Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5133
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SIXTY-SECOND DAY
Saint Paul, Minnesota, Friday, May 4, 2007
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Deacon Carl Valdez, Pastoral Associate,
Church of the Assumption, Richfield, 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, 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
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Anderson, B.; Holberg and Pelowski were excused.
Olson was excused until 12:00 noon.
The Chief Clerk proceeded to read the Journal of the preceding
day. Wollschlager 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 - 62nd
Day - Friday, May 4, 2007 - Top of Page 5134
REPORTS
OF CHIEF CLERK
S. F. No. 1398 and
H. F. No. 1589, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Murphy, E., moved that the rules be so far suspended that
S. F. No. 1398 be substituted for H. F. No. 1589
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 1, 2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning Chapter No. 38, H. F. No. 886.
The bill authorizes more than four times more spending on projects than I
requested and is simply too large.
In odd numbered years, our Minnesota tradition and expectation
is that bonding bills address emergency needs and consensus items. The DFL
majority exercised no restraint in passing this bill.
Your disregard for this limited agenda is very unfortunate
because many fine projects may be delayed. Emergency needs such as Browns
Valley, meritorious items such as the Veterans Memorial, and previously agreed
upon projects such as the Duluth Entertainment Convention Center should have
been easily passed in this session. I hope you will address these issues and my
other concerns immediately.
I have repeatedly communicated my expectations about the timing
and the composition of the bill. This situation is unfortunate and should have
been avoided.
Sincerely,
Tim
Pawlenty
Governor
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5135
MOTION
TO OVERRIDE VETO
Kohls moved that H. F. No. 886, Chapter No. 38, be now
reconsidered and repassed, the objections of the Governor notwithstanding,
pursuant to Article IV, Section 23, of the Constitution of the State of
Minnesota.
Sertich moved to lay the Kohls motion on the table.
A roll call was requested and properly seconded.
The question was taken on the Sertich motion and the roll was
called. There were 82 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
The motion prevailed.
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 3,
2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning Chapter No. 31, H. F. No. 881, a
bill that amends the Metropolitan Land Planning Act and eliminates the existing
Legislative Commission on Metropolitan Government.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5136
In anticipation of the next round of local government
comprehensive plan updates, the Metropolitan Council has been working with
local governments to streamline planning process and make it more effective.
Although it would be beneficial to have these modifications to the Metropolitan
Land Planning Act enacted to assist in the planning process, I have vetoed
Chapter No. 31 because it would eliminate the Legislative Commission on
Metropolitan Government. This provision was added to the bill by the Senate and
was not part of the House's original legislation.
As you are aware, I supported the creation of the Legislative
Commission on Metropolitan Government when it was established. The commission
provides a necessary bipartisan means for the legislature to work with the
Metropolitan Council and local governments on regional planning. This
Commission also reviews the Metropolitan Council's budget, which includes
millions of dollars of state appropriations. This Commission has not burdened
the daily operations of the Metropolitan Council, but has provided reasonable
degree of oversight to ensure that the appropriate balance is reached between
regional and local needs.
I encourage the legislature to pass the Metropolitan Council's
agency initiative that amends the Metropolitan Land Planning Act, but without
the provision eliminating the Legislative Commission on Metropolitan
Government.
Sincerely,
Tim
Pawlenty
Governor
SECOND READING OF SENATE BILLS
S. F. No. 1398 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Tschumper introduced:
H. F. No. 2464, A bill for an act relating to public finance;
increasing the limit on debt for county capital improvement projects; requiring
a referendum on revenue bonding for a project that could be implemented under
the county capital improvement program and will be leased to or used by the
county; amending Minnesota Statutes 2006, sections 373.40, subdivision 4;
475.58, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Doty introduced:
H. F. No. 2465, A bill for an act relating to highways;
appropriating money to reconstruct highway 25 through city of Pierz;
authorizing sale of trunk highway bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5137
Doty introduced:
H. F. No. 2466, A bill for an act relating to capital improvements;
appropriating money for a tornado siren in the city of Buckman; authorizing the
sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
S. F. No. 345.
Patrice
Dworak, First
Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 345, A bill for an act relating to health; providing
for the medical use of marijuana; providing civil and criminal penalties;
appropriating money; amending Minnesota Statutes 2006, section 13.3806, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time and referred to the
Committee on Ways and Means.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT
ON H. F. No. 829
A bill for an act relating to state government; appropriating
money for public safety and corrections initiatives, courts, public defenders,
tax court, Uniform Laws Commission and Board on Judicial Standards; providing
certain general criminal and sentencing provisions; regulating DWI and driving
provisions; modifying or establishing various provisions relating to public
safety; providing for residency documentation; regulating corrections, the
courts, and emergency communications; regulating scrap metal dealers; modifying
certain law enforcement, insurance, human services, and public defense
provisions; providing immunity from certain civil liability; establishing
reduced ignition propensity standards for cigarettes; providing conditional
repeals of certain laws; providing penalties; amending Minnesota Statutes 2006,
sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1;
13.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2;
16C.23, subdivision 2; 168.012, subdivision 1; 169.13, by adding a subdivision;
169.471, subdivision 2; 169A.275, by adding a subdivision; 169A.51, subdivision
7; 171.09, subdivision 1; 171.12, by adding a subdivision; 171.55; 241.016,
subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69,
subdivisions 3, 4; 243.167, subdivision 1; 243.55, subdivision 1; 244.05, by
adding a subdivision; 245.041; 253B.09, subdivision 3a; 260B.007, by adding a
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5138
subdivision; 260B.125,
subdivision 1; 260B.130, subdivision 1; 260B.141, subdivision 4; 260B.198,
subdivision 6; 260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641,
subdivision 2; 299C.65, subdivisions 2, 5; 302A.781, by adding a subdivision;
325E.21; 352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions
6, 7; 401.15, subdivision 1; 403.07, subdivision 4; 403.11, subdivision 1, by
adding subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83;
504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3;
518B.01, subdivisions 6a, 22; 548.091, subdivision 1a; 549.09, subdivision 1;
563.01, by adding a subdivision; 590.05; 595.02, subdivision 1; 609.02,
subdivision 16; 609.055; 609.135, subdivision 8, by adding a subdivision;
609.15, subdivision 1; 609.21, subdivisions 1, 4a, 5, by adding subdivisions;
609.221, subdivision 2; 609.2232; 609.341, subdivision 11; 609.344, subdivision
1; 609.345, subdivision 1; 609.3451, subdivision 3; 609.3455, subdivision 4, by
adding a subdivision; 609.352; 609.505, subdivision 2; 609.581, by adding
subdivisions; 609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748,
subdivisions 1, 5; 609.75, subdivision 8, by adding subdivisions; 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; 611A.675, subdivisions 1, 2, 3, 4, by
adding a subdivision; 626.5572, subdivision 21; 634.15, subdivisions 1, 2;
641.05; 641.15, by adding a subdivision; 641.265, subdivision 2; Laws 2001,
First Special Session chapter 8, article 4, section 4; Laws 2003, First Special
Session chapter 2, article 1, section 2; proposing coding for new law in Minnesota
Statutes, chapters 72A; 171; 241; 299A; 299F; 357; 484; 504B; 540; 604; 609;
611A; repealing Minnesota Statutes 2006, sections 169.796, subdivision 3;
241.021, subdivision 5; 241.85, subdivision 2; 260B.173; 403.31, subdivision 6;
480.175, subdivision 3; 609.21, subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20,
subdivision 5; Laws 2005, First Special Session chapter 6, article 3, section
91.
May 3, 2007
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The Honorable James P. Metzen
President of the Senate
We, the undersigned
conferees for H. F. No. 829 report that we have agreed upon the items in
dispute and recommend as follows:
That the Senate recede from its
amendments and that H. F. No. 829 be further amended as follows:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. SUMMARY OF
APPROPRIATIONS.
The amounts shown in this section summarize direct appropriations,
by fund, made in this act.
2008 2009 Total
General $923,045,000 $953,879,000 $1,876,924,000
State Government Special
Revenue 55,688,000 50,392,000 106,080,000
Environmental Fund 67,000 69,000 136,000
Journal of the House - 62nd Day
- Friday, May 4, 2007 - Top of Page 5139
Special Revenue Fund 11,974,000 15,014,000 27,038,000
Trunk Highway 367,000 373,000 740,000
Total $991,141,000 $1,019,727,000 $2,010,918,000
Sec. 2. PUBLIC SAFETY
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this
act mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2008, or June 30, 2009, respectively. "The first
year" is fiscal year 2008. "The second year" is fiscal year
2009. "The biennium" is fiscal years 2008 and 2009. Appropriations
for the fiscal year ending June 30, 2007, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. SUPREME COURT
Subdivision 1. Total
Appropriation $44,592,000 $45,923,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Judicial
Salaries.
Effective July 1, 2007, and
July 1, 2008, the salaries of justices of the supreme court and judges of the
court of appeals and district court are increased by three percent.
Subd. 3. Supreme
Court Operations 31,292,000 32,623,000
Contingent
Account. $5,000 each year is for a contingent account for expenses necessary for
the normal operation of the court for which no other reimbursement is provided.
Subd. 4. Civil
Legal Services 13,300,000 13,300,000
Base
Budget. The base budget for civil legal
services is $12,320,000 each year for fiscal years 2010 and 2011.
Legal
Services to Low-Income Clients in Family Law Matters. Of this appropriation,
$877,000 each year is to improve the access of low-income clients to legal
representation in family law matters. This appropriation must be distributed
under Minnesota Statutes, section 480.242, to the qualified legal services
programs described in Minnesota Statutes, section 480.242, subdivision 2,
paragraph (a). Any unencumbered balance remaining in the first year does not
cancel and is available in the second year.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5140
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 4. COURT OF
APPEALS $9,766,000 $10,620,000
Caseload
Increase. $1,285,000 the first year
and $1,876,000 the second year are for caseload increases. This money must be
used for three additional judge units, an additional staff attorney, 2.67
additional full-time equivalent law clerk positions, and for retired judges.
Sec. 5. TRIAL COURTS
$246,077,000 $254,916,000
New Judge
Units. $1,792,000
the first year and $3,241,000 the second year are for an increase in judge
units, including three trial court judge units in the First Judicial District,
one trial court judge unit in the Seventh Judicial District, one trial court
judge unit in the Ninth Judicial District and two trial court judge units in
the Tenth Judicial District. These new judge units begin on January 1, 2008.
Each judge unit consists of a judge, law clerk, and court reporter.
Maintain
and Expand Drug Courts. $2,096,000 the first year
and $2,097,000 the second year are to maintain and to establish new drug
courts.
Guardian Ad
Litem Services. $1,260,000 the first year
and $1,629,000 the second year are for guardian ad litem services.
Interpreter
Services. $606,000 the first year and
$777,000 the second year are for interpreter services.
Psychological
Services. $1,531,000 the first year
and $2,151,000 the second year are for psychological services.
In Forma
Pauperis Services. $178,000 each year is for in
forma pauperis services.
Sec. 6. TAX COURT
$794,000 $825,000
Sec. 7. UNIFORM LAWS
COMMISSION $58,000 $52,000
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5141
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 8. BOARD ON
JUDICIAL STANDARDS $450,000 $460,000
Investigative and Hearing
Costs. $125,000 each year is for special investigative and hearing costs for
major disciplinary actions undertaken by the board. This appropriation does not
cancel. Any encumbered and unspent balances remain available for these
expenditures in subsequent fiscal years.
Sec. 9. BOARD OF
PUBLIC DEFENSE $66,348,000 $69,519,000
District Public Defense
Caseload Increase. $3,213,000 the first year and $5,009,000 the second
year are for 34 new full-time equivalent attorneys and 11 new full-time
equivalent support staff positions to address caseload increases. Of this
amount, $200,000 each year is for transcript costs.
Sec. 10. PUBLIC
SAFETY
Subdivision 1. Total
Appropriation $152,112,000 $152,706,000
Appropriations by Fund
2008 2009
General 89,202,000 92,026,000
Special Revenue 6,788,000 9,846,000
State Government
Special Revenue 55,688,000 50,392,000
Environmental 67,000 69,000
Trunk Highway 367,000 373,000
The amounts that may be spent for each purpose are
specified in the following subdivisions.
Subd. 2. Emergency
Management 2,687,000 2,698,000
Appropriations by Fund
General 2,620,000 2,629,000
Environmental 67,000 69,000
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Day - Friday, May 4, 2007 - Top of Page 5142
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Pandemic Flu Coordinator. $75,000 each year is for one
position to coordinate state readiness for a pandemic flu event. This is a
onetime appropriation.
Subd. 3. Criminal
Apprehension 44,606,000 46,565,000
Appropriations by Fund
General 43,787,000 45,726,000
Special Revenue 445,000 459,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 367,000 373,000
Cooperative Investigation of
Cross-Jurisdictional Criminal Activity. $93,000 each year is
appropriated from the Bureau of Criminal Apprehension account in the special
revenue fund for grants to local officials for the cooperative investigation of
cross-jurisdictional criminal activity. Any unencumbered balance remaining in
the first year does not cancel but is available for the second year.
Laboratory Activities. $352,000 the first year and
$366,000 the second year are appropriated from the Bureau of Criminal
Apprehension account in the special revenue fund for laboratory activities.
DWI Lab Analysis. Notwithstanding Minnesota
Statutes, section 161.20, subdivision 3, $367,000 the first year and $373,000
the second year are appropriated from the trunk highway fund for laboratory
analysis related to driving-while-impaired cases.
CriMNet Justice Information
Integration. $2,635,000 the first year and $2,760,000 the second
year are for statewide information integration policies. The base for this
appropriation in fiscal year 2010 shall be $2,032,000.
Policy Group; Report. The criminal and juvenile
justice information policy group shall study funding sources other than the
general fund for new CriMNet costs and present its ideas to the house of
representatives and senate committees having jurisdiction over criminal justice
policy and funding by January 15, 2008.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5143
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Forensic
Scientists. $509,000 the first year and $1,411,000 the second
year are for new forensic scientists in the Bureau of Criminal Apprehension
Forensic Science Laboratory. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
Crime Labs
and Crime Strike Task Forces; Working Group. The commissioner of public
safety shall convene a working group to study and prepare a report on the
appropriateness of additional regional forensic crime laboratories and regional
crime strike task forces. The commissioner must consult with the chairs of the
legislative committees with responsibility for public safety finance on the
membership of the working group. The Forensic Laboratory Advisory Board,
established under Minnesota Statutes, section 299C.156, and the Gang and Drug
Oversight Council, established under section 299A.641, must provide advice and
assistance to the commissioner and the working group as requested by the
commissioner. The working group must submit its report and recommendations to
the house of representatives and senate committees with responsibility for
public safety finance by February 1, 2008.
Subd. 4. Fire
Marshal 6,193,000 9,234,000
This appropriation is from
the fire safety account in the special revenue fund.
Of this amount, $3,330,000
the first year and $6,300,000 the second year are for activities under
Minnesota Statutes, section 299F.012.
Subd. 5. Alcohol
and Gambling Enforcement 1,792,000 1,838,000
Appropriations by Fund
General 1,642,000 1,685,000
Special Revenue 150,000 153,000
Subd. 6. Office
of Justice Programs 41,153,000 41,986,000
Crime
Victim Reparations. $250,000 each year is to increase the amount of
funding for crime victim reparations.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5144
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Emergency Assistance Grants. $100,000 each year is for
grants under Minnesota Statutes, section 611A.675. This is a onetime
appropriation.
Gang and Drug Task Force. $600,000 the first year and
$1,900,000 the second year are for grants to the Gang and Drug Task Force.
Victim Notification System. $455,000 each year is for
the continuation of the victim information and notification everyday (VINE)
service.
Supervised Parenting Grants. $200,000 each year are for
grants to organizations that provide supervised parenting time services to parents
and children in Minnesota. The commissioner shall establish grant evaluation
and award criteria for the program and ensure that grant recipients operate in
a manner consistent with standards and guidelines promulgated by the Supervised
Visitation Network. Any portion of the appropriation for the first year that is
not used in that year is available for grants in the second year. This is a
onetime appropriation.
Child Advocacy Center
Grants. $50,000 each year is for child advocacy center grants under section 18.
This is a onetime appropriation.
Squad Car Cameras. $500,000 each year is for
grants to enable local law enforcement agencies to make squad car camera
technology upgrades or acquisitions. Of this amount, $250,000 each year for the
first two years is for a grant to the city of Minneapolis.
To be eligible for an acquisition grant, law
enforcement agencies shall provide a 25 percent match. No match is required for
upgrade grants.
The base budget for these grants is $500,000 in
fiscal year 2010. The base budget for the grants is $0 for fiscal years 2011
and thereafter.
Crime Victim Support Grant. $100,000 each year is for a
grant to a nonprofit organization dedicated to providing immediate and
long-term emotional support and practical help for the families and friends of
individuals who have died by homicide, suicide, or accident. This is a onetime
appropriation.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5145
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Auto Theft
Emergency Grant. $75,000 each year is for grants under Minnesota
Statutes, section 611A.675, subdivision 1, clause (6). This is a onetime
appropriation.
Crime
Victims. $1,700,000 each year is to increase funding for victim services. Of
this amount, 59 percent is for battered women shelters, 17 percent is for
domestic violence programs, eight percent is for general crime victims, 11
percent is for sexual assault programs, and five percent is for abused children
programs. Of this amount, $737,000 each year is added to the base budget.
COPS
Grants. $1,000,000 each year is to hire new peace officers and for peace
officer overtime pay under Minnesota Statutes, section 299A.62, subdivision 1,
paragraph (b), clauses (1) and (2). The commissioner shall award the grants
based on the procedures set forth under section 299A.62. Of this amount, at
least $238,000 the first year and $217,000 the second year must be awarded to
two cities in Hennepin County that are not cities of the first class and have
the highest Part 1 and Part 2 crime rates per 100,000 inhabitants in the county
as calculated by the latest Bureau of Criminal Apprehension report. This is a
onetime appropriation.
Youth
Intervention Programs. $750,000 each year is for youth intervention
programs under Minnesota Statutes, section 299A.73. The commissioner shall use
this money to make grants to help existing programs serve unmet needs in their
communities and to fund new programs in underserved areas of the state. This is
a onetime appropriation.
Legal
Advocacy for Trafficking Victims. $150,000 each year is for a
grant for ten weekly international trafficking screening clinics that are
staffed by attorneys from a nonprofit organization that provides free legal,
medical, dental, mental health, shelter, and vocational counseling services and
English language classes to trafficking victims in the state. This is a onetime
appropriation and is available until June 30, 2009.
The grant applicant shall
prepare and submit to the commissioner a written grant proposal detailing the
screening clinic free services, including components of the services offered.
Homeless
Outreach. $150,000 each year is for homeless outreach grants under section 17.
This is a onetime appropriation.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5146
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Defibrillators. $50,000 each year is for
grants to local law enforcement agencies in counties other than metropolitan counties,
as defined in Minnesota Statutes, section 473.121, subdivision 4, to purchase
defibrillators. This is a onetime appropriation.
Integrated Domestic Violence
Response Framework; Report. $500,000 the first year is
for a grant to the city of St. Paul to implement an integrated domestic
violence response framework. The project must focus on the following items:
developing policies, procedures, and quality assurance for domestic violence
responses from 911 operators, law enforcement, prosecutors, probation, district
court, victim advocates, social service providers, and other identified
interveners; developing an information gathering and dissemination plan for
interveners; and developing training curricula for interveners. The project
must develop a statewide model for a domestic violence response framework that
may be used by local criminal justice agencies and advocacy programs throughout
the state. The city of St. Paul may contract with outside organizations to
assist with the duties to be performed under this project. These contracts,
regardless of the monetary limit or nature of the contract, shall be subject to
municipal bidding procedures or be awarded through the city's request for
proposal (RFP) process. This is a onetime appropriation and is available until
June 30, 2009.
By February 1, 2010, the city of St. Paul shall
report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice funding
and policy on the results of the project.
Children at Risk. $250,000 each year is for a
grant to an organization that provides services to children under the age of
ten who are involved or are at highest risk of becoming involved in the
juvenile justice system and who are at highest risk of future serious or
violent offending, substance abuse, school failure, teen pregnancy, or welfare dependency. This is a
onetime appropriation.
Administration Costs. Up to 2.5 percent of the
grant funds appropriated in this subdivision may be used to administer the
grant program.
Subd. 7. 911
Emergency Services/ARMER 55,681,000 50,385,000
This appropriation is from the state government
special revenue fund for 911 emergency telecommunications services.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5147
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Public
Safety Answering Points. $13,664,000 each year is to be
distributed as provided in Minnesota Statutes, section 403.113, subdivision 2.
Medical
Resource Communication Centers. $683,000 each year is for
grants to the Minnesota Emergency Medical Services Regulatory Board for the
Metro East and Metro West Medical Resource Communication Centers that were in
operation before January 1, 2000.
ARMER Debt
Service. $6,149,000 the first year and $11,853,000 the second year are to the
commissioner of finance to pay debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this
appropriation not needed to pay debt service in a fiscal year may be used by
the commissioner of public safety to pay cash for any of the capital improvements
for which bond proceeds were appropriated by Laws 2005, chapter 136, article 1,
section 9, subdivision 8; or in subdivision 8.
The base for this
appropriation is $17,557,000 in fiscal year 2010 and $23,261,000 in fiscal year
2011.
Metropolitan
Council Debt Service. $1,410,000 each year is to the commissioner of
finance for payment to the Metropolitan Council for debt service on bonds
issued under Minnesota Statutes, section 403.27.
ARMER
Improvements. $1,000,000 each year is for the Statewide Radio
Board for costs of design, construction, maintenance of, and improvements to
those elements of the statewide public safety radio and communication system
that support mutual aid communications and emergency medical services or
provide interim enhancement of public safety communication interoperability in
those areas of the state where the statewide public safety radio and
communication system is not yet implemented.
ARMER
Interoperability Planning. $323,000 each year is to
provide funding to coordinate and plan for communication interoperability
between public safety entities.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5148
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
ARMER State
Backbone Operating Costs. $3,110,000 each year is to
the commissioner of transportation for costs of maintaining and operating the
first and third phases of the statewide radio system backbone. The base for
this appropriation is $5,060,000 in fiscal year 2010 and $5,060,000 in fiscal
year 2011 to provide funding to operate one additional phase of the system.
Zone
Controller. $5,400,000 the first year is a onetime appropriation
to upgrade zone controllers and network elements in phases one and two of the statewide
radio system.
Advance
Project Development. $3,750,000 the first year is a onetime appropriation
for site acquisition and site development work for the remaining phases of the
statewide radio system. This appropriation is available until June 30, 2010.
This appropriation is to the commissioner of public safety for transfer to the
commissioner of transportation.
System
Design. $1,850,000 the first year is a onetime appropriation to complete detailed design and planning of the remaining
phases of the statewide radio system. The commissioner of public safety and the
commissioner of transportation shall determine the scope of the study,
after consulting with the Statewide Radio Board, the commissioner of
administration, and the state chief information officer. The study must address
the system design for the state backbone and implications for local coverage,
how data can be integrated, and whether other public safety communication
networks can be integrated with the state backbone. The study must estimate the
full cost of completing the state backbone to specified standards, the cost of
local subsystems, and the potential advantages of using a request for proposal
approach to solicit private sector participation in the project. The study must
include a financial analysis of whether the estimated revenue from increasing
the 911 fee by up to 30 cents will cover the estimated debt service of revenue
bonds issued to finance the cost of completing the statewide radio system and a
portion of the cost up to 50 percent for local subsystems. The study must also
review the project organizational structure and governance.
Subd. 8. ARMER
Public Safety 186,000,000
Radio and
Communication System. The appropriations in this subdivision are from the
911 revenue bond proceeds account for the purposes indicated, to be available
until the project is completed or abandoned, subject to Minnesota Statutes,
section 16A.642.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5149
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The appropriations are to
the commissioner of public safety for transfer to the commissioner of
transportation to construct the system backbone of the public safety radio and
communication system plan under Minnesota Statutes, section 403.36.
$62,000,000 of this
appropriation is for the second year. $62,000,000 of this appropriation is
available on or after July 1, 2009. $62,000,000 of this appropriation is
available on or after July 1, 2010.
The commissioner of public
safety and the commissioner of transportation shall certify to the chairs of
the house of representatives Public Safety Finance Division of the Finance
Committee and the senate Public Safety Budget Division of the Finance Committee
that the detailed design has been completed and that the financial analysis
finds that sufficient revenue will be generated by proposed changes in the 911
fee to cover all estimated debt service on revenue bonds proposed to be issued
to complete the system before the appropriation is made available. The
commissioner of finance shall not approve any fee increase under Minnesota
Statutes, section 403.11, subdivision 1, paragraph (c), until this
certification is made.
Bond Sale
Authorization. To provide the money appropriated in this
subdivision, the commissioner of finance shall sell and issue bonds of the
state in an amount up to $186,000,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, section 403.275.
Sec. 11. PEACE OFFICER STANDARDS AND
TRAINING (POST) BOARD $4,296,000 $4,278,000
Excess
Amounts Transferred. This appropriation is from the peace officer
training account in the special revenue fund. Any new receipts credited to that
account in the first year in excess of $4,296,000 must be transferred and
credited to the general fund. Any new receipts credited to that account in the
second year in excess of $4,278,000 must be transferred and credited to the
general fund.
Peace
Officer Training Reimbursements. $3,159,000 the first year
and $3,159,000 the second year are for reimbursements to local governments for
peace officer training costs.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5150
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
No Contact
Orders. The board shall: (1) revise and update preservice courses and develop
in-service training courses related to no contact orders in domestic violence
cases and domestic violence dynamics; and (2) reimburse peace officers who have
taken training courses described in clause (1). At a minimum, the training must
include instruction in the laws relating to no contact orders and address how
to best coordinate law enforcement resources relating to no contact orders. In
addition, the training must include a component to instruct peace officers on
doing risk assessments of the escalating factors of lethality in domestic
violence cases. The board must consult with a statewide domestic violence
organization in developing training courses. The board shall utilize a request
for proposal process in awarding training contracts. The recipient of the
training contract must conduct these trainings with advocates or instructors
from a statewide domestic violence organization.
Beginning on January 1,
2008, the board may not approve an in-service training course relating to
domestic abuse that does not comply with this section.
Sec. 12. BOARD OF
PRIVATE DETECTIVES
AND
PROTECTIVE AGENT SERVICES $129,000 $132,000
Sec. 13. HUMAN RIGHTS
$4,986,000 $3,733,000
Management
Information System. $1,403,000 the first year and $55,000 the second
year are for the replacement of the department's tracking and compliance
databases with a management information system.
Evaluation. The department shall conduct
a survey that evaluates the outcome of complaints filed with the department and
whether or not a charging party is satisfied with the outcome of a complaint
and the process by which the complaint is reviewed and handled by the
department. The department shall evaluate complaints for which a probable cause
or no probable cause determination is made. The survey must seek to determine
the reasons for any dissatisfaction and whether a party sought an appeal or
reconsideration of a determination or decision. The survey shall evaluate
complaints filed or resolved in the past two years. By January 15, 2008, the
department shall summarize the survey findings and file a report with the
chairs and ranking minority members of the house of representatives and senate
committees having jurisdiction over criminal justice policy and funding that
discusses the findings and any recommended changes in policies, procedures, or
staffing the department proposes to undertake in response to the findings.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5151
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Inmate Complaints,
Assaults, and Fatalities; Corrections Ombudsman; Working Group; Report. By August 1, 2007, the
commissioner of human rights shall convene a working group to study how the
state addresses inmate complaints, assaults, and deaths in county jails, workhouses,
and prisons. The commissioner shall serve as chair of the working group and
invite representatives from the Department of Corrections, legislature,
Minnesota Sheriffs' Association, Minnesota Association of Community Corrections
Act counties, state bar association, criminal victims justice unit, Council on
Black Minnesotans, Indian Affairs Council, Council on Asian-Pacific
Minnesotans, Chicano/Latino Affairs Council, University of Minnesota Law
School, Immigrant Law Center of Minnesota, the ombudsman for mental health and
developmental disabilities, and other interested parties to participate in the
working group. The group must: (1) assess how state and local units of
government currently process and respond to inmate complaints, assaults, and deaths;
(2) assess the effectiveness of the state's former corrections ombudsman
program; (3) study other states' corrections ombudsmen; (4) study whether the
state should conduct a fatality review process for inmates who die while in
custody; and (5) make recommendations on how state and local units of
government should systematically address inmate complaints, assaults, and
deaths, including the need to reappoint a corrections ombudsman. The
commissioner of corrections shall provide to the working group summary data on
assaults and deaths that have occurred in state and local correctional
facilities. The commissioner of human rights shall file a report detailing the
group's findings and recommendations with the chairs and ranking minority
members of the house of representatives and senate committees having
jurisdiction over criminal justice policy and funding by January 15, 2008.
Attorney
General; Continuation of Services. The attorney general shall
continue to provide conciliation services and conduct settlement conferences
for the department in situations where the commissioner has determined that
there is probable cause to believe that a person has engaged in an unfair
discriminatory practice.
Sec. 14. DEPARTMENT
OF CORRECTIONS
Subdivision 1. Total
Appropriation $460,829,000 $475,954,000
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5152
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Appropriations by Fund
2008 2009
General 459,939,000 475,064,000
Special Revenue 890,000 890,000
The amounts that may be spent for each purpose are
specified in the following subdivisions.
Subd. 2. Correctional
Institutions 323,492,000 336,631,000
Appropriations by Fund
General 322,912,000 336,051,000
Special Revenue 580,000 580,000
Contracts for Beds at Rush
City. If the commissioner contracts with other states, local units of
government, or the federal government to rent beds in the Rush City
Correctional Facility, the commissioner shall charge a per diem under the
contract, to the extent possible, that is equal to or greater than the per diem
cost of housing Minnesota inmates in the facility.
Notwithstanding any law to the contrary, the
commissioner may use per diems collected under contracts for beds at MCF-Rush
City to operate the state correctional system.
Offender Re-Entry Services. $400,000 each year is for
increased funding for expansion of offender re-entry services in the
institutions and staffing for the Department of Corrections MCORP program.
Subd. 3. Community
Services 119,821,000 121,396,000
Appropriations by Fund
General 119,721,000 121,296,000
Special Revenue 100,000 100,000
ISR Agents, Challenge
Incarceration Program. $600,000 the first year and $1,000,000 the second
year are for intensive supervised release agents for the challenge
incarceration program.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5153
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
ISR Agents,
Conditional Release Program. $300,000 each year is for
intensive supervised release agents for the conditional release program. This
is a onetime appropriation.
Interstate
Compact. $225,000 each year is for increased costs based on changes made to the
Interstate Compact for Adult Offender Supervision, Minnesota Statutes, section
243.1605.
Sex
Offenders, Civil Commitment and Tracking. $350,000 each year is to
fund a legal representative for civil commitments and to manage and track sex
offenders.
Probation
Supervision, CCA System. $2,800,000 each year is
added to the Community Corrections Act subsidy, Minnesota Statutes, section
401.14.
Probation
Supervision, CPO System. $600,000 each year is added
to the county probation officers reimbursement base.
Probation
Supervision, DOC System. $600,000 each year is for
the Department of Corrections probation and supervised release unit.
Probation,
Caseload Reduction. $2,000,000 each year is for adult and juvenile felon
offender management to be distributed statewide by the Community Corrections
Act formula. These appropriations may be used for sex offender management.
Sex
Offender Treatment. $500,000 each year are to increase funding for
providing treatment for sex offenders on community supervision.
Sentencing
to Service. $600,000 each year is to increase funding for
sentencing to service activities such as highway litter cleanup.
Short-Term
Offenders. $2,500,000 each year is to increase funding for the costs associated with
the housing and care of short-term offenders. The commissioner may use up to 20
percent of the total amount of the appropriation for inpatient medical care for
short-term offenders. All funds remaining at the end of the fiscal year not
expended for inpatient medical care must be added to and distributed with the
housing funds. These funds must be distributed proportionately based on the
total number of days short-term offenders are placed locally, not to exceed $70
per day.
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APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The department is exempt
from the state contracting process for the purposes of paying short-term
offender costs relating to Minnesota Statutes, section 609.105.
Offender
Re-Entry Service. $550,000 each year is for offender job-seeking
services, evidence-based research, expansion of re-entry services specific to
juveniles, and funding to local units of government participating in MCORP to provide
re-entry programming to offenders.
Offender
Re-Entry Grant. $600,000 the first year and $1,000,000 the second
year are for grants to the nonprofit organization selected to administer the
demonstration project for high-risk adults under section 19. This is a onetime
appropriation.
Employment
Services for Ex-Offenders. $200,000 each year is for
grants to a nonprofit organization to establish a pilot project to provide
employment services to ex-criminal offenders living in the North Minneapolis
community as provided for in section 21. This is a onetime appropriation.
Domestic
Abuse Re-Entry Grants. $200,000 each year is for the grant authorized in
section 20. This is a onetime appropriation.
Re-Entry;
Productive Day. $150,000 each year is appropriated from the general
fund to the commissioner of corrections for the fiscal biennium ending June 30,
2009. The commissioner shall distribute the money as a grant to the Arrowhead
Regional Corrections Agency to expand the agency's productive day initiative
program, as defined in Minnesota Statutes, section 241.275, to include juvenile
offenders who are 16 years of age and older. This is a onetime appropriation.
Mentoring
Grants. $375,000 each year is for mentoring grants under Minnesota Statutes,
section 241.90. The grant recipient may collaborate with local parks and
recreation departments and may reimburse the departments for the use of their
facilities by the grant recipient. This is a onetime appropriation.
Short-Term
Offender Study; Report. The commissioner shall study the use and
effectiveness of the short-term offender program and identify gaps in the
current system relating to programming and re-entry services for short-term
offenders. On or before November 1, 2007, the commissioner shall submit a
report detailing the commissioner's findings and recommendations to the house
of representatives and senate committees with jurisdiction over public safety
policy and funding.
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APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 4. Operations
Support 17,516,000 17,927,000
Appropriations by Fund
General 17,306,000 17,717,000
Special Revenue 210,000 210,000
Sec. 15. SENTENCING
GUIDELINES $704,000 $609,000
Effectiveness
of Re-Entry Programs and Drug Courts; Study. The Sentencing Guidelines
Commission, in consultation with the commissioner of corrections and the state
court administrator, shall study: (1) the effectiveness of the offender
re-entry funding and programs authorized in this act; and (2) the effectiveness
of the state's drug courts. The report must assess the impact this act's
re-entry grants and programs and the state's drug court funding had on the
recidivism rate of offenders who participated in programs that received
re-entry grants or drug courts, attempt to calculate related savings, if any,
in incarceration costs, and develop a formula by which to measure the impact in
incarceration costs. The executive director of the commission shall file an
interim report by January 15, 2008, and a final report by January 15, 2009,
with the chairs and minority members of the house of representatives and senate
committees with jurisdiction over public safety policy and funding.
Collateral
Sanctions Committee. $100,000 the first year is for the Collateral
Sanctions Committee described in article 7, section 23. This money must be used
for staffing, conducting research, conducting public hearings, reimbursing
committee members for reasonable expenses, and for the required report.
Changes to
Grid for Controlled Substance Offenses. The commission shall propose
changed rankings for controlled substance offenses on the sentencing guidelines
grid. The proposal must encompass the following factors:
(1) the proportionality of
Minnesota's drug sentencing provisions when compared to sentencing provisions
for other crimes in Minnesota;
(2) the proportionality of
Minnesota's drug sentencing provisions when compared to drug sentencing
provisions throughout the United States, including the Federal system;
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Day - Friday, May 4, 2007 - Top of Page 5156
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(3) the average and the
range of criminal history scores for each level of drug offender currently
incarcerated in Minnesota's prisons;
(4) the criminal history of
offenders who would be impacted by the commission's recommendations;
(5) the type and quantity of
Minnesota correctional resources that are dedicated to all drug offenders; and
(6) the projected annual
cost to the Department of Corrections of incarcerating all drug offenders in
state prisons over the next ten years, under present grid rankings and under
the proposed grid rankings.
The commission's proposal
shall not take effect, except as provided in Minnesota Statutes, section
244.09, subdivision 11.
Sec. 16. [241.90] MENTORING GRANT FOR CHILDREN OF
INCARCERATED PARENTS.
Subdivision 1. Mentoring grant. The commissioner of corrections shall
award a grant to nonprofit organizations that provide one-to-one mentoring
relationships to youth enrolled between the ages of seven to 13 whose parent or
other significant family member is incarcerated in a county workhouse, county
jail, state prison, or other type of correctional facility or is subject to
correctional supervision. The intent of the grant is to provide children with
adult mentors to strengthen developmental outcomes, including enhanced
self-confidence and esteem; improved academic performance; and improved
relationships with peers, family, and other adults that may prevent them from
entering the juvenile justice system.
Subd. 2. Grant criteria. As a condition of receiving grants, the
grant recipients shall do the following:
(1) collaborate with other
organizations that have a demonstrated history of providing services to youth
and families in disadvantaged situations;
(2) implement procedures to
ensure that 100 percent of the mentors pose no safety risk to the child and
have the skills to participate in a mentoring relationship;
(3) provide enhanced
training to mentors focusing on asset building and family dynamics when a
parent is incarcerated; and
(4) provide an individual
family plan and aftercare.
Subd. 3. Program evaluation. Grant recipients shall submit an
evaluation plan to the commissioner delineating the program and student outcome
goals and activities implemented to achieve the stated outcomes. The goals must
be clearly stated and measurable. Grant recipients shall collect, analyze, and
report on participation and outcome data that enable the department to verify
that the program goals were met.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 17. HOMELESS OUTREACH GRANTS.
Subdivision 1. Grant program. The commissioner of public safety shall
establish a grant program to connect people experiencing homelessness to
housing and services for purposes of reducing recidivism and promoting stronger
communities.
Subd. 2. Grant recipients. The commissioner, in consultation with
the director of ending long-term homelessness, the Ending Long-Term
Homelessness Advisory Council, and the Office of Economic Opportunity of the
Department of Human Services, shall award grants to agencies experienced in
homeless outreach services and provide needed staff qualified to work with
people with serious mental illness or chemical dependency, and employ outreach
staff who are trained and qualified to work with racially and culturally
diverse populations.
Subd. 3. Project design. Projects eligible for grants under this
section must do the following:
(1) provide outreach
services that may be targeted to, but are not limited to, people experiencing
long-term homelessness and homeless people who have had repeated interactions
with law enforcement;
(2) provide outreach services
that will provide intervention strategies linking people to housing and
services as an alternative to arrest;
(3) provide a plan to
connect people experiencing homelessness to services for which they may be
eligible, such as Supplemental Security Income, veterans benefits, health care,
housing assistance, and long-term support programs for those with significant
barriers to living on their own;
(4) demonstrate partnership
or collaboration with local law enforcement, which may include joint application
for homeless outreach grants, joint sharing in administration of the grant,
development of protocol defining when outreach workers are called upon, and
shared training opportunities;
(5) promote community
collaboration with local and county governments, social services providers,
mental health crisis providers, and other community organizations that address
homelessness;
(6) provide a plan to
leverage resources from the entities listed in clause (5) and other private
sources to accomplish the goal of moving people into housing and services; and
(7) provide a plan to
measure and evaluate the program's effectiveness in connecting people
experiencing homelessness to housing and services and reducing the use of
public safety and corrections resources.
Subd. 4. Annual report. Grant recipients shall report to the
commissioner by June 30 of each year on the services and programs provided,
expenditures of grant money, and an evaluation of the program's success in
connecting individuals experiencing homelessness to housing and services, and
reducing the use of public safety and corrections resources. The commissioner
shall independently evaluate the effectiveness of the grant recipients in
achieving the goals of the program and report the results of this evaluation
and other information on the grant program to the chairs and ranking minority
members of the senate and house of representatives divisions having
jurisdiction over criminal justice funding by January 15, 2010.
EFFECTIVE DATE. This section is effective
July 1, 2007.
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Sec. 18. CHILD ADVOCACY CENTER GRANTS.
Subdivision 1. Purpose. Grants under this section are provided to
stabilize funding and ensure the continued viability of core functions relating
to child maltreatment investigations, interviews, treatment, and related
training. The grants ensure that child victims of abuse have access to safe,
secure facilities and that law enforcement has access to the tools necessary
for the successful apprehension and conviction of child predators. The grants
ensure that important government duties relating to the protection of children
are not ignored and subjected to unstable, irregular funding sources. The
grants provide funding for state mandates relating to child maltreatment
reporting and assessment.
Subd. 2. Criteria. (a) Grants must be made only to child advocacy
centers that are accredited members in good standing with the National Children's
Alliance or are actively pursuing that status.
(b) Grant awards may be used
for:
(1) child interview or
investigation programs and facilities;
(2) coordination of or
referral for support services; or
(3) related statewide
training programs.
(c) To be eligible for a
grant, a child advocacy center must facilitate the provision of the following
core services:
(1) support and services for
alleged child abuse victims and their families;
(2) coordination of investigations
of child abuse by providing a location for forensic interviews;
(3) promoting the
coordination of services for children alleged to have been abused;
(4) forensic medical
examinations;
(5) mental health and
related support services;
(6) court advocacy; and
(7) consultation and
training of multidisciplinary child protection teams.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 19. DEMONSTRATION PROJECT FOR HIGH-RISK
ADULTS.
Subdivision 1. Definition. For purposes of this section, "high-risk
adult" means an adult with a history of some combination of substance
abuse, mental illness, chronic unemployment, incarceration, or homelessness.
High-risk adults are considered to be very likely to enter or re-enter state or
county correctional programs or chemical or mental health programs.
Subd. 2. Establishment. (a) The commissioner of corrections shall
contract with one nonprofit entity to conduct this demonstration project and
document the effectiveness of this model. Initially, the demonstration will
operate in the Twin Cities metropolitan area.
(b) At a minimum, the
contractor shall meet the following criteria:
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(1) be an incorporated,
nonprofit organization that is capable of managing and operating a
multidisciplinary model for providing high-risk adults with housing, short-term
work, health care, behavioral health care, and community re-engagement;
(2) demonstrate an ability
to organize and manage an alliance of nonprofit organizations providing
services to high-risk adults;
(3) have organizational
leaders with a demonstrated ability to organize, manage, and lead service teams
consisting of workers from multiple service providers that deliver direct
support to high-risk adults;
(4) have experience with
providing a comprehensive set of housing, work, health care, behavioral health
care, and community re-engagement services to high-risk adults; and
(5) be a recipient of
foundation and other private funds for the refinement and testing of a
demonstration of this type.
Subd. 3. Scope of the demonstration project. The contractor
undertaking this demonstration project shall do the following, as part of this
project:
(1) enroll eligible high-risk
adults over the demonstration project period, starting December 1, 2007;
(2) using best practices
derived from research and testing, provide or assist in arranging access to
services for high-risk adults enrolled in the demonstration project, including,
at a minimum, housing, behavioral health services, health care, employment, and
community and family re-engagement;
(3) maximize the performance
of existing services and programs by coordinating access to and the delivery of
these services; and
(4) define conditions under
which enrollees are considered to be in good standing and allowed to remain in
the demonstration project.
The conditions under clause
(4) may include, but are not limited to, the following:
(i) living in stable and
safe housing;
(ii) working and earning an
income;
(iii) paying child support,
if appropriate;
(iv) participating in
treatment programs, if appropriate; and
(v) having no arrests.
Subd. 4. Eligibility. The following types of individuals are
eligible for enrollment in this demonstration project:
(1) high-risk adults;
(2) high-risk adults in the
process of being released from state correctional facilities, county detention
facilities, community-based treatment or detoxification facilities, community
corrections halfway houses, or other similar programs, or on probation; and
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(3) high-risk adults willing
to accept the requirements imposed on enrollees in the demonstration project,
including, but not limited to, maintaining steady employment; paying child
support, if applicable; remaining drug-free and alcohol-free, if applicable;
and no criminal activity.
Subd. 5. Payment. To the extent funds are appropriated for the
purposes of this section, the commissioner of corrections shall pay to the
entity under contract a monthly fee of $1,600 for each enrollee who (1) had
been in the custody of the commissioner of corrections within the preceding
year, and (2) is in good standing in the demonstration project.
Subd. 6. Report. (a) By January 15 of each year, the entity under
contract shall submit a report to the commissioners of corrections, human services,
employment and economic development, and housing finance, and the legislature.
The report must include the following:
(1) the number of
participants who have been enrolled and the number currently participating in
the demonstration project;
(2) a description of the
services provided to enrollees over the past year and over the duration of the
demonstration project to date;
(3) an accounting of the
costs associated with the enrollees over the past year and over the duration of
the demonstration project to date; and
(4) any other information
requested by the commissioners of corrections, human services, employment and
economic development, and housing finance, and the legislature.
(b) The report must include
recommendations on improving and expanding the project to other geographical
areas of the state.
(c) The report must include
an update on the status of the independent evaluation required in subdivision
7.
Subd. 7. Independent evaluation. An independent evaluator selected
by the commissioner of corrections shall conduct an evaluation of the project.
The independent evaluator shall complete and submit a report of findings and
recommendations to the commissioners of corrections, human services, employment
and economic development, and housing finance, and the legislature. This
independent evaluation must be developed and implemented concurrently with the
demonstration project, beginning on December 1, 2007. The final report is due
upon completion of the demonstration project and must be submitted to the
above-named entities.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 20. RE-ENTRY GRANT ADDRESSING DOMESTIC
VIOLENCE AND INTIMATE PARTNER VIOLENCE.
Subdivision 1. Re-entry grant. The commissioner of corrections shall
award a grant to a nonprofit having a section 501(c)(3) status with the
Internal Revenue Service or a public or private institution of higher education
that has expertise in addressing the intersection between offender re-entry and
domestic violence. The intent of the grant is to provide services to
re-entering offenders and their intimate partners to: (1) reduce the incidence
of domestic violence among offenders re-entering the community; (2) reduce
occurrences of domestic violence, serious injury, and death experienced by
intimate partners who are in relationships with offenders recently released
from jail or prison; and (3) reduce criminal recidivism due to domestic
violence.
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Subd. 2. Grant criteria. As a condition of receiving the grant,
the grant recipient must:
(1) subcontract with at
least one community-based domestic abuse counseling or educational program and
at least one crime victim service provider to provide comprehensive services to
recently released offenders and their intimate partners;
(2) train the organizations
selected pursuant to clause (1) on research-based practices and best practices
in addressing the intersection of offender re-entry and domestic violence; and
(3) serve as liaison to the
Department of Corrections and provide technical assistance, training, and
coordination to the organizations selected pursuant to clause (1) in
implementing policies that address the intersection of offender re-entry and
domestic violence.
Subd. 3. Program evaluation. The grant recipient must rigorously
evaluate the effectiveness of its intervention and work with subcontracted
organizations to collect data. The grant recipient must submit an evaluation
plan to the commissioner of corrections delineating project goals and specific
activities performed to achieve those goals.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 21. EMPLOYMENT SERVICES FOR EX-CRIMINAL
OFFENDERS; PILOT PROJECT.
(a) The commissioner of
corrections shall issue a grant to a nonprofit organization to establish a
pilot project to provide employment services to ex-criminal offenders living in
the North Minneapolis community. The pilot project must provide the ex-offender
participants with a continuum of employment services that identifies their
needs; intervenes with them through case management if they are struggling; and
provides them with work readiness, skill training, chemical and mental health
referrals, housing support, job placement, work experience, and job retention
support. The pilot project shall work with community corrections officials,
faith-based organizations, and businesses to create an array of support
opportunities for the participants.
(b) By January 15, 2010, the
commissioner of corrections shall report to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
having jurisdiction over criminal justice policy and funding on the activities
conducted by the grant recipient and the effectiveness of the pilot project.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 2
GENERAL CRIME
Section 1. Minnesota
Statutes 2006, section 518B.01, subdivision 22, is amended to read:
Subd. 22. Domestic abuse no contact order. (a) A
domestic abuse no contact order is an order issued by a court against a
defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking
charged under section 609.749 and committed against a family or household
member;
(3) violation of an order
for protection charged under subdivision 14; or
(4) violation of a prior
domestic abuse no contact order charged under this subdivision.
It includes pretrial orders
before final disposition of the case and probationary orders after sentencing.
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(b) A person who knows of
the existence of a domestic abuse no contact order issued against the person
and violates the order is guilty of a misdemeanor.
(c) A person is guilty of a
gross misdemeanor who knowingly violates this subdivision within ten years of a
previous qualified domestic violence-related offense conviction or adjudication
of delinquency. Upon a gross misdemeanor conviction under this paragraph,
the defendant must be sentenced to a minimum of ten days' imprisonment and must
be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135,
the court must impose and execute the minimum sentence provided in this
paragraph for gross misdemeanor convictions.
(d) A person is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both, if the person knowingly violates
this subdivision: (1) within ten years of the first of two or more previous
qualified domestic violence-related offense convictions or adjudications of
delinquency; or (2) while possessing a dangerous weapon, as defined in section
609.02, subdivision 6. Upon a felony conviction under this paragraph in which
the court stays imposition or execution of sentence, the court shall impose at
least a 30-day period of incarceration as a condition of probation. The court
also shall order that the defendant participate in counseling or other
appropriate programs selected by the court. Notwithstanding section 609.135,
the court must impose and execute the minimum sentence provided in this
paragraph for felony convictions.
(d) (e) A peace officer shall
arrest without a warrant and take into custody a person whom the peace officer
has probable cause to believe has violated a domestic abuse no contact order,
even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer.
The person shall be held in custody for at least 36 hours, excluding the day of
arrest, Sundays, and holidays, unless the person is released earlier by a judge
or judicial officer. A peace officer acting in good faith and exercising due
care in making an arrest pursuant to this paragraph is immune from civil
liability that might result from the officer's actions.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 2. Minnesota Statutes
2006, section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related
offense. "Qualified domestic violence-related offense" includes a
violation of or an attempt to violate the following offenses:
sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact
order); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation);
609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal
sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a
child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of
harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other
states, the United States, the District of Columbia, tribal lands, and United
States territories.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 3. Minnesota Statutes
2006, section 609.341, subdivision 11, is amended to read:
Subd. 11. Sexual contact. (a) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (a)
to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (m)
(o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed
with sexual or aggressive intent:
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(i) the intentional touching
by the actor of the complainant's intimate parts, or
(ii) the touching by the
complainant of the actor's, the complainant's, or another's intimate parts
effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or
(iii) the touching by
another of the complainant's intimate parts effected by coercion or by a person
in a position of authority, or
(iv) in any of the cases above,
the touching of the clothing covering the immediate area of the intimate parts.
(b) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the
following acts committed with sexual or aggressive intent:
(i) the intentional touching
by the actor of the complainant's intimate parts;
(ii) the touching by the
complainant of the actor's, the complainant's, or another's intimate parts;
(iii) the touching by
another of the complainant's intimate parts; or
(iv) in any of the cases
listed above, touching of the clothing covering the immediate area of the
intimate parts.
(c) "Sexual contact
with a person under 13" means the intentional touching of the complainant's
bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals
or anal opening of the actor's or another's bare genitals or anal opening with
sexual or aggressive intent.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 4. Minnesota Statutes
2006, section 609.344, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in
sexual penetration with another person is guilty of criminal sexual conduct in
the third degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the complainant's age nor consent to the act
by the complainant shall be a defense;
(b) the complainant is at
least 13 but less than 16 years of age and the actor is more than 24 months
older than the complainant. In any such case if the actor is no more than
120 months older than the complainant, it shall be an affirmative defense,
which must be proved by a preponderance of the evidence, that the actor
reasonably believes the complainant to be 16 years of age or older. In
all other cases, mistake as to the complainant's age shall not be a defense. If
the actor in such a case is no more than 48 months but more than 24 months
older than the complainant, the actor may be sentenced to imprisonment for not
more than five years. Consent by the complainant is not a defense;
(c) the actor uses force or
coercion to accomplish the penetration;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
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(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;
(l) the actor is or purports
to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual penetration
occurred during the course of a meeting in which the complainant sought or
received religious or spiritual advice, aid, or comfort from the actor in
private; or
(ii) the sexual penetration
occurred during a period of time in which the complainant was meeting on an
ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an
employee, independent contractor, or volunteer of a state, county, city, or
privately operated adult or juvenile correctional system, including, but not
limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the
correctional system. Consent by the complainant is not a defense; or
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(n) the actor provides or is
an agent of an entity that provides special transportation service, the
complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the
complainant. Consent by the complainant is not a defense.; or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual penetration occurred during or immediately
before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 5. Minnesota Statutes
2006, section 609.345, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
fourth degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the complainant's age or consent to the act
by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at
least 13 but less than 16 years of age and the actor is more than 48 months
older than the complainant or in a position of authority over the complainant. Consent
by the complainant to the act is not a defense. In any such case, if the
actor is no more than 120 months older than the complainant, it shall be an
affirmative defense which must be proved by a preponderance of the evidence
that the actor reasonably believes the complainant to be 16 years of age
or older. In all other cases, mistake as to the complainant's age shall not
be a defense;
(c) the actor uses force or
coercion to accomplish the sexual contact;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(e) the complainant is at
least 16 but less than 18 years of age and the actor is more than 48 months
older than the complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a
significant relationship to the complainant and the complainant was at least 16
but under 18 years of age at the time of the sexual contact. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(g) the actor has a
significant relationship to the complainant, the complainant was at least 16
but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an
accomplice used force or coercion to accomplish the contact;
(ii) the complainant
suffered personal injury; or
(iii) the sexual abuse
involved multiple acts committed over an extended period of time.
Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
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(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;
(l) the actor is or purports
to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual contact
occurred during the course of a meeting in which the complainant sought or
received religious or spiritual advice, aid, or comfort from the actor in
private; or
(ii) the sexual contact
occurred during a period of time in which the complainant was meeting on an
ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an
employee, independent contractor, or volunteer of a state, county, city, or
privately operated adult or juvenile correctional system, including, but not
limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the
correctional system. Consent by the complainant is not a defense; or
(n) the actor provides or is
an agent of an entity that provides special transportation service, the
complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately
before or after the actor transported the complainant. Consent by the
complainant is not a defense.; or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 6. Minnesota Statutes
2006, section 609.3455, is amended by adding a subdivision to read:
Subd. 9. Applicability. The provisions of this section do not
affect the applicability of Minnesota Statutes 2004, section 609.108, to crimes
committed before August 1, 2005, or the validity of sentences imposed under
Minnesota Statutes 2004, section 609.108.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 7. Minnesota Statutes
2006, section 609.352, is amended to read:
609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT;
COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO CHILDREN.
Subdivision 1. Definitions. As used in this section:
(a) "child" means
a person 15 years of age or younger;
(b) "sexual
conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as
defined in section 617.246; and
(c) "solicit"
means commanding, entreating, or attempting to persuade a specific person in
person, by telephone, by letter, or by computerized or other electronic means.
Subd. 2. Prohibited act. A person 18 years of
age or older who solicits a child or someone the person reasonably believes is
a child to engage in sexual conduct with intent to engage in sexual conduct is
guilty of a felony and may be sentenced to imprisonment for not more than
three years, or to payment of a fine of not more than $5,000, or both as
provided in subdivision 4.
Subd. 2a. Internet or computer solicitation of children. A person
18 years of age or older who uses the Internet or a computer, computer program,
computer network, or computer system to commit any of the following acts, with
the intent to arouse the sexual desire of any person, is guilty of a felony and
may be sentenced as provided in subdivision 4:
(1) soliciting a child or
someone the person reasonably believes is a child to engage in sexual conduct;
(2) engaging in
communication relating to or describing sexual conduct with a child or someone the
person reasonably believes is a child; or
(3) distributing any
material, language, or communication, including a photographic or video image,
that relates to or describes sexual conduct to a child or someone the person
reasonably believes is a child.
Subd. 2b. Jurisdiction. A person may be convicted of an offense
under subdivision 2a if the transmission that constitutes the offense either
originates within this state or is received within this state.
Subd. 3. Defenses. (a) Mistake as to age is
not a defense to a prosecution under this section.
(b) The fact that an
undercover operative or law enforcement officer was involved in the detection
or investigation of an offense under this section does not constitute a defense
to a prosecution under this section.
Subd. 4. Penalty. A person convicted under subdivision 2 or 2a is
guilty of a felony and may be sentenced to imprisonment for not more than three
years, or to payment of a fine of not more than $5,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 8. Minnesota Statutes
2006, section 609.52, subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be
sentenced as follows:
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(1) to imprisonment for not
more than 20 years or to payment of a fine of not more than $100,000, or both,
if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2,
clause (3), (4), (15), or (16); or
(2) to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both,
if the value of the property or services stolen exceeds $2,500 $5,000,
or if the property stolen was an article representing a trade secret, an
explosive or incendiary device, or a controlled substance listed in schedule I
or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both,
if any of the following circumstances exist:
(a) the value of the
property or services stolen is more than $500 $1,000 but not more
than $2,500 $5,000; or
(b) the property stolen was
a controlled substance listed in schedule III, IV, or V pursuant to section
152.02; or
(c) the value of the
property or services stolen is more than $250 $500 but not more
than $500 $1,000 and the person has been convicted within the
preceding five years for an offense under this section, section 256.98;
268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625;
609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense,
or a sentence that was stayed under section 609.135 if the offense to which a
plea was entered would allow imposition of a felony or gross misdemeanor
sentence; or
(d) the value of the
property or services stolen is not more than $500 $1,000, and any
of the following circumstances exist:
(i) the property is taken
from the person of another or from a corpse, or grave or coffin containing a
corpse; or
(ii) the property is a
record of a court or officer, or a writing, instrument or record kept, filed or
deposited according to law with or in the keeping of any public officer or
office; or
(iii) the property is taken
from a burning, abandoned, or vacant building or upon its removal therefrom, or
from an area of destruction caused by civil disaster, riot, bombing, or the
proximity of battle; or
(iv) the property consists
of public funds belonging to the state or to any political subdivision or
agency thereof; or
(v) the property stolen is a
motor vehicle; or
(4) to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both, if
the value of the property or services stolen is more than $250 $500
but not more than $500 $1,000; or
(5) in all other cases where
the value of the property or services stolen is $250 $500 or
less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both, provided, however, in any prosecution under
subdivision 2, clauses (1), (2), (3), (4), and (13), the value of the money or
property or services received by the defendant in violation of any one or more
of the above provisions within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this subdivision; provided
that when two or more offenses are committed by the same person in two or more
counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 9. Minnesota Statutes
2006, section 609.52, is amended by adding a subdivision to read:
Subd. 3a. Enhanced penalty. If a violation of this section creates
a reasonably foreseeable risk of bodily harm to another, the penalties described
in subdivision 3 are enhanced as follows:
(1) if the penalty is a
misdemeanor or a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine
of not more than $5,000, or both; and
(2) if the penalty is a
felony, the statutory maximum sentence for the offense is 50 percent longer
than for the underlying crime.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota Statutes
2006, section 609.526, is amended to read:
609.526 PRECIOUS METAL AND SCRAP METAL DEALERS; RECEIVING STOLEN
PROPERTY.
Subdivision 1. Definitions. As used in this section, the following terms
have the meanings given:
(1) "precious metal
dealer" has the meaning given in section 325F.731, subdivision 2; and
(2) "scrap metal
dealer" has the meaning given in section 325E.21, subdivision 1.
Subd. 2. Crime described. Any precious metal dealer as defined in
section 325F.731, subdivision 2, or scrap metal dealer or any person
employed by a precious metal dealer as defined in section 325F.731,
subdivision 2, who receives, possesses, transfers, buys, or conceals any
stolen property or property obtained by robbery, knowing or having reason to
know the property was stolen or obtained by robbery, may be sentenced as
follows:
(1) if the value of the
property received, bought, or concealed is $1,000 or more, to imprisonment for
not more than ten years or to payment of a fine of not more than $50,000, or
both;
(2) if the value of the
property received, bought, or concealed is less than $1,000 but more than $300
$500, to imprisonment for not more than five three years or
to payment of a fine of not more than $40,000 $25,000, or both;
(3) if the value of the
property received, bought, or concealed is $300 $500 or less, to
imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both.
Any person convicted of
violating this section a second or subsequent time within a period of one year
may be sentenced as provided in clause (1).
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 11. Minnesota Statutes 2006,
section 609.581, is amended by adding a subdivision to read:
Subd. 5. Government building. "Government building"
means a building that is owned, leased, controlled, or operated by a
governmental entity for a governmental purpose.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 12. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 6. Religious establishment. "Religious
establishment" means a building used for worship services by a religious
organization and clearly identified as such by a posted sign or other means.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 13. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 7. School building. "School building" means a
public or private preschool, elementary school, middle school, secondary
school, or postsecondary school building.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 14. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 8. Historic property. "Historic property" means
any property identified as a historic site or historic place by sections
138.661 to 138.664 and clearly identified as such by a posted sign or other
means.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 15. Minnesota Statutes
2006, section 609.582, subdivision 2, is amended to read:
Subd. 2. Burglary in the second degree. (a) Whoever
enters a building without consent and with intent to commit a crime, or enters
a building without consent and commits a crime while in the building, either
directly or as an accomplice, commits burglary in the second degree and may be
sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both, if:
(a) (1) the building is a dwelling;
(b) (2) the portion of the building
entered contains a banking business or other business of receiving securities
or other valuable papers for deposit or safekeeping and the entry is with force
or threat of force;
(c) (3) the portion of the building
entered contains a pharmacy or other lawful business or practice in which
controlled substances are routinely held or stored, and the entry is forcible;
or
(d) (4) when entering or while in
the building, the burglar possesses a tool to gain access to money or property.
(b) Whoever enters a
government building, religious establishment, historic property, or school
building without consent and with intent to commit a crime under section 609.52
or 609.595, or enters a government building, religious establishment, historic
property, or school building without consent and commits a crime under section
609.52 or 609.595 while in the building, either directly or as an accomplice,
commits burglary in the second degree and may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than $20,000, or
both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec.
16. [609.593] DAMAGE OR THEFT TO
ENERGY TRANSMISSION OR TELECOMMUNICATIONS EQUIPMENT.
Subdivision 1. Crime. Whoever intentionally and without consent from one
authorized to give consent causes any damage or takes, removes, severs, or
breaks:
(1) any line erected or
maintained for the purpose of transmitting electricity for light, heat, or
power, or any insulator or cross-arm, appurtenance or apparatus connected to
the line, or any wire, cable, or current of the line;
(2) any pipe or main or
hazardous liquid pipeline erected, operated, or maintained for the purpose of
transporting, conveying, or distributing gas or other hazardous liquids for
light, heat, power, or any other purpose, or any part of the pipe, main, or
pipeline, or any valve, meter, holder, compressor, machinery, appurtenance,
equipment, or apparatus connected with any main or pipeline; or
(3) any machinery,
equipment, or fixtures used in receiving, initiating, amplifying, processing,
transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers,
routers, repeaters, multiplexers, and other items performing comparable
functions; and machinery, equipment, and fixtures used in the transportation of
telecommunications services, radio transmitters and receivers, satellite
equipment, microwave equipment, and other transporting media including wire,
cable, fiber, poles, and conduit;
is guilty of a crime and may
be sentenced as provided in subdivision 2.
Subd. 2. Penalty. Whoever violates subdivision 1 is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 17. Minnesota Statutes
2006, section 609.595, subdivision 1, is amended to read:
Subdivision 1. Criminal damage to property in the first
degree. Whoever intentionally causes damage to physical property of another
without the latter's consent may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both, if:
(1) the damage to the
property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged
belongs to a common carrier and the damage impairs the service to the public
rendered by the carrier; or
(3) the damage reduces the
value of the property by more than $500 $1,000 measured by the
cost of repair and replacement; or
(4) the damage reduces the
value of the property by more than $250 $500 measured by the cost
of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.
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In any prosecution under
clause (3), the value of any property damaged by the defendant in violation of
that clause within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more
counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 18. Minnesota Statutes
2006, section 609.595, subdivision 2, is amended to read:
Subd. 2. Criminal damage to property in the third
degree. (a) Except as otherwise provided in subdivision 1a, whoever
intentionally causes damage to another person's physical property without the
other person's consent may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the damage reduces
the value of the property by more than $250 $500 but not more
than $500 $1,000 as measured by the cost of repair and
replacement.
(b) Whoever intentionally
causes damage to another person's physical property without the other person's
consent because of the property owner's or another's actual or perceived race,
color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if the
damage reduces the value of the property by not more than $250 $500.
(c) In any prosecution under
paragraph (a), the value of property damaged by the defendant in violation of
that paragraph within any six-month period may be aggregated and the defendant
charged accordingly in applying this section. When two or more offenses are
committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all of
the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 19. REPEALER.
Minnesota Statutes 2006,
section 609.805, is repealed.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 3
DWI AND DRIVING RELATED
PROVISIONS
Section 1. Minnesota
Statutes 2006, section 169A.275, is amended by adding a subdivision to read:
Subd. 7. Exception. (a) A judge is not required to sentence a
person as provided in this section if the judge requires the person as a
condition of probation to drive only motor vehicles equipped with an ignition
interlock device meeting the standards described in section 171.306.
(b) This subdivision expires
July 1, 2009.
EFFECTIVE DATE. This section is
effective July 1, 2007, and applies to crimes committed on or after that date.
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Sec. 2. Minnesota Statutes
2006, section 169A.51, subdivision 7, is amended to read:
Subd. 7. Requirements for conducting tests;
liability. (a) Only a physician, medical technician, emergency medical
technician-paramedic, registered nurse, medical technologist, medical laboratory
technician, phlebotomist, or laboratory assistant acting at the request
of a peace officer may withdraw blood for the purpose of determining the
presence of alcohol, a controlled substance or its metabolite, or a hazardous
substance. This limitation does not apply to the taking of a breath or urine
sample.
(b) The person tested has
the right to have someone of the person's own choosing administer a chemical
test or tests in addition to any administered at the direction of a peace
officer; provided, that the additional test sample on behalf of the person is
obtained at the place where the person is in custody, after the test
administered at the direction of a peace officer, and at no expense to the
state. The failure or inability to obtain an additional test or tests by a
person does not preclude the admission in evidence of the test taken at the
direction of a peace officer unless the additional test was prevented or denied
by the peace officer.
(c) The physician, medical
technician, emergency medical technician-paramedic, medical technologist,
medical laboratory technician, laboratory assistant, phlebotomist, or
registered nurse drawing blood at the request of a peace officer for the
purpose of determining the concentration of alcohol, a controlled substance or
its metabolite, or a hazardous substance is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The person
administering a breath test must be fully trained in the administration of
breath tests pursuant to training given by the commissioner of public safety.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to crimes committed on
or after that date.
Sec. 3. Minnesota Statutes
2006, section 171.12, is amended by adding a subdivision to read:
Subd. 9. Driving record disclosure to law enforcement. The
commissioner shall also furnish driving records, without charge, to chiefs of
police, county sheriffs, prosecuting attorneys, and other law enforcement agencies
with the power to arrest.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 171.305, is amended by adding a subdivision to read:
Subd. 11. Program standards. The program standards applicable to
section 171.306 also apply to this section.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 5. [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
Subdivision 1. Pilot project established; reports. The commissioner
shall conduct a two-year ignition interlock device pilot project as provided in
this section. The commissioner shall select one metropolitan county and one
rural county to participate in the pilot project. The pilot project must begin
on July 1, 2007, and continue until June 30, 2009. The commissioner shall
submit two preliminary reports by February 1, 2008, and by December 1, 2008,
and a final report by September 1, 2009, to the chairs and ranking minority
members of the senate and house of representatives committees having
jurisdiction over criminal justice policy and funding. The reports must
evaluate the successes and failures of the pilot project, provide information
on participation rates, and make recommendations on continuing the project.
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Subd. 2. Performance standards; certification. The commissioner
shall determine appropriate performance standards and a certification process
for ignition interlock devices for the pilot project. Only devices certified by
the commissioner as meeting the performance standards may be used in the pilot
project.
Subd. 3. Pilot project components. (a) Under the pilot project,
the commissioner shall issue a driver's license to an individual whose driver's
license has been revoked under chapter 169A for a repeat impaired driving
incident if the person qualifies under this section and agrees to all of the
conditions of the project.
(b) The commissioner must
denote the person's driver's license record to indicate the person's
participation in the program. The license must authorize the person to drive
only vehicles having functioning ignition interlock devices conforming with the
requirements of subdivision 2.
(c) Notwithstanding any
statute or rule to the contrary, the commissioner has authority to and shall
determine the appropriate period for which a person participating in the
ignition interlock pilot program shall be subject to this program, and when the
person is eligible to be issued:
(1) a limited driver's
license subject to the ignition interlock restriction;
(2) full driving privileges
subject to the ignition interlock restriction; and
(3) a driver's license
without an ignition interlock restriction.
(d) A person participating
in this pilot project shall agree to participate in any treatment recommended
by a chemical use assessment.
(e) The commissioner shall
determine guidelines for participation in the project. A person participating
in the project shall sign a written agreement accepting these guidelines and
agreeing to comply with them.
(f) It is a misdemeanor for
a person who is licensed under this section for driving a vehicle equipped with
an ignition interlock device to drive, operate, or be in physical control of a
motor vehicle other than a vehicle properly equipped with an ignition interlock
device.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes
2006, section 171.55, is amended to read:
171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
The commissioner shall give
the same effect for driver licensing purposes to conduct reported from a
licensing authority or court in another state or province or territory of
Canada that the commissioner would give to conduct reported from a court or
other agency of this state, whether or not the other state or province or
territory of Canada is a party to the Driver License Compact in section
171.50. The conduct to be given effect by the commissioner includes a report of
conviction for an offense enumerated in section 171.50, article IV, or an
offense described in sections 171.17 and 171.18.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 7. Minnesota Statutes
2006, section 609.21, subdivision 1, is amended to read:
Subdivision 1. Criminal vehicular homicide or
operation; crime described. A person is guilty of criminal vehicular
homicide resulting in death and may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both
or operation and may be sentenced as provided in subdivision 1a, if the
person causes injury to or the death of a human being not
constituting murder or manslaughter another as a result of operating
a motor vehicle:
(1) in a grossly negligent
manner;
(2) in a negligent manner
while under the influence of:
(i) alcohol;
(ii) a controlled substance;
or
(iii) any combination of
those elements;
(3) while having an alcohol
concentration of 0.08 or more;
(4) while having an alcohol
concentration of 0.08 or more, as measured within two hours of the time of
driving;
(5) in a negligent manner
while knowingly under the influence of a hazardous substance;
(6) in a negligent manner
while any amount of a controlled substance listed in schedule I or II, or
its metabolite, other than marijuana or tetrahydrocannabinols, is present
in the person's body; or
(7) where the driver who
causes the accident leaves the scene of the accident in violation of section
169.09, subdivision 1 or 6.; or
(8) where the driver had
actual knowledge that a peace officer had previously issued a citation or
warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to
know that the defect created a present danger to others, and the injury or
death was caused by the defective maintenance.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 8. Minnesota Statutes
2006, section 609.21, is amended by adding a subdivision to read:
Subd. 1a. Criminal penalties. (a) A person who violates subdivision
1 and causes the death of a human being not constituting murder or manslaughter
or the death of an unborn child may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who violates
subdivision 1 and causes great bodily harm to another not constituting
attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
(c) A person who violates
subdivision 1 and causes substantial bodily harm to another may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $10,000, or both.
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(d) A person who violates
subdivision 1 and causes bodily harm to another may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 9. Minnesota Statutes
2006, section 609.21, is amended by adding a subdivision to read:
Subd. 1b. Conviction not bar to punishment for other crimes. A
prosecution for or a conviction of a crime under this section relating to
causing death or injury to an unborn child is not a bar to conviction of or
punishment for any other crime committed by the defendant as part of the same
conduct.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota Statutes
2006, section 609.21, subdivision 4a, is amended to read:
Subd. 4a. Affirmative defense. It shall be an
affirmative defense to a charge under subdivision 1, clause (6); 2, clause
(6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4, clause (6), that
the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and
152.12.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 11. Minnesota Statutes
2006, section 609.21, subdivision 5, is amended to read:
Subd. 5. Definitions. For purposes of this
section, the terms defined in this subdivision have the meanings given them.
(a) "Motor
vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.
(b) "Controlled
substance" has the meaning given in section 152.01, subdivision 4.
(c) "Hazardous
substance" means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 12. Minnesota Statutes
2006, section 634.15, subdivision 1, is amended to read:
Subdivision 1. Certificates of analysis; blood sample
reports; chain of custody. (a) In any hearing or trial of a criminal
offense or petty misdemeanor or proceeding pursuant to section 169A.53,
subdivision 3, the following documents shall be admissible in evidence:
(a) (1) a report of the facts and
results of any laboratory analysis or examination if it is prepared and
attested by the person performing the laboratory analysis or examination in any
laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the Federal
Bureau of Investigation, the federal Postal Inspection Service, the federal
Bureau of Alcohol, Tobacco and Firearms, or the federal Drug Enforcement
Administration;
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(b) (2) a report of a blood sample
withdrawn under the implied consent law if:
(i) The report was prepared
by the person who administered the test;
(ii) The person who withdrew
the blood sample was competent to administer the test under section 169A.51,
subdivision 7; and
(iii) The report was
prepared consistent with any applicable rules promulgated by the commissioner
of public safety; and
(c) (3) a verified chain of custody
of a specimen while under the control of a laboratory described in clause (a)
(1).
(b) A report described in paragraph
(a), clause (a) (1), purported to be signed by the person
performing the analysis or examination in a laboratory named in that clause, or
a blood sample report described in paragraph (a), clause (b)
(2), purported to be signed by the person who withdrew the blood sample
shall be admissible as evidence without proof of the seal, signature or
official character of the person whose name is signed to it. The signature in paragraph
(a), clause (a) (1) or (b) (2), can be written
or in electronic format.
(c) At least 20 days before
trial, the prosecutor shall submit to the accused person or the accused
person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes
2006, section 634.15, subdivision 2, is amended to read:
Subd. 2. Testimony at trial. (a) Except
in civil proceedings, including proceedings under section 169A.53, an accused
person or the accused person's attorney may request, by notifying the
prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:
(a) (1) a person who performed the
laboratory analysis or examination for the report described in subdivision 1, paragraph
(a), clause (a) (1); or
(b) (2) a person who prepared the
blood sample report described in subdivision 1, paragraph (a), clause (b)
(2).
If a petitioner in a
proceeding under section 169A.53 subpoenas a person described in paragraph
(a) clause (1) or (b) (2), to testify at the
proceeding, the petitioner is not required to pay the person witness fees under
section 357.22 in excess of $100.
(b) If the accused person or
the accused person's attorney does not comply with the ten-day requirement
described in paragraph (a), the prosecutor is not required to produce the
person who performed the analysis or examination or prepared the report. In this
case, the accused person's right to confront that witness is waived and the
report shall be admitted into evidence.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 14. REVISOR'S INSTRUCTION.
(a) In Minnesota Statutes,
sections 171.3215, subdivision 2a; and 609.135, subdivision 2, the revisor of
statutes shall change the references in column A to the references in column B.
Column
A Column
B
609.21,
subdivision 1 609.21,
subdivision 1a, paragraph (a)
609.21,
subdivision 2 609.21,
subdivision 1a, paragraph (b)
609.21,
subdivision 2a 609.21,
subdivision 1a, paragraph (c)
609.21,
subdivision 2b 609.21,
subdivision 1a, paragraph (d)
609.21,
subdivision 4 609.21,
subdivision 1a, paragraph (b)
(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor
of statutes shall replace the reference to Minnesota Statutes, section 609.21, subdivisions
3 and 4, with a reference to Minnesota Statutes, section 609.21, subdivision
1b.
(c) In Minnesota Statutes, section 609.266, the revisor of statutes
shall replace the reference to Minnesota Statutes, section 609.21, subdivisions
3 and 4, with a reference to Minnesota Statutes, section 609.21, subdivision
1a, paragraphs (a) and (b).
(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and
Minnesota Statutes, section 169A.24, subdivision 1, the revisor of statutes
shall strike the references to Minnesota Statutes, section 609.21, subdivision
2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 2b,
clauses (2) to (6); subdivision 3, clauses (2) to (6); and subdivision 4,
clauses (2) to (6).
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 15. REPEALER.
Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, and
4, are repealed.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that date.
ARTICLE 4
CRIME VICTIMS
Section 1. Minnesota Statutes 2006, section 299C.46, is amended by
adding a subdivision to read:
Subd. 6. Orders for protection and no
contact orders. The data communications network must include orders
for protection issued under section 518B.01 and no contact orders issued under
section 629.715, subdivision 4. A no contact order must be accompanied by a
photograph of the offender for the purpose of enforcement of the order, if a
photograph is available and verified by the court to be an image of the
defendant.
EFFECTIVE DATE. This section is
effective August 1, 2007
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Sec. 2. Minnesota Statutes
2006, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The
commissioner shall formulate policies to effectuate the purposes of this
chapter and shall do the following:
(1) exercise leadership
under the direction of the governor in the development of human rights policies
and programs, and make recommendations to the governor and the legislature for
their consideration and implementation;
(2) establish and maintain a
principal office in St. Paul, and any other necessary branch offices at any
location within the state;
(3) meet and function at any
place within the state;
(4) employ attorneys,
clerks, and other employees and agents as the commissioner may deem necessary
and prescribe their duties;
(5) to the extent permitted
by federal law and regulation, utilize the records of the Department of
Employment and Economic Development of the state when necessary to effectuate
the purposes of this chapter;
(6) obtain upon request and
utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for
effectuating the purposes of this chapter;
(8) issue complaints,
receive and investigate charges alleging unfair discriminatory practices, and
determine whether or not probable cause exists for hearing;
(9) subpoena witnesses,
administer oaths, take testimony, and require the production for examination of
any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this
chapter;
(10) attempt, by means of education,
conference, conciliation, and persuasion to eliminate unfair discriminatory
practices as being contrary to the public policy of the state;
(11) develop and conduct
programs of formal and informal education designed to eliminate discrimination
and intergroup conflict by use of educational techniques and programs the
commissioner deems necessary;
(12) make a written report
of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests,
grants, or other payments public and private to help finance the activities of
the department;
(14) create such local and
statewide advisory committees as will in the commissioner's judgment aid in
effectuating the purposes of the Department of Human Rights;
(15) develop such programs
as will aid in determining the compliance throughout the state with the
provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion,
national origin, sex, age, disability, marital status, status with regard to
public assistance, familial status, sexual orientation, or other factors and
develop accurate data on the nature and extent of discrimination and other
matters as they may affect housing, employment, public accommodations, schools,
and other areas of public life;
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(16) develop and disseminate
technical assistance to persons subject to the provisions of this chapter, and
to agencies and officers of governmental and private agencies;
(17) provide staff services
to such advisory committees as may be created in aid of the functions of the
Department of Human Rights;
(18) make grants in aid to
the extent that appropriations are made available for that purpose in aid of
carrying out duties and responsibilities; and
(19) cooperate and consult
with the commissioner of labor and industry regarding the investigation of
violations of, and resolution of complaints regarding section 363A.08,
subdivision 7.
In performing these duties,
the commissioner shall give priority to those duties in clauses (8), (9), and
(10) and to the duties in section 363A.36.
(b) All gifts, bequests,
grants, or other payments, public and private, accepted under paragraph (a),
clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human
rights to help finance activities of the department.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO TERMINATE LEASE.
Subdivision 1. Right to terminate; procedure. (a) A tenant to a
residential lease who is a victim of domestic abuse and fears imminent domestic
abuse against the tenant or the tenant's minor children if the tenant or the
tenant's minor children remain in the leased premises may terminate a lease
agreement without penalty or liability as provided in this section. The tenant
must provide advance written notice to the landlord stating that:
(1) the tenant fears
imminent domestic abuse from a person named in an order for protection or no
contact order;
(2) the tenant needs to
terminate the tenancy; and
(3) the specific date the
tenancy will terminate.
(b) The written notice must
be delivered before the termination of the tenancy by mail, fax, or in person,
and be accompanied by the order for protection or no contact order.
(c) For purposes of this
section, an order for protection means an order issued under chapter 518B. A no
contact order means a no contact order currently in effect, issued under
section 518B.01, subdivision 22, or chapter 609.
Subd. 2. Treatment of information. A landlord must not disclose
information provided to the landlord by a tenant documenting domestic abuse
under subdivision 1. The information must not be entered into any shared
database or provided to any person or entity but may be used when required as
evidence in an eviction proceeding, action for unpaid rent or damages arising
out of the tenancy, claims under section 504B.178, with the consent of the
tenant, or as otherwise required by law.
Subd. 3. Liability for rent; termination of tenancy. (a) A tenant
terminating a lease under subdivision 1 is responsible for the rent payment for
the full month in which the tenancy terminates and an additional amount equal
to one month's rent. The tenant is relieved of any other contractual obligation
for payment of rent or any other charges for the remaining term of the lease,
except as provided in this section.
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(b) This section does not affect a tenant's liability for delinquent,
unpaid rent or other amounts owed to the landlord before the lease was
terminated by the tenant under this section.
(c) The tenancy terminates, including the right of possession of the
premises, on the termination date stated in the notice under subdivision 1. The
amount equal to one month's rent must be paid on or before the termination of
the tenancy for the tenant to be relieved of the contractual obligations for
the remaining term of the lease as provided in this section.
(d) For purposes of this section, the provisions of section 504B.178
are triggered as follows:
(1) if the only tenant is the tenant who is the victim of domestic
abuse and the tenant's minor children, if any, upon the first day of the month
following the later of:
(i) the date the tenant vacates the premises; or
(ii) the termination of the tenancy indicated in the written notice
under subdivision 1; or
(2) if there are additional tenants bound by the lease, upon the
expiration of the lease.
Subd. 4. Multiple tenants. Notwithstanding
the release of a tenant from a lease agreement under this section, if there are
any remaining tenants the tenancy continues for those remaining tenants.
Subd. 5. Waiver prohibited. A
residential tenant may not waive, and a landlord may not require the
residential tenant to waive, the tenant's rights under this section.
Subd. 6. Definition. For
purposes of this section, "domestic abuse" has the meaning given in
section 518B.01, subdivision 2.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 595.02, subdivision 1, is
amended to read:
Subdivision 1. Competency of
witnesses. Every person of sufficient understanding, including a party, may
testify in any action or proceeding, civil or criminal, in court or before any
person who has authority to receive evidence, except as provided in this
subdivision:
(a) A husband cannot be examined for or against his wife without her
consent, nor a wife for or against her husband without his consent, nor can
either, during the marriage or afterwards, without the consent of the other, be
examined as to any communication made by one to the other during the marriage.
This exception does not apply to a civil action or proceeding by one against
the other, nor to a criminal action or proceeding for a crime committed by one
against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is
charged with homicide or an attempt to commit homicide and the date of the
marriage of the defendant is subsequent to the date of the offense, nor to an
action or proceeding for nonsupport, neglect, dependency, or termination of
parental rights.
(b) An attorney cannot, without the consent of the attorney's client,
be examined as to any communication made by the client to the attorney or the
attorney's advice given thereon in the course of professional duty; nor can any
employee of the attorney be examined as to the communication or advice, without
the client's consent.
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(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.
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(j) A parent or the parent's minor child may not be examined as to any
communication made in confidence by the minor to the minor's parent. A
communication is confidential if made out of the presence of persons not
members of the child's immediate family living in the same household. This
exception may be waived by express consent to disclosure by a parent entitled
to claim the privilege or by the child who made the communication or by failure
of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one
spouse against the other or by a parent or child against the other, nor to a
proceeding to commit either the child or parent to whom the communication was
made or to place the person or property or either under the control of another
because of an alleged mental or physical condition, nor to a criminal action or
proceeding in which the parent is charged with a crime committed against the
person or property of the communicating child, the parent's spouse, or a child
of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of
a parent or a child of a parent, nor to an action or proceeding for termination
of parental rights, nor any other action or proceeding on a petition alleging
child abuse, child neglect, abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be compelled to testify about
allowed to disclose any opinion or information received from or about the
victim without the consent of the victim. However, a counselor may be compelled
to identify or disclose information in investigations or proceedings related to
neglect or termination of parental rights if the court determines good cause
exists. In determining whether to compel disclosure, the court shall weigh the
public interest and need for disclosure against the effect on the victim, the
treatment relationship, and the treatment services if disclosure occurs.
Nothing in this clause exempts sexual assault counselors from compliance with
the provisions of sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this section
means a person who has undergone at least 40 hours of crisis counseling
training and works under the direction of a supervisor in a crisis center,
whose primary purpose is to render advice, counseling, or assistance to victims
of sexual assault.
(l) A person cannot be examined as to any communication or document,
including worknotes, made or used in the course of or because of mediation
pursuant to an agreement to mediate. This does not apply to the parties in the
dispute in an application to a court by a party to have a mediated settlement
agreement set aside or reformed. A communication or document otherwise not
privileged does not become privileged because of this paragraph. This paragraph
is not intended to limit the privilege accorded to communication during
mediation by the common law.
(m) A child under ten years of age is a competent witness unless the
court finds that the child lacks the capacity to remember or to relate
truthfully facts respecting which the child is examined. A child describing any
act or event may use language appropriate for a child of that age.
(n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person
making the communication, be allowed to disclose communications made to the
communication assistant for the purpose of relaying.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 611A.036, subdivision 2, is
amended to read:
Subd. 2. Victim's spouse or next
of kin immediate family members. An employer must allow a victim
of a heinous violent crime, as well as the victim's spouse or next
of kin immediate family members, reasonable time off from work to
attend criminal proceedings related to the victim's case.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 6. Minnesota Statutes 2006, section 611A.036, subdivision 7, is
amended to read:
Subd. 7. Definition. As used
in this section, "heinous crime" "violent crime"
means a violation or attempt to violate any of the following: section
609.185 (murder in the first degree); 609.19 (murder in the second degree);
609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.21 (criminal
vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.2241 (knowing transfer of communicable
disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused
by distribution of drugs); 609.23 (mistreatment of persons confined); 609.231
(mistreatment of residents or patients); 609.2325 (criminal abuse); 609.233
(criminal neglect); 609.235 (use of drugs to injure or facilitate crime);
609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping);
609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an
unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.2672 (assault of an unborn child in the third degree);
609.268 (injury or death of an unborn child in commission of a crime); 609.282
(labor trafficking); 609.342 (criminal sexual conduct in the first degree);
609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the
fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children
to engage in sexual conduct); 609.377 (malicious punishment of a child);
609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson in
the first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c),
(burglary in the first degree; occupied dwelling or involving an assault); or
609.66, subdivision 1e, paragraph (b), (drive-by shooting; firing at or toward
a person, or an occupied building or motor vehicle).
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense
was committed with force or violence or if the complainant was a minor at the
time of the offense.
EFFECTIVE DATE. This section is effective
July 1, 2007.
Sec. 7. [611A.26] POLYGRAPH
EXAMINATIONS; CRIMINAL SEXUAL CONDUCT COMPLAINTS; LIMITATIONS.
Subdivision 1. Polygraph prohibition.
No law enforcement agency or prosecutor shall require that a complainant of
a criminal sexual conduct offense submit to a polygraph examination as part of
or a condition to proceeding with the investigation, charging, or prosecution
of such offense.
Subd. 2. Law enforcement inquiry.
A law enforcement agency or prosecutor may not ask that a complainant of a
criminal sexual conduct offense submit to a polygraph examination as part of
the investigation, charging, or prosecution of such offense unless the
complainant has been referred to, and had the opportunity to exercise the
option of consulting with a sexual assault counselor as defined in section
595.02, subdivision 1, paragraph (k).
Subd. 3. Informed consent
requirement. At the request of the complainant, a law enforcement
agency may conduct a polygraph examination of the complainant only with the
complainant's written, informed consent as provided in this subdivision.
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Subd. 4. Informed consent. To
consent to a polygraph, a complainant must be informed in writing that:
(1) the taking of the polygraph examination is voluntary and solely at
the victim's request;
(2) a law enforcement agency or prosecutor may not ask or require that
the complainant submit to a polygraph examination;
(3) the results of the examination are not admissible in court; and
(4) the complainant's refusal to take a polygraph examination may not
be used as a basis by the law enforcement agency or prosecutor not to
investigate, charge, or prosecute the offender.
Subd. 5. Polygraph refusal. A
complainant's refusal to submit to a polygraph examination shall not prevent
the investigation, charging, or prosecution of the offense.
Subd. 6. Definitions. For the
purposes of this section, the following terms have the meanings given.
(a) "Criminal sexual conduct" means a violation of section
609.342, 609.343, 609.344, 609.345, or 609.3451.
(b) "Complainant" means a person reporting to have been
subjected to criminal sexual conduct.
(c) "Polygraph examination" means any mechanical or
electrical instrument or device of any type used or allegedly used to examine,
test, or question individuals for the purpose of determining truthfulness.
EFFECTIVE DATE. This section is
effective July 1, 2008.
Sec. 8. Minnesota Statutes 2006, section 611A.675, subdivision 1, is
amended to read:
Subdivision 1. Grants
authorized. The Crime Victim and Witness Advisory Council
commissioner of public safety shall make grants to prosecutors and victim
assistance programs for the purpose of providing emergency assistance to
victims. As used in this section, "emergency assistance" includes but
is not limited to:
(1) replacement of necessary property that was lost, damaged, or stolen
as a result of the crime;
(2) purchase and installation of necessary home security devices;
(3) transportation to locations related to the victim's needs as a
victim, such as medical facilities and facilities of the criminal justice
system;
(4) cleanup of the crime scene; and
(5) reimbursement for reasonable travel and living expenses the victim
incurred to attend court proceedings that were held at a location other than
the place where the crime occurred due to a change of venue; and
(6) reimbursement of towing and storage fees incurred due to
impoundment of a recovered stolen vehicle.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 9. Minnesota Statutes 2006, section 611A.675, subdivision 2, is
amended to read:
Subd. 2. Application for grants.
(a) A city or county attorney's office or victim assistance program may
apply to the council commissioner of public safety for a grant
for any of the purposes described in subdivision 1 or for any other emergency
assistance purpose approved by the council commissioner. The
application must be on forms and pursuant to procedures developed by the council
commissioner. The application must describe the type or types of intended
emergency assistance, estimate the amount of money required, and include any
other information deemed necessary by the council commissioner.
(b) A city or county attorney's office or victim assistance program
that applies for a grant for the purpose described in subdivision 1, clause
(6), must make the application on a separate form and pursuant to procedures
developed by the commissioner. The application must estimate the amount of
money required for reimbursement costs, estimate the amount of money required
for administrative costs, and include any other information deemed necessary by
the commissioner. An applicant may not spend in any fiscal year more than five
percent of the grant awarded for administrative costs.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 10. Minnesota Statutes 2006, section 611A.675, is amended by
adding a subdivision to read:
Subd. 2a. Awards; limitations.
(a) No award may be granted under subdivision 1, clause (6), to a victim that
fails to provide proof of insurance stating that security had been provided for
the vehicle at the time the vehicle was stolen. As used in this paragraph,
"proof of insurance" has the meaning given it in section 169.791,
subdivision 1, paragraph (g).
(b) An award paid to a victim under subdivision 1, clause (6), shall
compensate the victim for actual costs incurred but shall not exceed $300.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 11. Minnesota Statutes 2006, section 611A.675, subdivision 3, is
amended to read:
Subd. 3. Reporting by local
agencies required. A city or county attorney's office or victim assistance
program that receives a grant under this section shall file an annual report
with the council commissioner of public safety itemizing the
expenditures made during the preceding year, the purpose of those expenditures,
and the ultimate disposition, if any, of each assisted victim's criminal case.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 12. Minnesota Statutes 2006, section 611A.675, subdivision 4, is
amended to read:
Subd. 4. Report to legislature.
On or before February 1, 1999, the council shall report to the chairs of the
senate Crime Prevention and house of representatives Judiciary Committees on
the implementation, use, and administration of the grant program created under
this section. By February 1, 2008, the commissioner of public safety
shall report to the chairs and ranking members of the senate and house
committees and divisions having jurisdiction over criminal justice policy and
funding on the implementation, use, and administration of the grant programs
created under this section.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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ARTICLE 5
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota
Statutes 2006, section 2.722, subdivision 1, is amended to read:
Subdivision 1. Description. Effective July 1, 1959,
the state is divided into ten judicial districts composed of the following
named counties, respectively, in each of which districts judges shall be chosen
as hereinafter specified:
1. Goodhue, Dakota, Carver,
Le Sueur, McLeod, Scott, and Sibley; 33 36 judges; and four
permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston,
Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges;
and permanent chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon,
Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock,
Faribault, Martin, and Jackson; 16 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake,
and Cook; 15 judges;
7. Benton, Douglas, Mille
Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 27
28 judges; and permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac
qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope,
Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall,
Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing,
Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 22
23 judges; and permanent chambers shall be maintained in Crookston,
Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls;
and
10. Anoka, Isanti, Wright,
Sherburne, Kanabec, Pine, Chisago, and Washington; 43 45 judges;
and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 2. Minnesota Statutes
2006, section 3.732, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section
and section 3.736 the terms defined in this section have the meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions, courts, and officers in the executive, legislative, and
judicial branches of the state of Minnesota and includes but is not limited to
the Housing Finance Agency, the Minnesota Office of Higher Education, the
Higher Education Facilities Authority, the Health Technology Advisory
Committee, the Armory Building Commission, the Zoological Board, the Iron Range
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Resources and Rehabilitation
Board, the State Agricultural Society, the University of Minnesota, the
Minnesota State Colleges and Universities, state hospitals, and state penal
institutions. It does not include a city, town, county, school district, or
other local governmental body corporate and politic.
(2) "Employee of the state" means all present or former
officers, members, directors, or employees of the state, members of the
Minnesota National Guard, members of a bomb disposal unit approved by the
commissioner of public safety and employed by a municipality defined in section
466.01 when engaged in the disposal or neutralization of bombs or other similar
hazardous explosives, as defined in section 299C.063, outside the jurisdiction
of the municipality but within the state, or persons acting on behalf of the
state in an official capacity, temporarily or permanently, with or without
compensation. It does not include either an independent contractor except,
for purposes of this section and section 3.736 only, a guardian ad litem acting
under court appointment, or members of the Minnesota National Guard while
engaged in training or duty under United States Code, title 10, or title 32,
section 316, 502, 503, 504, or 505, as amended through December 31, 1983.
Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district
public defender or assistant district public defender in the Second or Fourth
Judicial District and a member of the Health Technology Advisory Committee.
(3) "Scope of office or employment" means that the employee
was acting on behalf of the state in the performance of duties or tasks
lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. Minnesota Statutes 2006, section 3.736, subdivision 1, is
amended to read:
Subdivision 1. General rule.
The state will pay compensation for injury to or loss of property or personal
injury or death caused by an act or omission of an employee of the state while
acting within the scope of office or employment or a peace officer who is not
acting on behalf of a private employer and who is acting in good faith under
section 629.40, subdivision 4, under circumstances where the state, if a
private person, would be liable to the claimant, whether arising out of a
governmental or proprietary function. Nothing in this section waives the defense
of judicial, quasi-judicial, or legislative immunity except to the
extent provided in subdivision 8.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 15A.083, subdivision 4, is
amended to read:
Subd. 4. Ranges for other
judicial positions. Salaries or salary ranges are provided for the
following positions in the judicial branch of government. The appointing
authority of any position for which a salary range has been provided shall fix
the individual salary within the prescribed range, considering the
qualifications and overall performance of the employee. The Supreme Court
shall set the salary of the state court administrator and the salaries of
district court administrators. The salary of the state court administrator or a
district court administrator may not exceed the salary of a district court
judge. If district court administrators die, the amounts of their unpaid
salaries for the months in which their deaths occur must be paid to their
estates. The salary of the state public defender shall be fixed by the State
Board of Public Defense but must not exceed the salary of a district court
judge.
Salary
or Range
Effective
July
1, 1994
Board on Judicial Standards executive director $44,000-60,000
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 5. Minnesota Statutes 2006, section 260C.193, subdivision 6, is
amended to read:
Subd. 6. Termination of
jurisdiction. The court may dismiss the petition or otherwise terminate its
jurisdiction on its own motion or on the motion or petition of any interested
party at any time. Unless terminated by the court, and except as otherwise
provided in this subdivision, the jurisdiction of the court shall continue
until the individual becomes 19 years of age if the court determines it is in
the best interest of the individual to do so. Court jurisdiction under
section 260C.007, subdivision 6, clause (14), may not continue past the child's
18th birthday.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 302A.781, is amended by adding
a subdivision to read:
Subd. 5. Other claims preserved.
In addition to the claims in subdivision 4, all other statutory and common
law rights of persons who may bring claims of injury to a person, including
death, are not affected by dissolution under this chapter.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 7. Minnesota Statutes 2006, section 352D.02, subdivision 1, is
amended to read:
Subdivision 1. Coverage. (a)
Employees enumerated in paragraph (c), clauses (2), (3), (4), and (6) to (14),
if they are in the unclassified service of the state or Metropolitan Council
and are eligible for coverage under the general state employees retirement plan
under chapter 352, are participants in the unclassified plan under this chapter
unless the employee gives notice to the executive director of the Minnesota
State Retirement System within one year following the commencement of
employment in the unclassified service that the employee desires coverage under
the general state employees retirement plan. For the purposes of this chapter,
an employee who does not file notice with the executive director is deemed to
have exercised the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), clause (5), are participants in
the unclassified program under this chapter unless the person was eligible to
elect different coverage under section 3A.07 and elected retirement coverage by
the applicable alternative retirement plan. Persons referenced in paragraph
(c), clause (15), are participants in the unclassified program under this
chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of state, the
state auditor, and the attorney general;
(2) an employee in the Office of the Governor, Lieutenant Governor,
Secretary of State, State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created by statute in
the unclassified service, an acting department head subsequently appointed to
the position, or an employee enumerated in section 15A.0815 or 15A.083,
subdivision 4;
(5) a member of the legislature;
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(6) a full-time unclassified employee of the legislature or a
commission or agency of the legislature who is appointed without a limit on the
duration of the employment or a temporary legislative employee having shares in
the supplemental retirement fund as a result of former employment covered by
this chapter, whether or not eligible for coverage under the Minnesota State
Retirement System;
(7) a person who is employed in a position established under section
43A.08, subdivision 1, clause (3), or in a position authorized under a statute
creating or establishing a department or agency of the state, which is at the
deputy or assistant head of department or agency or director level;
(8) the regional administrator, or executive director of the
Metropolitan Council, general counsel, division directors, operations managers,
and other positions as designated by the council, all of which may not exceed
27 positions at the council and the chair;
(9) the executive director, associate executive director, and not to
exceed nine positions of the Minnesota Office of Higher Education in the
unclassified service, as designated by the Minnesota Office of Higher Education
before January 1, 1992, or subsequently redesignated with the approval of the
board of directors of the Minnesota State Retirement System, unless the person
has elected coverage by the individual retirement account plan under chapter
354B;
(10) the clerk of the appellate courts appointed under article VI,
section 2, of the Constitution of the state of Minnesota, the state court
administrator and judicial district administrators;
(11) the chief executive officers of correctional facilities operated
by the Department of Corrections and of hospitals and nursing homes operated by
the Department of Human Services;
(12) an employee whose principal employment is at the state ceremonial
house;
(13) an employee of the Minnesota Educational Computing Corporation;
(14) an employee of the State Lottery who is covered by the managerial
plan established under section 43A.18, subdivision 3; and
(15) a judge who has exceeded the service credit limit in section
490.121, subdivision 22.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 8. [357.42] DRUG COURT
FEES.
(a) When a court establishes a drug court process, the court may
establish one or more fees for services provided to defendants participating in
the process.
(b) In each fiscal year, the court shall deposit the drug court
participation fees in the special revenue fund and credit the fees to a
separate account for the trial courts. The balance in this account is
appropriated to the trial courts and does not cancel but is available until
expended. Expenditures from this account must be made for drug court purposes.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 9. Minnesota Statutes 2006, section 484.54, subdivision 2, is
amended to read:
Subd. 2. Expense payments. A
judge shall be paid travel and subsistence expenses for travel from the judge's
place of residence to and from the judge's permanent chambers only for a period
of two years after July 1, 1977, or the date the judge initially assumes
office, whichever is later as provided by Judicial Council policy.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 10. Minnesota Statutes 2006, section 484.83, is amended to read:
484.83 REINSTATEMENT OF
FORFEITED SUMS.
Subdivision 1. Abandonment of fees.
All sums deposited with the court administrator to cover fees shall be
deemed abandoned if the fees are not disbursed or the services covered by the
fees are not performed and the person entitled to refund of the fees does not
file a written demand for refund with the court administrator within six months
from the date of trial, dismissal, or striking of the cause as to jury fees and
from the date of deposit as to other fees.
Subd. 2. Bail forfeitures. Any
bail not forfeited by court order shall be deemed abandoned and forfeited if
the person entitled to refund does not file a written demand for refund with
the court administrator within six months from the date when the person became
entitled to the refund.
Subd. 3. Reinstated forfeited sums.
A district court judge may order any sums forfeited to be reinstated and the
commissioner of finance shall then refund accordingly. The commissioner of
finance shall reimburse the court administrator if the court administrator
refunds the deposit upon a judge's order and obtains a receipt to be used as a
voucher.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 11. [484.843]
ABANDONMENT OF NONFELONY BAIL; DISPOSITION OF FORFEITED SUMS; FOURTH JUDICIAL
DISTRICT.
Subdivision 1. Abandonment of deposits and
bail. (a) Any bail deposited with the court administrator of the
Fourth Judicial District on a nonfelony case and not forfeited by court order
shall be deemed abandoned and forfeited if the person entitled to refund does
not file a written demand for refund with the court administrator within six
months from the date when the person became entitled to the refund.
(b) Any judge may order any sums so forfeited under paragraph (a) to be
reinstated for cause and the court administrator shall then refund accordingly.
The receipting municipality or subdivision of government shall reimburse the
court administrator if the court administrator refunds the deposit upon such an
order and obtains a receipt to be used as a voucher.
Subd. 2. Disposition of forfeited
sums. All sums collected on any bail, bond, or recognizance
forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
Judicial District on a nonfelony case shall be paid to Hennepin County to be
applied to the support of the law library of the county. The receipt of the
county treasurer to the court administrator shall be a sufficient voucher. When
the sums so forfeited, minus refunds, during any calendar year equal $2,500,
all sums in excess of that amount shall be paid to the municipality or
subdivision of government in which the violation occurred. The payments shall
be made periodically but not before six months from the date of the order for
forfeiture. During that six-month period, but not thereafter, any judge may set
aside the forfeiture order upon proper showing of cause. No obligation to pay
sums so ordered forfeited exists unless the forfeiture is not set aside within
the six-month period. For the purpose of determining when the $2,500 shall have
accrued to the county law library, the final forfeiture shall be deemed to
occur at the end of the six-month period.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 12. Minnesota Statutes 2006, section 504B.361, subdivision 1, is
amended to read:
Subdivision 1. Summons and writ.
(a) The state court administrator shall develop a uniform form for the summons
and writ of recovery of premises and order to vacate may be substantially in
the forms in paragraphs (b) and (c).
(b)
FORM
OF SUMMONS
State of Minnesota )
) ss.
County of ........................... )
Whereas, ..............., of ..........., has filed with the
undersigned, a judge of county stated, a complaint against ..............., of
.........., a copy of which is attached: You are hereby summoned to appear
before the undersigned on the .......... day of .........., year.........., at
.......... o'clock ...m., at .........., to answer and defend against the
complaint and to further be dealt with according to law.
Dated at ........, this ........ day of ........, year........
,
Judge ...................................................... of
court.
(c)
FORM
OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
State of Minnesota )
) ss.
County of ........................... )
The State of Minnesota, to the Sheriff of the County:
Whereas, ..............., the plaintiff, of ...............,
in an eviction action, at a court held at ..............., in the county of
....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a
judgment against ..............., the ..............., to have recovery of the
following premises (describe here the property as in the complaint):
................. .
Therefore, you are commanded that, taking with you the force
of the county, if necessary, you cause ................. to be immediately
removed from the premises, and the plaintiff to recover the premises. You are
also commanded that from the personal property of ........................
within the county that you seize and sell, the plaintiff be paid ............ .
dollars, as the costs assessed against the defendant, together with 25 cents
for this writ. You are ordered to return this writ within 30 days.
Dated at ........, this ........ day of ........, year........
,
Judge of ...................................................... court.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec.
13. Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to
read:
Subdivision
1. Permissive appointment of guardian ad
litem. In all proceedings for child custody or for dissolution or legal
separation where custody or parenting time with a minor child is in issue, the
court may appoint a guardian ad litem from a panel established by the court to
represent the interests of the child. The guardian ad litem shall advise the
court with respect to custody, support, and parenting time.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
14. Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to
read:
Subd.
2. Required appointment of guardian ad
litem. In all proceedings for child custody or for marriage dissolution or
legal separation in which custody or parenting time with a minor child is an
issue, if the court has reason to believe that the minor child is a victim of
domestic child abuse or neglect, as those terms are defined in sections
260C.007 and 626.556, respectively, the court shall appoint a guardian ad
litem. The guardian ad litem shall represent the interests of the child and
advise the court with respect to custody, support, and parenting time.
If the child is represented by a guardian ad litem in any other pending
proceeding, the court may appoint that guardian to represent the child in the
custody or parenting time proceeding. No guardian ad litem need be appointed if
the alleged domestic child abuse or neglect is before the court on a juvenile
dependency and neglect petition. Nothing in this subdivision requires the court
to appoint a guardian ad litem in any proceeding for child custody, marriage
dissolution, or legal separation in which an allegation of domestic child abuse
or neglect has not been made.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
15. Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to
read:
Subd.
3. Income cap on determining basic
support. (a) The basic support obligation for parents with a combined
parental income for determining child support in excess of the income limit currently
in effect under subdivision 2 must be the same dollar amount as provided
for the parties with a combined parental income for determining child support
equal to the income in effect limit under subdivision 2.
(b)
A court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subdivision 2 if it finds that a child
has a disability or other substantial, demonstrated need for the additional
support for those reasons set forth in section 518A.43 and that the additional
support will directly benefit the child.
(c)
The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court
must select the index for the adjustment from the indices listed in section
518A.75, subdivision 1. The state court administrator must make the changes in
the dollar amounts required by this paragraph available to courts and the
public on or before April 30 of the year in which the amount is to change.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
16. Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
to read:
Subd.
7a. Copy costs. The court
administrator shall provide a person who is proceeding in forma pauperis with a
copy of the person's court file without charge.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec.
17. Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to
read:
Subd.
8. Fine and surcharge collection. (a)
A defendant's obligation to pay court-ordered fines, surcharges, court costs,
restitution, and fees shall survive for a period of six years from the date
of the expiration of the defendant's stayed sentence for the offense for which
the fines, surcharges, court costs, restitution, and fees were imposed,
or six years from the imposition or due date of the fines, surcharges, court
costs, restitution, and fees, whichever is later. Nothing in this
subdivision extends the period of a defendant's stay of sentence imposition or
execution.
(b)
The six-year period relating to a defendant's obligation to pay restitution
under paragraph (a) does not limit the victim's right to collect restitution
through other means such as a civil judgment.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
18. Laws 2001, First Special Session chapter 8, article 4, section 4, is
amended to read:
Sec. 4. DISTRICT COURTS
$118,470,000 $128,842,000
Carlton County
Extraordinary Expenses. $300,000 the first year is to reimburse Carlton county for
extraordinary expenses related to homicide trials. This is a onetime
appropriation.
New Judge
Units. $774,000
the first year and $1,504,000 the second year are for an increase in judgeship
units, including one trial court judge unit beginning October 1, 2001, in the tenth
judicial district, one trial court judge unit beginning April 1, 2002, in the
third judicial district, one trial court judge unit beginning July 1, 2002, in
the tenth judicial district, one trial court judge unit beginning January 1,
2003, in the seventh judicial district, and one trial court judge unit
beginning January 1, 2003, in the first judicial district. Each judge unit
consists of a judge, law clerk, and court reporter.
Alternative
Dispute Resolution Programs. A portion of this appropriation may be used for the
alternative dispute resolution programs authorized by article 5, section 18.
Supplemental
Funding for Certain Mandated Costs. $4,533,000 the first year and $6,032,000 the second
year are to supplement funding for guardians ad litem, interpreters, rule 20
and civil commitment examinations, and in forma pauperis costs in the fifth,
seventh, eighth, and ninth judicial districts.
Trial Court
Infrastructure Staff. $684,000 the first year and $925,000 the second year are for
infrastructure staff.
Court
Effectiveness Initiatives; Community Courts and Screener Collectors. $835,000 the first year and
$765,000 the second year are for court effectiveness initiatives. Of this
amount, $125,000 each year is for continued funding of the community court in
the fourth judicial district and $125,000 each year is for continued funding of
the community court in the second judicial district. These are onetime
appropriations.
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The second judicial district and fourth judicial
district shall each report quarterly to the chairs and ranking minority members
of the legislative committees and divisions with jurisdiction over criminal
justice funding on:
(1) how money appropriated for this initiative was
spent; and
(2) the cooperation of other criminal justice
agencies and county units of government in the community courts' efforts.
The first report is due on October 1, 2001. None of
this appropriation may be used for the purpose of complying with these
reporting requirements.
Of this amount, $585,000 the first year and $515,000
the second year are for screener collector programs.
The fifth, seventh, and ninth judicial district
courts shall implement screener collector programs to enhance the collection of
overdue fine revenue by at least ten percent in each location serviced by a
screener collector. By August 15, 2002, and annually thereafter, the state
court administrator shall report to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over
criminal justice policy and funding issues on the total amount of fines
collected, the amount of overdue fines collected for the two preceding fiscal
years, and the expenditures associated with the screener collector program.
Ninth District County and
Support Pilot Projects. Up to $99,000 each year may be used for the ninth judicial district to
implement the pilot projects on the six-month review of child custody,
parenting time, and support orders, and on the accounting for child support by
obligees.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 19. Laws 2003, First Special Session chapter 2, article 1,
section 2, is amended to read:
Sec. 2. SUPREME COURT
$38,806,000 $36,439,000
Report on Court Fees. The
state court administrator shall review and report back on the financial
consequences of policy changes made in the following areas: (1) criminal and
traffic offender surcharges; (2) public defender co-pays; and (3) the use of
revenue recapture to collect the public defender co-pay. The report shall also
list the local governmental units that employ administrative procedures to
collect fines for ordinance violations. The state court administrator must
submit the report to the chairs and ranking minority members on the committees
that have jurisdiction over court funding by January 15 of each year.
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$5,000 each year is for a
contingent account for expenses necessary for the normal operation of the court
for which no other reimbursement is provided.
Legal Services
to Low-Income Clients in Family Law Matters. Of this appropriation, $877,000 each year is
to improve the access of low-income clients to legal representation in family
law matters. This appropriation must be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services programs described in
Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered
balance remaining in the first year does not cancel and is available in the
second year.
Of this appropriation,
$355,000 in fiscal year 2005 is for the implementation of the Minnesota Child
Support Act and is contingent upon its enactment. This is a onetime
appropriation.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 20. PUBLIC DEFENDER STUDY AND REPORT
REQUIRED.
The State Board of Public
Defense and the Hennepin County Board of Commissioners shall jointly prepare a
report to the legislature on the history of the funding of the public
defender's office in the Fourth Judicial District provided by the state and
Hennepin County. The report must compare the costs and services provided by the
Fourth Judicial District Public Defender's Office to the costs and services
provided by the state Board of Public Defense in all other public defender
district offices. The report must detail the amount of funding provided by
Hennepin County to the Fourth Judicial District Public Defender's Office and
the amount necessary for the state to assume the full costs of the public
defender duties in the Fourth Judicial District as in the other judicial
districts throughout the state. The report must also recommend specific
legislation that would provide for an appropriate resolution of the state and
local funding of the Fourth Judicial District Public Defender's Office. The
report must be completed by October 1, 2007, and be submitted to the
commissioner of finance, the chairs and ranking minority members of the senate
and house committees and divisions with jurisdiction over finance, judiciary,
judiciary finance, and public safety finance, and the house Ways and Means
Committee.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 21. REPEALER.
Minnesota Statutes 2006,
sections 260B.173; 480.175, subdivision 3; and 611.20, subdivision 5, are
repealed.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 6
CORRECTIONS
Section 1. Minnesota Statutes
2006, section 16A.72, is amended to read:
16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
All income, including fees
or receipts of any nature, shall be credited to the general fund, except:
(1) federal aid;
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(2) contributions, or
reimbursements received for any account of any division or department for which
an appropriation is made by law;
(3) income to the University
of Minnesota;
(4) income to revolving
funds now established in institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings
resulting from the master lease program, except that the amount credited to
another fund or account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the master lease
program;
(6) investment earnings
resulting from any gift, donation, devise, endowment, trust, or court ordered
or approved escrow account or trust fund, which should be credited to the fund
or account and appropriated for the purpose for which it was received;
(7) receipts from the
operation of patients' and inmates' stores and patients' vending
machines, which shall be deposited in the social welfare fund, or in the
case of prison industries in the correctional revolving fund, in each
institution for the benefit of the patients and inmates;
(8) money received in
payment for services of inmate labor employed in the industries carried on in
the state correctional facilities which receipts shall be credited to the
current expense fund of those facilities income to prison industries
which shall be credited to the correctional industries revolving fund;
(9) as provided in sections
16B.57 and 85.22;
(10) income to the Minnesota
Historical Society;
(11) the percent of income
collected by a private collection agency and retained by the collection agency
as its collection fee; or
(12) as otherwise provided
by law.
EFFECTIVE DATE. This section is effective
July 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 16B.181, subdivision 2, is amended to read:
Subd. 2. Public entities; purchases from corrections
industries. (a) The commissioner of corrections, in consultation with the
commissioner of administration, shall prepare updated lists of the items
available for purchase from Department of Corrections industries and annually
forward a copy of the most recent list to all public entities within the state.
A public entity that is supported in whole or in part with funds from the state
treasury may purchase items directly from corrections industries. The bid
solicitation process is not required for these purchases.
(b) The commissioner of
administration shall develop a contract or contracts to enable public entities
to purchase items directly from corrections industries. The commissioner of
administration, in consultation with the commissioner of corrections, shall
determine the fair market price for listed items. The commissioner of
administration shall require that all requests for bids or proposals, for items
provided by corrections industries, be forwarded to the commissioner of
corrections to enable corrections industries to submit bids. The commissioner
of corrections shall consult with the commissioner of administration prior to
introducing new products to the state agency market.
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(c) No public entity may
evade the intent of this section by adopting slight variations in specifications,
when Minnesota corrections industry items meet the reasonable needs and
specifications of the public entity.
(d) The commissioners of
administration and corrections shall develop annual performance measures
outlining goals to maximize inmate work program participation. The
commissioners of administration and corrections shall appoint cochairs for a
task force whose purpose is to determine additional methods to achieve the
performance goals for public entity purchasing. The task force shall include
representatives from the Minnesota House of Representatives, Minnesota Senate,
the Minnesota State Colleges and Universities, University of Minnesota,
Minnesota League of Cities, Minnesota Association of Counties, and
administrators with purchasing responsibilities from the Minnesota state
Departments of Corrections, Public Safety, Finance, Transportation, Natural
Resources, Human Services, Health, and Employment and Economic Development.
Notwithstanding section 15.059, the task force created in this paragraph
expires on June 30, 2003.
(e) If performance goals for
public entity purchasing are not achieved in two consecutive fiscal years,
public entities shall purchase items available from corrections industries. The
commissioner of administration shall be responsible for notifying public
entities of this requirement.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. Minnesota Statutes
2006, section 16C.23, subdivision 2, is amended to read:
Subd. 2. Surplus property. "Surplus
property" means state or federal commodities, equipment, materials,
supplies, books, printed matter, buildings, and other personal or real property
that is obsolete, unused, not needed for a public purpose, or ineffective for
current use. Surplus property does not include products manufactured by or
held in inventory by prison industries for sale to the general public in the
normal course of its business.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006,
section 241.016, subdivision 1, is amended to read:
Subdivision 1. Biennial report. (a) The Department of
Corrections shall submit a performance report to the chairs and ranking
minority members of the senate and house committees and divisions having
jurisdiction over criminal justice funding by January 15, 2005, and every other
year thereafter. The issuance and content of the report must include the
following:
(1) department strategic
mission, goals, and objectives;
(2) the department-wide per
diem, adult facility-specific per diems, and an average per diem, reported in a
standard calculated method as outlined in the departmental policies and
procedures;
(3) department annual
statistics as outlined in the departmental policies and procedures; and
(4) information about
prison-based mental health programs, including, but not limited to, the
availability of these programs, participation rates, and completion rates.
(b) The department shall
maintain recidivism rates for adult facilities on an annual basis. In addition,
each year the department shall, on an alternating basis, complete a recidivism
analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described
in paragraph (a). When appropriate, The recidivism analysis must include:
(1) assess education programs, vocational programs, treatment programs,
including mental health programs, industry, and employment; and (2) assess
statewide re-entry
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policies and funding,
including postrelease treatment, education, training, and supervision. In addition, when
reporting recidivism for the department's adult and juvenile facilities, the
department shall report on the extent to which offenders it has assessed as
chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment
programs.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes
2006, section 241.018, is amended to read:
241.018 PER DIEM CALCULATION.
Subdivision 1. State correctional facilities. (a) The commissioner of
corrections shall develop a uniform method to calculate the average
department-wide per diem cost of incarcerating offenders at state adult
correctional facilities. In addition to other costs currently factored into the
per diem, it must include an appropriate percentage of capitol costs for all
adult correctional facilities and 65 percent of the department's management
services budget.
(b) The commissioner also
shall use this method of calculating per diem costs for offenders in each state
adult correctional facility. When calculating the per diem cost of incarcerating
offenders at a particular facility, the commissioner shall include an
appropriate percentage of capital costs for the facility and an appropriate
prorated amount, given the facility's population, of 65 percent of the
department's management services budget.
(c) The commissioner shall
ensure that these new per diem methods are used in all future annual
performance reports to the legislature and are also reflected in the
department's biennial budget document.
Subd. 2. Local correctional facilities. (a) The commissioner of
corrections shall develop a uniform method to calculate the average per diem
cost of incarcerating offenders in county and regional jail facilities licensed
by the commissioner under section 241.021, subdivision 1, paragraph (a).
(b) Each county and regional
jail in the state must annually provide the commissioner with a per diem
calculation based on the formula the commissioner promulgates pursuant to
paragraph (a).
(c) The commissioner shall
include the county and regional jail per diem data collected under paragraph
(b) in the Department of Correction's annual performance report to the
legislature mandated by section 241.016.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. Minnesota Statutes
2006, section 241.27, subdivision 1, is amended to read:
Subdivision 1. Establishment of Minnesota correctional
industries; MINNCOR industries. For the purpose of providing
adequate, regular and suitable employment, vocational educational training,
and to aid the inmates of state correctional facilities, the commissioner of
corrections may establish, equip, maintain and operate at any correctional
facility under the commissioner's control such industrial and commercial
activities as may be deemed necessary and suitable to the profitable
employment, vocational educational training and development of
proper work habits of the inmates of state correctional facilities. The
industrial and commercial activities authorized by this section are
designated MINNCOR industries and shall be for the primary purpose of sustaining
and ensuring MINNCOR industries' self-sufficiency, providing vocational
educational training, meaningful employment and the teaching of proper
work habits to the inmates of correctional facilities under the control of the
commissioner of corrections, and not solely as competitive business
ventures. The net profits from these activities shall be used for the
benefit of the inmates as it relates to education, self-sufficiency skills, and
transition services and not to fund non-inmate-related activities or mandates. Prior
to the establishment of any industrial and commercial activity, the
commissioner of corrections may consult with representatives of business,
industry, organized labor, the state
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Department of Education, the
state Apprenticeship Council, the state Department of Labor and Industry, the
Department of Employment Security, the Department of Administration, and such
other persons and bodies as the commissioner may feel are qualified to
determine the quantity and nature of the goods, wares, merchandise and services
to be made or provided, and the types of processes to be used in their manufacture,
processing, repair, and production consistent with the greatest opportunity for
the reform and vocational educational training of the inmates,
and with the best interests of the state, business, industry and labor.
The commissioner of
corrections shall, at all times in the conduct of any industrial or commercial
activity authorized by this section, utilize inmate labor to the greatest
extent feasible, provided, however, that the commissioner may employ all
administrative, supervisory and other skilled workers necessary to the proper
instruction of the inmates and the profitable and efficient operation of the
industrial and commercial activities authorized by this section.
Additionally, the
commissioner of corrections may authorize the director of any correctional
facility under the commissioner's control to accept work projects from outside
sources for processing, fabrication or repair, provided that preference shall
be given to the performance of such work projects for state departments and
agencies.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 7. Minnesota Statutes
2006, section 241.27, subdivision 2, is amended to read:
Subd. 2. Revolving fund; use of fund. There is established
in the Department of Corrections under the control of the commissioner of
corrections the Minnesota correctional industries revolving fund to which shall
be transferred the revolving funds authorized in Minnesota Statutes 1978,
sections 243.41 and 243.85, clause (f), and any other industrial revolving
funds heretofore established at any state correctional facility under the
control of the commissioner of corrections. The revolving fund established
shall be used for the conduct of the industrial and commercial activities now
or hereafter established at any state correctional facility, including but not
limited to the purchase of equipment, raw materials, the payment of salaries,
wages and other expenses necessary and incident thereto. The purchase of services,
materials, and commodities used in and held for resale are
not subject to the competitive bidding procedures of section 16C.06, but are
subject to all other provisions of chapters 16B and 16C. When practical,
purchases must be made from small targeted group businesses designated under
section 16C.16. Additionally, the expenses of inmate vocational
educational training, self-sufficiency skills, transition services,
and the inmate release fund may be financed from the correctional industries
revolving fund in an amount to be determined by the commissioner or the
MINNCOR chief executive officer as duly appointed by the commissioner. The
proceeds and income from all industrial and commercial activities conducted at
state correctional facilities shall be deposited in the correctional industries
revolving fund subject to disbursement as hereinabove provided. The
commissioner of corrections may request that money in the fund be invested
pursuant to section 11A.25; the proceeds from the investment not currently
needed shall be accounted for separately and credited to the fund.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 8. Minnesota Statutes
2006, section 241.27, subdivision 3, is amended to read:
Subd. 3. Disbursement from fund. The
correctional industries revolving fund shall be deposited in the state treasury
and paid out only on proper vouchers as may be authorized and approved by the
commissioner of corrections, and in the same manner and under the same
restrictions as are now provided by law for the disbursement of funds by the
commissioner. An amount deposited in the state treasury equal to six months
of net operating cash as determined by the prior 12 months of revenue and cash
flow statements, shall be restricted for use only by correctional industries as
described under subdivision 2. For purposes of this subdivision, "net
operating cash" means net income minus sales plus cost of goods sold. Cost
of goods sold include all direct costs of
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correctional industry
products attributable to their production. The commissioner of corrections is authorized
to keep and maintain at any correctional facility under the commissioner's
control a contingent fund, as provided in section 241.13; but the contingent
fund shall at all times be covered and protected by a proper and sufficient
bond to be duly approved as by law now provided.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006,
section 241.27, subdivision 4, is amended to read:
Subd. 4. Revolving fund; borrowing. The
commissioner of corrections is authorized, when in the commissioner's judgment
it becomes necessary in order to meet current demands on the correctional
industries revolving fund, to borrow sums of money as may be necessary. The
sums so borrowed shall not exceed, in any one year, 50 percent of the total
of the net worth of correctional industries six months of net operating
cash as determined by the previous 12 months of the correctional industries'
revenue and cash flow statements.
When the commissioner of
corrections shall certify to the commissioner of finance that, in the
commissioner's judgment, it is necessary to borrow a specified sum of money in
order to meet the current demands on the correctional industries revolving
fund, and the commissioner of finance may, in the commissioner's discretion,
transfer and credit to the correctional industries revolving fund, from any
moneys in the state treasury not required for immediate disbursement, the whole
or such part of the amount so certified as they deem advisable, which sum so
transferred shall be repaid by the commissioner from the revolving fund to the
fund from which transferred, at such time as shall be specified by the
commissioner of finance, together with interest thereon at such rate as shall
be specified by the commissioner of finance, not exceeding four percent per
annum. When any transfer shall so have been made to the correctional industries
revolving fund, the commissioner of finance shall notify the commissioner of
corrections of the amount so transferred to the credit of the correctional
industries revolving fund, the date when the same is to be repaid, and the rate
of interest so to be paid.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 10. Minnesota Statutes
2006, section 241.278, is amended to read:
241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.
The commissioner of corrections,
in the interest of inmate rehabilitation or to promote programs under
section 241.275, subdivision 2, may enter into interagency agreements with
state, county, or municipal agencies, or contract with nonprofit agencies to manage,
fund, or partially fund the cost of programs that use state or
county jail inmates as a work force. The commissioner is authorized to receive
funds via these agreements and these funds are appropriated to the commissioner
for community service programming or when prison industries are party to the
agreement, shall be deposited in the Minnesota correctional industries
revolving fund for use as described under section 241.27, subdivision 2.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 11. Minnesota Statutes
2006, section 241.69, subdivision 3, is amended to read:
Subd. 3. Transfer. If the licensed mental health
professional finds the person to be a person who is mentally ill and in need of
short-term care, the examining licensed mental health care
professional may recommend transfer by the commissioner of corrections to the
mental health unit established pursuant to subdivision 1.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 12. Minnesota Statutes
2006, section 241.69, subdivision 4, is amended to read:
Subd. 4. Commitment. If the examining health
care professional or licensed mental health professional finds the person to
be a person who is mentally ill and in need of long-term care in a hospital, or
if an inmate transferred pursuant to subdivision 3 refuses to voluntarily
participate in the treatment program at the mental health unit, the director of
psychological services of the institution or the mental health professional
shall initiate proceedings for judicial commitment as provided in section
253B.07. Upon the recommendation of the licensed mental health professional and
upon completion of the hearing and consideration of the record, the court may
commit the person to the mental health unit established in subdivision 1 or to
another hospital. A person confined in a state correctional institution for
adults who has been adjudicated to be a person who is mentally ill and in need
of treatment may be committed to the commissioner of corrections and placed in
the mental health unit established in subdivision 1.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 13. Minnesota Statutes
2006, section 268.19, subdivision 1, is amended to read:
Subdivision 1. Use of data. (a) Except as otherwise
provided by this section, data gathered from any person pursuant to the
administration of the Minnesota Unemployment Insurance Law are private data on
individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except pursuant to a district
court order or section 13.05. A subpoena shall not be considered a district
court order. These data may be disseminated to and used by the following
agencies without the consent of the subject of the data:
(1) state and federal
agencies specifically authorized access to the data by state or federal law;
(2) any agency of any other state
or any federal agency charged with the administration of an unemployment
insurance program;
(3) any agency responsible
for the maintenance of a system of public employment offices for the purpose of
assisting individuals in obtaining employment;
(4) human rights agencies
within Minnesota that have enforcement powers;
(5) the Department of
Revenue only to the extent necessary for its duties under Minnesota laws;
(6) public and private
agencies responsible for administering publicly financed assistance programs
for the purpose of monitoring the eligibility of the program's recipients;
(7) the Department of Labor
and Industry and the Division of Insurance Fraud Prevention in the Department
of Commerce on an interchangeable basis with the department for uses consistent
with the administration of their duties under Minnesota law;
(8) local and state welfare
agencies for monitoring the eligibility of the data subject for assistance
programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in
conjunction with the department or to monitor and evaluate the statewide
Minnesota family investment program by providing data on recipients and former
recipients of food stamps or food support, cash assistance under chapter 256,
256D, 256J, or 256K, child care assistance under chapter 119B, or medical
programs under chapter 256B, 256D, or 256L;
(9) local and state welfare
agencies for the purpose of identifying employment, wages, and other
information to assist in the collection of an overpayment debt in an assistance
program;
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(10) local, state, and
federal law enforcement agencies for the sole purpose of ascertaining the last
known address and employment location of a person who is the subject of a
criminal investigation;
(11) the federal Immigration
and Naturalization Service shall have access to data on specific individuals
and specific employers provided the specific individual or specific employer is
the subject of an investigation by that agency; and
(12) the Department of
Health solely for the purposes of epidemiologic investigations; and
(13) the Department of
Corrections for the purpose of postconfinement employment tracking.
(b) Data on individuals and
employers that are collected, maintained, or used by the department in an
investigation pursuant to section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02,
subdivisions 3 and 13, and must not be disclosed except pursuant to statute or
district court order or to a party named in a criminal proceeding,
administrative or judicial, for preparation of a defense.
(c) Data gathered by the
department pursuant to the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any
civil proceedings, administrative or judicial, unless the action is initiated
by the department.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 14. Minnesota Statutes
2006, section 383A.08, subdivision 6, is amended to read:
Subd. 6. Rules and regulations. The county may
promulgate rules and regulations for the proper operation and maintenance of
each facility and the proper care and discipline of inmates detained in the
facility. These rules and regulations may, among other things, provide for the
diminution of sentences of inmates for good behavior, but in no event to
exceed a total of five days for each 30 day sentence in accordance with
section 643.29.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 15. Minnesota Statutes
2006, section 383A.08, subdivision 7, is amended to read:
Subd. 7. Confinement of inmates from other counties.
The county may accept an inmate for confinement at a county correction facility
when the inmate is committed to the facility by order of a judge of a
municipality or county outside Ramsey County if the county is paid the amount
of compensation for board, confinement, and maintenance of the inmate
that it determines. No compensation of this kind may be in an amount less
than the actual per diem cost per person confined. A county outside Ramsey
County or a municipality outside Ramsey County may enter into and agree with
Ramsey County for the incarceration of prisoners.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 16. Minnesota Statutes
2006, section 401.15, subdivision 1, is amended to read:
Subdivision 1. Certified statements; determinations;
adjustments. On or before Within 60 days of the end of each
calendar quarter, participating counties which have received the payments
authorized by section 401.14 shall submit to the commissioner certified
statements detailing the amounts expended and costs incurred in furnishing the
correctional services provided in sections 401.01 to 401.16. Upon receipt of
certified statements, the commissioner shall, in the manner provided in sections
401.10 and 401.12, determine the amount each participating county is entitled
to receive, making any adjustments necessary to rectify any disparity between
the amounts received
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pursuant to the estimate
provided in section 401.14 and the amounts actually expended. If the amount
received pursuant to the estimate is greater than the amount actually expended
during the quarter, the commissioner may withhold the difference from any
subsequent monthly payments made pursuant to section 401.14. Upon certification
by the commissioner of the amount a participating county is entitled to receive
under the provisions of section 401.14 or of this subdivision the commissioner
of finance shall thereupon issue a state warrant to the chief fiscal officer of
each participating county for the amount due together with a copy of the
certificate prepared by the commissioner.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 17. Minnesota Statutes
2006, section 641.15, is amended by adding a subdivision to read:
Subd. 3a. Intake procedure; approved mental health screening. As
part of its intake procedure for new prisoners, the sheriff or local
corrections shall use a mental health screening tool approved by the
commissioner of corrections in consultation with the commissioner of human
services and local corrections staff to identify persons who may have mental
illness.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 18. Minnesota Statutes
2006, section 641.265, subdivision 2, is amended to read:
Subd. 2. Withdrawal. A county board may withdraw
from cooperation in a regional jail system if the county boards of all of
the other cooperating counties decide, by majority vote, to allow the
withdrawal in accordance with the terms of a joint powers agreement.
With the approval of the county board of each cooperating county, the regional
jail board shall fix the sum, if any, to be paid to the county withdrawing, to
reimburse it for capital cost, debt service, or lease rental payments made by
the county prior to withdrawal, in excess of its proportionate share of
benefits from the regional jail prior to withdrawal, and the time and manner of
making the payments. The payments shall be deemed additional payments of
capital cost, debt service, or lease rentals to be made proportionately by the
remaining counties and, when received, shall be deposited in and paid from the
regional jail fund; provided that:
(a) (1) payments shall
not be made from any amounts in the regional jail fund which are needed for
maintenance and operation expenses or lease rentals currently due and payable;
and
(b) (2) the withdrawing
county shall remain obligated for the payment of its proportionate share of any
lease rentals due and payable after its withdrawal, in the event and up to the
amount of any lease payment not made when due by one or more of the other
cooperating counties.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 19. DISCIPLINARY CONFINEMENT; PROTOCOL.
The commissioner of
corrections shall develop a protocol that is fair, firm, and consistent so that
inmates have an opportunity to be released from disciplinary confinement in a
timely manner. For those inmates in disciplinary confinement who are nearing
the inmate's release date, the commissioner of corrections shall develop a
reentry plan.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 20. REPEALER.
Minnesota Statutes 2006, sections
241.021, subdivision 5; 241.85, subdivision 2; and 242.193, subdivision 2, are
repealed.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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ARTICLE 7
PUBLIC SAFETY
Section 1. Minnesota
Statutes 2006, section 13.82, subdivision 27, is amended to read:
Subd. 27. Pawnshop and scrap metal dealer data.
Data that would reveal the identity of persons who are customers of a licensed
pawnbroker or, secondhand goods dealer, or a scrap metal
dealer are private data on individuals. Data describing the property in a
regulated transaction with a licensed pawnbroker or, secondhand
goods dealer, or a scrap metal dealer are public.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 243.167, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section,
"crime against the person" means a violation of any of the following
or a similar law of another state or of the United States: section 609.165;
609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231;
609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247;
609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2;
609.498, subdivision 1; 609.582, subdivision 1; or 617.23, subdivision 2; or
any felony-level violation of section 609.229; 609.377; 609.749; or 624.713.
EFFECTIVE DATE. This section is effective
the day following final enactment, and applies retroactively to crimes
committed on or after August 1, 2005.
Sec. 3. Minnesota Statutes
2006, section 297I.06, subdivision 3, is amended to read:
Subd. 3. Fire safety account, annual transfers, allocation.
A special account, to be known as the fire safety account, is created in the
state treasury. The account consists of the proceeds under subdivisions 1 and
2. $468,000 in fiscal year 2008 and $2,268,000 in each year thereafter is
transferred from the fire safety account in the special revenue fund to the
general fund to offset the loss of revenue caused by the repeal of the one-half
of one percent tax on fire insurance premiums. The general fund base
appropriation for the fire marshal program is reduced by $2,832,000 in fiscal
year 2008 and each year thereafter. The base funding for the fire marshal
program from the fire safety account in the special revenue fund shall be
$2,832,000 in fiscal year 2008 and each year thereafter.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 299A.641, subdivision 2, is amended to read:
Subd. 2. Membership. The oversight council shall
consist of the following individuals or their designees:
(1) the director of the office
of special investigations as the representative of the commissioner of
corrections;
(2) the superintendent of
the Bureau of Criminal Apprehension as the representative of the commissioner
of public safety;
(3) the attorney general;
(4) eight chiefs of police,
selected by the Minnesota Chiefs of Police Association, two of which must be
selected from cities with populations greater than 200,000;
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(5) eight sheriffs, selected
by the Minnesota Sheriffs Association to represent each district, two of which
must be selected from counties with populations greater than 500,000;
(6) the United States
attorney for the district of Minnesota;
(7) two county attorneys, selected
by the Minnesota County Attorneys Association;
(8) a command-level
representative of a gang strike force;
(9) a representative from a
drug task force, selected by the Minnesota State Association of Narcotics
Investigators;
(10) a representative from
the United States Drug Enforcement Administration;
(11) a representative from
the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from
the Federal Bureau of Investigation;
(13) a tribal peace officer,
selected by the Minnesota Tribal Law Enforcement Association; and
(14) two additional members
who may be selected by the oversight council;
(15) a senator who serves on
the committee having jurisdiction over criminal justice policy, chosen by the
Subcommittee on Committees of the senate Committee on Rules and Administration;
and
(16) a representative who
serves on the committee having jurisdiction over criminal justice policy,
chosen by the speaker of the house of representatives.
The oversight council may
adopt procedures to govern its conduct as necessary and may select a chair from
among its members. The legislative members of the council may not vote on
matters before the council.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006,
section 299A.681, subdivision 2, is amended to read:
Subd. 2. Membership. The oversight council
consists of the following individuals, or their designees:
(1) the commissioner of
public safety;
(2) the attorney general;
(3) two chiefs of police, selected
by the Minnesota Chiefs of Police Association from police departments that
participate in the Minnesota Financial Crimes Task Force;
(4) two sheriffs, selected
by the Minnesota Sheriffs Association from sheriff departments that participate
in the task force;
(5) the United States
attorney for the district of Minnesota;
(6) a county attorney,
selected by the Minnesota County Attorneys Association;
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(7) a representative from
the United States Postal Inspector's Office, selected by the oversight council;
(8) a representative from a
not-for-profit retail merchants industry, selected by the oversight council;
(9) a representative from a not-for-profit
banking and credit union industry, selected by the oversight council;
(10) a representative from a
not-for-profit association representing senior citizens, selected by the
oversight council;
(11) the statewide commander
of the task force;
(12) a representative from
the Board of Public Defense, selected by the board; and
(13) two additional members
selected by the oversight council;
(14) a senator who serves on
the committee having jurisdiction over criminal justice policy, chosen by the Subcommittee
on Committees of the senate Committee on Rules and Administration; and
(15) a representative who
serves on the committee having jurisdiction over criminal justice policy,
chosen by the speaker of the house of representatives.
The oversight council may
adopt procedures to govern its conduct and shall select a chair from among its
members. The legislative members of the council may not vote on matters
before the council.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. Minnesota Statutes
2006, section 299A.681, is amended by adding a subdivision to read:
Subd. 13. Report required. By February 1 of each year, the
oversight council shall report to the chairs and ranking minority members of
the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding on the activities of the
council and task force. At a minimum, this annual report must include:
(1) a description of the
council's and task force's goals for the previous year and for the coming year;
(2) a description of the
outcomes the council and task force achieved or did not achieve during the
preceding year and a description of the outcomes they will seek to achieve
during the coming year;
(3) any legislative recommendations
the council or task force has including, where necessary, a description of the
specific legislation needed to implement the recommendations;
(4) a detailed accounting of
how appropriated money, grants, and in-kind contributions were spent; and
(5) a detailed accounting of
the grants awarded under this section.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 7. [299C.25] SCRAP METAL DEALERS; EDUCATIONAL MATERIALS.
(a) The superintendent shall
develop educational materials relating to the laws governing scrap metal
dealers, including, but not limited to, applicable laws addressing receiving
stolen property and the provisions of section 325E.21. In addition, the
materials must address the proper use of the criminal alert network under
section 299A.61, and must include a glossary of the terms used by law
enforcement agencies to describe items of scrap metal that are different from
the terms used in the scrap metal industry to describe those same items.
(b) In developing the
materials under paragraph (a), the superintendent shall seek the advice of
scrap metal trade associations, Minnesota scrap metal dealers, and law
enforcement agencies.
(c) The superintendent shall
distribute the materials developed in paragraph (a) to all scrap metal dealers
registered with the criminal alert network.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 8. Minnesota Statutes 2006,
section 299C.65, subdivision 2, is amended to read:
Subd. 2. Task force. (a) The policy group
shall appoint A task force to shall assist them the
policy group in their its duties. The task force shall
monitor, review, and report to the policy group on CriMNet-related projects and
provide oversight to ongoing operations as directed by the policy group. The
task force shall consist of the following members:
(1) two sheriffs
recommended members appointed by the Minnesota Sheriffs Association,
at least one of whom must be a sheriff;
(2) two police chiefs
recommended members appointed by the Minnesota Chiefs of Police
Association, at least one of whom must be a chief of police;
(3) two county attorneys
recommended members appointed by the Minnesota County Attorneys
Association, at least one of whom must be a county attorney;
(4) two city attorneys
recommended members appointed by the Minnesota League of Cities
representing the interests of city attorneys, at least one of whom must be a
city attorney;
(5) two public defenders
members appointed by the Board of Public Defense, at least one of whom
must be a public defender;
(6) two district judges
appointed by the Judicial Council, one of whom is currently assigned to the
juvenile court at least one of whom has experience dealing with juvenile
court matters;
(7) two community
corrections administrators recommended appointed by the Minnesota
Association of Counties, representing the interests of local
corrections, at least one of whom represents a community corrections act
county;
(8) two probation officers
appointed by the commissioner of corrections in consultation with the president
of the Minnesota Association of Community Corrections Act Counties and the
president of the Minnesota Association of County Probation Officers;
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(9) four public members
appointed by the governor for a term of six years, one of whom has been
a victim of crime represents the interests of victims, and two who
of whom are representatives of the private business community who have
expertise in integrated information systems and who for the purpose of meetings
of the full task force may be compensated pursuant to section 15.059;
(10) two court
administrators members appointed by the Minnesota Association for Court
Management, at least one of whom must be a court administrator;
(11) one member of the house
of representatives appointed by the speaker of the house, or an alternate
who is also a member of the house, appointed by the speaker of the house;
(12) one member of the
senate appointed by the majority leader, or an alternate who is also a
member of the senate, appointed by the majority leader of the senate;
(13) one member appointed
by the attorney general or a designee;
(14) two individuals
recommended elected officials appointed by the Minnesota League of
Cities, one of whom works or resides in greater Minnesota and one of whom works
or resides in the seven-county metropolitan area;
(15) two individuals
recommended elected officials appointed by the Minnesota Association
of Counties, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(16) the director of the
Sentencing Guidelines Commission or a designee;
(17) one member appointed by
the state chief information officer;
(18) one member appointed by
the commissioner of public safety;
(19) one member appointed by
the commissioner of corrections;
(20) one member appointed by
the commissioner of administration; and
(21) one member appointed by
the chief justice of the Supreme Court.
(b) In making these
appointments, the appointing authority shall select members with expertise in
integrated data systems or best practices.
(c) The commissioner of
public safety may appoint additional, nonvoting members to the task force as
necessary from time to time.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006,
section 299C.65, subdivision 5, is amended to read:
Subd. 5. Review of funding and grant requests.
(a) The Criminal and Juvenile Justice Information Policy Group shall review the
funding requests for criminal justice information systems from state, county,
and municipal government agencies. The policy group shall review the requests
for compatibility to statewide criminal justice information system standards.
The review shall be forwarded to the chairs and ranking minority members of the
house and senate committees and divisions with jurisdiction over criminal
justice funding and policy.
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(b) The CriMNet program
office, in consultation with the Criminal and Juvenile Justice Information Task
Force and with the approval of the policy group, shall create the requirements
for any grant request and determine the integration priorities for the grant
period. The CriMNet program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems standards.
(c) The task force shall
review funding requests for criminal justice information systems grants and
make recommendations to the policy group. The policy group shall review the
recommendations of the task force and shall make a final recommendation for
criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal
grants, the commissioner of public safety shall make grants for projects that
have been recommended by the policy group.
(d) The policy group may
approve grants only if the applicant provides an appropriate share of matching
funds as determined by the policy group to help pay up to one-half of the costs
of the grant request. The matching requirement must be constant for all counties
applicants within each grant offering. The policy group shall adopt
policies concerning the use of in-kind resources to satisfy the match
requirement and the sources from which matching funds may be obtained. Local
operational or technology staffing costs may be considered as meeting this
match requirement. Each grant recipient shall certify to the policy group that
it has not reduced funds from local, county, federal, or other sources which,
in the absence of the grant, would have been made available to the grant
recipient to improve or integrate criminal justice technology.
(e) All grant recipients
shall submit to the CriMNet program office all requested documentation
including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration priorities.
The CriMNet program office shall establish the recipient's reporting dates at
the time funds are awarded.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 10. [299F.850] CIGARETTE FIRE SAFETY
DEFINITIONS.
Subdivision 1. Scope. The terms used in sections 299F.850 to 299F.859
have the meanings given them in this section.
Subd. 2. Agent. "Agent" means any person licensed by the
commissioner of revenue to purchase and affix adhesive or meter stamps on
packages of cigarettes.
Subd. 3. Cigarette. "Cigarette" means any roll for smoking
made wholly or in part of tobacco, the wrapper or cover of which is made of
paper or any other substance or material except tobacco.
Subd. 4. Manufacturer. "Manufacturer" means:
(1) any entity that
manufactures or otherwise produces cigarettes or causes cigarettes to be
manufactured or produced anywhere that the manufacturer intends to be sold in
the state, including cigarettes intended to be sold in the United States
through an importer;
(2) the first purchaser
anywhere that intends to resell in the United States cigarettes manufactured
anywhere that the original manufacturer or maker does not intend to be sold in
the United States; or
(3) any entity that becomes
a successor of an entity described in clause (1) or (2).
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Subd. 5. Quality control and quality assurance program. "Quality
control and quality assurance program" means the laboratory procedures
implemented to ensure that operator bias, systematic and nonsystematic methodological
errors, and equipment-related problems do not affect the results of the
testing. This program ensures that the testing repeatability remains within the
required repeatability values stated in section 299F.851, subdivision 1,
paragraph (g), for all test trials used to certify cigarettes in accordance
with sections 299F.850 to 299F.859.
Subd. 6. Repeatability. "Repeatability" means the range
of values within which the repeat results of cigarette test trials from a
single laboratory will fall 95 percent of the time.
Subd. 7. Retail dealer. "Retail dealer" means any
person, other than a wholesale dealer, engaged in selling cigarettes or tobacco
products.
Subd. 8. Sale. "Sale" means any transfer of title or
possession or both, exchange or barter, conditional or otherwise, in any manner
or by any means whatever or any agreement therefore. In addition to cash and
credit sales, the giving of cigarettes as samples, prizes, or gifts and the
exchanging of cigarettes for any consideration other than money, are considered
sales.
Subd. 9. Sell. "Sell" means to make a sale or to offer
or agree to make a sale.
Subd. 10. Wholesale dealer. "Wholesale dealer" means any
person who (1) sells cigarettes or tobacco products to retail dealers or other persons
for purposes of resale or (2) owns, operates, or maintains one or more
cigarette or tobacco product vending machines in, at, or upon premises owned or
occupied by any other person.
EFFECTIVE DATE. This section is effective
the first day of the 19th month following the date of its final enactment.
Sec. 11. [299F.851] TEST METHOD AND PERFORMANCE
STANDARD.
Subdivision 1. Requirements. (a) Except as provided in this subdivision,
no cigarettes may be sold or offered for sale in this state or offered for sale
or sold to persons located in this state unless (1) the cigarettes have been
tested in accordance with the test method and have met the performance standard
specified in this section, (2) a written certification has been filed by the
manufacturer with the state fire marshal in accordance with section 299F.852,
and (3) the cigarettes have been marked in accordance with section 299F.853.
(b) Testing of cigarettes
must be conducted in accordance with the American Society of Testing and
Materials (ASTM) Standard E2187-04, "Standard Test Method for Measuring
the Ignition Strength of Cigarettes."
(c) Testing must be
conducted on ten layers of filter paper.
(d) No more than 25 percent
of the cigarettes tested in a test trial in accordance with this section may
exhibit full-length burns. Forty replicate tests comprise a complete test trial
for each cigarette tested.
(e) The performance standard
required by this subdivision must only be applied to a complete test trial.
(f) Written certifications
must be based upon testing conducted by a laboratory that has been accredited
pursuant to standard ISO/IEC 17025 of the International Organization for
Standardization (ISO), or other comparable accreditation standard required by the
state fire marshal.
(g) Laboratories conducting
testing in accordance with this section shall implement a quality control and
quality assurance program that includes a procedure that will determine the
repeatability of the testing results. The repeatability value must be no
greater than 0.19.
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(h) This subdivision does
not require additional testing if cigarettes are tested consistent with
sections 299F.850 to 299F.859 for any other purpose.
(i) Testing performed or
sponsored by the state fire marshal to determine a cigarette's compliance with
the performance standard required must be conducted in accordance with this
section.
Subd. 2. Permeability bands. Each cigarette listed in a
certification submitted pursuant to section 299F.852 that uses lowered
permeability bands in the cigarette paper to achieve compliance with the
performance standard set forth in this section must have at least two nominally
identical bands on the paper surrounding the tobacco column. At least one
complete band must be located at least 15 millimeters from the lighting end of
the cigarette. For cigarettes on which the bands are positioned by design,
there must be at least two bands fully located at least 15 millimeters from the
lighting end and ten millimeters from the filter end of the tobacco column, or
ten millimeters from the labeled end of the tobacco column for nonfiltered
cigarettes.
Subd. 3. Equivalent test methods. A manufacturer of a cigarette
that the state fire marshal determines cannot be tested in accordance with the
test method prescribed in subdivision 1, paragraph (b), shall propose a test
method and performance standard for the cigarette to the state fire marshal. Upon
approval of the proposed test method and a determination by the state fire
marshal that the performance standard proposed by the manufacturer is
equivalent to the performance standard prescribed in subdivision 1, paragraph
(d), the manufacturer may employ such test method and performance standard to
certify the cigarette pursuant to section 299F.852. If the state fire marshal
determines that another state has enacted reduced cigarette ignition propensity
standards that include a test method and performance standard that are the same
as those contained in this subdivision, and the state fire marshal finds that
the officials responsible for implementing those requirements have approved the
proposed alternative test method and performance standard for a particular
cigarette proposed by a manufacturer as meeting the fire safety standards of
that state's law or regulation under a legal provision comparable to this
subdivision, then the state fire marshal shall authorize that manufacturer to
employ the alternative test method and performance standard to certify that
cigarette for sale in this state, unless the state fire marshal demonstrates a
reasonable basis why the alternative test should not be accepted under sections
299F.850 to 299F.859. All other applicable requirements of this section apply
to the manufacturer.
Subd. 4. Civil penalty. Each manufacturer shall maintain copies of
the reports of all tests conducted on all cigarettes offered for sale for a
period of three years, and shall make copies of these reports available to the
state fire marshal and the attorney general upon written request. Any
manufacturer who fails to make copies of these reports available within 60 days
of receiving a written request is subject to a civil penalty not to exceed $10,000
for each day after the 60th day that the manufacturer does not make such copies
available.
Subd. 5. Future ASTM Standards. The state fire marshal may, by
written order published in the State Register, adopt a subsequent ASTM Standard
Test Method for Measuring the Ignition Strength of Cigarettes upon a finding
that the subsequent method does not result in a change in the percentage of
full-length burns exhibited by any tested cigarette when compared to the
percentage of full-length burns the same cigarette would exhibit when tested in
accordance with ASTM Standard E2187-04 and the performance standard in
subdivision 1, paragraph (d). A determination by the state fire marshal under
this subdivision is exempt from the rulemaking provisions of chapter 14, and
section 14.386 does not apply.
Subd. 6. Report to legislature. The state fire marshal shall
review the effectiveness of this section and report findings every three years
to the legislature and, if appropriate, make recommendations for legislation to
improve the effectiveness of this section. The report and legislative
recommendations must be submitted no later than January 2 of each three-year
period.
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Subd. 7. Inventory before state standards. The requirements of
subdivision 1 do not prohibit wholesale or retail dealers from selling their
existing inventory of cigarettes on or after the effective date of this section
if the wholesale or retail dealer can establish that state tax stamps were
affixed to the cigarettes before the effective date of this section, and if the
wholesale or retail dealer can establish that the inventory was purchased
before the effective date of this section in comparable quantity to the
inventory purchased during the same period of the previous year.
Subd. 8. Implementation. This section must be implemented in
accordance with the implementation and substance of the New York "Fire
Safety Standards for Cigarettes."
EFFECTIVE DATE. This section is
effective the first day of the 19th month following the date of its final
enactment.
Sec. 12. [299F.852] CERTIFICATION AND PRODUCT
CHANGE.
Subdivision 1. Attestation. Each manufacturer shall submit to the state fire
marshal a written certification attesting that each cigarette listed in the
certification:
(1) has been tested in
accordance with section 299F.851; and
(2) meets the performance
standard set forth in section 299F.851, subdivision 1, paragraph (d).
Subd. 2. Description. Each cigarette listed in the certification
must be described with the following information:
(1) brand or trade name on
the package;
(2) style, such as light or
ultra light;
(3) length in millimeters;
(4) circumference in
millimeters;
(5) flavor, such as menthol
or chocolate, if applicable;
(6) filter or nonfilter;
(7) package description,
such as soft pack or box;
(8) marking approved in
accordance with section 299F.853;
(9) the name, address, and
telephone number of the laboratory, if different than the manufacturer that
conducted the test; and
(10) the date that the
testing occurred.
Subd. 3. Information availability. The certifications must be made
available to the attorney general for purposes consistent with this section and
the commissioner of revenue for the purposes of ensuring compliance with this
subdivision.
Subd. 4. Recertification. Each cigarette certified under this
subdivision must be recertified every three years.
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Subd. 5. Fee. For each cigarette listed in a certification, a
manufacturer shall pay to the state fire marshal a $250 fee, to be deposited in
the reduced cigarette ignition propensity account described in section
299F.857.
Subd. 6. Retesting. If a manufacturer has certified a cigarette
pursuant to this section, and thereafter makes any change to the cigarette that
is likely to alter its compliance with the reduced cigarette ignition
propensity standards required by sections 299F.850 to 299F.859, that cigarette
must not be sold or offered for sale in this state until the manufacturer
retests the cigarette in accordance with the testing standards set forth in
section 299F.851 and maintains records of that retesting as required by section
299F.851. Any altered cigarette that does not meet the performance standard set
forth in section 299F.851 may not be sold in this state.
EFFECTIVE DATE. This section is
effective the first day of the 19th month following the date of its final
enactment.
Sec. 13. [299F.853] MARKING AND CIGARETTE
PACKAGING.
(a) Cigarettes that are
certified by a manufacturer in accordance with section 299F.852 must be marked
to indicate compliance with the requirements of section 299F.851. The marking
must be in eight-point type or larger and consist of:
(1) modification of the
product UPC code to include a visible mark printed at or around the area of the
UPC code, which may consist of alphanumeric or symbolic characters permanently
stamped, engraved, embossed, or printed in conjunction with the UPC;
(2) any visible combination
of alphanumeric or symbolic characters permanently stamped, engraved, or
embossed upon the cigarette package or cellophane wrap; or
(3) printed, stamped,
engraved, or embossed text that indicates that the cigarettes meet the
standards of sections 299F.850 to 299F.859.
(b) A manufacturer shall use
only one marking and shall apply this marking uniformly for all brands marketed
by that manufacturer and all packages, including but not limited to packs,
cartons, and cases.
(c) The state fire marshal
must be notified as to the marking that is selected.
(d) Prior to the
certification of any cigarette, a manufacturer shall present its proposed marking
to the state fire marshal for approval. Upon receipt of the request, the state
fire marshal shall approve or disapprove the marking offered, except that the
state fire marshal shall approve any marking in use and approved for sale in
New York pursuant to the New York "Fire Safety Standards for
Cigarettes." Proposed markings are deemed approved if the state fire
marshal fails to act within ten business days of receiving a request for
approval.
(e) No manufacturer shall
modify its approved marking unless the modification has been approved by the
state fire marshal in accordance with this section.
(f) Manufacturers certifying
cigarettes in accordance with section 299F.852 shall provide a copy of the
certifications to all wholesale dealers and agents to which they sell
cigarettes, and shall also provide sufficient copies of an illustration of the
package marking utilized by the manufacturer pursuant to this section for each
retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale
dealers and agents shall provide a copy of these package markings received from
manufacturers to all retail dealers to whom they sell cigarettes. Wholesale
dealers, agents, and retail dealers shall permit the state fire marshal, the
commissioner of revenue, the attorney general, and their employees to inspect
markings of cigarette packaging marked in accordance with this section.
EFFECTIVE DATE. This section is
effective the first day of the 19th month following the date of its final
enactment.
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Sec. 14. [299F.854] PENALTIES AND REMEDIES.
Subdivision 1. Wholesale. (a) A manufacturer, wholesale dealer, agent,
or any other person or entity who knowingly sells or offers to sell cigarettes,
other than through retail sale, in violation of section 299F.851 is liable to a
civil penalty:
(1) for a first offense, not
to exceed $10,000 per each sale of such cigarettes; and
(2) for a subsequent
offense, not to exceed $25,000 per each sale of such cigarettes.
(b) However, the penalty
against any such person or entity for a violation under paragraph (a) must not
exceed $100,000 during any 30-day period.
Subd. 2. Retail. (a) A retail dealer who knowingly sells
cigarettes in violation of section 299F.851 is liable to a civil penalty for a
first offense, not to exceed:
(1) $500, and for a
subsequent offense, not to exceed $2,000, per each sale or offer for sale of
such cigarettes, if the total number sold or offered for sale does not exceed
1,000 cigarettes; or
(2) $1,000, and for a
subsequent offense, not to exceed $5,000, per each sale or offer for sale of
such cigarettes, if the total number sold or offered for sale exceeds 1,000
cigarettes.
(b) However, the penalty
against any retail dealer must not exceed $25,000 during any 30-day period.
Subd. 3. False certification. In addition to any penalty
prescribed by law, any corporation, partnership, sole proprietor, limited
partnership, or association engaged in the manufacture of cigarettes that
knowingly makes a false certification pursuant to this subdivision is, for a
first offense, liable to a civil penalty of at least $75,000, and for a
subsequent offense a civil penalty not to exceed $250,000 for each false
certification.
Subd. 4. Violation of other provision. Any person violating any
other provision in sections 299F.850 to 299F.859 is liable to a civil penalty
for a first offense not to exceed $1,000, and for a subsequent offense a civil
penalty not to exceed $5,000, for each violation.
Subd. 5. Forfeiture. Cigarettes that have been sold or offered for
sale that do not comply with the performance standard required by section
299F.851 are subject to forfeiture under section 297F.21 and, upon judgment of
forfeiture, shall be destroyed; provided, however, that before destroying any
cigarettes seized in accordance with section 297F.21, which seizure is hereby
authorized, the true holder of the trademark rights in the cigarette brand must
be permitted to inspect the cigarette.
Subd. 6. Remedies. In addition to any other remedy provided by
law, the state fire marshal or attorney general may institute a civil action in
district court for a violation of this section, including petitioning for
injunctive relief or to recover any costs or damages suffered by the state
because of a violation under this section, including enforcement costs relating
to the specific violation and attorney fees. Each violation of sections
299F.850 to 299F.859 or of rules adopted under sections 299F.850 to 299F.859
constitutes a separate civil violation for which the state fire marshal or
attorney general may obtain relief.
EFFECTIVE DATE. This section is
effective the first day of the 19th month following the date of its final
enactment.
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Sec. 15. [299F.855] IMPLEMENTATION.
Subdivision 1. Rules. The commissioner of public safety, in consultation
with the state fire marshal, may adopt rules, pursuant to chapter 14, necessary
to effectuate the purposes of sections 299F.850 to 299F.859.
Subd. 2. Commissioner of revenue. The commissioner of revenue in
the regular course of conducting inspections of wholesale dealers, agents, and
retail dealers, as authorized under chapter 297F, may inspect cigarettes to
determine if the cigarettes are marked as required by section 299F.853. If the
cigarettes are not marked as required, the commissioner of revenue shall notify
the state fire marshal.
EFFECTIVE DATE. Subdivision 1 is
effective the day following final enactment. Subdivision 2 is effective the
first day of the 19th month following the date of its final enactment.
Sec. 16. [299F.856] INSPECTION.
To enforce sections 299F.850
to 299F.859, the attorney general and the state fire marshal may examine the
books, papers, invoices, and other records of any person in possession,
control, or occupancy of any premises where cigarettes are placed, stored,
sold, or offered for sale, as well as the stock of cigarettes on the premises.
Every person in the possession, control, or occupancy of any premises where
cigarettes are placed, sold, or offered for sale is hereby directed and
required to give the attorney general and the state fire marshal the means,
facilities, and opportunity for the examinations authorized by this section.
EFFECTIVE DATE. This section is
effective the first day of the 19th month following the date of its final
enactment.
Sec. 17. [299F.857] REDUCED CIGARETTE IGNITION
PROPENSITY ACCOUNT.
The reduced cigarette ignition propensity account is established in the state treasury. The account consists of all money r