property owner seeking classification and assessment
of the owner's homestead as class 1b property pursuant to section 273.13,
subdivision 22, paragraph (b), after October 1, 2007, shall file with the
county assessor a class 1b homestead declaration, on a form prescribed by the
commissioner of revenue. The declaration must contain the following
information:
(1)
the information necessary to verify that, on or before June 30 of the filing
year, the property owner or the owner's spouse satisfies the requirements of
section 273.13, subdivision 22, paragraph (b), for class 1b classification; and
(2)
any additional information prescribed by the commissioner.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2125
The
declaration must be filed on or before October 1 to be effective for property
taxes payable during the succeeding calendar year. The Social Security numbers
and income and medical information received from the property owner pursuant to
this section are private data on individuals as defined in section 13.02. If
approved by the assessor, the declaration remains in effect until the property
no longer qualifies under section 273.13, subdivision 22, paragraph (b).
Failure to notify the assessor within 30 days that the property no longer
qualifies under that paragraph because of a sale, change in occupancy, or
change in the status or condition of an occupant shall result in the penalty
provided in section 273.124, subdivision 13, computed on the basis of the class
1b benefits for the property, and the property shall lose its current class 1b
classification.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
59. Minnesota Statutes 2006, section 325E.59, subdivision 1, is amended to
read:
Subdivision
1. Generally. (a) A person or
entity, not including a government entity, may not do any of the following:
(1)
publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to
intentionally communicate or otherwise make available to the general public;
(2)
print an individual's Social Security number on any card required for the individual
to access products or services provided by the person or entity;
(3)
require an individual to transmit the individual's Social Security number over
the Internet, unless:
(i) the connection is secure or
the Social Security number is encrypted,; and
(ii)
the Social Security number is necessary to the transaction,
except
as required by titles XVIII and XIX of the Social Security Act and by Code of
Federal Regulations, title 42, section 483.20;
(4)
require an individual to use the individual's Social Security number to access
an Internet Web site, unless a password or unique personal identification
number or other authentication device is also required to access the Internet
Web site;
(5)
print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless
state or federal law requires the Social Security number to be on the document
to be mailed. If, in connection with a transaction involving or otherwise
relating to an individual, a person or entity receives a number from a third
party, that person or entity is under no duty to inquire or otherwise determine
whether the number is or includes that individual's Social Security number and
may print that number on materials mailed to the individual, unless the person
or entity receiving the number has actual knowledge that the number is or
includes the individual's Social Security number; (5) send or cause to be
sent or delivered any letter, envelope, or package that displays a Social
Security number on the face of the mailing envelope or package, or from which a
Social Security number is visible, whether on the outside or inside of the
mailing envelope or package. A person is further prohibited from printing a
number that the person or entity knows to be an individual's Social Security
number on any materials that are mailed to the individual, unless state or
federal law requires the Social Security number to be on the document to be
mailed or as part of applications and forms sent by mail, including documents
sent as part of an application or enrollment process, or to establish, amend,
administer, or terminate an account, contract, or policy, or to confirm the
accuracy of the Social Security number;
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2126
(6)
assign or use a number as the primary account identifier that is identical to
or incorporates an individual's complete Social Security number; or
(7)
sell Social Security numbers obtained from individuals in the course of
business. Nothing in this clause prohibits the sale, transfer, or disclosure
of an individual's Social Security number to a third party if the sale,
transfer, or disclosure (i) has no independent economic value and is incidental
to a larger transaction and (ii) is necessary for the purpose of verifying the
identity of the individual;
(8)
lease, loan, trade, or rent an individual's Social Security number to a
nonaffiliated third party, unless (i) the person or entity has the written
consent to the disclosure from the individual, or (ii) the disclosure is
required or authorized by federal or state law. Nothing in this clause
prohibits the sale, transfer, or disclosure of an individual's Social Security
number to a third party if the sale, transfer, or disclosure has no independent
economic value and is incidental to a larger transaction and is necessary for
the purpose of verifying the identity of the individual; or
(9)
refuse to do business with an individual because the individual will not
consent to the disclosure of, or provide, the individual's Social Security
number, unless in connection with the transaction:
(i)
the person or entity has a permissible purpose to obtain the individual's
credit report under section 604 of the federal Fair Credit Reporting Act,
United States Code, title 15, section 1681(b);
(ii)
the person or entity is expressly required or authorized by federal or state
law to obtain the individual's Social Security number;
(iii)
the person or entity has a reasonable basis to believe that the individual is
using a false identity or false documents; or
(iv)
the business transaction cannot otherwise be completed without the individual's
Social Security number.
Notwithstanding
clauses (1) to (5), Social Security numbers may be included in applications and
forms sent by mail, including documents sent as part of an application or
enrollment process, or to establish, amend, or terminate an account, contract,
or policy, or to confirm the accuracy of the Social Security number. Nothing in
this paragraph authorizes inclusion of a Social Security number on the outside
of a mailing or in the bulk mailing of a credit card solicitation offer.
(b) A
person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees who require
the numbers in order to perform their job duties have access to the numbers,
except as required by titles XVIII and XIX of the Social Security Act and by
Code of Federal Regulations, title 42, section 483.20.
(c)
Except as provided in subdivision 2, this section applies only to the use of
Social Security numbers on or after July 1, 2007.
Sec.
60. Minnesota Statutes 2006, section 325E.59, is amended by adding a
subdivision to read:
Subd.
6. Penalties and remedies. A
person violating this section is subject to the penalties and remedies in
section 8.31.
Journal of the House - 38th
Day - Tuesday, March 27, 2007 - Top of Page 2127
Sec.
61. [473.1291] CLASSIFICATION OF
CERTAIN LABOR RELATIONS DATA.
Notwithstanding
section 13.37, the Metropolitan Council may classify all or any portion of a
management or employee organization position or proposal on economic or noneconomic
items that has been presented by either party during the collective bargaining
process with the Amalgamated Transit Union, as the exclusive representative of
a portion of the council's employees, as nonpublic data under section 13.02,
subdivision 9. The collective bargaining process includes, without limitation,
any mediation that occurs during the process. The Amalgamated Transit Union
constitutes the subject of the data for the purposes of the definition of
nonpublic data. The council may only make such a classification with the
written concurrence of the union. The council may, at its sole discretion,
withdraw the classification at any time and nothing in this section may be
construed to limit or control release of the described data by the union. Any
data classified as nonpublic under this section becomes public after the
contract resulting from the collective bargaining process is executed by both
parties.
This
section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
Sec.
62. REPEALER.
(a)
Minnesota Statutes 2006, section 13.79, subdivision 2, is repealed.