Carlson from the Committee on Finance to which was
referred:
S. F. No. 1331, A bill for an act relating to
elections; moving the state primary from September to June and making
conforming changes; updating certain ballot and voting system requirements;
changing certain election administration provisions; authorizing early voting;
expanding requirements and authorizations for postsecondary institutions to
report resident student information to the secretary of state for voter
registration purposes; changing certain absentee ballot requirements and
provisions; requiring a special election for certain vacancies in nomination;
changing the special election requirements for vacancies in Congressional
offices; requiring an affidavit of candidacy to state the candidate's residence
address and telephone number; changing municipal precinct and ward boundary
requirements for certain cities; imposing additional requirements on polling
place challengers; changing certain caucus and campaign provisions; amending
Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322,
subdivision 1; 10A.323; 103C.305, subdivisions 1, 3; 135A.17, subdivision 2;
201.016, subdivisions 1a, 2; 201.022, subdivision 1; 201.056; 201.061,
subdivisions 1, 3; 201.071, subdivision 1; 201.091, by
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5635
adding a subdivision; 201.11; 201.12; 201.13; 202A.14,
subdivision 3; 203B.001; 203B.01, by adding a subdivision; 203B.02, subdivision
3; 203B.03, subdivision 1; 203B.04, subdivisions 1, 6; 203B.05; 203B.06,
subdivisions 3, 5; 203B.07, subdivisions 2, 3; 203B.08, subdivisions 2, 3, by
adding a subdivision; 203B.081; 203B.085; 203B.11, subdivision 1; 203B.12;
203B.125; 203B.16, subdivision 2; 203B.17, subdivision 1; 203B.19; 203B.21,
subdivision 2; 203B.22; 203B.225, subdivision 1; 203B.227; 203B.23, subdivision
2; 203B.24, subdivision 1; 203B.26; 204B.04, subdivisions 2, 3; 204B.06, by
adding a subdivision; 204B.07, subdivision 1; 204B.09, subdivisions 1, 3;
204B.11, subdivision 2; 204B.13, subdivisions 1, 2, by adding subdivisions;
204B.135, subdivisions 1, 3, 4; 204B.14, subdivisions 2, 3, 4, by adding a
subdivision; 204B.16, subdivision 1; 204B.18; 204B.21, subdivision 1; 204B.22,
subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, subdivision 2;
204B.33; 204B.35, subdivision 4; 204B.44; 204B.45, subdivision 2; 204B.46;
204C.02; 204C.04, subdivision 1; 204C.06, subdivision 1; 204C.07, subdivisions
3a, 4; 204C.08; 204C.10; 204C.12, subdivision 2; 204C.13, subdivisions 2, 3, 5,
6; 204C.17; 204C.19, subdivision 2; 204C.20, subdivisions 1, 2; 204C.21;
204C.22, subdivisions 3, 4, 6, 7, 10, 13; 204C.24, subdivision 1; 204C.25;
204C.26; 204C.27; 204C.28, subdivision 3; 204C.30, by adding subdivisions;
204C.33, subdivisions 1, 3; 204C.35, subdivisions 1, 2, by adding a
subdivision; 204C.36, subdivisions 1, 3, 4; 204C.37; 204D.03, subdivisions 1,
3; 204D.04, subdivision 2; 204D.05, subdivision 3; 204D.07; 204D.08; 204D.09,
subdivision 2; 204D.10, subdivisions 1, 3; 204D.11, subdivision 1; 204D.12;
204D.13; 204D.16; 204D.165; 204D.17; 204D.19; 204D.20, subdivision 1; 204D.25,
subdivision 1; 205.065, subdivisions 1, 2; 205.07, by adding a subdivision;
205.075, subdivision 1; 205.13, subdivisions 1, 1a, 2; 205.16, subdivisions 2,
3, 4; 205.17, subdivisions 1, 3, 4, 5; 205.185, subdivision 3, by adding a
subdivision; 205.84, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.05,
subdivisions 1, 2; 205A.06, subdivision 1a; 205A.07, subdivisions 2, 3;
205A.08, subdivisions 1, 3, 4; 205A.10, subdivisions 2, 3, by adding a
subdivision; 205A.11, subdivision 3; 206.56, subdivision 3; 206.57, subdivision
6; 206.82, subdivision 2; 206.83; 206.84, subdivision 3; 206.86, subdivision 6;
206.89, subdivisions 2, 3; 206.90, subdivisions 9, 10; 208.03; 208.04;
211B.045; 211B.11, by adding a subdivision; 211B.20, subdivisions 1, 2; 412.02,
subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 414.0325,
subdivisions 1, 4; 414.033, subdivision 7; 447.32, subdivision 4; Laws 2005,
chapter 162, section 34, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 202A; 203B; 204B; 204C; 204D; 205; 205A; repealing Minnesota
Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision 5; 203B.10;
203B.11, subdivision 2; 203B.13, subdivisions 1, 2, 3, 4; 203B.25; 204B.12,
subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.22, subdivision 3; 204B.36;
204B.37; 204B.38; 204B.39; 204B.41; 204B.42; 204C.07, subdivision 3; 204C.13,
subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05, subdivisions 1, 2;
204D.10, subdivision 2; 204D.11, subdivisions 2, 3, 4, 5, 6; 204D.14,
subdivisions 1, 3; 204D.15, subdivisions 1, 3; 204D.169; 204D.28; 205.17,
subdivision 2; 206.56, subdivision 5; 206.57, subdivision 7; 206.61,
subdivisions 1, 3, 4, 5; 206.62; 206.805, subdivision 2; 206.84, subdivisions
1, 6, 7; 206.86, subdivisions 1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7,
8; 206.91; Minnesota Rules, part 8230.4365, subpart 5.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE 1
ABSENTEE AND
EARLY VOTING
Section 1. Minnesota Statutes 2008, section 13.607,
subdivision 7, is amended to read:
Subd. 7. Absentee
ballots. Disclosure of names of
voters submitting absentee ballots is governed by section 203B.12,
subdivision 7 203B.121, subdivision 2.
Sec. 2. Minnesota Statutes 2008, section 201.022,
subdivision 1, is amended to read:
Journal of the
House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5636
Subdivision
1. Establishment. The secretary of state shall maintain a
statewide voter registration system to facilitate voter registration and to
provide a central database containing voter registration information from
around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:
(1) provide for
voters to submit their voter registration applications to any county auditor,
the secretary of state, or the Department of Public Safety;
(2) provide for
the definition, establishment, and maintenance of a central database for all
voter registration information;
(3) provide for
entering data into the statewide registration system;
(4) provide for
electronic transfer of completed voter registration applications from the
Department of Public Safety to the secretary of state or the county auditor;
(5) assign a
unique identifier to each legally registered voter in the state;
(6) provide for
the acceptance of the Minnesota driver's license number, Minnesota state
identification number, and last four digits of the Social Security number for
each voter record;
(7) coordinate
with other agency databases within the state;
(8) allow county
auditors and the secretary of state to add or modify information in the system
to provide for accurate and up-to-date records;
(9) allow county
auditors, municipal and school district clerks, and the secretary of state to
have electronic access to the statewide registration system for review and
search capabilities;
(10) provide
security and protection of all information in the statewide registration system
and ensure that unauthorized access is not allowed;
(11) provide
access to municipal clerks to use the system;
(12) provide a system
for each county to identify the precinct to which a voter should be assigned
for voting purposes;
(13) provide
daily reports accessible by county auditors on the driver's license numbers,
state identification numbers, or last four digits of the Social Security
numbers submitted on voter registration applications that have been verified as
accurate by the secretary of state; and
(14) provide
reports on the number of absentee ballots transmitted to and returned and cast
by voters under section 203B.16; and
(15) provide
rosters, master lists, and other reports necessary for early voting.
The appropriate
state or local official shall provide security measures to prevent unauthorized
access to the computerized list established under section 201.021.
Sec. 3. Minnesota Statutes 2008, section 203B.001, is
amended to read:
203B.001 ELECTION LAW APPLICABILITY.
The Minnesota
Election Law is applicable to voting by absentee ballot and early voting unless
otherwise provided in this chapter.
Journal of the
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Sec. 4. Minnesota Statutes 2008, section 203B.01, is
amended by adding a subdivision to read:
Subd. 5.
Early voting. "Early voting" means voting in
person before election day at the office of the county auditor or any other
location authorized in this chapter within the time period provided in section
203B.31.
Sec. 5. Minnesota Statutes 2008, section 203B.03,
subdivision 1, is amended to read:
Subdivision
1. Violation. No individual shall intentionally:
(a) make or
sign any false certificate required by this chapter;
(b) make any
false or untrue statement in any application for absentee ballots;
(c) apply for absentee
ballots more than once in any election with the intent to cast an illegal
ballot;
(d) exhibit a
ballot marked by that individual to any other individual;
(e) do any act
in violation of the provisions of this chapter for the purpose of casting an
illegal vote in any precinct or for the purpose of aiding another to cast an
illegal vote;
(f) use
information from absentee ballot or early voting materials or records
for purposes unrelated to elections, political activities, or law enforcement;
(g) provide
assistance to an absentee or early voter except in the manner provided
by section 204C.15, subdivision 1;
(h) solicit the
vote of an absentee or early voter while in the immediate presence of
the voter during the time the individual knows the absentee or early
voter is voting; or
(i) alter an
absentee ballot application after it has been signed by the voter, except by an
election official for administrative purposes.
Before
inspecting information from absentee ballot or early voting materials or
records, an individual shall provide identification to the public official
having custody of the material or information.
Sec. 6. Minnesota Statutes 2008, section 203B.04,
subdivision 1, is amended to read:
Subdivision
1. Application
procedures. Except as otherwise
allowed by subdivision 2 or by section 203B.11, subdivision 4, an application
for absentee ballots for any election may be submitted at any time not less
than one day before the day of that election.
The county auditor shall prepare absentee ballot application forms in
the format provided by the secretary of state, notwithstanding rules on
absentee ballot forms, and shall furnish them to any person on request. By January 1 of each even-numbered year, the
secretary of state shall make the forms to be used available to auditors
through electronic means. An application
submitted pursuant to this subdivision shall be in writing and shall be
submitted to:
(a) (1) the county auditor of the
county where the applicant maintains residence; or
(b) (2) the municipal clerk of
the municipality, or school district if applicable, where the applicant
maintains residence.
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2009 - Top of Page 5638
An application shall be approved if it is timely
received, signed and dated by the applicant, contains the applicant's name and
residence and mailing addresses, and states that the applicant is eligible to
vote by absentee ballot for one of the reasons specified in section
203B.02. The application may must
contain a request for the voter's applicant's date of birth, which
the applicant's Minnesota driver's license or state identification card
number, and the last four digits of the applicant's Social Security number, if
the applicant has these numbers, an oath that the information contained on the
form is accurate, that the applicant is applying on the applicant's own behalf,
and that the applicant is signing the form under penalty of perjury. An applicant's full date of birth, driver's
license or state identification number, and the last four digits of the
applicant's Social Security number must not be made available for public
inspection. An application may be
submitted to the county auditor or municipal clerk by an electronic facsimile
device. An application mailed or
returned in person to the county auditor or municipal clerk on behalf of a
voter by a person other than the voter must be deposited in the mail or
returned in person to the county auditor or municipal clerk within ten days
after it has been dated by the voter and no later than six days before the
election. The absentee ballot
applications or a list of persons applying for an absentee ballot may not be
made available for public inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 6 to automatically receive an
absentee ballot application.
Sec. 7.
Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to
read:
Subd. 6. Ongoing absentee status; termination. (a) An eligible voter may apply to a county
auditor or municipal clerk for status as an ongoing absentee voter who
reasonably expects to meet the requirements of section 203B.02, subdivision
1. The voter may decline to receive
an absentee ballot for one or more elections if that request is received by the
county auditor or municipal clerk at least five days before the deadline in
section 204B.35 for delivering ballots for the election to which it
applies. Sixty days before each state
primary, the county auditor must send each voter with ongoing absentee ballot
status a nonforwardable postcard to notify the voter when the voter can expect
to receive the ballots. Each
applicant must automatically be provided with an absentee ballot application
for each ensuing election other than an election by mail conducted under
section 204B.45, or as otherwise requested by the voter, and must have
the status of ongoing absentee voter indicated on the voter's registration
record.
(b) Ongoing absentee voter status ends on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee ballot as
undeliverable;
(4) a change in the voter's status so that the voter
is not eligible to vote under section 201.15 or 201.155; or
(5) placement of the voter's registration on inactive
status under section 201.171.
By May 1, 2010, each county auditor shall mail an
explanation of the changes to the ongoing absentee balloting process and an
updated ongoing absentee voter application to every voter with ongoing absentee
ballot status in their county. A voter
must return the application to maintain the voter's status as an ongoing
absentee voter. Upon receipt of a
completed application, the county auditor shall scan an image of the
application and update the voter's record with any new or changed information.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system
has been tested and shown to properly allow for the issuance of ballots to
ongoing absentee voters.
Journal of the
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Sec. 8. Minnesota Statutes 2008, section 203B.05, is
amended to read:
203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER
EARLY AND ABSENTEE VOTING LAWS.
Subdivision
1. Generally. The full-time clerk of any city or town shall
administer the provisions of sections 203B.04 to 203B.15 and 203B.30 to
203B.35 if:
(a) (1) the county auditor of that county has designated the
clerk to administer them; or
(b) (2) the clerk has given the county auditor of that county
notice of intention to administer them.
A clerk may
only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 to
203B.35 if the clerk has technical capacity to access the statewide voter
registration system in the secure manner prescribed by the secretary of
state. The secretary of state must
identify hardware, software, security, or other technical prerequisites
necessary to ensure the security, access controls, and performance of the
statewide voter registration system. A
clerk must receive training approved by the secretary of state on the use of
the statewide voter registration system before administering this section. A clerk may not use the statewide voter
registration system until the clerk has received the required training.
Subd. 2. City,
school district, and town elections.
For city, town, and school district elections not held on the same day
as a statewide election, applications for absentee ballots shall be filed with
the city, school district, or town clerk and the duties prescribed by this
chapter for the county auditor shall be performed by the city, school district,
or town clerk unless the county auditor agrees to perform those duties on
behalf of the city, school district, or town clerk. The costs incurred to provide absentee
ballots and perform the duties prescribed by this subdivision shall be paid by
the city, town, or school district holding the election.
Notwithstanding
any other law, this chapter applies to school district elections held on the
same day as a statewide election or an election for a county or municipality
wholly or partially within the school district.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 9. Minnesota Statutes 2008, section 203B.06,
subdivision 3, is amended to read:
Subd. 3. Delivery
of ballots. (a) If an application
for absentee ballots is accepted at a time when absentee ballots are not yet
available for distribution, the county auditor, or municipal clerk accepting
the application shall file it and as soon as absentee ballots are available for
distribution shall mail them to the address specified in the application. If an application for absentee ballots is
accepted when absentee ballots are available for distribution, the county
auditor or municipal clerk accepting the application shall promptly:
(1) mail the
ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under
clause (2);
(2) ship the
ballots to the voter using a commercial shipper requested by the voter at the
voter's expense;
(3) deliver the
absentee ballots directly to the voter if the application is submitted in person;
or
(4) deliver the
absentee ballots in a sealed transmittal envelope to an agent who has been
designated to bring the ballots, as provided in section 203B.11, subdivision 4,
to a voter who would have difficulty getting to the polls because of incapacitating
health reasons, or who is disabled, or who is a patient in a health care
facility, a resident of
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a facility
providing assisted living services governed by chapter 144G, a participant in a
residential program for adults licensed under section 245A.02, subdivision 14,
or a resident of a shelter for battered women as defined in section 611A.37,
subdivision 4.
(b) If an
application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the
ballots for the next election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in
section 203B.13 203B.121, subdivision 2, or when a replacement
ballot has been requested by the voter for a ballot that has been spoiled or
lost in transit.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 10. [203B.065]
RECORDING APPLICATIONS.
Upon
accepting an application for a state primary or state general election, the county
auditor or municipal clerk shall record in the statewide registration system
the voter's name, address of residence in Minnesota, mailing address, Minnesota
driver's license or state identification number, or the last four digits of the
voter's Social Security number, if provided by the voter, that an absentee
ballot has been transmitted to the voter, the method of transmission, and the
date of transmission.
Upon receipt
of a returned absentee ballot for a state primary or state general election, the
county auditor or municipal clerk shall record in the statewide voter
registration system that the voter has returned the ballot.
Upon receipt
of notice that the ballot board has accepted or rejected the absentee ballot
for a state primary or state general election, the county auditor or municipal
clerk shall record in the statewide voter registration system whether the
ballot was accepted or rejected, and if rejected, the reason for
rejection. If a replacement ballot is
transmitted to the voter, the county auditor or municipal clerk shall record
this in the statewide voter registration system.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 11. Minnesota Statutes 2008, section 203B.07,
subdivision 2, is amended to read:
Subd. 2. Design
of envelopes. The return envelope
shall be of sufficient size to conveniently enclose and contain the ballot
envelope and a folded voter registration application. The return envelope shall be designed to open
on the left-hand end. If the voter
was not previously registered, The return envelope must be designed in one
of the following ways:
(1) it must be
of sufficient size to contain an additional envelope that when sealed, conceals
the signature, identification, and other information; or
(2) it must
provide an additional flap that when sealed, conceals the signature,
identification, and other information.
Election
officials may open the flap or the additional envelope at any time after
receiving the returned ballot to inspect the returned certificate for
completeness or to ascertain other information.
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5641
Sec. 12.
Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
Subd. 3. Eligibility certificate. A certificate of eligibility to vote by
absentee ballot shall be printed on the back of the return envelope. The certificate shall contain space for
the voter's Minnesota driver's license, state identification number, or the
last four digits of the voter's Social Security number or to indicate that they
do not have one, and a statement to be signed and sworn by the voter
indicating that the voter meets all of the requirements established by law for
voting by absentee ballot, that the ballots were unmarked when received by
the voter, and that the voter personally marked the ballots without showing how
they were marked, or, if the voter was physically unable to mark them, that the
voter directed another individual to mark them. If the voter was not previously registered
at that address, the certificate shall also contain space for a
statement signed by a person who is registered to vote in Minnesota or by a
notary public or other individual authorized to administer oaths a
United States citizen stating that:
(1) the ballots were displayed to that individual
unmarked;
(2) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the voter was physically
unable to mark them, that the voter directed another individual to mark them;
and
(3) if the voter was not previously registered, the voter has provided proof of residence as required
by section 201.061, subdivision 3.
Sec. 13.
Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to
read:
Subd. 2. Address on return envelopes. The county auditor or municipal clerk shall
address return envelopes to allow direct mailing of the absentee ballots to:
(a) the
county auditor or municipal clerk who sent the ballots to the voter; has
the responsibility to accept and reject the absentee ballots.
(b) the clerk of the town or city in which the absent
voter is eligible to vote; or
(c) the appropriate election judges.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system
has been tested, shown to properly allow municipal clerks to update absentee
voting records, and to be able to handle the expected volume of use.
Sec. 14.
Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to
read:
Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and
date the return envelope and place it in a secure location with other return
envelopes received by that office. Within
five days of receipt, the county auditor or municipal clerk shall deliver
to the appropriate election judges on election day all ballots received
before or with the last mail delivery by the United States Postal Service on
election day. A town clerk may request
the United States Postal Service to deliver absentee ballots to the polling
place on election day instead of to the official address of the town clerk.
ballot board all ballots received, except that during the 14 days immediately
preceding an election, the county auditor or municipal clerk shall deliver all
ballots received to the ballot board within three days.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system
has been tested, shown to properly allow municipal clerks to update absentee
voting records, and to be able to handle the expected volume of use.
Journal of the
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Sec. 15. Minnesota Statutes 2008, section 203B.081, is
amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible
voter may vote by absentee ballot during the 30 days before the election up
until the third day before the election in the office of the county auditor
and at any other polling place designated by the county auditor, except that
an eligible voter may not vote by absentee ballot in person during the period
for early voting, as provided in section 203B.31. On the day before the election, voters who
had planned on voting in person in the polling place and only learned of
circumstances in the last four days that will prevent them from doing so may
vote by absentee ballot. The county
auditor shall make such polling place designations under this
section at least 90 days before the election. At least one voting booth in each polling
place must be made available by the county auditor for this purpose. The county auditor must also make available
at least one electronic ballot marker in each polling place that has
implemented a voting system that is accessible for individuals with
disabilities pursuant to section 206.57, subdivision 5.
Sec. 16. Minnesota Statutes 2008, section 203B.085, is
amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES
TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
The county
auditor's office in each county and the clerk's office in each city or town
authorized under section 203B.05 to administer absentee balloting must be open
for acceptance of absentee ballot applications and casting of absentee ballots from
10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. noon
on the day immediately Saturday preceding a primary, special, or
general election unless that day falls on a Saturday or Sunday. On the day before the election, the office
must be open for acceptance of absentee ballot applications and casting of
absentee ballots for voters who additionally certify that they had planned on
voting in person in the polling place and only learned of circumstances in the
last four days that will prevent them from doing so. Town clerks' offices must be open for
absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town
general election held in March. The
school district clerk, when performing the county auditor's election duties,
need not comply with this section.
Sec. 17. Minnesota Statutes 2008, section 203B.11,
subdivision 1, is amended to read:
Subdivision
1. Generally. Each full-time municipal clerk or school
district clerk who has authority under section 203B.05 to administer absentee and
early voting laws shall designate election judges to deliver absentee
ballots in accordance with this section.
The county auditor must also designate election judges to perform the
duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or permanent resident or
patient in a health care facility or hospital located in the municipality in
which the voter maintains residence. The
ballots shall be delivered by two election judges, each of whom is affiliated
with a different major political party.
When the election judges deliver or return ballots as provided in this
section, they shall travel together in the same vehicle. The election judges must bring a ballot
box. Both election judges shall be
present when an applicant completes the certificate of eligibility
signs the certification required by section 204C.10, paragraph (b), and
marks the absentee ballots, and may assist an applicant as provided in
section 204C.15. Voters must insert
their ballots into the ballot box. The
election judges shall deposit the return envelopes containing the marked
absentee ballots remove the ballots from the ballot box, place them
in a sealed container and return them to the clerk on the same day that they
are delivered and marked.
Election
judges may bring an electronic ballot counter to serve as the ballot box. Election judges may bring an electronic
ballot marker.
Sec. 18. [203B.121]
BALLOT BOARDS.
Subdivision
1. Establishment;
applicable laws. (a) The
governing body of each county, municipality, and school district with
responsibility to accept and reject absentee ballots or administer early voting
must, by ordinance or resolution, establish a ballot board. The board must consist of a sufficient number
of election judges appointed as
Journal of
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provided in
sections 204B.19 to 204B.22. The board
may consist of staff trained as election judges, in which case the board is
exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance
in the appointment of judges, and is also exempt from the duties otherwise
required to be performed by ballot board members or election judges of two
different major political parties.
(b) Each
jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
(c) Except
as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.
Subd. 2.
Duties of ballot board;
absentee ballots. (a) The
members of the ballot board shall take possession of all return envelopes
delivered to them in accordance with section 203B.08. Upon receipt from the county auditor,
municipal clerk, or school district clerk, two or more members of the ballot
board of different major political parties shall examine each return envelope
and shall mark it accepted or rejected in the manner provided in this
subdivision.
(b) The
members of the ballot board shall mark the return envelope "accepted"
and initial or sign the return envelope below the word "accepted" if
a majority of the members of the ballot board are satisfied that:
(1) the
voter's name and address on the return envelope are the same as the information
provided on the absentee ballot application;
(2) the
voter signed the certification on the envelope;
(3) the
voter's Minnesota driver's license, state identification number, or the last
four digits of the voter's Social Security number are the same as the number
provided on the voter's application for ballots. If the number does not match the number as
submitted on the application, or if a number was not submitted on the
application, the election judges must make a reasonable effort to determine
through other information provided by the applicant that the ballots were
returned by the same person to whom the ballots were transmitted;
(4) the
voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; and
(5) the
voter has not already voted at that election, either in person or by absentee
ballot.
The return
envelope from accepted ballots must be preserved and returned to the county
auditor.
The ballots
from return envelopes marked "accepted" shall be opened, duplicated
as needed in the manner provided in section 206.86, subdivision 5, initialed by
the members of the ballot board, and deposited in the appropriate ballot
box. These duties must be performed by
ballot board members of two different major political parties. If more than one ballot is enclosed in the
ballot envelope, none of the ballots shall be counted but all ballots of that
kind shall be returned in the manner provided by section 204C.25 for return of
spoiled ballots.
(c) (1) If a
majority of the members of the ballot board examining a return envelope find
that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "rejected,"
initial or sign it below the word "rejected," list the reason for the
rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an
absentee ballot beyond those permitted by this section. Failure to place the ballot within the
security envelope before placing it in the outer white envelope is not a reason
to reject an absentee ballot.
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(2) If an
envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide
the voter with a replacement absentee ballot and return envelope in place of
the rejected ballot. Notwithstanding any
rule to the contrary, the official in charge of the election is not required to
write "replacement" on the replacement ballot.
(3) If an
envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact
the voter by telephone or electronic mail to notify the voter that the voter's
ballot has been rejected. The official
must document the attempts made to contact the voter.
(d) The names
of voters who have submitted an absentee ballot return envelope to the county
auditor or municipal clerk that has not been accepted by a ballot board may not
be made available for public inspection until the close of voting on election
day.
Subd. 3.
Duties of ballot board; early
voting. The members of the
ballot board shall administer the process of early voting as prescribed in
section 203B.35, and shall make a record of voters who cast ballots early and
count those ballots as provided in subdivisions 4 and 5.
Subd. 4.
Record of voting. (a) The county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been accepted or
that the voter has cast a ballot pursuant to the early voting procedures
provided in this chapter, in order to prevent the voter from casting more than
one ballot at an election. After a
voter's record has been marked, the individual must not be allowed to vote
again at that election. In a state
primary, state general, or state special election, the auditor or clerk must
also record in the statewide voter registration system that the voter has cast
a ballot.
(b) The
roster must be marked, or a supplemental report created, no later than the
start of voting on election day to indicate the voters that have already cast a
ballot at the election. The roster may
be marked either:
(1) by the
municipal clerk before election day;
(2) by the
ballot board before election day; or
(3) by the
election judges at the polling place on election day.
The record of
a voter who cast an absentee ballot in person on the day prior to the election,
or whose absentee ballot arrived by mail on the day of, or the day prior to the
election, is not required to be marked on the roster or contained in a
supplemental report as required by this paragraph.
Subd. 5.
Storage and counting of
absentee and early voting ballots.
(a) On a day on which early voting or absentee ballots are inserted
into a ballot box, two members of the ballot board of different major political
parties must:
(1) remove
the ballots from the ballot box at the end of the day;
(2) without
inspecting the ballots, ensure that the number of ballots removed from the
ballot box is equal to the combined number of voters who voted in person and
voters whose absentee ballots were accepted that day; and
(3) seal and
secure all voted and unvoted ballots present in that location at the end of the
day.
(b) After the
polls have closed on election day, two members of the ballot board of different
major political parties must count the ballots, tabulating the vote in a manner
that indicates each vote of the voter and the total votes cast for each
candidate or question. In state primary
and state general elections, the results must indicate the total votes cast for
each candidate or question in each precinct and report the vote totals
tabulated for each precinct. The count
shall be public. No vote totals from
ballots may be made public before the close of voting on election day.
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In state
primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other elections, these vote totals may be
added to the vote totals on the summary statement of returns for the
appropriate precinct or may be reported as a separate total.
(c) In
addition to the requirements of paragraphs (a) and (b), if the task has not
been completed previously, the members of the ballot board must verify within
48 hours after election day that voters whose absentee ballots arrived after
the rosters were marked or supplemental reports were generated and whose
ballots were accepted did not vote in person on election day. This task must be completed before the
members of the ballot board take any additional steps to process and count
these ballots.
EFFECTIVE DATE.
The provisions of this section related to absentee voting are effective
when the secretary of state has certified that the statewide voter registration
system has been tested, shown to properly allow municipal clerks to update
absentee voting records, and to be able to handle the expected volume of use.
Sec. 19. Minnesota Statutes 2008, section 203B.125, is
amended to read:
203B.125 SECRETARY OF STATE TO MAKE RULES.
The secretary of
state shall adopt rules establishing methods and procedures for issuing ballot cards
and related absentee forms to be used as provided in section 203B.08,
subdivision 1a, and for the reconciliation of voters and ballot cards before
tabulation under section 203B.12 204C.20, subdivision 1.
Sec. 20. Minnesota Statutes 2008, section 203B.23,
subdivision 1, is amended to read:
Subdivision
1. Establishment. The county auditor must establish an absentee
ballot board for ballots issued under sections 203B.16 to 203B.27. The board may consist of staff trained and
certified as election judges, in which case, the board is exempt from sections
204B.19, subdivision 5, and 204C.15, relating to party balance in appointment
of judges and to duties to be performed by judges or members of the ballot
board of different major political parties.
Sec. 21. Minnesota Statutes 2008, section 203B.23,
subdivision 2, is amended to read:
Subd. 2. Duties. The absentee ballot board must examine all
returned absentee ballot envelopes for ballots issued under sections 203B.16 to
203B.27 and accept or reject the absentee ballots in the manner provided in
section 203B.24. If the certificate of
voter eligibility is not printed on the return or administrative envelope, the
certificate must be attached to the ballot secrecy envelope.
The absentee
ballot board must immediately examine the return envelopes and mark them
"accepted" or "rejected" during the 30 days before the
election. If an envelope has been
rejected at least five days before the election, the ballots in the envelope
must be considered spoiled ballots and the official in charge of the absentee
ballot board must provide the voter with a replacement absentee ballot and
return envelope in place of the spoiled ballot.
Except for
federal write-in absentee ballots, the ballots from return envelopes marked
"Accepted" must be opened, duplicated as needed in the manner
provided by section 206.86, subdivision 5, initialed by the members of the
ballot board, and deposited in the appropriate ballot box. These duties must be performed by two members
of the ballot board of different major political parties.
Federal
write-in absentee ballots marked "Accepted" must be opened,
duplicated as needed in the manner provided by section 206.86, subdivision 5,
initialed by the members of the ballot board, and deposited in the appropriate
ballot box after 5:00 p.m. on the fourth day before the election, unless the
voter has submitted another absentee ballot with a later postmark which has
been accepted by the board.
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In all other
respects, the provisions of the Minnesota Election Law governing deposit and
counting of ballots apply.
No vote
totals from absentee ballots may be made public before the close of voting on
election day.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 22. Minnesota Statutes 2008, section 203B.24,
subdivision 1, is amended to read:
Subdivision
1. Check
of voter eligibility; proper execution of certificate. Upon receipt of an absentee ballot returned
as provided in sections 203B.16 to 203B.27, the election judges members
of the ballot board shall compare the voter's name with the names recorded
under section 203B.19 in the statewide registration system to insure that the
ballot is from a voter eligible to cast an absentee ballot under sections
203B.16 to 203B.27. The election
judges Two members of the ballot board of different major political
parties shall mark the return envelope "Accepted" and initial or sign
the return envelope below the word "Accepted" if the election
judges a majority of the members of the ballot board are satisfied
that:
(1) the voter's
name on the return envelope appears in substantially the same form as on the
application records provided to the election judges by the county auditor;
(2) the voter
has signed the federal oath prescribed pursuant to section 705(b)(2) of the
Help America Vote Act, Public Law 107-252;
(3) the voter
has set forth the same voter's passport number, or Minnesota driver's license
or state identification card number, or the last four digits of the voter's
Social Security number as submitted on the application, if the voter has one of
these documents; and
(4) the
voter is not known to have died; and
(5) the voter has not already voted at
that election, either in person or by absentee ballot.
If the
identification number described in clause (3) does not match the number as
submitted on the application, the election judges members of the
ballot board must make a reasonable effort to satisfy themselves through
other information provided by the applicant, or by an individual authorized to
apply on behalf of the voter, that the ballots were returned by the same person
to whom the ballots were transmitted.
An absentee
ballot cast pursuant to sections 203B.16 to 203B.27 may only be rejected for
the lack of one of clauses (1) to (4) (5). In particular, failure to place the ballot
within the security envelope before placing it in the outer white envelope is
not a reason to reject an absentee ballot.
Election
judges Members of
the ballot board must note the reason for rejection on the back of the
envelope in the space provided for that purpose.
Failure to
return unused ballots shall not invalidate a marked ballot, but a ballot shall
not be counted if the certificate on the return envelope is not properly
executed. In all other respects the
provisions of the Minnesota Election Law governing deposit and counting of
ballots shall apply. Notwithstanding
other provisions of this section, the counting of the absentee ballot of a
deceased voter does not invalidate the election.
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EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 23. Minnesota Statutes 2008, section 203B.26, is
amended to read:
203B.26 SEPARATE RECORD.
A separate
record of the ballots of absent voters cast under sections 203B.16 to 203B.27
must be generated from the statewide registration system for each precinct and provided
to the election judges in the polling place on election day, along with the
returned envelopes marked "accepted" by the absentee ballot
board. The content of the record must be
in a form prescribed by the secretary of state.
The election judges in the polling place must note on the record any
envelopes that had been marked "accepted" by the absentee ballot
board but were not counted. The election
judges must preserve the record and return it to the county auditor or
municipal clerk with the election day retained with the other election materials.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 24. [203B.30]
EARLY VOTING.
Any eligible
voter may vote in person before election day in the manner provided in sections
203B.31 to 203B.35.
Sec. 25. [203B.31]
TIME PERIOD FOR EARLY VOTING.
Early voting
must be available to any eligible voter as provided in section 203B.32 for
every primary, general, and special election from 15 days before the election
through 5:00 p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the fourth
day before the election must be allowed to vote.
Sec. 26. [203B.32]
HOURS FOR EARLY VOTING.
Early voting
must be available between the hours of 8:00 a.m. and 4:30 p.m. on each weekday
during the time period provided in section 203B.31; from 8:00 a.m. to 8:00 p.m.
on at least one of those days; and from 10:00 a.m. to 3:00 p.m. on the second
Saturday before the election.
Sec. 27. [203B.33]
LOCATIONS FOR EARLY VOTING.
(a) Early
voting must be made available at a polling place designated in the county
auditor's office, at the municipal clerk's office in every municipality that
has been delegated the responsibility to administer absentee voting as provided
in section 203B.05, and at any other location designated by the county auditor
or municipal clerk at least 90 days before the election. At least one voting station and one ballot
marking device for disabled voters must be made available in each polling place.
(b) The
county auditor must make at least one ballot box available in each polling
place. As soon as practicable following
the public accuracy test, the county auditor must make an electronic ballot
counter available.
Sec. 28. [203B.34]
NOTICE TO VOTERS.
The county
auditor must prepare a notice to the voters of the days, times, and locations
for early voting. This notice must be
posted on the county's Web site and the Web site for each municipality in the
county where an early voting location is designated for the election at least
14 days before the first day for early voting.
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Sec. 29. [203B.35]
PROCEDURES FOR EARLY VOTING.
Subdivision
1. Voting
procedure. Each voter shall
sign an early voting roster that includes the certification provided in section
204C.10. An individual who is not registered
to vote must register in the manner provided in section 201.061, subdivision
3. After the voter has signed a roster,
a member of the ballot board must provide a ballot to the voter. Ballots must be prepared and distributed by
members of the ballot board in the manner provided in section 204C.09. The voter must mark the ballot and deposit it
in either a precinct voting system or a sealed ballot box. A voter may not leave the polling place with
the ballot.
Subd. 2.
Processing of ballots. Ballots cast pursuant to sections 203B.30
to 203B.35 must be processed and counted by a ballot board, and a record that
voters who cast a ballot early have voted at the election must be created, as
required in section 203B.121.
Sec. 30. Minnesota Statutes 2008, section 204B.45,
subdivision 2, is amended to read:
Subd. 2. Procedure. Notice of the election and the special mail
procedure must be given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
prior to the election, the auditor shall mail ballots by nonforwardable mail to
all voters registered in the town or unorganized territory. No later than 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the
election. Eligible voters not registered
at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with
return postage provided, must be preaddressed to the auditor or clerk and the
voter may return the ballot by mail or in person to the office of the auditor
or clerk. The auditor or clerk may
must appoint election judges a ballot board to examine the
return envelopes and mark them "accepted" or "rejected" during
the 30 days before the election. within three days of receipt if there
are 14 or fewer days before election day, or within five days of receipt if
there are more than 14 days before election day. The board may consist of staff trained as
election judges, in which case, the board is exempt from sections 204B.19,
subdivision 5, and 204C.15, relating to party balance in appointment of judges
and to duties to be performed by judges or members of a ballot board of
different major political parties. If
an envelope has been rejected at least five days before the election, the
ballots in the envelope must be considered spoiled ballots remain
sealed and the auditor or clerk shall provide the voter with a replacement
ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days
of the election, the envelope must remain sealed and the official in charge of
the ballot board must attempt to contact the voter by telephone or e-mail to
notify the voter that the voter's ballot has been rejected. The official must document the attempts made
to contact the voter.
Notwithstanding
any rule to the contrary, the ballots from return envelopes marked
"Accepted" must be promptly opened, duplicated as needed in the manner
provided by section 206.86, subdivision 5, initialed by the members of the
ballot board, and deposited in the ballot box.
These duties must be performed by two members of the ballot board of
different major political parties.
In all other
respects, the provisions of the Minnesota Election Law governing deposit and
counting of ballots apply.
No vote
totals from mail or absentee ballots may be made public before the close of
voting on election day.
The costs of the
mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00
p.m. on the day of the election must be counted.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
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Sec. 31.
Minnesota Statutes 2008, section 204B.46, is amended to read:
204B.46 MAIL
ELECTIONS; QUESTIONS.
A county, municipality, or school district submitting
questions to the voters at a special election may conduct an election by mail
with no polling place other than the office of the auditor or clerk. No more than two questions may be submitted
at a mail election and no offices may be voted on. Notice of the election must be given to the
county auditor at least 53 days prior to the election. This notice shall also fulfill the
requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be
posted at least six weeks prior to the election. No earlier than 20 or 30 nor later
than 14 days prior to the election, the auditor or clerk shall mail ballots by
nonforwardable mail to all voters registered in the county, municipality, or
school district. No later than 14
days before the election, the auditor or clerk must make a subsequent mailing
of ballots to those voters who register to vote after the initial mailing but
before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed
may apply for ballots pursuant to chapter 203B.
The auditor or clerk must appoint a ballot board to examine the
return envelopes and mark them "Accepted" or "Rejected"
within three days of receipt if there are 14 or fewer days before election day,
or within five days of receipt if there are more than 14 days before election
day. The board may consist of staff
trained as election judges, in which case, the board is exempt from sections
204B.19, subdivision 5, and 204C.15, relating to party balance in appointment
of judges and to duties to be performed by judges or members of a ballot board
of different major political parties. If
an envelope has been rejected at least five days before the election, the
ballots in the envelope must remain sealed and the auditor or clerk must provide
the voter with a replacement ballot and return envelope in place of the spoiled
ballot. If the ballot is rejected within
five days of the election, the envelope must remain sealed and the official in
charge of the ballot board must attempt to contact the voter by telephone or
e-mail to notify the voter that the voter's ballot has been rejected. The official must document the attempts made
to contact the voter.
Notwithstanding any rule to the contrary, the ballots
from return envelopes marked "Accepted" must be promptly opened,
duplicated as needed in the manner provided by section 206.86, subdivision 5,
initialed by the ballot board, and deposited in the appropriate ballot
box. These duties must be performed by
two members of the ballot board of different major political parties.
In all other respects, the provisions of the Minnesota
Election Law governing deposit and counting of ballots apply.
No vote totals from mail ballots may be made public
before the close of voting on election day.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system
has been tested, shown to properly allow municipal clerks to update absentee
voting records, and to be able to handle the expected volume of use.
Sec. 32.
Minnesota Statutes 2008, section 204C.10, is amended to read:
204C.10
PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.
(a) An individual seeking to vote shall sign a polling
place roster which states that the individual is at least 18 years of age, a
citizen of the United States, has resided in Minnesota for 20 days immediately
preceding the election, maintains residence at the address shown, is not under
a guardianship in which the court order revokes the individual's right to vote,
has not been found by a court of law to be legally incompetent to vote or has
the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been
discharged from the sentence, is registered and has not already voted in the
election. The roster must also state:
". The polling place roster
must state: "I certify that I have not already voted in this
election. I certify that I am at least
18 years of age and a citizen of the United States; that I reside at the
address shown and
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have resided in Minnesota for 20 days immediately
preceding this election; that I am not under guardianship of the person in
which the court order revokes my right to vote, have not been found by a court
to be legally incompetent to vote, and that if convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my
sentence; and that I am registered and will be voting only in this
precinct. I understand that deliberately providing false
information is a felony punishable by not more than five years imprisonment and
a fine of not more than $10,000, or both." The words "I have not
already voted in this election" and "I understand that deliberately
providing false information is a felony" must be in bold type.
(b) An individual voting early under sections
203B.30 to 203B.35 must sign a roster that meets the additional requirements of
this paragraph. In addition to the
content required under paragraph (a), the roster must also state in bold type:
"I understand that after I have cast my ballot today, I cannot vote again
in this election."
(c) A judge
may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth. If the
ballot board has not marked the roster in accordance with section 203B.121, the
election judge must review the supplemental list of those who have already
voted to ensure that the voter's name is not on the list. If a voter's name is on the list, the voter
must not be allowed to sign the roster or to vote on election day.
(c) (d) After the applicant signs the roster, the judge shall
give the applicant a voter's receipt.
The voter shall deliver the voter's receipt to the judge in charge of
ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an
election contest.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system has
been tested, shown to properly allow municipal clerks to update absentee voting
records, and to be able to handle the expected volume of use.
Sec. 33.
Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to
read:
Subd. 6. Challenge of voter; time limits;
disposition of ballots. At any time
before the ballots of any voter are deposited in the ballot boxes, the election
judges or any individual who was not present at the time the voter procured the
ballots, but not otherwise, may challenge the eligibility of that voter and
the deposit of any received absentee ballots in the ballot boxes. The election judges shall determine the
eligibility of any voter who is present in the polling place in the manner
provided in section 204C.12, and if the voter is found to be not eligible to
vote, shall place the ballots of that voter unopened among the spoiled
ballots. The election judges shall
determine whether to receive or reject the ballots of an absent voter and
whether to deposit received absentee ballots in the ballot boxes in the manner
provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any
absentee ballots not received or deposited in the manner provided in section
203B.12. A violation of this
subdivision by an election judge is a gross misdemeanor.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system
has been tested, shown to properly allow municipal clerks to update absentee
voting records, and to be able to handle the expected volume of use.
Sec. 34.
Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to
read:
Subd. 6. Challenge of voter; time limits;
disposition of ballots. At any time
before the ballots of any voter are deposited in the ballot boxes, the election
judges or any individual who was not present at the time the voter procured the
ballots, but not otherwise, may challenge the eligibility of that voter and the
deposit of any received absentee ballots in the ballot boxes. The election judges shall determine the
eligibility of any voter who is present in the polling place in the manner
provided in section 204C.12, and if the voter is found to be not eligible to
vote, shall place the ballots of that voter unopened among the spoiled
ballots. The election judges shall
determine whether to
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receive or reject the ballots of an absent voter and
whether to deposit received absentee ballots in the ballot boxes in the manner
provided in sections 203B.12 203B.121, 203B.24, and 203B.25, and
shall dispose of any absentee ballots not received or deposited in the manner
provided in section 203B.12 203B.121. A violation of this subdivision by an
election judge is a gross misdemeanor.
Sec. 35.
Minnesota Statutes 2008, section 204C.27, is amended to read:
204C.27
DELIVERY OF RETURNS TO COUNTY AUDITORS.
Subdivision 1. Election
supplies. One or more of the
election judges in each precinct shall deliver two sets of summary statements;
all spoiled white, pink, canary, and gray ballots; and the envelopes containing
the white, pink, canary, and gray ballots either directly to the municipal
clerk for transmittal to the county auditor's office or directly to the county
auditor's office as soon as possible after the vote counting is completed but
no later than 24 hours after the end of the hours for voting. One or more election judges shall deliver the
remaining set of summary statements and returns, all unused and spoiled
municipal and school district ballots, the envelopes containing municipal and
school district ballots, and all other things furnished by the municipal or
school district clerk, to the municipal or school district clerk's office
within 24 hours after the end of the hours for voting. The municipal or school district clerk shall
return all polling place rosters and completed voter registration cards to the
county auditor within 48 hours after the end of the hours for voting.
Subd. 2. Rejected
absentee ballots. All
absentee ballots that were rejected and their accompanying absentee ballot
applications must be delivered to the county auditor within 48 hours after the
end of the hours for voting.
Sec. 36.
Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:
Subd. 3. Review
of rejected absentee ballots. Prior
to the meeting of the county canvassing board to canvass the results of the
state general election, the county auditor must review any absentee ballots
that were marked rejected to determine whether any were rejected in error. If the county canvassing board agrees that
any ballots were rejected in error, the board must publicly open the return and
ballot envelopes and initial and count the ballots to include the votes in all
races in the results canvassed by the board.
The county canvassing board must protect the privacy of voters' choices
to the extent practicable. Except as
provided in this subdivision, a rejected absentee ballot may not be reviewed
outside of an election contest under chapter 209.
Sec. 37.
Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to
read:
Subdivision 1. County canvass. The county canvassing board shall meet at the
county auditor's office on or before the seventh day between the
third and tenth days following the state general election. After taking the oath of office, the board
shall promptly and publicly canvass the general election returns delivered to
the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor
a report which states:
(a) the number of individuals voting at the election
in the county and in each precinct;
(b) the number of individuals registering to vote on
election day and the number of individuals registered before election day in
each precinct;
(c) the names of the candidates for each office and
the number of votes received by each candidate in the county and in each
precinct, including write-in candidates for state and federal office who have
requested under section 204B.09 that votes for those candidates be tallied;
(d) the number of votes counted for and against a
proposed change of county lines or county seat; and
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(e) the number
of votes counted for and against a constitutional amendment or other question
in the county and in each precinct.
The result of
write-in votes cast on the general election ballots must be compiled by the
county auditor before the county canvass, except that write-in votes for a
candidate for state or federal office must not be counted unless the candidate
has timely filed a request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election judges for this
purpose. The county auditor may open the
envelopes or containers in which the voted ballots have been sealed in order to
count and record the write-in votes and must reseal the voted ballots at the
conclusion of this process.
Upon completion
of the canvass, the county canvassing board shall declare the candidate duly
elected who received the highest number of votes for each county and state
office voted for only within the county.
The county auditor shall transmit one of the certified copies of the
county canvassing board report for state and federal offices to the secretary
of state by express mail or similar service immediately upon conclusion of the
county canvass.
Sec. 38. Minnesota Statutes 2008, section 204C.33,
subdivision 3, is amended to read:
Subd. 3. State
canvass. The State Canvassing Board
shall meet at the secretary of state's office on the second third Tuesday
following the state general election to canvass the certified copies of the
county canvassing board reports received from the county auditors and shall
prepare a report that states:
(a) the number
of individuals voting in the state and in each county;
(b) the number
of votes received by each of the candidates, specifying the counties in which
they were cast; and
(c) the number
of votes counted for and against each constitutional amendment, specifying the
counties in which they were cast.
All members of
the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board
shall declare the result within three days after completing the canvass.
Sec. 39. Minnesota Statutes 2008, section 205.185,
subdivision 3, is amended to read:
Subd. 3. Canvass
of returns, certificate of election, ballots, disposition. (a) Within seven Between 11 and 17 days
after an election, a state general election, and within 17 days after
any other election, the governing body of a city conducting any election
including a special municipal election, or the governing body of a town
conducting the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town conducting the
general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within two days after an
election.
(b) After the
time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the
proper court.
(c) In case of a
tie vote, the canvassing board having jurisdiction over the municipality shall
determine the result by lot. The clerk
of the canvassing board shall certify the results of the election to the county
auditor, and the clerk shall be the final custodian of the ballots and the
returns of the election.
Sec. 40. Minnesota Statutes 2008, section 205.185, is
amended by adding a subdivision to read:
Subd. 5.
Review of rejected absentee
ballots. Prior to an election
not held in conjunction with a state election, a clerk may arrange to have a
certified election administrator from a county or another city review all
ballots that were marked rejected to determine whether any were rejected in
error. These arrangements must be made
at least seven days before the date of the election. If no arrangements are made, rejected
absentee ballots must not be
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reviewed
outside of an election contest under chapter 209. If the certified election administrator
determines that any were rejected in error, the canvassing board must publicly
open the return and ballot envelopes and initial and count the ballots to
include the votes in all races in the results canvassed by the board. The canvassing board must protect the privacy
of the voters' choices to the extent practicable. If the number of rejected absentee ballots
could not possibly change the outcome in any of the elections or questions on
the ballot, the clerk may cancel the review of the rejected absentee ballots.
Sec. 41. Minnesota Statutes 2008, section 205A.10,
subdivision 2, is amended to read:
Subd. 2. Election,
conduct. A school district election
must be by secret ballot and must be held and the returns made in the manner
provided for the state general election, as far as practicable. The vote totals from an absentee a
ballot board established pursuant to section 203B.13 203B.121 may
be tabulated and reported by the school district as a whole rather than by
precinct. For school district elections
not held in conjunction with a statewide election, the school board shall
appoint election judges as provided in section 204B.21, subdivision 2. The provisions of sections 204B.19,
subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86,
subdivision 2, relating to party balance in appointment of judges and to duties
to be performed by judges of different major political parties do not apply to
school district elections not held in conjunction with a statewide election.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and to be
able to handle the expected volume of use.
Sec. 42. Minnesota Statutes 2008, section 205A.10,
subdivision 3, is amended to read:
Subd. 3. Canvass
of returns, certificate of election, ballots, disposition. Within seven Between 11 and 17 days
after a school district election held concurrently with a state general
election, and within seven days after a school district election held on any
other date, other than a recount of a special election conducted under
section 126C.17, subdivision 9, or 475.59, the school board shall canvass the
returns and declare the results of the election. After the time for contesting elections has
passed, the school district clerk shall issue a certificate of election to each
successful candidate. If there is a
contest, the certificate of election to that office must not be issued until
the outcome of the contest has been determined by the proper court. If there is a tie vote, the school board
shall determine the result by lot. The
clerk shall deliver the certificate of election to the successful candidate by
personal service or certified mail. The
successful candidate shall file an acceptance and oath of office in writing
with the clerk within 30 days of the date of mailing or personal service. A person who fails to qualify prior to the
time specified shall be deemed to have refused to serve, but that filing may be
made at any time before action to fill the vacancy has been taken. The school district clerk shall certify the
results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
A school
district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59.
Sec. 43. Minnesota Statutes 2008, section 205A.10, is amended
by adding a subdivision to read:
Subd. 6.
Review of rejected absentee
ballots. Prior to an election
not held in conjunction with a state election, a clerk may arrange to have a
certified election administrator from a county or another city review all
ballots that were marked rejected to determine whether any were rejected in
error. These arrangements must be made
at least seven days before the date of the election. If no arrangements are made, rejected
absentee ballots must not be reviewed outside of an election contest under
chapter 209. If the certified election
administrator determines that any were rejected in error, the canvassing board
must publicly open the return and ballot envelopes and initial and count the
ballots to include the votes in all races in the results canvassed by the
board. The canvassing board must protect
the privacy of the voters' choices to the extent practicable. If the number of rejected absentee ballots
could not possibly change the outcome in any of the elections or questions on
the ballot, the clerk may cancel the review of the rejected absentee ballots.
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Sec. 44. Minnesota Statutes 2008, section 206.83, is
amended to read:
206.83 TESTING OF VOTING SYSTEMS.
Within 14
days before election day, The official in charge of elections shall have the voting system tested
to ascertain that the system will correctly mark ballots using all methods
supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official
newspapers. The test must be observed by
at least two election judges, who are not of the same major political party,
and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be
conducted by (1) processing a preaudited group of ballots punched or marked to
record a predetermined number of valid votes for each candidate and on each
question, and must include for each office one or more ballot cards which have
votes in excess of the number allowed by law in order to test the ability of
the voting system tabulator and electronic ballot marker to reject those votes;
and (2) processing an additional test deck of ballots marked using the
electronic ballot marker for the precinct, including ballots marked using the
electronic ballot display, audio ballot reader, and any assistive voting
technology used with the electronic ballot marker. If any error is detected, the cause must be
ascertained and corrected and an errorless count must be made before the voting
system may be used in the election.
After the completion of the test, the programs used and ballot cards
must be sealed, retained, and disposed of as provided for paper ballots.
Testing of
equipment used for early voting must be conducted as soon as practicable after
the equipment has been programmed.
Testing of equipment used on the day of the election must be conducted
within the 14 days before election day.
Sec. 45. Minnesota Statutes 2008, section 206.89,
subdivision 2, is amended to read:
Subd. 2. Selection
for review; notice. At the canvass
of the state primary, the county canvassing board in each county must set the
date, time, and place for the postelection review of the state general election
to be held under this section.
At the canvass
of the state general election, the county canvassing boards must select the
precincts to be reviewed by lot. Ballots
counted centrally by a ballot board shall be considered one precinct eligible
to be selected for purposes of this subdivision. The county canvassing board of a county
with fewer than 50,000 registered voters must conduct a postelection review of
a total of at least two precincts. The
county canvassing board of a county with between 50,000 and 100,000 registered
voters must conduct a review of a total of at least three precincts. The county canvassing board of a county with
over 100,000 registered voters must conduct a review of a total of at least
four precincts, or three percent of the total number of precincts in the
county, whichever is greater. At least
one precinct selected in each county must have had more than 150 votes cast at
the general election.
The county
auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that
county will be conducted, as soon as the decisions are made. If the selection of precincts has not
resulted in the selection of at least four precincts in each congressional
district, the secretary of state may require counties to select by lot
additional precincts to meet the congressional district requirement. The secretary of state must post this
information on the office Web site.
Sec. 46. Minnesota Statutes 2008, section 208.05, is
amended to read:
208.05 STATE CANVASSING BOARD.
The State
Canvassing Board at its meeting on the second Tuesday after each state
general election date provided in section 204C.33 shall open and canvass
the returns made to the secretary of state for presidential electors and
alternates, prepare a statement of the number of votes cast for the persons
receiving votes for these offices, and
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declare the
person or persons receiving the highest number of votes for each office duly
elected. When it appears that more than
the number of persons to be elected as presidential electors or alternates have
the highest and an equal number of votes, the secretary of state, in the
presence of the board shall decide by lot which of the persons shall be
declared elected. The governor shall
transmit to each person declared elected a certificate of election, signed by
the governor, sealed with the state seal, and countersigned by the secretary of
state.
Sec. 47. REPEALER.
Minnesota Statutes 2008, sections 203B.04, subdivision
5; 203B.10; 203B.11, subdivision 2; 203B.12; 203B.13; and 203B.25, are
repealed.
EFFECTIVE
DATE. This section is not effective until the
secretary of state has certified that the statewide voter registration system
has been tested, shown to properly allow municipal clerks to update absentee voting
records, and to be able to handle the expected volume of use.
Sec. 48. EFFECTIVE DATE; APPLICABILITY.
The provisions of this article related to early voting
are effective when the secretary of state has certified that:
(1) the statewide voter registration system has been
tested, shown to properly allow for the tracking of the information required to
conduct early voting, and can handle the expected volume of use; and
(2) voting equipment that can tabulate at least 30
different ballot styles has been certified for use in this state. Upon certification pursuant to this
paragraph, the provisions of this article related to early voting apply to all
federal, state, county, and city elections held on September 1, 2010, and
thereafter, and to all other elections held on January 1, 2014, and
thereafter. A jurisdiction may implement
the requirements of this chapter prior to the date provided in this paragraph,
if the secretary of state has made the required certifications at least 90 days
prior to the date of the election at which early voting will be used.
ARTICLE 2
ELECTION ADMINISTRATION
Section 1.
Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to
read:
Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation
notice to any voter who the county auditor can determine has voted:
(1) provided the address at which the voter maintains residence, but was
allowed to vote in a precinct other than the precinct in which the voter
maintains residence; and (2) not voted in the wrong precinct previously. The notice must be in the form provided by
the secretary of state.
(b) The county auditor shall mail a violation notice
to any voter who otherwise voted in a precinct in which the voter did not
maintain residence on election day. The county auditor shall also change the status of the
voter in the statewide registration system to "challenged" and the
voter shall be required to provide proof of residence to either the county auditor
or to the election judges in the voter's precinct before voting in the next
election. Any of the forms authorized by
section 201.061 for registration at the polling place may be used for this
purpose.
(b) (c) A voter who votes in a precinct other than the
precinct in which the voter maintains residence after receiving an initial
violation notice as provided in this subdivision is guilty of a petty
misdemeanor.
(c) (d) A voter who votes in a precinct other than the
precinct in which the voter maintains residence after having been found to have
committed a petty misdemeanor under paragraph (b) is guilty of a misdemeanor.
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(d) (e) Reliance by the voter on inaccurate information
regarding the location of the voter's polling place provided by the state,
county, or municipality is an affirmative defense to a prosecution under this
subdivision.
Sec. 2. Minnesota
Statutes 2008, section 201.016, subdivision 2, is amended to read:
Subd. 2. Duration of residence. The governing body of any city by resolution
may require an eligible voter to maintain residence in a precinct for a period
of 30 days prior to voting on any question affecting only that precinct or
voting to elect public officials representing only that precinct. The governing body of any town by resolution
may require an eligible voter to maintain residence in that town for a period
of 30 days prior to voting in a town election.
The school board of any school district by resolution may require an
eligible voter to maintain residence in that school district for a period of 30
days prior to voting in a school district election. If a political boundary, including a
precinct, municipal, or school district boundary, is redrawn within the 30 days
prior to an election in a manner that places an eligible voter in a new
jurisdiction and the eligible voter has not changed residence during the 30
days prior to the election, the eligible voter meets any residency requirement
imposed under this subdivision.
Sec. 3.
Minnesota Statutes 2008, section 201.056, is amended to read:
201.056
SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
An individual who is unable to write the individual's
name shall be required to sign a registration application in the manner
provided by section 645.44, subdivision 14.
If the individual registers in person and signs by making a mark, the
clerk or election judge accepting the registration shall certify the mark by
signing the individual's name. If the
individual registers by mail and signs by making a mark, the mark shall be
certified by having a voter registered in the individual's precinct sign the
individual's name and the voter's own name and give the voter's own
address. An individual who has power
of attorney for another person may not sign election-related documents for that
person, except as provided by this section.
Sec. 4.
Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to
read:
Subdivision 1. Prior to election day. At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or
any individual who will be an eligible voter at the time of the next election
may register to vote in the precinct in which the voter maintains residence by
completing a voter registration application as described in section 201.071,
subdivision 1, and submitting it in person or by mail to the county auditor of
that county or to the Secretary of State's Office. A registration that is received no later than
5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration application shall be forwarded within two working days after
receipt to the county auditor of the county where the voter maintains
residence. A state or local agency or an
individual that accepts completed voter registration applications from a voter
must submit the completed applications to the secretary of state or the
appropriate county auditor within ten business days after the
applications are dated by the voter.
For purposes of this section, mail registration is
defined as a voter registration application delivered to the secretary of state,
county auditor, or municipal clerk by the United States Postal Service or a
commercial carrier.
Sec. 5.
Minnesota Statutes 2008, section 201.11, is amended to read:
201.11
PRECINCT BOUNDARIES; HOUSE NUMBER; STREET ADDRESS CHANGED, CHANGE OF
FILES.
Subdivision 1. Precinct
boundaries changed. When the
boundaries of a precinct are changed, the county auditor shall immediately
update the voter records for that precinct in the statewide voter registration
system to accurately reflect those changes.
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Subd. 2.
House number or street address
changed. If a municipality
administratively changes the number or name of a street address of an existing
residence, the municipal clerk shall promptly notify the county auditor and the
county auditor shall immediately update the voter records of registered voters
in the statewide voter registration system to accurately reflect that
change. A municipality must not make a
change to the number or name of a street address of an existing residence
effective during the 45 days prior to any election in a jurisdiction which
includes the affected residence.
Sec. 6. Minnesota Statutes 2008, section 201.12, is
amended to read:
201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
CHALLENGES.
Subdivision
1. Notice
of registration. To prevent
fraudulent voting and to eliminate excess names, the county auditor may mail to
any registered voter a notice stating the voter's name and address as they
appear in the registration files. The
notice shall request the voter to notify the county auditor if there is any
mistake in the information.
Subd. 2. Moved
within state. If any nonforwardable
mailing from an election official is returned as undeliverable but with a
permanent forwarding address in this state, the county auditor may change the
voter's status to "inactive" in the statewide registration system and
shall notify transmit a copy of the mailing to the auditor of the
county in which the new address is located.
Upon receipt of the notice, If an election is scheduled to
occur in the precinct in which the voter resides in the next 47 days, the
county auditor shall promptly update the voter's address in the
statewide voter registration system and. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of
address changes is received from the secretary of state. Once updated, the county auditor shall
mail to the voter a notice stating the voter's name, address, precinct, and
polling place. The notice must advise
the voter that the voter's voting address has been changed and that the voter
must notify the county auditor within 21 days if the new address is not the
voter's address of residence. The notice
must state that it must be returned if it is not deliverable to the voter at
the named address.
Subd. 3. Moved
out of state. If any nonforwardable
mailing from an election official is returned as undeliverable but with a
permanent forwarding address outside this state, the county auditor shall
promptly mail to the voter at the voter's new address a notice advising the
voter that the voter's status in the statewide voter registration system
will be changed to "inactive" unless the voter notifies the county
auditor within 21 days that the voter is retaining the former address as the
voter's address of residence. If the
notice is not received by the deadline, the county auditor shall change
the voter's status shall be changed to "inactive" in the
statewide voter registration system.
Subd. 4. Challenges. If any nonforwardable mailing from an
election official is returned as undeliverable but with no forwarding address,
the county auditor shall change the registrant's status to
"challenged" in the statewide voter registration system. An individual challenged in accordance with
this subdivision shall comply with the provisions of section 204C.12, before
being allowed to vote. If a notice
mailed at least 60 days after the return of the first nonforwardable mailing is
also returned by the postal service, the county auditor shall change the
registrant's status to "inactive" in the statewide voter registration
system.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2008, section 201.13, is
amended to read:
201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
RECORDS.
Subdivision
1. Commissioner
of health; reports of deceased residents.
Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the
commissioner of health shall report monthly by electronic means to the
secretary of state the name, address, date of birth, and county of residence of
each individual 18 years of age or older
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who has died
while maintaining residence in Minnesota since the last previous report. The secretary of state shall determine if any
of the persons listed in the report are registered to vote and shall prepare a
list of those registrants for each county auditor. Within 60 days after receiving the list from
the secretary of state, the county auditor shall change the status of those
registrants to "deceased" in the statewide voter registration
system.
Subd. 2. Deceased nonresidents. After receiving notice of death of a voter
who has died outside the county, the county auditor shall change the voter's
status to "deceased." Notice must be in the form of a printed
obituary or a written statement signed by a registered voter of the county.
Subd. 3. Use of change of address system. (a) At least once each month the secretary of
state shall obtain a list of individuals registered to vote in this state who
have filed with the United States Postal Service a change of their permanent
address. However, the secretary of
state shall not obtain this list within the 47 days before the state primary or
47 days before a November general election.
(b) If the
address is changed to another address in this state, the secretary of state
shall locate the precinct in which the voter resides, if possible. If the secretary of state is able to locate
the precinct in which the voter resides, the secretary must transmit the
information about the changed address by electronic means to the county auditor
of the county in which the new address is located. As long as the voter has not voted or
submitted a voter registration application since the address change, upon
receipt of the information, the county auditor shall update the voter's address
in the statewide voter registration system and. The county auditor shall mail to the
voter a notice stating the voter's name, address, precinct, and polling place,
unless the voter's record is challenged due to a felony conviction,
noncitizenship, name change, incompetence, or a court's revocation of voting
rights of individuals under guardianship, in which case a notice shall not be
mailed. The notice must advise the
voter that the voter's voting address has been changed and that the voter must
notify the county auditor within 21 days if the new address is not the voter's
address of residence. The notice must
state that it must be returned if it is not deliverable to the voter at the
named address.
(b) (c) If the change of permanent address is to an address
outside this state, the secretary of state shall notify by electronic means the
auditor of the county where the voter formerly resided that the voter has moved
to another state. As long as the
voter has not voted or submitted a voter registration application since the
address change, the county auditor shall promptly mail to the voter at the
voter's new address a notice advising the voter that the voter's status in the
statewide voter registration system will be changed to
"inactive" unless the voter notifies the county auditor within 21
days that the voter is retaining the former address as the voter's address of
residence, except that if the voter's record is challenged due to a felony
conviction, noncitizenship, name change, incompetence, or a court's revocation
of voting rights of individuals under guardianship, a notice must not be mailed. If the notice is not received by the
deadline, the county auditor shall change the voter's status to
"inactive" in the statewide voter registration system.
Subd. 4. Request for removal of voter record. If a voter makes a written request for
removal of the voter's record, the county auditor shall remove the record of
the voter from the statewide voter registration system.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 8. Minnesota
Statutes 2008, section 202A.14, subdivision 3, is amended to read:
Subd. 3. Notice.
The county or legislative district chair shall give at least six days'
published notice of the holding of the precinct caucus, stating the place,
date, and time for holding the caucus, and. The state party chair shall deliver the
same information to the municipal clerk and county auditor secretary
of state in an electronic format designated by the secretary of state at
least 20 30 days before the precinct caucus. The county auditor secretary of
state shall make this information available in electronic format via the
secretary of state Web site at least ten days before the date of the
caucuses to persons who request it.
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Sec. 9.
Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to
read:
Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal
office who wants write-in votes for the candidate to be counted must file a
written request with the filing office for the office sought no later than the
seventh day before the general election.
The filing officer shall provide copies of the form to make the request.
(b) A candidate for president of the United States who
files a request under this subdivision must include the name of a candidate for
vice-president of the United States. The
request must also include the name of at least one candidate for presidential
elector. The total number of names of
candidates for presidential elector on the request may not exceed the total
number of electoral votes to be cast by Minnesota in the presidential election.
(c) A candidate for governor who files a request under
this subdivision must include the name of a candidate for lieutenant governor.
(d) A candidate who files a request under this
subdivision must also pay the filing fee for that office or submit a petition
in place of a filing fee, as provided in section 204B.11. The fee for a candidate for president of the
United States is equal to that of the office of senator in Congress.
Sec. 10.
Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to
read:
Subd. 4. Administrative boundary change
procedure. Any change in the
boundary of an election precinct shall must be adopted at least
90 days before the date of the next election and, for the state primary and
general election, no later than June 1 in the year of the state general
election. The precinct boundary change
shall not take effect until notice of the change has been posted in the office
of the municipal clerk or county auditor for at least 60 days.
The county auditor must publish a notice illustrating
or describing the congressional, legislative, and county commissioner district
boundaries in the county in one or more qualified newspapers in the county at
least 14 days prior to the first day to file affidavits of candidacy for the
state general election in the year ending in two.
Alternate dates for adopting changes in precinct
boundaries, posting notices of boundary changes, and notifying voters affected
by boundary changes pursuant to this subdivision, and procedures for
coordinating precinct boundary changes with reestablishing local government
election district boundaries may be established in the manner provided in the
rules of the secretary of state.
Sec. 11.
Minnesota Statutes 2008, section 204B.14, is amended by adding a
subdivision to read:
Subd. 4a. Municipal
boundary adjustment procedure. Any
change in the boundary of an election precinct that has occurred as a result of
a municipal boundary adjustment made pursuant to chapter 414 which is effective
more than 21 days preceding any regularly scheduled election shall take effect
at the scheduled election.
Any change in the boundary of an election precinct
that has occurred as a result of a municipal boundary adjustment made pursuant
to chapter 414 which is effective less than 21 days preceding any regularly
scheduled election shall not take effect until the day after the scheduled
election.
Sec. 12.
Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to
read:
Subdivision 1. Authority; location. The governing body of each municipality and
of each county with precincts in unorganized territory shall designate by
ordinance or resolution a polling place for each election precinct. Polling places must be designated and ballots
must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same
day. The polling place for
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a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02,
subdivision 24, shall be located within the boundaries of the precinct or
within one mile of one of those boundaries unless a single polling place is
designated for a city pursuant to section 204B.14, subdivision 2, or a school
district pursuant to section 205A.11.
The polling place for a precinct in unorganized territory may be located
outside the precinct at a place which is convenient to the voters of the
precinct. If no suitable place is
available within a town or within a school district located outside the
metropolitan area defined by section 200.02, subdivision 24, then the polling
place for a town or school district may be located outside the town or school
district within five miles of one of the boundaries of the town or school
district.
EFFECTIVE DATE.
This section is effective June 1, 2010.
Sec. 13. Minnesota Statutes 2008, section 204B.18,
subdivision 1, is amended to read:
Subdivision
1. Booths;
voting stations. Each polling place
must contain a number of voting booths or voting stations in proportion to the
number of individuals eligible to vote in the precinct. Each booth or station must be at least six
feet high, three feet deep and two feet wide with a shelf at least two feet
long and one foot wide placed at a convenient height for writing. The booth or station shall permit the voter
to vote privately and independently.
Each polling place must have at least one accessible voting booth or
other accessible voting station and beginning with federal and state elections
held after December 31, 2005, and county, municipal, and school district elections
held after December 31, 2007, one voting system that conforms to section
301(a)(3)(B) of the Help America Vote Act, Public Law 107-252. Local officials must make accessible
voting stations purchased with funds provided from the Help America Vote Act
account available to other local jurisdictions holding stand-alone
elections. Local officials who purchased
the equipment may charge the other local jurisdictions for the costs of
programming the equipment, as well as a prorated cost of maintenance on the
equipment. Any funds received for use of
the accessible voting equipment must be treated as program income and deposited
into the jurisdiction's Help America Vote Act account. All booths or stations must be
constructed so that a voter is free from observation while marking
ballots. During the hours of voting, the
booths or stations must have instructions, a pencil, and other supplies needed
to mark the ballots. A chair must be
provided for elderly voters and voters with disabilities to use while voting or
waiting to vote. Stable flat writing
surfaces must also be made available to voters who are completing
election-related forms. All ballot
boxes, voting booths, voting stations, and election judges must be in open
public view in the polling place.
Sec. 14. Minnesota Statutes 2008, section 204B.27,
subdivision 2, is amended to read:
Subd. 2. Election
law and instructions. The secretary
of state shall prepare and publish a volume containing all state general laws
relating to elections. The attorney
general shall provide annotations to the secretary of state for this
volume. On or before July
August 1 of every even-numbered odd-numbered year the
secretary of state shall furnish to the county auditors and municipal clerks enough
copies of this volume so that each county auditor and municipal clerk will have
at least one copy. On or before July
1 of every even-numbered year, the secretary of state shall prepare and make an
electronic copy available on the office's Web site. The secretary of state may prepare and
transmit to the county auditors and municipal clerks detailed written
instructions for complying with election laws relating to the conduct of
elections, conduct of voter registration and voting procedures.
Sec. 15. Minnesota Statutes 2008, section 204B.33, is
amended to read:
204B.33 NOTICE OF FILING.
(a) Between June
1 and July 1 in each even-numbered year, the secretary of state shall notify
each county auditor of the offices to be voted for in that county at the next
state general election for which candidates file with the secretary of
state. The notice shall include the time
and place of filing for those offices.
Within ten days after notification by the secretary of state, each
county auditor shall notify each municipal clerk in the county of all the
offices to be voted for in the county at that election and the time and place
for filing for those offices. The county
auditors and municipal clerks shall promptly post a copy of that notice in
their offices and post a notice of the offices that will be on the ballot on
their Web site, if one is available.
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(b) At least
two weeks before the first day to file an affidavit of candidacy, the county
auditor shall publish a notice stating the first and last dates on which
affidavits of candidacy may be filed in the county auditor's office and the
closing time for filing on the last day for filing. The county auditor shall post a similar
notice at least ten days before the first day to file affidavits of candidacy.
Sec. 16. [204B.335]
ELECTION RESULTS REPORTING SYSTEM; CANDIDATE FILING.
For state
primary and general elections, the county auditor must enter the offices and
questions to be voted on in the county and the list of candidates for each
office into the election results reporting system provided by the secretary of
state no later than 46 days prior to the election.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to
properly allow for the entry of candidate names and for election results to be
uploaded, and to be able to handle the expected volume of use.
Sec. 17. Minnesota Statutes 2008, section 204B.38, is
amended to read:
204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
When the similarity
of surnames of two or more candidates for the same office at the same election
may cause confusion to voters because the candidates also have similar first
names, up to three additional words may be printed on the ballot after each
surname to indicate the candidate's occupation, office, residence or any
combination of them if the candidate furnishes the identifying words to the
filing officer by the last day for withdrawal of candidacy.
Sec. 18. Minnesota Statutes 2008, section 204C.02, is
amended to read:
204C.02 APPLICATION.
This chapter
applies to all elections held in this state except as otherwise provided by
law.
An
individual who is unable to write the individual's name shall be required to
sign election-related documents in the manner provided by section 645.44,
subdivision 14. An individual who has
power of attorney for another person may not sign election-related documents
for that person, except as provided by this section.
Sec. 19. Minnesota Statutes 2008, section 204C.04, subdivision
1, is amended to read:
Subdivision
1. Right
to be absent. Every employee who is
eligible to vote in an election has the right to be absent from work for the
purpose of voting during the morning of for the time necessary to appear
at the employee's polling place, cast a ballot, and return to work on the
day of that election, without penalty or deduction from salary or wages because
of the absence. An employer or other
person may not directly or indirectly refuse, abridge, or interfere with this right
or any other election right of an employee.
Sec. 20. Minnesota Statutes 2008, section 204C.06,
subdivision 1, is amended to read:
Subdivision
1. Lingering
near polling place. An individual
shall be allowed to go to and from the polling place for the purpose of voting
without unlawful interference. No one
except an election official or an individual who is waiting to register or to
vote or a representative of the press or an academic institution who is
conducting exit polling shall stand within 100 feet of the building in
which a polling place is located. "Exit polling" is defined as
approaching voters in a predetermined pattern as they leave the polling place
after they have voted and asking voters to fill out an anonymous questionnaire.
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Sec. 21. Minnesota Statutes 2008, section 204C.08,
subdivision 1a, is amended to read:
Subd. 1a. Voter's
Bill of Rights. The county auditor
shall prepare and provide to each polling place sufficient copies of a poster
setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to
begin, the election judges shall post it in a conspicuous location or locations
in the polling place. The Voter's Bill
of Rights is as follows:
"VOTER'S
BILL OF RIGHTS
For all persons
residing in this state who meet federal voting eligibility requirements:
(1) You have
the right to be absent from work for the purpose of voting during the
morning of without reduction to your pay, personal leave, or vacation
time on election day.
(2) If you are
in line at your polling place any time between 7:00 a.m. and before
8:00 p.m., you have the right to vote.
(3) If you can
provide the required proof of residence, you have the right to register to vote
and to vote on election day.
(4) If you are
unable to sign your name, you have the right to orally confirm your identity
with an election judge and to direct another person to sign your name for you.
(5) You have
the right to request special assistance when voting.
(6) If you need
assistance, you may be accompanied into the voting booth by a person of your
choice, except by an agent of your employer or union or a candidate.
(7) You have
the right to bring your minor children into the polling place and into the
voting booth with you.
(8) If you have
been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, you have the right
to vote.
(9) If you are
under a guardianship, you have the right to vote, unless the court order
revokes your right to vote.
(10) You have the
right to vote without anyone in the polling place trying to influence your
vote.
(11) If you
make a mistake or spoil your ballot before it is submitted, you have the right
to receive a replacement ballot and vote.
(12) You have
the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.
(13) You have
the right to take a sample ballot into the voting booth with you.
(14) You have
the right to take a copy of this Voter's Bill of Rights into the voting booth
with you."
EFFECTIVE DATE.
This section is effective for the state primary in 2010 and
thereafter.
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Sec. 22.
Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to
read:
Subd. 3. Locking of ballot boxes. Immediately before the time when voting is
scheduled to begin, one of the election judges shall open the ballot boxes in
the presence of the individuals assembled at the polling place, turn the boxes
upside down to empty them, lock them, and deliver the key to another election
judge. Except as provided by this
subdivision, the boxes shall not be reopened except to count the ballots
until after the hours for voting have ended and all voting has been
concluded. The boxes shall be kept in
public view at all times during voting hours.
After locking the ballot boxes, the election judges shall proclaim that
voting may begin, and shall post outside the polling place conspicuous written
or printed notices of the time when voting is scheduled to end.
Notwithstanding Minnesota Rules, part 8230.4365,
subpart 5, two election judges of different major political parties may open
the ballot boxes as needed to straighten the ballots or remove voted ballots to
prevent the boxes from becoming overfull.
The election judges shall not count or inspect the ballots.
If removing the ballots from the box, the election judges
shall put the ballots into containers and seal them. The judges shall put any ballots taken from
the ballot box's write-in compartment into containers separate from the other
ballots and seal them. The judges shall
label the ballot containers and secure them.
The judges shall note on the incident report that the
ballot box was opened, the time the box was opened, and, if ballots were
removed, the number of any seals used to seal the ballot containers.
Sec. 23. Minnesota
Statutes 2008, section 204C.13, subdivision 2, is amended to read:
Subd. 2. Voting booths. One of the election judges shall explain to
the voter the proper method of marking and folding the ballots and, during a
primary election, the effect of attempting to vote in more than one party's
primary. Except as otherwise provided in
section 204C.15, the voter shall retire alone to an unoccupied voting booth and
or, at the voter's discretion, the voter may choose to use another writing
surface. The voter shall mark the
ballots without undue delay. The voter
may take sample ballots into the booth to assist in voting. The election judges may adopt and enforce
reasonable rules governing the amount of time a voter may spend in the voting
booth marking ballots.
Sec. 24.
Minnesota Statutes 2008, section 204C.15, subdivision 3, is amended to
read:
Subd. 3. Voting lines. In all polling places two election judges
shall assist a disabled voter to enter the polling place and go through the
registration and voting lines. The
election judges must inform voters that a chair is available for use by an
elderly or disabled voter while voting or waiting in a voting line, and that an
elderly or disabled voter may request to be moved to the front of the line, or be
provided other assistance as appropriate, in the event waiting in the voting
line would cause unreasonable physical strain on the voter. The voter may also request the assistance
of election judges or any other individual in marking ballots, as provided in
subdivision 1.
Sec. 25.
Minnesota Statutes 2008, section 204C.17, is amended to read:
204C.17
VOTING; SECRECY.
Except as authorized by section 204C.15, a voter shall
not reveal to anyone in the polling place the name of any candidate for whom the
voter intends to vote or has voted. A
voter shall not ask for or receive assistance in the marking of a ballot from
anyone within the polling place except as authorized by section 204C.15. If a voter, after marking a ballot, shows it
to anyone except as authorized by law or takes a picture of the voter's
ballot, the election judges shall refuse to deposit the ballot in any
ballot box and shall place it among the spoiled ballots. Unless the showing of the ballot was clearly
intentional, the voter shall receive another ballot as provided in section
204C.13, subdivision 3, clause paragraph (d).
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Sec. 26. Minnesota Statutes 2008, section 204C.30, is
amended by adding a subdivision to read:
Subd. 3.
Election results reporting;
state primary and general elections.
For state primary and general elections, the county auditor shall
enter the votes in each precinct for the questions and offices voted on into
the election results reporting system provided by the secretary of state.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to
properly allow for the entry of candidate names and for election results to be
uploaded, and to be able to handle the expected volume of use.
Sec. 27. Minnesota Statutes 2008, section 204C.33,
subdivision 1, is amended to read:
Subdivision
1. County
canvass. The county canvassing board
shall meet at the county auditor's office on or before the seventh day
following the state general election.
After taking the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county auditor. Upon completion of the canvass, the board
shall promptly prepare and file with the county auditor a report which states:
(a) the number
of individuals voting at the election in the county and in each precinct;
(b) the number
of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) the names of
the candidates for each office and the number of votes received by each
candidate in the county and in each precinct, including write-in candidates
for state and federal office who have requested under section 204B.09 that
votes for those candidates be tallied;
(d) the number
of votes counted for and against a proposed change of county lines or county
seat; and
(e) the number
of votes counted for and against a constitutional amendment or other question
in the county and in each precinct.
The result of
write-in votes cast on the general election ballots must be compiled by the
county auditor before the county canvass, except that write-in votes for a
candidate for federal, state, or federal county
office must not be counted unless the candidate has timely filed a request
under section 204B.09, subdivision 3.
The county auditor shall arrange for each municipality to provide an
adequate number of election judges to perform this duty or the county auditor
may appoint additional election judges for this purpose. The county auditor may open the envelopes or
containers in which the voted ballots have been sealed in order to count and
record the write-in votes and must reseal the voted ballots at the conclusion
of this process. The county auditor
must prepare a separate report of votes received by precinct for write-in
candidates for federal, state, and county offices who have requested under
section 204B.09 that votes for those candidates be tallied.
Upon completion
of the canvass, the county canvassing board shall declare the candidate duly
elected who received the highest number of votes for each county and state
office voted for only within the county.
The county auditor shall transmit one of the a certified copies
copy of the county canvassing board report for state and federal offices to
the secretary of state by messenger, express mail, or similar
service immediately upon conclusion of the county canvass.
Sec. 28. Minnesota Statutes 2008, section 204C.37, is
amended to read:
204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY
OF STATE.
Two copies A copy of the reports report
required by sections 204C.32, subdivision 1, and 204C.33, subdivision 1,
shall be certified under the official seal of the county auditor. Each The copy shall be enclosed
in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words
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"Election
Returns" endorsed on the envelope. The
copy of the canvassing board report not sent by express mail and the
precinct summary statements must be mailed sent by express mail
or delivered to the secretary of state.
If neither the copy is not received by the
secretary of state within ten days following the applicable election, the
secretary of state shall immediately notify the county auditor, who shall
deliver another copy to the secretary of state by special messenger.
Sec. 29. Minnesota Statutes 2008, section 204D.04,
subdivision 2, is amended to read:
Subd. 2. Instructions
to printer; printer's bond. (a) The
official charged with the preparation and distribution of the ballots shall
prepare instructions to the printer for rotation of the names of candidates and
for layout of the ballot.
(b) Except as
provided in paragraph (c), the instructions shall be approved by the legal
advisor of the official before delivery to the printer.
(c) The legal
advisor of a town official is not required to approve instructions regarding
the rotation of the names of candidates on the ballot or the layout of the
ballot.
(d) Before a
contract exceeding $1,000 is awarded for printing ballots, the printer shall
furnish, if requested by the official, a sufficient bond, letter of
credit, or certified check, acceptable to the official responsible for printing
the ballots, conditioned on printing the ballots in conformity with the
Minnesota Election Law and the instructions delivered. The official responsible for printing the
ballots shall set the amount of the bond, letter of credit, or certified check
in an amount equal to the value of the purchase.
Sec. 30. Minnesota Statutes 2008, section 204D.09,
subdivision 2, is amended to read:
Subd. 2. Sample
ballot. At least two weeks before
the state primary the county auditor shall prepare a sample state partisan
primary ballot and a sample state and county nonpartisan primary ballot for
public inspection. The names of all of
the candidates to be voted for in the county shall be placed on the sample
ballots, with the names of the candidates for each office arranged alphabetically
according to the surname in the base rotation as determined by section
206.61, subdivision 5. Only one
sample state partisan primary ballot and one sample state and county
nonpartisan ballot shall be prepared for any county. The county auditor shall post the sample
ballots in a conspicuous place in the auditor's office and shall cause them to
be published at least one week before the state primary in at least one
newspaper of general circulation in the county.
Sec. 31. Minnesota Statutes 2008, section 204D.28,
subdivision 5, is amended to read:
Subd. 5. Regular
state primary. "Regular state
primary" means:
(a) the state
primary at which candidates are nominated for offices elected at the state
general election; or
(b) a primary
held four weeks before on the first Tuesday after the first
second Monday in November September of odd-numbered years.
Sec. 32. Minnesota Statutes 2008, section 204D.28,
subdivision 6, is amended to read:
Subd. 6. Special
election required; exception; when held.
Every vacancy shall be filled for the remainder of the term by a special
election held pursuant to this subdivision; except that no special election
shall be held in the year before the term expires.
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The special election shall be held at the next
November election if the vacancy occurs at least six nine weeks
before the regular state primary preceding that election. If the vacancy occurs less than six
nine weeks before the regular state primary preceding the next November
election, the special election shall be held at the second November election
after the vacancy occurs.
Sec. 33.
Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to
read:
Subd. 8. Notice of special election. The secretary of state shall issue an
official notice of any special election required to be held pursuant to this
section not later than ten 12 weeks before the special primary,
except that if the vacancy occurs ten 12 weeks or less before the
special primary, the secretary of state shall issue the notice no later than
two days after the vacancy occurs. The
notice shall state the office to be filled, the opening and closing dates for
filing of candidacy and the dates of the special primary and special
election. For the purposes of those
provisions of sections 204D.17 to 204D.27 that apply generally to special
elections, this notice shall be used in place of the writ of the governor.
Sec. 34.
Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to
read:
Subd. 9. Filing by candidates. The time for filing of affidavits and nominating
petitions for candidates to fill a vacancy at a special election shall open six
ten weeks before the special primary or on the day the secretary of state
issues notice of the special election, whichever occurs later. Filings shall close four eight
weeks before the special primary.
Sec. 35. [204D.29] CONTINUITY OF CONGRESS.
Subdivision 1. In
general. (a) If the speaker
of the United States House of Representatives announces that vacancies in the
representation from the states in the House of Representatives exceed 100 and
one of those vacancies is in this state, the governor shall issue a writ of
election to fill such vacancy by special election.
(b) As used in this section, "speaker" means
the speaker of the United States House of Representatives.
Subd. 2. Timing
of special election. A
special election held under this section to fill a vacancy shall take place not
later than 49 days after the speaker announces that the vacancy exists, unless,
during the 75-day period which begins on the date of the announcement of the
vacancy:
(1) a regularly scheduled general election for the
office involved is to be held; or
(2) another special election for the office involved
is to be held, pursuant to a writ for a special election issued by the governor
prior to the date of the announcement of the vacancy by the speaker.
Subd. 3. Nominations
by parties. If a special
election is to be held under this section, the chairs of the political parties
of the state shall, not later than ten days after the speaker announces that
the vacancy exists, certify to the secretary of state the name of the person
nominated to fill this vacancy.
Subd. 4. Nominating
petitions. Other candidates
must file an affidavit of candidacy and a nominating petition under section
204B.07 not later than ten days after the speaker announces that the vacancy
exists.
Subd. 5. Protecting
ability of absent military and overseas voters to participate in special
elections. (a) Deadline for transmittal of absentee
ballots. In conducting a special
election held under this section to fill a vacancy in its representation, the
state shall ensure to the greatest extent practicable that absentee ballots for
the election are transmitted to voters who vote under the procedure outlined in
sections 203B.16 to 203B.27 not later than 15 days after the speaker announces
that the vacancy exists.
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(b) Period for ballot transit time. Notwithstanding the other deadlines in
this section, in the case of voters who vote under the procedure outlined in
sections 203B.16 to 203B.27, any otherwise valid ballot or other election
material must be processed and accepted so long as the ballot or other material
is received by the county auditor not later than 45 days after the ballot or
other material was transmitted to the voter.
Sec. 36.
Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to
read:
Subd. 2. Resolution or ordinance. The governing body of a city may, by
ordinance or resolution adopted at least three months before the next
municipal general election by June 1 of a municipal general election
year, elect to choose nominees for municipal offices by a primary as
provided in this section. The resolution
or ordinance, when adopted, is effective for all ensuing municipal elections
until it is revoked. The municipal clerk
shall notify the secretary of state and the county auditor within 30 days after
the adoption of the resolution or ordinance.
Sec. 37.
Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to
read:
Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
become a candidate for an office to be voted for at the municipal general
election shall file an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill
a vacancy held as provided in section 412.02, subdivision 2a, must file an
affidavit of candidacy for the specific office to fill the unexpired portion of
the term. Subject to the approval of
the county auditor, the town clerk may authorize candidates for township
offices to file affidavits of candidacy with the county auditor. The affidavit shall be in substantially the
same form as that in section 204B.06, subdivision 1. The municipal clerk shall also accept an
application signed by not less than five voters and filed on behalf of an
eligible voter in the municipality whom they desire to be a candidate, if
service of a copy of the application has been made on the candidate and proof
of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the
clerk shall place the name of the candidate on the official ballot without
partisan designation.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 38.
Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to
read:
Subd. 2. Notice of filing dates. At least two weeks before the first day to
file affidavits of candidacy, the municipal clerk shall publish a notice
stating the first and last dates on which affidavits of candidacy may be filed
in the clerk's office and the closing time for filing on the last day for
filing. The clerk shall post a similar
notice at least ten days before the first day to file affidavits of
candidacy. The notice must separately
list any office for which affidavits of candidacy may be filed to fill the
unexpired portion of a term when a special election is being held to fill a
vacancy as provided in section 412.02, subdivision 2a.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 39. [205.135] ELECTION RESULTS REPORTING
SYSTEM; CANDIDATE FILING.
Subdivision 1. Even-numbered
year. For regularly scheduled
municipal elections held in an even-numbered year, the municipal clerk must
provide the offices and questions to be voted on in the municipality and the
list of candidates for each office to the county auditor for entry into the
election results reporting system provided by the secretary of state no later
than 46 days prior to the election. Upon
mutual agreement, the county auditor may delegate the duty to enter the
information into the system to the municipal clerk.
Subd. 2. Odd-numbered
year. For regularly scheduled
municipal elections held in an odd-numbered year, the county auditor and
municipal clerk may mutually decide to use the election reporting system for
the election. If so, the county auditor
must notify the secretary of state of the intent to use the election reporting
system at least 90 days before the election, of who will be entering the data,
and, if the municipal clerk will be entering the data, that the
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office of the municipal clerk has the technological
capacity to enter the data. The county
auditor, or, by mutual agreement, the municipal clerk, must enter the offices
and questions to be voted on in the municipality and the list of candidates for
each office into the election results reporting system no later than 46 days
prior to the election.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to
properly allow for the entry of candidate names and for election results to be
uploaded, and to be able to handle the expected volume of use.
Sec. 40. Minnesota Statutes 2008, section 205.16,
subdivision 2, is amended to read:
Subd. 2. Sample
ballot, publication. For every
municipal election, the municipal clerk shall, at least one week two
weeks before the election, publish a sample ballot in the official
newspaper of the municipality, except that the governing body of a fourth class
city or a town not located within a metropolitan county as defined in section
473.121 may dispense with publication.
Sec. 41. Minnesota Statutes 2008, section 205.16,
subdivision 3, is amended to read:
Subd. 3. Sample
ballot, posting. For every municipal
election, the municipal clerk shall at least four days two weeks
before the election post prepare a sample ballot for the
municipality, make them available for public inspection in the clerk's
office for public inspection, and post a sample ballot in each polling
place on election day.
Sec. 42. [205.187]
ELECTION RESULTS REPORTING SYSTEM; PRECINCT VOTES.
For regularly
scheduled municipal elections held in November of an even-numbered year, the
county auditor shall enter the votes in each precinct for the questions and
offices voted on in the municipal election into the election results reporting
system provided by the secretary of state.
If a county
auditor has notified the secretary of state of intent to use the election
results reporting system for a municipal election pursuant to section 205.135,
subdivision 2, the county auditor, or by mutual agreement, the municipal clerk,
must enter the votes in each precinct for the offices and questions voted on in
the municipality into the election results reporting system.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to
properly allow for the entry of candidate names and for election results to be
uploaded, and to be able to handle the expected volume of use.
Sec. 43. Minnesota Statutes 2008, section 205A.03,
subdivision 1, is amended to read:
Subdivision
1. Resolution
requiring primary in certain circumstances.
The school board of a school district may, by resolution adopted by June
1 of any year, decide to choose nominees for school board by a primary as
provided in this section. The
resolution, when adopted, is effective for all ensuing elections of board
members in that school district until it is revoked. If the board decides to choose nominees by
primary and if there are more than two candidates for a specified school board
position or more than twice as many school board candidates as there are
at-large school board positions available, the school district must hold a
primary. When a number equal to or
less than twice the number of individuals to be elected to a school board
office file for nomination for the office, the names of the candidates shall be
placed upon the general election ballot.
Sec. 44. [205A.045]
SCHOOL DISTRICT TRANSITIONS.
Subdivision
1. Odd
year to even. (a) The governing
body of a school district may change from an odd-numbered year election to an
even-numbered year election by adopting a resolution that contains an orderly
plan for the transition. The resolution
may include a onetime, one-year extension of the term of each board member.
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(b) The
governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit
of candidacy for the election at which the change will take effect.
Subd. 2.
Even year to odd. (a) The governing body of a school
district may change from an even-numbered year election to an odd-numbered year
election by adopting a resolution that contains an orderly plan for the
transition. The resolution may include a
onetime, one-year extension of the term of each board member.
(b) The
governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit
of candidacy for the election at which the change will take effect.
Sec. 45. Minnesota Statutes 2008, section 205A.05, subdivision
1, is amended to read:
Subdivision
1. Questions. Special elections must be held for a school
district on a question on which the voters are authorized by law to pass
judgment. The school board may on its
own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition
of 50 or more voters of the school district or five percent of the number of
voters voting at the preceding school district general election, whichever is
greater, the school board shall by resolution call a special election to vote
on any matter requiring approval of the voters of a district. A question is carried only with the majority
in its favor required by law. The
election officials for a special election are the same as for the most recent
school district general election unless changed according to law. Otherwise, special elections must be
conducted and the returns made in the manner provided for the school district
general election. A special election may
not be held during the 30 45 days before and the 30 45
days after the state primary, during the 30 45 days before and
the 40 days after the state general election.
In addition, a special election may not be held during the 20 days
before and the 20 days after any regularly scheduled March election or
within 45 days before and the 30 days after any regularly scheduled November
election of a municipality wholly or partially within the school
district. Notwithstanding any other law
to the contrary, the time period in which a special election must be conducted
under any other law may be extended by the school board to conform with the
requirements of this subdivision.
Sec. 46. Minnesota Statutes 2008, section 205A.05,
subdivision 2, is amended to read:
Subd. 2. Vacancies
in school district offices. Special
elections shall be held in school districts in conjunction with school district
primary and general elections to fill vacancies in elective school district
offices. When filling multiple
at-large vacancies at the same election, the candidates shall file for the
multiple seats of the same office, voters will be instructed to "Vote for
up to..." and the candidates receiving the most votes up to the number to
be elected will be elected to fill the vacancies.
Sec. 47. Minnesota Statutes 2008, section 205A.07,
subdivision 2, is amended to read:
Subd. 2. Sample
ballot, posting. For every school
district primary, general, or special election, the school district clerk shall
at least four days two weeks before the primary, general, or
special election, post a sample ballot in the administrative offices of the
school district for public inspection, and shall post a sample ballot in each
polling place on election day.
Sec. 48. [205A.075]
ELECTION RESULTS REPORTING SYSTEM; CANDIDATE FILING.
Subdivision
1. Even-numbered
year. For regularly scheduled
school district elections held in an even-numbered year, the school district
clerk must provide the offices and questions to be voted on in the school
district and the list of candidates for each office to the county auditor for
entry into the election results reporting system provided by the secretary of
state no later than 46 days prior to the election.
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Subd. 2.
Odd-numbered year. For regularly scheduled school district
elections held in an odd-numbered year, the county auditor and school district
clerk may mutually decide to use the election reporting system for the
election. If so, the county auditor must
notify the secretary of state of intent to use the election reporting system at
least 90 days before the election. The
county auditor must enter the offices and questions to be voted on in the
school district and the list of candidates for each office into the election
results reporting system no later than 46 days prior to the election.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to
properly allow for the entry of candidate names and for election results to be
uploaded, and to be able to handle the expected volume of use.
Sec. 49. [205A.076]
ELECTION RESULTS REPORTING SYSTEM; PRECINCT VOTES.
For
regularly scheduled school district elections held in an even-numbered year,
the county auditor shall enter the votes in each precinct for the questions and
offices voted on in the school district election into the election results
reporting system provided by the secretary of state.
If a county
auditor has notified the secretary of state of intent to use the election
results reporting system for a school district election pursuant to section
205A.075, subdivision 2, the county auditor must enter the votes in each
precinct for the offices and questions voted on in the school district into the
election results reporting system.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to
properly allow for the entry of candidate names and for election results to be
uploaded, and to be able to handle the expected volume of use.
Sec. 50. Minnesota Statutes 2008, section 206.57,
subdivision 6, is amended to read:
Subd. 6. Required
certification. In addition to the
requirements in subdivision 1, a voting system must be certified by an
independent testing authority approved accredited by the secretary
of state and conform to current standards for voting equipment Election
Assistance Commission at the time of submission of the application required by
subdivision 1 to be in conformity with voluntary voting system guidelines
issued by the Federal Election Commission or its successor, the Election
Assistance Commission. The
application must be accompanied by the certification report of the voting
systems test laboratory. A certification
under this section from an independent testing authority accredited by the
Election Assistance Commission meets the requirement of Minnesota Rules, part
8220.0350, item L. A vendor must provide a copy of the source code for the
voting system to the secretary of state.
A chair of a major political party or the secretary of state may select,
in consultation with the vendor, an independent third-party evaluator to
examine the source code to ensure that it functions as represented by the
vendor and that the code is free from defects.
A major political party that elects to have the source code examined
must pay for the examination. Except as
provided by this subdivision, a source code that is trade secret information
must be treated as nonpublic information, according to section 13.37. A third-party evaluator must not disclose the
source code to anyone else.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 51. Minnesota Statutes 2008, section 206.61,
subdivision 5, is amended to read:
Subd. 5. Alternation. The provisions of the election laws requiring
the alternation of names of candidates must be observed as far as practicable
by changing the order of the names on an electronic voting system in the
various precincts so that each name appears on the machines or marking devices
used in a municipality substantially an
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equal number of
times in the first, last, and in each intermediate place in the list or group
in which they belong. However, the
arrangement of candidates' names must be the same on all voting systems used in
the same precinct. If the number of
names to be alternated exceeds the number of precincts For state primary
and state general elections, the election official responsible for
providing the ballots, in accordance with subdivision 1, shall determine by
lot the alternation of names the base rotation of candidate names by
assigning the initial order of the candidates' names by random generation using
the statewide election reporting system.
If an electronic ballot marker is used with a paper
ballot that is not an optical scan ballot card, the manner of alternation of
candidate names on the paper ballot must be as prescribed for optical scan
ballots in this subdivision.
Sec. 52.
Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to
read:
Subd. 2. Information required. The report to be filed by a candidate or committee
must include:
(1) the name of the candidate or ballot question;
(2) the printed name, address, telephone number,
signature, and e-mail address, if available, of the person responsible for
filing the report;
(3) the total cash on hand;
(4) the
total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;
(4) (5) the amount, date, and purpose for each expenditure;
and
(5) (6) the name, address, and employer, or occupation if
self-employed, of any individual or committee that during the year has made one
or more contributions that in the aggregate exceed $100, and the amount and
date of each contribution. The filing
officer must restrict public access to the address of any individual who has
made a contribution that exceeds $100 and who has filed with the filing officer
a written statement signed by the individual that withholding the individual's
address from the financial report is required for the safety of the individual
or the individual's family.
EFFECTIVE
DATE. This section is effective June 1, 2010.
Sec. 53.
Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to
read:
Subd. 2. Notice of failure to file. If a candidate or committee has filed an
initial report, but fails to file a subsequent report on the date it
is due, the filing officer shall immediately notify the candidate or committee
of the failure to file. If a report is
not filed within ten days after the notification is mailed, the filing officer
shall file a complaint under section 211B.32.
Sec. 54.
Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to
read:
Subd. 2a. Vacancy. Except as otherwise provided in subdivision
2b, a vacancy in an office shall be filled by council appointment until an
election is held as provided in this subdivision. In case of a tie vote in the council, the
mayor shall make the appointment.
(1) If the
vacancy occurs before the first day to file affidavits of candidacy for the
next regular city election and more than two years remain in the unexpired
term, a special election shall be held at or before the next regular city
election and the appointed person shall serve until the qualification of a
successor elected at a special election to fill
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the unexpired portion of the term. The council must specify by ordinance
under what circumstances it will hold a special election to fill a vacancy
other than a special election held at the same time as the regular city
election. If, because of a vacancy, more
than one council member is to be chosen at the same election, candidates for
council member shall file for either a two-year or a four-year term. If more than one candidate is to be elected
for the same length term, the ballot must instruct voters to "Vote for up
to ..." up to the number of candidates to be elected for the two-year or
four-year term.
(2) If the vacancy occurs on or after the
first day to file affidavits of candidacy for the regular city election or when
less than two years remain in the unexpired term, there need not be a special
election to fill the vacancy and the appointed person shall serve until the
qualification of a successor. The
council must specify by ordinance under what circumstances it will hold a
special election to fill a vacancy other than a special election held at the
same time as the regular city election.
Sec. 55. Minnesota Statutes 2008, section 414.02,
subdivision 4, is amended to read:
Subd. 4. Effective
date of incorporation. The
incorporation shall be effective upon the election and qualification of new
municipal officers or on such later date as is fixed by the director's
order. The effective date must not
fall within the 21 days before a regularly scheduled election. Failure to comply with the provisions of this
subdivision with respect to regularly scheduled elections, or to set the right
effective date in relation to regularly scheduled elections, does not
invalidate the annexation.
Sec. 56. Minnesota Statutes 2008, section 414.031,
subdivision 6, is amended to read:
Subd. 6. Effective
date of annexation. The annexation
shall be effective as of the date fixed in the annexation order or on a later
date fixed in the annexation order. The
effective date must not fall within the 21 days before a regularly scheduled
election. Failure to comply with the
provisions of this subdivision with respect to regularly scheduled elections,
or to set the right effective date in relation to regularly scheduled
elections, does not invalidate the annexation.
Sec. 57. Minnesota Statutes 2008, section 414.0325,
subdivision 1, is amended to read:
Subdivision
1. Initiating
the proceeding. (a) One or more
townships and one or more municipalities, by joint resolution, may designate an
unincorporated area as in need of orderly annexation. One or more municipalities, by joint
resolution with the county, may designate an unincorporated area in which there
is no organized township government as in need of orderly annexation.
(b) A designated
area is any area which the signatories to a joint resolution for orderly
annexation have identified as being appropriate for annexation, either
currently or at some point in the future, pursuant to the negotiated terms and
conditions set forth in the joint resolution.
Land described as a designated area is not, by virtue of being so
described, considered also to be annexed for purposes of this chapter.
(c) The joint
resolution will confer jurisdiction on the chief administrative law judge over
annexations in the designated area and over the various provisions in said
agreement by submission of said joint resolution to the chief administrative
law judge.
(d) The
resolution shall include a description of the designated area and the reasons
for designation.
(e) Thereafter,
an annexation of any part of the designated area may be initiated by:
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(1) submitting
to the chief administrative law judge a resolution of any signatory to the
joint resolution; or
(2) the chief
administrative law judge.
(f) Whenever a
state agency, other than the pollution control agency, orders a municipality to
extend a municipal service to an area, the order confers jurisdiction on the
chief administrative law judge to consider designation of the area for orderly
annexation.
(g) If a joint
resolution designates an area as in need of orderly annexation and states that
no alteration of its stated boundaries is appropriate, the chief administrative
law judge may review and comment, but may not alter the boundaries.
(h) If a joint
resolution designates an area as in need of orderly annexation, provides for
the conditions for its annexation, and states that no consideration by the
chief administrative law judge is necessary, the chief administrative law judge
may review and comment, but shall, within 30 days, order the annexation in
accordance with the terms of the resolution. A joint resolution filed within the 51 days
before a regularly scheduled election must provide in the conditions for its
annexation that the annexation will not be effective until the day after the
regularly scheduled election. Failure to
comply with the provisions of this subdivision with respect to regularly scheduled
elections, or to set the right effective date in relation to regularly
scheduled elections, does not invalidate the annexation.
Sec. 58. Minnesota Statutes 2008, section 414.0325,
subdivision 4, is amended to read:
Subd. 4. Effective
date of annexation. The chief
administrative law judge's order shall be effective upon the issuance of the
order or at such later time as is provided in the order. The effective date must not fall within
the 21 days before a regularly scheduled election. Failure to comply with the provisions of this
subdivision with respect to regularly scheduled elections, or to set the right
effective date in relation to regularly scheduled elections, does not
invalidate the annexation.
Sec. 59. Minnesota Statutes 2008, section 414.033,
subdivision 7, is amended to read:
Subd. 7. Filing;
effective date; copy to auditors.
Any annexation ordinance provided for in this section must be filed with
the chief administrative law judge, the township, the county auditor and the
secretary of state and is final on the date the ordinance is approved by the
chief administrative law judge, except that an ordinance approved within the
21 days before a regularly scheduled election is not effective until the day
after the regularly scheduled election.
A copy of the annexation ordinance must be delivered immediately by the
governing body of the municipality to the appropriate county auditors. Failure to comply with the provisions of
this subdivision with respect to regularly scheduled elections, or to set the
right effective date in relation to regularly scheduled elections, does not
invalidate the annexation.
Sec. 60. REPEALER.
Minnesota
Statutes 2008, sections 201.096; and 206.805, subdivision 2, are repealed.
ARTICLE 3
MISCELLANEOUS
Section 1. Minnesota Statutes 2008, section 135A.17,
subdivision 2, is amended to read:
Subd. 2. Residential
housing list. All postsecondary
institutions that enroll students accepting state or federal financial aid may
(a) Institutions within the Minnesota State Colleges and Universities system
must prepare a current list of students enrolled in the institution and
residing in the institution's housing or within ten miles of the
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institution's
campus Minnesota.
The list shall must include each student's name and current
address as permitted by applicable privacy laws. The list shall must be
certified and sent to the appropriate county auditor or auditors
secretary of state no earlier than 30 and no later than 25 days prior to the
November general election, in an electronic format specified by the secretary
of state, for use in election day registration as provided under section
201.061, subdivision 3. The
certification must be dated and signed by the chief officer or designee of the
postsecondary educational institution, or for institutions within the Minnesota
State Colleges and Universities system, by the chancellor, and must state that
the list is current and accurate and includes only the names of currently
enrolled students residing in Minnesota as of the date of certification. The secretary of state must combine the data received
from each postsecondary educational institution under this subdivision and must
process the data to locate the precinct in which the address provided for each
student is located. If the data
submitted by the postsecondary educational institution is insufficient for the
secretary of state to locate the proper precinct, the associated student name
must not appear in any list forwarded to a county auditor under this
subdivision.
At least 14
days prior to the November general election, the secretary of state must
forward to the appropriate county auditor lists of students containing the
students' names and addresses for which precinct determinations have been made
along with their postsecondary educational institutions. The list must be sorted by precinct and
student last name and must be forwarded in an electronic format specified by
the secretary of state or other mutually agreed upon medium, if a written
agreement specifying the medium is signed by the secretary of state and the
county auditor at least 90 days before the November general election. A written agreement is effective for all
elections until rescinded by either the secretary of state or the county
auditor.
(b) Other
postsecondary institutions may provide lists as provided by this subdivision or
as provided by the rules of the secretary of state. The University of Minnesota is requested to
comply with this subdivision.
(c) A residential housing list provided
under this subdivision may not be used or disseminated by a county auditor or
the secretary of state for any other purpose.
Sec. 2. Minnesota Statutes 2008, section 201.061,
subdivision 1, is amended to read:
Subdivision
1. Prior
to election day. At any time except
during the 20 days immediately preceding any regularly scheduled election, an eligible
voter or any individual who will be an eligible voter at the time of the next
election may register to vote in the precinct in which the voter maintains
residence by completing a voter registration application as described in
section 201.071, subdivision 1, and submitting it in person or by mail to the
county auditor of that county or to the Secretary of State's Office. If the Web site maintained by the secretary of
state provides a process for it, an individual who has a Minnesota driver's
license, identification card, or learner's permit may register online. A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration application shall be forwarded within two working days after
receipt to the county auditor of the county where the voter maintains
residence. A state or local agency or an
individual that accepts completed voter registration applications from a voter
must submit the completed applications to the secretary of state or the
appropriate county auditor within ten days after the applications are dated by
the voter.
For purposes of
this section, mail registration is defined as a voter registration application
delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
Sec. 3. Minnesota Statutes 2008, section 201.061,
subdivision 3, is amended to read:
Subd. 3. Election
day registration. (a) An individual
who is eligible to vote may register on election day by appearing in person at
the polling place for the precinct in which the individual maintains residence,
by completing a registration application, making an oath in the form prescribed
by the secretary of state and providing proof of residence. An individual may prove residence for
purposes of registering by:
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(1) presenting
a driver's license or Minnesota identification card issued pursuant to section
171.07;
(2) presenting
any document approved by the secretary of state as proper identification;
(3) presenting
one of the following:
(i) a current
valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared
under section 135A.17 and certified to the county auditor or in
the manner provided in rules of the secretary of state; or
(ii) a current
student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or
(4) having a
voter who is registered to vote in the precinct, or who is an employee employed
by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge
vouching that the voter or employee personally knows that the individual is a
resident of the precinct. A voter who
has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in the
precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation does not apply to an employee
of a residential facility described in this clause. The secretary of state shall provide a form
for election judges to use in recording the number of individuals for whom a
voter signs proof-of-residence oaths on election day. The form must include space for the maximum
number of individuals for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
must include a statement that the voter is registered to vote in the precinct,
personally knows that the individual is a resident of the precinct, and is
making the statement on oath. The form
must include a space for the voter's printed name, signature, telephone number,
and address.
The oath required
by this subdivision and Minnesota Rules, part 8200.9939, must be attached to
the voter registration application.
(b) The
operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the
residential facility. The operator shall
certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.
(c)
"Residential facility" means transitional housing as defined in
section 256E.33, subdivision 1; a supervised living facility licensed by the
commissioner of health under section 144.50, subdivision 6; a nursing home as
defined in section 144A.01, subdivision 5; a residence registered with the
commissioner of health as a housing with services establishment as defined in
section 144D.01, subdivision 4; a veterans home operated by the board of
directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program
as defined in section 245A.02, subdivision 14; a residential facility for
persons with a developmental disability licensed by the commissioner of human
services under section 252.28; group residential housing as defined in section
256I.03, subdivision 3; a shelter for battered women as defined in section
611A.37, subdivision 4; or a supervised publicly or privately operated shelter
or dwelling designed to provide temporary living accommodations for the homeless.
(d) For tribal
band members, an individual may prove residence for purposes of registering by:
(1) presenting
an identification card issued by the tribal government of a tribe recognized by
the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or
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(2) presenting
an identification card issued by the tribal government of a tribe recognized by
the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting
one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item
B.
(e) A county,
school district, or municipality may require that an election judge responsible
for election day registration initial each completed registration application.
Sec. 4. Minnesota Statutes 2008, section 201.071,
subdivision 1, is amended to read:
Subdivision
1. Form. A voter registration application must be
of suitable size and weight for mailing and contain spaces for the
following required information: voter's
first name, middle name, and last name; voter's previous name, if any; voter's
current address; voter's previous address, if any; voter's date of birth;
voter's municipality and county of residence; voter's telephone number, if
provided by the voter; date of registration; current and valid Minnesota
driver's license number or Minnesota state identification number, or if the
voter has no current and valid Minnesota driver's license or Minnesota state
identification, and the last four digits of the voter's Social Security
number; and voter's signature.
The registration application may include the voter's e-mail address, if
provided by the voter, and the voter's interest in serving as an election
judge, if indicated by the voter. The
application must also contain the following certification of voter eligibility:
"I certify
that I:
(1) will be at
least 18 years old on election day;
(2) am a citizen
of the United States;
(3) will have
resided in Minnesota for 20 days immediately preceding election day;
(4) maintain
residence at the address given on the registration form;
(5) am not under
court-ordered guardianship in which the court order revokes my right to vote;
(6) have not
been found by a court to be legally incompetent to vote;
(7) have the
right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence; and
(8) have read
and understand the following statement:
that giving false information is a felony punishable by not more than
five years imprisonment or a fine of not more than $10,000, or both."
The
certification must include boxes for the voter to respond to the following
questions:
"(1) Are
you a citizen of the United States?" and
"(2) Will
you be 18 years old on or before election day?"
And the
instruction:
"If you
checked 'no' to either of these questions, do not complete this form."
The form of the
voter registration application and the certification of voter eligibility must
be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the
National Voter Registration Act must also be accepted as valid. The federal postcard application form must
also be accepted as valid if it is not deficient and the voter is eligible to
register in Minnesota.
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An individual
may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
A paper
voter registration application must include space for the voter's
signature. Paper voter registration
applications, other than those used for election day registration, must be of suitable
size and weight for mailing.
Sec. 5. Minnesota Statutes 2008, section 201.091, is
amended by adding a subdivision to read:
Subd. 5a.
Registration confirmation to
registered voter. The
secretary of state must ensure that the secretary of state's Web site is
capable of providing voter registration confirmation to a registered
voter. An individual requesting
registration confirmation must provide the individual's name, address, and date
of birth. If the information provided by
the individual completely matches an active voter record in the statewide voter
registration system, the Web site must inform the individual that the
individual is a registered voter and must provide the individual with the
individual's polling place location. If
the information provided by the individual does not completely match an active
voter record in the statewide voter registration system, the Web site must
inform the individual that a voter record with that name and date of birth at
the address provided cannot be confirmed and the Web site must advise the
individual to contact the county auditor for further information.
EFFECTIVE DATE.
This section is not effective until the secretary of state has
certified that the Web site has been tested, has been shown to properly
retrieve information from the correct voter's record, and can handle the
expected volume of use.
Sec. 6. Minnesota Statutes 2008, section 203B.12,
subdivision 2, is amended to read:
Subd. 2. Examination
of return envelopes. Two or more
election judges shall examine each return envelope and shall mark it accepted
or rejected in the manner provided in this subdivision. If a ballot has been prepared under
section 204B.12, subdivision 2a, or 204B.41, the election judges shall not
begin removing ballot envelopes from the return envelopes until 8:00 p.m. on
election day, either in the polling place or at an absentee ballot board
established under section 203B.13.
The election
judges shall mark the return envelope "Accepted" and initial or sign
the return envelope below the word "Accepted" if the election judges
or a majority of them are satisfied that:
(1) the voter's
name and address on the return envelope are the same as the information
provided on the absentee ballot application;
(2) the voter's
signature on the return envelope is the genuine signature of the individual who
made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a
person other than the voter applied for the absentee ballot under applicable
Minnesota Rules, the signature is not required to match;
(3) the voter
is registered and eligible to vote in the precinct or has included a properly completed
voter registration application in the return envelope; and
(4) the voter
has not already voted at that election, either in person or by absentee ballot.
There is no
other reason for rejecting an absentee ballot.
In particular, failure to place the ballot within the security envelope
before placing it in the outer white envelope is not a reason to reject an
absentee ballot.
The return
envelope from accepted ballots must be preserved and returned to the county
auditor.
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If all or a
majority of the election judges examining return envelopes find that an absent
voter has failed to meet one of the requirements prescribed in clauses (1) to
(4), they shall mark the return envelope "Rejected," initial or sign
it below the word "Rejected," and return it to the county auditor.
Sec. 7. Minnesota Statutes 2008, section 204B.04,
subdivision 2, is amended to read:
Subd. 2. Candidates
seeking nomination by primary. No
individual who seeks nomination for any partisan or nonpartisan office at a
primary shall be nominated for the same office by nominating petition, except
as otherwise provided for partisan offices in section 204D.10, subdivision 2,
and for nonpartisan offices in section 204B.13, subdivision 4.
Sec. 8. Minnesota Statutes 2008, section 204B.04,
subdivision 3, is amended to read:
Subd. 3. Nomination
for nonpartisan office. No
individual shall be nominated by nominating petition for any nonpartisan office
except in the event of a vacancy in nomination as provided in section
204B.13.
Sec. 9. Minnesota Statutes 2008, section 204B.07,
subdivision 1, is amended to read:
Subdivision
1. Form
of petition. A nominating petition
may consist of one or more separate pages each of which shall state:
(a) the office
sought;
(b) the
candidate's name and residence address, including street and number if any; and
(c) the candidate's
political party or political principle expressed in not more than three
words. No candidate who files for a
partisan office by nominating petition shall use the term
"nonpartisan" as a statement of political principle or the name of
the candidate's political party. No part
of the name of a major political party may be used to designate the political
party or principle of a candidate who files for a partisan office by nominating
petition, except that the word "independent" may be used to designate
the party or principle. A candidate
who files by nominating petition to fill a vacancy in nomination for a
nonpartisan office pursuant to section 204B.13, shall not state any political
principle or the name of any political party on the petition.
Sec. 10. Minnesota Statutes 2008, section 204B.09,
subdivision 1, is amended to read:
Subdivision
1. Candidates
in state and county general elections.
(a) Except as otherwise provided by this subdivision, affidavits of
candidacy and nominating petitions for county, state, and federal offices
filled at the state general election shall be filed not more than 70 days nor
less than 56 days before the state primary.
The affidavit may be prepared and signed at any time between 60 days
before the filing period opens and the last day of the filing period.
(b)
Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to
administer oaths under section 358.10.
(c) This provision
does not apply to candidates for presidential elector nominated by major
political parties. Major party
candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors
may file petitions on or before the state primary day pursuant to section
204B.07. Nominating petitions to fill
vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be
accepted later than 5:00 p.m. on the last day for filing.
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(d) Affidavits and petitions for county offices must
be filed with the county auditor of that county. Affidavits and petitions for federal offices
must be filed with the secretary of state.
Affidavits and petitions for state offices must be filed with the
secretary of state or with the county auditor of the county in which the
candidate resides.
(e) Affidavits other than those filed pursuant to
subdivision 1a must be submitted by mail or by hand, notwithstanding chapter
325L, or any other law to the contrary and must be received by 5:00 p.m. on the
last day for filing.
Sec. 11.
Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to
read:
Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may be signed by any individual
eligible to vote for the candidate. A
nominating petition filed pursuant to section 204B.07 or 204B.13,
subdivision 4, is effective as a petition in place of a filing fee if the
nominating petition includes a prominent statement informing the signers of the
petition that it will be used for that purpose.
The number of signatures on a petition in place of a
filing fee shall be as follows:
(a) for a state office voted on statewide, or for
president of the United States, or United States senator, 2,000;
(b) for a congressional office, 1,000;
(c) for a county or legislative office, or for the
office of district judge, 500; and
(d) for any other office which requires a filing fee
as prescribed by law, municipal charter, or ordinance, the lesser of 500 signatures
or five percent of the total number of votes cast in the municipality, ward, or
other election district at the preceding general election at which that office
was on the ballot.
An official with whom petitions are filed shall make
sample forms for petitions in place of filing fees available upon request.
Sec. 12.
Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to
read:
Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
manner provided by this section. A
vacancy in nomination exists when:
(a) (1) a
major political party candidate or nonpartisan candidate who was
nominated at a primary dies or files an affidavit of withdrawal as provided
in section 204B.12, subdivision 2a; or
(b) a candidate for a nonpartisan office, for which
one or two candidates filed, dies or files an affidavit of withdrawal as
provided in section 204B.12, subdivision 1. (2) a major political party candidate for state
constitutional office or the candidate's legal guardian files an affidavit of
vacancy at least one day prior to the general election with the same official
who received the affidavit of candidacy that states that:
(i) the candidate has a catastrophic illness that was
diagnosed after the deadline for withdrawal; and
(ii) the candidate's illness will permanently and
continuously incapacitate the candidate and prevent the candidate from
performing the duties of the office sought.
The affidavit must be accompanied by a certificate
verifying that the candidate's illness meets the requirements of this clause,
signed by at least two licensed physicians.
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Sec. 13. Minnesota Statutes 2008, section 204B.13,
subdivision 2, is amended to read:
Subd. 2. Partisan
office; nomination by party.
(a) A vacancy in nomination for partisan office shall be
filled as provided in this subdivision effectively remove that office
from the ballot. Votes cast at the
general election for that office are invalid and the office must be filled in a
special election held in accordance with section 204D.17, except as provided by
this section.
Except for
the vacancy in nomination, all other candidates whose names would have appeared
on the general election ballot for this race must appear on the special
election ballot for this race. There
must not be a primary to fill the vacancy in nomination.
A major
political party has the authority to fill a vacancy in nomination of that
party's candidate by filing a nomination certificate with the same official who
received the affidavits of candidacy for that office.
(b) A major
political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill vacancies in nomination for
all federal and state offices elected statewide. The nomination certificate shall be prepared
under the direction of and executed by the chair and secretary of the political
party and filed within seven days after the vacancy in nomination occurs or
before the 14th day before the general election, whichever is sooner. If the vacancy in nomination occurs through
the candidate's death or catastrophic illness, the nomination certificate must
be filed within seven days after the vacancy in nomination occurs but no later
than four days before the general election.
The chair and secretary when filing the certificate shall attach an affidavit
stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the
affidavit are the chair and secretary of the party.
Sec. 14. Minnesota Statutes 2008, section 204B.13, is
amended by adding a subdivision to read:
Subd. 7.
Date of special election. The special election must be held on the
second Tuesday in December.
Sec. 15. Minnesota Statutes 2008, section 204B.13, is
amended by adding a subdivision to read:
Subd. 8.
Absentee voters. All applicants for absentee ballots for
the general election must be sent ballots for the special election, without
submission of a new absentee ballot application.
Sec. 16. Minnesota Statutes 2008, section 204B.13, is
amended by adding a subdivision to read:
Subd. 9.
Subsequent vacancy in
nomination. (a) A vacancy in
nomination that occurs prior to a special election scheduled as a result of an
earlier vacancy in nomination must be filled in the same manner as provided in
this section, except that the previously scheduled special election must be
canceled and a new special election held.
(b) A
special election required by this subdivision must be held on the second
Tuesday of the month following the month during which the prior special
election was scheduled to be held, provided that if the new special election
date falls on a federal holiday, the special election must be held on the next
following Tuesday after the holiday.
Sec. 17. Minnesota Statutes 2008, section 205.075,
subdivision 1, is amended to read:
Subdivision
1. Date
of election. The general election in
a town must be held on the second Tuesday in March, except as provided in
subdivision 2 or when moved for bad weather as provided in section 365.51,
subdivision 1.
Sec. 18. Minnesota Statutes 2008, section 205.075, is
amended by adding a subdivision to read:
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5681
Subd. 2a. Return
to March election. The town
board of a town that has adopted the alternative November election date under
subdivision 2 may, after having conducted at least two elections on the
alternative date, adopt a resolution designating the second Tuesday in March as
the date of the town general election.
The resolution must be adopted by a unanimous vote of the town
supervisors and must include a plan to shorten or lengthen the terms of office
to provide an orderly transition to the March election schedule. The resolution becomes effective upon an
affirmative vote of the electors at the next town general election.
Sec. 19.
Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to
read:
Subd. 4. Officers; November election. Except as provided in subdivision 4a, supervisors
and other town officers in towns that hold the town general election in
November shall be elected for terms of four years commencing on the first
Monday in January and until their successors are elected and qualified. The clerk and treasurer shall be elected in
alternate years.
Sec. 20.
Minnesota Statutes 2008, section 367.03, is amended by adding a
subdivision to read:
Subd. 4a. Optional
six-year terms. The
resolution required under section 205.075, subdivision 2, to adopt the
alternative November date for town general election may include the proposal
and corresponding transition plan to provide for a six-year term for town
supervisors. A town that has adopted the
alternative November date for general town elections using the four-year terms
provided under subdivision 4 may adopt a resolution establishing six-year terms
for supervisors as provided under this subdivision. The resolution must include a plan to provide
an orderly transition to six-year terms.
The resolution adopting the six-year term for town supervisors may be
proposed by the town board or by a resolution of the electors adopted at the
annual town meeting and is effective upon an affirmative vote of the electors
at the next town general election.
Sec. 21. REPEALER.
Minnesota Statutes 2008, sections 204B.12, subdivision
2a; 204B.13, subdivisions 4, 5, and 6; 204B.41; and 204D.169, are repealed.
Sec. 22. EXPIRATION.
Sections 6 to 16 and 21 expire on June 30, 2013."
Delete the title and insert:
"A bill for an act relating to elections;
changing certain procedures and requirements; establishing new election
procedures; amending Minnesota Statutes 2008, sections 13.607, subdivision 7;
135A.17, subdivision 2; 201.016, subdivisions 1a, 2; 201.022, subdivision 1;
201.056; 201.061, subdivisions 1, 3; 201.071, subdivision 1; 201.091, by adding
a subdivision; 201.11; 201.12; 201.13; 202A.14, subdivision 3; 203B.001;
203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivisions
1, 6; 203B.05; 203B.06, subdivision 3; 203B.07, subdivisions 2, 3; 203B.08,
subdivisions 2, 3; 203B.081; 203B.085; 203B.11, subdivision 1; 203B.12,
subdivision 2; 203B.125; 203B.23, subdivisions 1, 2; 203B.24, subdivision 1;
203B.26; 204B.04, subdivisions 2, 3; 204B.07, subdivision 1; 204B.09,
subdivisions 1, 3; 204B.11, subdivision 2; 204B.13, subdivisions 1, 2, by
adding subdivisions; 204B.14, subdivision 4, by adding a subdivision; 204B.16,
subdivision 1; 204B.18, subdivision 1; 204B.27, subdivision 2; 204B.33;
204B.38; 204B.45, subdivision 2; 204B.46; 204C.02; 204C.04, subdivision 1;
204C.06, subdivision 1; 204C.08, subdivisions 1a, 3; 204C.10; 204C.13,
subdivisions 2, 6; 204C.15, subdivision 3; 204C.17; 204C.27; 204C.30, by adding
a subdivision; 204C.33, subdivisions 1, 3; 204C.37; 204D.04, subdivision 2;
204D.09, subdivision 2; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivision
2; 205.075, subdivision 1, by adding a subdivision; 205.13, subdivisions 1, 2;
205.16, subdivisions 2, 3; 205.185, subdivision 3, by adding a subdivision;
205A.03, subdivision 1; 205A.05, subdivisions 1, 2; 205A.07, subdivision 2;
205A.10, subdivisions 2, 3, by adding
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5682
a subdivision; 206.57, subdivision 6; 206.61,
subdivision 5; 206.83; 206.89, subdivision 2; 208.05; 211A.02, subdivision 2;
211A.05, subdivision 2; 367.03, subdivision 4, by adding a subdivision; 412.02,
subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 414.0325,
subdivisions 1, 4; 414.033, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 203B; 204B; 204D; 205; 205A; repealing Minnesota
Statutes 2008, sections 201.096; 203B.04, subdivision 5; 203B.10; 203B.11,
subdivision 2; 203B.12; 203B.13; 203B.25; 204B.12, subdivision 2a; 204B.13,
subdivisions 4, 5, 6; 204B.41; 204D.169; 206.805, subdivision 2."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The
report was adopted.
SECOND READING OF HOUSE
BILLS
H. F. No. 1708
was read for the second time.
SECOND READING OF SENATE
BILLS
S.
F. Nos. 97 and 1012 were read for the second time.
MESSAGES
FROM THE SENATE
The following
messages were received from the Senate:
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 1362, A bill for an act relating to state
government; establishing the health and human services budget; making changes
to licensing; Minnesota family investment program, children, and adult
supports; child support; the Department of Health; health care programs; making
technical changes; chemical and mental health; continuing care programs;
establishing the State-County Results, Accountability, and Service Delivery
Redesign; public health; health-related fees; making forecast adjustments; creating
work groups and pilot projects; requiring reports; decreasing provider
reimbursements; increasing fees; appropriating money to various state agencies
for health and human services provisions; amending Minnesota Statutes 2008,
sections 62J.495; 62J.496; 62J.497, subdivisions 1, 2, by adding subdivisions;
62J.692, subdivision 7; 103I.208, subdivision 2; 125A.744, subdivision 3;
144.0724, subdivisions 2, 4, 8, by adding subdivisions; 144.121, subdivisions
1a, 1b; 144.122; 144.1222, subdivision 1a; 144.125, subdivision 1; 144.226,
subdivision 4; 144.72, subdivisions 1, 3; 144.9501, subdivisions 22b, 26a, by
adding subdivisions; 144.9505, subdivisions 1g, 4; 144.9508, subdivisions 2, 3,
4; 144.9512, subdivision 2; 144.966, by adding a subdivision; 144.97, subdivisions
2, 4, 6, by adding subdivisions; 144.98, subdivisions 1, 2, 3, by adding
subdivisions; 144.99, subdivision 1; 144A.073, by adding a subdivision;
144A.44, subdivision 2; 144A.46, subdivision 1; 148.108; 148.6445, by adding a
subdivision; 148D.180, subdivisions 1, 2, 3, 5; 148E.180,
Journal of the House - 52nd Day - Tuesday, May 12, 2009 - Top
of Page 5683
subdivisions 1, 2, 3, 5; 153A.17; 156.015; 157.15, by
adding a subdivision; 157.16; 157.22; 176.011, subdivision 9; 245.462,
subdivision 18; 245.470, subdivision 1; 245.4871, subdivision 27; 245.488,
subdivision 1; 245.4885, subdivision 1; 245A.03, by adding a subdivision;
245A.10, subdivisions 2, 3, 4, 5, by adding subdivisions; 245A.11, subdivision
2a, by adding a subdivision; 245A.16, subdivisions 1, 3; 245C.03, subdivision
2; 245C.04, subdivisions 1, 3; 245C.05, subdivision 4; 245C.08, subdivision 2;
245C.10, subdivision 3, by adding subdivisions; 245C.17, by adding a
subdivision; 245C.20; 245C.21, subdivision 1a; 245C.23, subdivision 2; 246.50,
subdivision 5, by adding subdivisions; 246.51, by adding subdivisions; 246.511;
246.52; 246B.01, by adding subdivisions; 252.46, by adding a subdivision;
252.50, subdivision 1; 254A.02, by adding a subdivision; 254A.16, by adding a
subdivision; 254B.03, subdivisions 1, 3, by adding a subdivision; 254B.05,
subdivision 1; 254B.09, subdivision 2; 256.01, subdivision 2b, by adding
subdivisions; 256.045, subdivision 3; 256.476, subdivisions 5, 11; 256.962,
subdivisions 2, 6; 256.963, by adding a subdivision; 256.969, subdivision 3a;
256.975, subdivision 7; 256.983, subdivision 1; 256B.04, subdivision 16;
256B.055, subdivisions 7, 12; 256B.056, subdivisions 3, 3b, 3c, by adding a
subdivision; 256B.057, subdivisions 3, 9, by adding a subdivision; 256B.0575;
256B.0595, subdivisions 1, 2; 256B.06, subdivisions 4, 5; 256B.0621,
subdivision 2; 256B.0622, subdivision 2; 256B.0623, subdivision 5; 256B.0624,
subdivisions 5, 8; 256B.0625, subdivisions 3c, 7, 8, 8a, 9, 13e, 17, 19a, 19c,
26, 41, 42, 47; 256B.0631, subdivision 1; 256B.0641, subdivision 3; 256B.0651;
256B.0652; 256B.0653; 256B.0654; 256B.0655, subdivisions 1b, 4; 256B.0657,
subdivisions 2, 6, 8, by adding a subdivision; 256B.08, by adding a
subdivision; 256B.0911, subdivisions 1, 1a, 3, 3a, 4a, 5, 6, 7, by adding
subdivisions; 256B.0913, subdivision 4; 256B.0915, subdivisions 3e, 3h, 5, by
adding a subdivision; 256B.0916, subdivision 2; 256B.0917, by adding a
subdivision; 256B.092, subdivision 8a, by adding subdivisions; 256B.0943,
subdivision 1; 256B.0944, by adding a subdivision; 256B.0945, subdivision 4;
256B.0947, subdivision 1; 256B.15, subdivisions 1, 1a, 1h, 2, by adding
subdivisions; 256B.37, subdivisions 1, 5; 256B.434, by adding a subdivision;
256B.437, subdivision 6; 256B.441, subdivisions 48, 55, by adding subdivisions;
256B.49, subdivisions 12, 13, 14, 17, by adding subdivisions; 256B.501,
subdivision 4a; 256B.5011, subdivision 2; 256B.5012, by adding a subdivision;
256B.5013, subdivision 1; 256B.69, subdivisions 5a, 5c, 5f; 256B.76,
subdivisions 1, 4, by adding a subdivision; 256B.761; 256D.024, by adding a
subdivision; 256D.03, subdivision 4; 256D.051, subdivision 2a; 256D.0515;
256D.06, subdivision 2; 256D.09, subdivision 6; 256D.44, subdivision 5;
256D.49, subdivision 3; 256G.02, subdivision 6; 256I.03, subdivision 7;
256I.05, subdivisions 1a, 7c; 256J.08, subdivision 73a; 256J.20, subdivision 3;
256J.24, subdivisions 5a, 10; 256J.26, by adding a subdivision; 256J.37,
subdivision 3a, by adding a subdivision; 256J.38, subdivision 1; 256J.45,
subdivision 3; 256J.49, subdivision 13; 256J.575, subdivisions 3, 6, 7;
256J.621; 256J.626, subdivision 6; 256J.751, by adding a subdivision; 256J.95,
subdivision 12; 256L.04, subdivision 10a, by adding a subdivision; 256L.05,
subdivision 1, by adding subdivisions; 256L.11, subdivisions 1, 7; 256L.12,
subdivision 9; 256L.17, subdivision 3; 259.67, by adding a subdivision;
270A.09, by adding a subdivision; 295.52, by adding a subdivision; 327.14, by
adding a subdivision; 327.15; 327.16; 327.20, subdivision 1, by adding a
subdivision; 393.07, subdivision 10; 501B.89, by adding a subdivision; 518A.53,
subdivisions 1, 4, 10; 519.05; 604A.33, subdivision 1; 609.232, subdivision 11;
626.556, subdivision 3c; 626.5572, subdivisions 6, 13, 21; Laws 2003, First
Special Session chapter 14, article 13C, section 2, subdivision 1, as amended;
Laws 2007, chapter 147, article 19, section 3, subdivision 4, as amended;
proposing coding for new law in Minnesota Statutes, chapters 62A; 62Q; 156; 246B;
254B; 256; 256B; proposing coding for new law as Minnesota Statutes, chapter
402A; repealing Minnesota Statutes 2008, sections 62U.08; 103I.112; 144.9501,
subdivision 17b; 148D.180, subdivision 8; 246.51, subdivision 1; 246.53,
subdivision 3; 256.962, subdivision 7; 256B.0655, subdivisions 1, 1a, 1c, 1d,
1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13; 256B.071, subdivisions
1, 2, 3, 4; 256B.092, subdivision 5a; 256B.19, subdivision 1d; 256B.431,
subdivision 23; 256D.46; 256I.06, subdivision 9; 256J.626, subdivision 7;
327.14, subdivisions 5, 6; Laws 1988, chapter 689, section 251; Minnesota
Rules, parts 4626.2015, subpart 9; 9100.0400, subparts 1, 3; 9100.0500;
9100.0600; 9500.1243, subpart 3; 9500.1261, subparts 3, 4, 5, 6; 9555.6125,
subpart 4, item B.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Journal of the House - 52nd Day - Tuesday, May 12, 2009 - Top
of Page 5684
Madam Speaker:
I hereby announce
that the Senate accedes to the request of the house for the appointment of a
Conference Committee on the amendments adopted by the Senate to the following
House File:
H. F. No. 928, A bill for an act relating to transportation;
modifying various provisions related to transportation or public safety;
prohibiting certain acts; amending Minnesota Statutes 2008, sections 161.14,
subdivision 62, as added, by adding subdivisions; 168.33, subdivision 2;
169.011, by adding a subdivision; 169.045; 169.15; 169.306; 169.71, subdivision
1; 171.12, subdivision 6; 174.86, subdivision 5; 221.012, subdivision 38, by
adding a subdivision; 221.0252, by adding a subdivision; 473.167, subdivision
2a; Laws 2008, chapter 287, article 1, section 122; proposing coding for new
law in Minnesota Statutes, chapters 160; 171; 174; 299C.
The Senate has appointed as such committee:
Senators Murphy, Dibble, Day, Doll and Sieben.
Said House File is herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
I hereby announce
that the Senate accedes to the request of the house for the appointment of a
Conference Committee on the amendments adopted by the Senate to the following
House File:
H. F. No. 1231, A bill for an act relating to state
government; appropriating money from constitutionally dedicated funds and
providing for policy and governance of outdoor heritage, clean water, parks and
trails, and arts and cultural heritage purposes; establishing and modifying
grants and funding programs; providing for advisory groups; providing appointments;
requiring reports; requiring rulemaking; amending Minnesota Statutes 2008,
sections 3.303, by adding a subdivision; 3.971, by adding a subdivision;
17.117, subdivision 11a; 18G.11, by adding a subdivision; 84.02, by adding
subdivisions; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by adding subdivisions;
103F.515, subdivisions 2, 4; 114D.50; 116G.15; 116P.05, subdivision 2; 129D.17;
477A.12, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 3; 84; 84C; 85; 116; 129D; 138; 477A.
The Senate has appointed as such committee:
Senators Cohen, Anderson, Saxhaug, Chaudhary and Frederickson.
Said House File is herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
I hereby announce
that the Senate accedes to the request of the house for the appointment of a
Conference Committee on the amendments adopted by the Senate to the following
House File:
H. F. No. 1988, A bill for an act relating to human
services; requiring managed care plans and county-based purchasing plans to
report provider payment rate data; requiring the commissioner to analyze the
plans' data; requiring a report; amending Minnesota Statutes 2008, section
256B.69, subdivision 9b.
Journal of the House - 52nd Day - Tuesday, May 12, 2009 - Top
of Page 5685
The Senate has appointed as such committee:
Senators Berglin, Lourey, Sheran, Rosen and Prettner
Solon.
Said House File is herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 802.
The Senate has repassed said bill in accordance with
the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 802
A bill for an act relating to public
safety; appropriating money for public safety, corrections, and other criminal
justice agencies; requiring annual appropriation of money in Bureau of Criminal
Apprehension account to commissioner of public safety; repealing the mandatory
minimum sentences for predatory offender registration offenses and subsequent
controlled substances offenses; providing a 90-day cap on incarceration for
certain first-time supervised release violations; eliminating the requirement
that judges impose a minimum sentence on felony DWI offenders; requesting the
Sentencing Guidelines Commission to rerank the felony DWI offense; providing
for supervised release of offenders; expanding the challenge incarceration
program; requiring the Sentencing Guidelines Commission and the Departments of
Corrections and Public Safety to review its reports; requiring Department of
Corrections to annually report on felony DWI offenders; requiring that reports
to the legislature by criminal justice agencies be submitted electronically;
modifying and expanding the conditional release program for nonviolent drug
offenders; including an advisory board for consultation with the commissioner
of corrections for the conditional release program; repealing the conditional
release program's sunset; authorizing correctional facilities to forward
surcharges from offender wages to court or other entity collecting the
surcharge; repealing reports on out-of-state juvenile placement; implementing
the legislative auditor's recommendations relating to MINNCOR; requiring the
licensure of firefighters; expanding the stay of adjudication provision for
low-level controlled substance offenders; imposing criminal penalties;
appropriating money; amending Minnesota Statutes 2008, sections 3.195,
subdivision 1, by adding a subdivision; 152.021, subdivision 3; 152.022,
subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025,
subdivision 3; 152.18, subdivision 1; 169A.275, subdivisions 3, 4, 5; 169A.276,
subdivisions 1, 2; 171.29, subdivision 2; 241.27, subdivision 1a, by adding
subdivisions; 243.166, subdivision 5; 244.055, subdivisions 2, 3, 5, 7, by
adding subdivisions; 244.17; 244.172, subdivision 1; 299N.02, subdivision 3;
357.021, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapters 244; 299N; repealing Minnesota Statutes 2008, sections 152.026;
244.055, subdivisions 6, 11; 260B.199, subdivision 2; 260B.201, subdivision 3;
325E.22.
May 11, 2009
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
Journal of the
House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5686
We, the
undersigned conferees for S. F. No. 802 report that we have agreed upon the
items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 802 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 article.
2010 2011 Total
General $886,898,000 $927,148,000 $1,814,046,000
Federal 38,000,000 0 38,000,000
State Government Special Revenue 66,573,000 70,336,000 136,909,000
Environmental 69,000 69,000 138,000
Special Revenue 14,534,000 14,534,000 29,068,000
Trunk Highway 1,941,000 1,941,000 3,882,000
Total $1,008,015,000 $1,014,028,000 $2,022,043,000
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 article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. SUPREME
COURT
Subdivision
1. Total Appropriation $43,476,000 $43,475,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5687
Subd. 2. Supreme
Court Operations 31,376,000 31,375,000
(a) 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.
(b) Criminal Justice Forum. The chief justice is requested to continue
the criminal justice forum to evaluate and examine criminal justice
efficiencies and costs savings, and may submit a report of the findings and
recommendations to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety
policy and finance by February 15, 2010.
(c) Civil Justice Forum. The chief justice is requested to convene
a civil justice forum to evaluate and examine civil justice efficiencies and
cost savings and may submit a report of the findings and recommendations to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety policy and finance by February
15, 2010.
(d) Federal Stimulus Funds. The Supreme Court is encouraged to apply
for all available grants for federal stimulus funds to: (1) continue drug court
programs that lose state funding; and (2) make technological improvements
within the judicial system.
(e) Judicial and Referee Vacancies. The Supreme Court shall not certify a
judicial or referee vacancy under Minnesota Statutes, section 2.722, until it
has examined alternative options, such as temporarily suspending certification
of the vacant position or assigning a retired judge to temporarily fill the
position.
Subd. 3. Civil
Legal Services 12,100,000 12,100,000
Legal
Services to Low-Income Clients in Family Law Matters. Of this appropriation, $877,000 each year is to improve the access of
low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services programs
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph
(a). Any unencumbered balance remaining
in the first year does not cancel and is available in the second year.
Sec. 4. COURT OF APPEALS $10,285,000 $10,285,000
Sec. 5. TRIAL COURTS $250,116,000 $250,116,000
Sec. 6. TAX COURT $818,000 $818,000
Sec. 7. UNIFORM LAWS COMMISSION $51,000 $51,000
Journal of the
House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5688
Sec. 8. BOARD
ON JUDICIAL STANDARDS $456,000 $456,000
$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 $66,028,000 $66,028,000
Sec. 10. PUBLIC
SAFETY
Subdivision
1. Total Appropriation $158,678,000 $162,441,000
Appropriations by Fund
2010 2011
General 80,463,000 80,463,000
Special Revenue 9,632,000 9,632,000
State Government
Special Revenue 66,573,000 70,336,000
Environmental 69,000 69,000
Trunk Highway 1,941,000 1,941,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
(a) Car Fleet. By January 1, 2010, the commissioner shall
reduce the department's fleet of cars that are not used for investigations
by at least five percent when compared to the fleet's status on January 1,
2009. This paragraph shall not apply to
State Patrol vehicles purchased or maintained using trunk highway funds.
(b) Prohibition
on Use of Appropriation. No
portion of this appropriation may be used for the purchase of motor vehicles or
out-of-state travel that is not directly connected with and necessary to carry
out the core functions of the department.
Subd.
2. Emergency Management 2,583,000 2,583,000
Appropriations by Fund
General 1,910,000 1,910,000
Special Revenue 604,000 604,000
Environmental 69,000 69,000
Journal of
the House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5689
Hazmat and Chemical
Assessment Teams. $604,000 each year is appropriated from
the fire safety account in the special revenue fund. These amounts must be used to fund the
hazardous materials and chemical assessment teams.
Subd.
3. Criminal Apprehension 43,368,000 43,368,000
Appropriations by Fund
General 41,420,000 41,420,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 1,941,000 1,941,000
DWI Lab Analysis;
Trunk Highway Fund. Notwithstanding Minnesota
Statutes, section 161.20, subdivision 3, $1,941,000 each year is appropriated from
the trunk highway fund for laboratory analysis related to driving while
impaired cases.
Subd. 4.
Fire Marshal 8,125,000 8,125,000
This appropriation is from the fire
safety account in the special revenue fund.
Of this amount, $5,857,000 each year
is for activities under Minnesota Statutes, section 299F.012, and $2,268,000
each year is for transfer to the general fund under Minnesota Statutes, section
297I.06, subdivision 3.
Subd. 5.
Alcohol and Gambling Enforcement
2,538,000 2,538,000
Appropriations by Fund
General 1,635,000 1,635,000
Special Revenue 903,000 903,000
This appropriation is from the alcohol
enforcement account in the special revenue fund. Of this appropriation, $750,000 each year
shall be transferred to the general fund.
The transfer amount for fiscal year 2012 and fiscal year 2013 shall be
$500,000 per year.
Subd.
6. Office of Justice Programs 35,594,000 35,594,000
Appropriations by Fund
General 35,498,000 35,498,000
State Government
Special Revenue 96,000 96,000
Journal of
the House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5690
(a) Federal
Stimulus Money. The Office of
Justice programs shall give priority to awarding grants for federal stimulus
money to the following activities and programs:
(1) organizations that provide
mentoring grants for children of incarcerated parents;
(2) youth intervention programs, as
defined under Minnesota Statutes, section 299A.73, with an emphasis on those
programs that provide early intervention youth services to children in their
communities;
(3) re-entry programs for offenders,
with a priority on continuing to fund the nonprofit organization selected to
administer the demonstration project for high risk adults under Laws 2007,
chapter 54, article 1, section 19;
(4) trafficking victim programs,
including legal advocacy clinics, training programs, public awareness
initiatives, and victim services hotlines;
(5) nonprofit organizations dedicated
to providing immediate and long-term emotional support and practical help for
families and friends of persons who have died traumatically;
(6) programs that seek to develop and
increase juvenile detention alternatives;
(7) restorative justice programs, as
defined in Minnesota Statutes, section 611A.775, except that a program that
receives federal funds shall not use the funds for cases involving domestic
assault; and
(8) judicial branch efficiency
programs, including e-citation and fine management and collection program
improvements.
For purposes of this subdivision,
"federal stimulus money" means money provided to the state under the
American Recovery and Reinvestment Act of 2009.
(b) Crime Victim
and Youth Intervention Programs.
For the biennium ending June 30, 2011, funding for the following
programs must not be reduced by more than three percent from the level of state
base funding provided for the biennium ending June 30, 2009: (1) crime victim
reparations; (2) battered women's shelters and domestic violence programs; (3)
general crime victim programs; (4) sexual assault victim programs; and (5)
youth intervention programs.
(c) Administration Costs. Up to
2.5 percent of the grant money appropriated in this subdivision may be used to
administer the grant program.
Journal of the
House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5691
Subd.
7. Emergency Communication Networks 66,470,000 70,233,000
This appropriation is from the state government
special revenue fund for 911 emergency telecommunications services.
(a) Public
Safety Answering Points. $13,664,000
each year is to be distributed as provided in Minnesota Statutes, section
403.113, subdivision 2.
(b) 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.
(c) ARMER Debt
Service. $17,557,000 the
first year and $23,261,000 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 Laws 2007, chapter 54, article 1, section 10, subdivision 8.
(d) 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.
(e) ARMER State
Backbone Operating Costs. $5,060,000
each year is to the commissioner of transportation for costs of maintaining and
operating the statewide radio system backbone.
(f) 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 enhancement of public safety
communication interoperability.
(g) Next Generation 911. $3,431,000 the first year and $6,490,000 the second year are to replace the
current system with the Next Generation Internet Protocol (IP) based
network. The base level of funding for
fiscal year 2012 shall be $2,965,000.
(h) Grants to
Local Government. $5,000,000
the first year is for grants to local units of government to assist with the
transition to the ARMER system. This
appropriation is available until June 30, 2012.
Journal of the
House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5692
Sec. 11. PEACE
OFFICER STANDARDS AND TRAINING BOARD (POST) $4,012,000 $4,012,000
(a) 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 $4,012,000 must be transferred and
credited to the general fund. Any new
receipts credited to that account in the second year in excess of $4,012,000
must be transferred and credited to the general fund.
(b) Peace
Officer Training Reimbursements.
$2,859,000 each year is for reimbursements to local governments for
peace officer training costs.
(c) Prohibition
on Use of Appropriation. No
portion of this appropriation may be used for the purchase of motor vehicles or
out-of-state travel that is not directly connected with and necessary to carry
out the core functions of the board.
Sec. 12. PRIVATE
DETECTIVE BOARD $123,000 $123,000
Prohibition on Use of Appropriation.
No portion of this appropriation may be used for the purchase of
motor vehicles or out-of-state travel that is not directly connected with and
necessary to carry out the core functions of the board.
Sec. 13. HUMAN
RIGHTS $3,524,000 $3,524,000
Prohibition on Use of Appropriation.
No portion of this appropriation may be used for the purchase of
motor vehicles or out-of-state travel that is not directly connected with and
necessary to carry out the core functions of the department.
Sec. 14. DEPARTMENT
OF CORRECTIONS
Subdivision 1.
Total Appropriation $469,844,000 $472,095,000
Appropriations by Fund
2010 2011
General 430,954,000 471,205,000
Special Revenue 890,000 890,000
Federal 38,000,000 0
The amounts that may be spent for
each purpose are specified in the following subdivisions.
Journal of
the House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5693
(a) Car Fleet. By January 1, 2010, the commissioner must
reduce the department's fleet of cars by 20 percent.
(b) Prohibition
on Use of Appropriation. No portion
of this appropriation may be used for the purchase of motor vehicles or
out-of-state travel that is not directly connected with and necessary to carry
out the core functions of the department.
Subd.
2. Correctional Institutions 334,341,000 338,199,000
Appropriations by Fund
General 295,761,000 337,619,000
Special Revenue 580,000 580,000
Federal 38,000,000 0
$38,000,000 the first year is from
the fiscal stabilization account in the federal fund. This is a onetime appropriation.
The general fund base for this
program shall be $326,085,000 in fiscal year 2012 and $330,430,000 in fiscal
year 2013.
(a) Treatment
Alternatives; Report. By
December 15, 2009, the commissioner must submit an electronic report to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety policy and finance concerning
alternative chemical dependency treatment opportunities. The report must identify alternatives that
represent best practices in chemical dependency treatment of offenders. The report must contain suggestions for
reducing the length of time between offender commitment to the custody of the
commissioner and graduation from chemical dependency treatment. To the extent possible, the report shall
identify options that will (1) reduce the cost of treatment; (2) expand the
number of treatment beds; (3) improve treatment outcomes; and (4) lower the
rate of substance abuse relapse and criminal recidivism.
(b) Challenge
Incarceration; Maximum Occupancy.
The commissioner shall work to fill all available challenge
incarceration beds for both male and female offenders. If the commissioner fails to fill at least 90
percent of the available challenge incarceration beds by December 1, 2009, the
commissioner must submit a report to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over
public safety policy and finance by January 15, 2010, explaining what steps the
commissioner has taken to fill the beds and why those steps failed to reach the
goal established by the legislature.
Journal of
the House - 52nd Day - Tuesday, May 12, 2009 - Top of Page 5694
(c) Institutional
Efficiencies. The
commissioner shall strive for institutional efficiencies and must reduce the
fiscal year 2008 average adult facility per diem of $89.77 by one percent. The base is cut by $2,850,000 in the first
year and $2,850,000 in the second year to reflect a one percent reduction in
the projected adult facility per diem.
In reducing the projected adult facility per diem, the commissioner must
consider the following:
(1) cooperating with the state of
Wisconsin to obtain economies of scale;
(2) increasing the bed capacity of
the challenge incarceration program;
(3) increasing the number of
nonviolent drug offenders who are granted conditional release under Minnesota
Statutes, section 244.055;
(4) increasing the use of compassionate
release or less costly detention alternatives for elderly and infirm offenders;
(5) discontinuing the department's
practice of annually assigning a warden to serve as a legislative liaison
during the legislative session;
(6) consolidating staff from
correctional institutions in geographical proximity to each other to achieve
efficiencies and cost savings, including wardens, deputy wardens, and human
resources, technology, and employee development personnel;
(7) consolidating the department's
human resources, technology, and employee development functions in a
centralized location;
(8) implementing corrections best
practices; and
(9) implementing cost-saving measures
used by other states and the federal government.
The commissioner must not eliminate
correctional officer positions or implement any other measure that will
jeopardize public safety to achieve the mandated cost savings. The commissioner also must not eliminate
treatment beds to achieve the mandated cost savings.
(d) Per Diem Reduction. If the commissioner fails to reduce the
per diem by one percent, the commissioner must:
(1) reduce the funding for operations
support by the amount of unrealized savings; and
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5695
(2)
submit a report by February 15, 2010, to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over public safety policy and finance that contains descriptions of what
efforts the commissioner made to reduce the per diem, explanations for why
those steps failed to reduce the per diem by one percent, proposed legislative
options that would assist the commissioner in reducing the adult facility per
diem, and descriptions of the specific actions the commissioner took to reduce
funding in operations support.
If
the commissioner reduces the per diem by more than one percent, the
commissioner must use the savings to provide treatment to offenders.
(e) Reductions
to Certain Programming Prohibited.
When allocating reductions in services and programming under this
appropriation, the commissioner may not make reductions to inmate educational
programs, chemical dependency programs, or reentry programs.
(f) Drug Court
Bed Savings. The commissioner
must consider the bed impact savings of drug courts in formulating its prison
bed projections.
(g) Transfer. Notwithstanding Minnesota Statutes,
section 241.27, the commissioner of finance shall transfer $1,000,000 the first
year and $1,000,000 the second year from the Minnesota Correctional Industries
revolving fund to the general fund.
Subd. 3. Community
Services 114,144,000 112,537,000
Appropriations
by Fund
General 114,044,000 112,437,000
Special
Revenue 100,000 100,000
Short-Term Offenders. $1,607,000
the first year is for costs associated with the housing and care of short-term offenders
sentenced prior to June 30, 2009, and housed in local jails. The commissioner may use up to ten percent of
the total amount of the appropriation for inpatient medical care for short-term
offenders with less than six months to serve as affected by the changes made to
Minnesota Statutes, section 609.105, by Laws 2003, First Special Session
chapter 2, article 5, sections 7 to 9.
All funds not expended for inpatient medical care shall be added to and
distributed with the housing funds.
These funds shall be distributed proportionately based on the total
number of days short-term offenders are placed locally, not to exceed the
fiscal year 2009 per diem. All funds
remaining after reimbursements are made shall be transferred to the
department's institution base
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5696
budget
to offset the costs of housing short-term offenders who are sentenced on or
after July 1, 2009, and incarcerated in state correctional facilities. Short-term offenders sentenced before
July 1, 2009, may be housed in a state correctional facility at the
discretion of the commissioner.
This
does not preclude the commissioner from contracting with local jails to house
offenders committed to the custody of the commissioner.
The
Department of Corrections is exempt from the state contracting process for the
purposes of Minnesota Statutes, section 609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections 7 to 9.
Subd. 4. Operations
Support 21,359,000 21,359,000
Appropriations
by Fund
General 21,149,000 21,149,000
Special
Revenue 210,000 210,000
Sec. 15. SENTENCING GUIDELINES $604,000 $604,000
Prohibition
on Use of Appropriation. No portion of this appropriation may be used
for the purchase of motor vehicles or out-of-state travel that is not directly
connected with and necessary to carry out the core functions of the commission.
ARTICLE 2
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota
Statutes 2008, section 2.722, subdivision 4, is amended to read:
Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district court dies,
resigns, retires, or is removed from office, the Supreme Court, in consultation
with judges and attorneys in the affected district, shall determine within
90 days of after receiving notice of a vacancy from the governor
whether the vacant office is necessary for effective judicial administration or
is necessary for adequate access to the courts.
In determining whether the position is necessary for adequate access to
the courts, the Supreme Court shall consider whether abolition or transfer of
the position would result in a county having no chambered judge. The Supreme Court may continue the position,
may order the position abolished, or may transfer the position to a judicial
district where need for additional judges exists, designating the position as
either a county, county/municipal or district court judgeship. The Supreme Court shall certify any vacancy
to the governor, who shall fill it in the manner provided by law.
(b) If a judge of district court fails to timely file
an affidavit of candidacy and filing fee or petition in lieu of a fee, the
official with whom the affidavits of candidacy are required to be filed shall
notify the Supreme Court that the incumbent judge is not seeking
reelection. Within five days of receipt
of the notice, the Supreme Court shall determine whether the judicial position
is necessary for effective judicial administration or adequate access to the
courts and notify the official responsible for certifying the election results
of its determination. In determining
Journal of the House - 52nd Day - Tuesday, May 12,
2009 - Top of Page 5697
whether the position is necessary for adequate access
to the courts, the Supreme Court shall consider whether abolition or transfer
of the position would result in a county having no chambered judge. The Supreme Court may continue the position,
may order the position abolished, or may transfer the position to a judicial
district where the need for additional judgeships exists. If the position is abolished or transferred,
the election may not be held. If the
position is transferred, the court shall also notify the governor of the
transfer. Upon transfer, the position is
vacant and the governor shall fill it in the manner provided by law. An order abolishing or transferring a
position is effective the first Monday in the next January.
Sec. 2. Minnesota Statutes 2008, section 2.722,
subdivision 4a, is amended to read:
Subd. 4a. Referee
vacancy; conversion to judgeship.
When a referee of the district court dies, resigns, retires, or is
voluntarily removed from the position, the chief judge of the district shall
notify the Supreme Court and may petition to request that the position be
converted to a judgeship. The Supreme
Court shall determine within 90 days of the petition whether to order
the position abolished or convert the position to a judgeship in the affected
or another judicial district. The
Supreme Court shall certify any judicial vacancy to the governor, who shall
fill it in the manner provided by law.
The conversion of a referee position to a judgeship under this
subdivision shall not reduce the total number of judges and referees hearing
cases in the family and juvenile courts.
Sec. 3. Minnesota Statutes 2008, section 2.724,
subdivision 2, is amended to read:
Subd. 2. Procedure. To promote and secure more efficient
administration of justice, the chief justice of the Supreme Court of the state
shall supervise and coordinate the work of the courts of the state. The Supreme Court may provide by rule that
the chief justice not be required to write opinions as a member of the Supreme
Court. Its rules may further provide for
it to hear and consider cases in divisions.
It may by rule assign temporarily any retired justice of the Supreme
Court or one judge of the Court of Appeals or district court judge at a time to
act as a justice of the Supreme Court or any number of justices or retired
justices of the Supreme Court to act as judges of the Court of Appeals. Upon the assignment of a Court of Appeals judge
or a district court judge to act as a justice of the Supreme Court, a judge
previously acting as a justice may complete unfinished duties of that
position. Any number of justices may
disqualify themselves from hearing and considering a case, in which event the
Supreme Court may assign temporarily a retired justice of the Supreme Court, a
Court of Appeals judge, or a district court judge to hear and consider the case
in place of each disqualified justice. A
retired justice who is acting as a justice of the Supreme Court or judge of the
Court of Appeals under this section shall receive, in addition to retirement
pay, out of the general fund of the state, an amount to make the retired
justice's total compensation equal to the same salary as a justice or judge of
the court on which the justice is acting.
Sec. 4. Minnesota Statutes 2008, section 2.724,
subdivision 3, is amended to read:
Subd. 3. Retired
justices and judges. (a) The chief
justice of the Supreme Court may assign a retired justice of the Supreme Court to
act as a justice of the Supreme Court pursuant to subdivision 2 or as a judge
of any other court. The chief justice
may assign a retired judge of any court to act as a judge of any court except
the Supreme Court. The chief justice of
the Supreme Court shall determine the pay and expenses to be received by a
justice or judge acting pursuant to this paragraph.
(b) A judge who has been elected to
office and who has retired as a judge in good standing and is not practicing
law may also be appointed to serve as judge of any court except the Supreme
Court. A retired judge acting under this
paragraph will receive pay and expenses in the amount established by the
Supreme Court.
Sec. 5. Minnesota Statutes 2008, section 86B.705,
subdivision 2, is amended to read:
Subd. 2. Fines
and bail money. (a) All fines,
installment payments, and forfeited bail money collected from persons convicted
of violations of this chapter or rules adopted thereunder, or of a violation of
section 169A.20 involving a motorboat, shall be paid to the county treasurer
of the county where the violation occurred by the court administrator or other
person collecting the money within 15 days after the last day of the month the
money was collected deposited in the state treasury.
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(b) One-half of the receipts shall be credited to the
general revenue fund of the county.
The other one-half of the receipts shall be transmitted by the county
treasurer to the commissioner of natural resources to be deposited in
the state treasury and credited to the water recreation account for the
purpose of boat and water safety.
Sec. 6.
Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to
read:
Subd. 2a. Petty misdemeanor cases and criminal
convictions; fee assessment. In
Hennepin County and Ramsey County, the district court administrator or a
designee may, upon the recommendation of the board of trustees and by standing
order of the judges of the district court, include in the costs or
disbursements assessed against a defendant convicted in the district court of
the violation of a statute or municipal ordinance, a county law library fee. This fee may be collected in all petty
misdemeanor cases and criminal prosecutions in which, upon conviction, the
defendant may be subject to the payment of the costs or disbursements in
addition to a fine or other penalty. When
a defendant is convicted of more than one offense in a case, the county law
library fee shall be imposed only once in that case.
Sec. 7.
Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to
read:
Subd. 3. Petty misdemeanor cases and criminal
convictions; fee assessment. The
judge of district court may, upon the recommendation of the board of trustees
and by standing order, include in the costs or disbursements assessed against a
defendant convicted in the district court of the violation of any statute or
municipal ordinance, in all petty misdemeanor cases and criminal prosecutions
in which, upon conviction, the defendant may be subject to the payment of the
costs or disbursements in addition to a fine or other penalty a county law
library fee. When a defendant is
convicted of more than one offense in a case, the county law library fee shall
be imposed only once in that case.
The item of costs or disbursements may not be assessed for any offense
committed prior to the establishment of the county law library.
Sec. 8.
Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to
read:
Subdivision 1. Possession of precursors. (a) A person is guilty of a crime if
the person possesses any chemical reagents or precursors with the intent to
manufacture methamphetamine and if convicted 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 is guilty of a crime if the person
possesses any chemical reagents or precursors with the intent to manufacture
methamphetamine and may be sentenced to imprisonment for not more than 15 years
or to payment of a fine of not more than $30,000, or both, if the conviction is
for a subsequent controlled substance conviction.
As used in this section and section 152.021,
"chemical reagents or precursors" includes any of the following
substances, or any similar substances that can be used to manufacture
methamphetamine, or the salts, isomers, and salts of isomers of a listed or
similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia;
(6) organic solvents;
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(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 9. Minnesota Statutes 2008, section 169A.20,
subdivision 1, is amended to read:
Subdivision 1. Driving
while impaired crime; motor vehicle.
It is a crime for any person to drive, operate, or be in physical
control of any motor vehicle, as defined in section 169A.03, subdivision 15,
except for motorboats in operation and off-road recreational vehicles,
within this state or on any boundary water of this state when:
(1) when the person is under
the influence of alcohol;
(2) when the person is under
the influence of a controlled substance;
(3) when the person is
knowingly under the influence of a hazardous substance that affects the nervous
system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motor vehicle;
(4) when the person is under
the influence of a combination of any two or more of the elements named in
clauses (1), (2), and to (3);
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(5) when the person's alcohol
concentration at the time, or as measured within two hours of the time, of
driving, operating, or being in physical control of the motor vehicle is 0.08
or more;
(6) when the vehicle is a
commercial motor vehicle and the person's alcohol concentration at the time, or
as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or
(7) when the person's body contains
any amount of a controlled substance listed in schedule I or II, or its
metabolite, other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 10. Minnesota Statutes 2008, section 169A.20, is
amended by adding a subdivision to read:
Subd. 1a.
Driving while impaired crime;
motorboat in operation. It is
a crime for any person to operate or be in physical control of a motorboat in
operation on any waters or boundary water of this state when:
(1) the person is under the influence
of alcohol;
(2) the person is under the influence
of a controlled substance;
(3) the person is knowingly under the
influence of a hazardous substance that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's ability to
drive or operate the motorboat;
(4) the person is under the influence
of a combination of any two or more of the elements named in
clauses (1) to (3);
(5) the person's alcohol
concentration at the time, or as measured within two hours of the time, of
driving, operating, or being in physical control of the motorboat is 0.08 or
more; or
(6) the person's body contains any
amount of a controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 11. Minnesota Statutes 2008, section 169A.20, is
amended by adding a subdivision to read:
Subd. 1b.
Driving while impaired crime;
snowmobile and all-terrain vehicle.
It is a crime for any person to operate or be in physical control of
a snowmobile as defined in section 84.81, subdivision 3, or all-terrain vehicle
as defined in section 84.92, subdivision 8, anywhere in this state or on the
ice of any boundary water of this state when:
(1) the person is under the influence
of alcohol;
(2) the person is under the influence
of a controlled substance;
(3) the person is knowingly under the
influence of a hazardous substance that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's ability to
drive or operate the snowmobile or all-terrain vehicle;
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(4) the person is under the influence
of a combination of any two or more of the elements named in
clauses (1) to (3);
(5) the person's alcohol
concentration at the time, or as measured within two hours of the time, of
driving, operating, or being in physical control of the snowmobile or
all-terrain vehicle is 0.08 or more; or
(6) the person's body contains any
amount of a controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2008, section 169A.20, is
amended by adding a subdivision to read:
Subd. 1c.
Driving while impaired crime;
off-highway motorcycle and off-road vehicle. It is a crime for any person to operate or
be in physical control of any off-highway motorcycle as defined in section
84.787, subdivision 7, or any off-road vehicle as defined in section 84.797,
subdivision 7, anywhere in this state or on the ice of any boundary water of
this state when:
(1) the person is under the influence
of alcohol;
(2) the person is under the influence
of a controlled substance;
(3) the person is knowingly under the
influence of a hazardous substance that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's ability to
drive or operate the off-highway motorcycle or off-road vehicle;
(4) the person is under the influence
of a combination of any two or more of the elements named in
clauses (1) to (3);
(5) the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the off-highway motorcycle or
off-road vehicle is 0.08 or more; or
(6) the person's body contains any
amount of a controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 13. Minnesota Statutes 2008, section 169A.25,
subdivision 1, is amended to read:
Subdivision 1. Degree
described. (a) A person who violates
section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired
crime), is guilty of second-degree driving while impaired if two or more aggravating
factors were present when the violation was committed.
(b) A person who violates section
169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of
second-degree driving while impaired if one aggravating factor was present when
the violation was committed.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
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Sec. 14. Minnesota Statutes 2008, section 169A.26,
subdivision 1, is amended to read:
Subdivision 1. Degree
described. (a) A person who violates
section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired
crime), is guilty of third-degree driving while impaired if one aggravating
factor was present when the violation was committed.
(b) A person who violates section
169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of
third-degree driving while impaired.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 15. Minnesota Statutes 2008, section 169A.27,
subdivision 1, is amended to read:
Subdivision 1. Degree
described. A person who violates
section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired
crime), is guilty of fourth-degree driving while impaired.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 16. Minnesota Statutes 2008, section 169A.28,
subdivision 2, is amended to read:
Subd. 2. Permissive
consecutive sentences; multiple offenses.
(a) When a person is being sentenced for a violation of a provision
listed in paragraph (e), the court may sentence the person to a consecutive
term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of
conduct, subject to the limitation on consecutive sentences contained in
section 609.15, subdivision 2, and except as provided in paragraphs (b) and
(c).
(b) When a person is being sentenced
for a violation of section 171.09 (violation of condition of restricted
license), 171.20 (operation after revocation, suspension, cancellation, or
disqualification), 171.24 (driving without valid license), or 171.30 (violation
of condition of limited license), the court may not impose a consecutive
sentence for another violation of a provision in chapter 171 (drivers' licenses
and training schools).
(c) When a person is being sentenced
for a violation of section 169.791 (failure to provide proof of insurance) or
169.797 (failure to provide vehicle insurance), the court may not impose a
consecutive sentence for another violation of a provision of sections 169.79 to
169.7995.
(d) This subdivision does not limit
the authority of the court to impose consecutive sentences for crimes arising
on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or
otherwise deferred sentence under section 609.135 (stay of imposition or
execution of sentence).
(e) This subdivision applies to
misdemeanor and gross misdemeanor violations of the following if the offender
has two or more prior impaired driving convictions within the past ten years:
(1) section 169A.20, subdivision 1,
1a, 1b, or 1c (driving while impaired; impaired driving offenses);
(2) section 169A.20, subdivision 2
(driving while impaired; test refusal offense);
(3) section 169.791;
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(4) section 169.797;
(5) section 171.09 (violation of
condition of restricted license);
(6) section 171.20, subdivision 2
(operation after revocation, suspension, cancellation, or disqualification);
(7) section 171.24; and
(8) section 171.30.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 17. Minnesota Statutes 2008, section 169A.284, is
amended to read:
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.
Subdivision 1. When
required. (a) When a court sentences
a person convicted of an offense enumerated in section 169A.70, subdivision 2
(chemical use assessment; requirement; form), it shall order the person to pay
the cost of the assessment directly to the entity conducting the assessment or
providing the assessment services in an amount determined by the entity
conducting or providing the service and shall impose a chemical dependency
assessment charge of $125 $25.
The court may waive the $25 assessment charge, but may not waive the
cost for the assessment paid directly to the entity conducting the assessment
or providing assessment services. A
person shall pay an additional surcharge of $5 if the person is convicted of a
violation of section 169A.20 (driving while impaired) within five years of a
prior impaired driving conviction or a prior conviction for an offense arising
out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998,
section 169.121 (driver under influence of alcohol or controlled substance) or
169.129 (aggravated DWI-related violations; penalty). This section applies when the sentence is
executed, stayed, or suspended. The
court may not waive payment or authorize payment of the assessment charge and
surcharge in installments unless it makes written findings on the record that
the convicted person is indigent or that the assessment charge and surcharge
would create undue hardship for the convicted person or that person's immediate
family.
(b) The chemical dependency assessment
charge and surcharge required under this section are in addition to the
surcharge required by section 357.021, subdivision 6 (surcharges on criminal
and traffic offenders).
Subd. 2. Distribution
of money. The county court
administrator shall collect and forward to the commissioner of finance
$25 of the chemical dependency assessment charge and the $5 surcharge, if
any, within 60 days after sentencing or explain to the commissioner in
writing why the money was not forwarded within this time period. The commissioner shall credit the money
to the commissioner of finance to be deposited in the state treasury and
credited to the general fund. The
county shall collect and keep $100 of the chemical dependency assessment
charge.
Sec. 18. Minnesota Statutes 2008, section 169A.46,
subdivision 1, is amended to read:
Subdivision 1. Impairment
occurred after driving ceased. If
proven by a preponderance of the evidence, it is an affirmative defense to a violation
of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause
(5); or 1c, clause (5) (driving while impaired, alcohol concentration
within two hours of driving), or 169A.20 by a person having an alcohol
concentration of 0.20 or more as measured at the time, or within two hours of
the time, of the offense, that the defendant consumed a sufficient quantity of
alcohol after the time of the violation and before the administration of the
evidentiary test to cause the defendant's alcohol concentration to exceed the
level specified in the applicable clause.
Evidence that the defendant consumed alcohol after the time of the
violation may not be admitted in defense to any alleged violation of section
169A.20, unless notice is given to the prosecution prior to the omnibus or
pretrial hearing in the matter.
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EFFECTIVE
DATE. This section is effective July 1, 2009,
and applies to crimes committed on or after that date.
Sec. 19.
Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to
read:
Subdivision 1. Revocation periods for DWI convictions. Except as provided in subdivision 7, the commissioner
shall revoke the driver's license of a person convicted of violating section
169A.20 (driving while impaired) or an ordinance in conformity with it, as
follows:
(1) for an offense under section 169A.20, subdivision
1 (driving while impaired crime): not
less than 30 days;
(2) for an offense under section 169A.20, subdivision
2 (refusal to submit to chemical test crime):
not less than 90 days;
(3) for an offense occurring within ten years of a
qualified prior impaired driving incident:
(i) if the current conviction is for a violation of
section 169A.20, subdivision 1, 1a, 1b, or 1c, not less than 180 days
and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70
(chemical use assessments); or
(ii) if the current conviction is for a violation of
section 169A.20, subdivision 2, not less than one year and until the court has
certified that treatment or rehabilitation has been successfully completed where
prescribed in accordance with section 169A.70;
(4) for an offense occurring within ten years of the
first of two qualified prior impaired driving incidents: not less than one year, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established
in accordance with standards established by the commissioner; or
(5) for an offense occurring within ten years of the
first of three or more qualified prior impaired driving incidents: not less than two years, together with denial
under section 171.04, subdivision 1, clause (10), until rehabilitation is
established in accordance with standards established by the commissioner.
EFFECTIVE
DATE. This section is effective July 1, 2009,
and applies to crimes committed on or after that date.
Sec. 20.
Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to
read:
Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail money, from
traffic and motor vehicle law violations, collected from persons
apprehended or arrested by officers of the State Patrol, shall be paid
transmitted by the person or officer collecting the fines, forfeited bail
money, or installments thereof, on or before the tenth day after the last day
of the month in which these moneys were collected, to the county treasurer
of the county where the violation occurred. commissioner of
finance. Except where a different
disposition is required in this paragraph, paragraph (b), section 387.213, or
otherwise provided by law, three-eighths of these receipts shall be
credited to the general revenue fund of the county, except that in a county in
a judicial district under section 480.181, subdivision 1, paragraph (b), this
three-eighths share must be transmitted to the commissioner of finance
for deposit deposited in the state treasury and credited to the
state general fund. The other
five-eighths of these receipts shall be transmitted by that officer to the
commissioner of finance and must be deposited in the state treasury and
credited as follows: (1) the first $600,000 in each fiscal year must be
credited to the Minnesota grade crossing safety account in the special revenue
fund, and (2) remaining receipts must be credited to the state trunk
highway fund. If, however, the violation
occurs within a municipality and the city attorney prosecutes the offense, and
a plea of not guilty is entered, one-third of the receipts shall be
deposited in the state treasury and credited to the
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state general
revenue fund of the county, one-third of the receipts shall be
paid to the municipality prosecuting the offense, and one-third shall be transmitted
to the commissioner of finance as provided in this subdivision.
deposited in the state treasury and credited to the Minnesota grade crossing
safety account or the state trunk highway fund as provided in this
paragraph. When section 387.213 also is
applicable to the fine, section 387.213 shall be applied before this paragraph
is applied. All costs of
participation in a nationwide police communication system chargeable to the
state of Minnesota shall be paid from appropriations for that purpose.
(b) Notwithstanding any other
provisions of law, all fines and forfeited bail money from violations of
statutes governing the maximum weight of motor vehicles, collected from persons
apprehended or arrested by employees of the state of Minnesota, by means of
stationary or portable scales operated by these employees, shall be paid
transmitted by the person or officer collecting the fines or forfeited bail
money, on or before the tenth day after the last day of the month in which the
collections were made, to the county treasurer of the county where the
violation occurred commissioner of finance. Five-eighths of these receipts shall be transmitted
by that officer to the commissioner of finance and shall be deposited in
the state treasury and credited to the state highway user tax
distribution fund. Three-eighths of
these receipts shall be deposited in the state treasury and credited to
the state general revenue fund of the county, except that in a county
in a judicial district under section 480.181, subdivision 1, paragraph (b),
this three-eighths share must be transmitted to the commissioner of finance for
deposit in the state treasury and credited to the general fund.
Sec. 21. Minnesota Statutes 2008, section 357.021,
subdivision 2, is amended to read:
Subd. 2. Fee
amounts. The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or
proceeding in said court, including any case arising under the tax laws of the
state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for
that party in said action, a fee of $240 $310, except in marriage
dissolution actions the fee is $270 $340.
The defendant or other adverse or intervening
party, or any one or more of several defendants or other adverse or intervening
parties appearing separately from the others, shall pay, when the first paper
is filed for that party in said action, a fee of $240 $310,
except in marriage dissolution actions the fee is $270 $340.
The party requesting a trial by jury
shall pay $75 $100.
The fees above stated shall be the
full trial fee chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without trial, and shall
include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E,
except the provisions therein as to appeals.
(2) Certified copy of any instrument
from a civil or criminal proceeding, $10 $14, and $5 $8
for an uncertified copy.
(3) Issuing a subpoena, $12 $16
for each name.
(4) Filing a motion or response to a
motion in civil, family, excluding child support, and guardianship cases, $55 $100.
(5) Issuing an execution and filing
the return thereof; issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $40
$55.
(6) Issuing a transcript of judgment,
or for filing and docketing a transcript of judgment from another court, $30 $40.
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(7) Filing and entering a satisfaction
of judgment, partial satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or
nonexistence of judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or
recording basic science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial,
final, or annual account in all trusteeships, $40 $55.
(11) For the deposit of a will, $20
$27.
(12) For recording notary commission,
$100, of which, notwithstanding subdivision 1a, paragraph (b), $80 must be
forwarded to the commissioner of finance to be deposited in the state treasury
and credited to the general fund.
(13) Filing a motion or response to a
motion for modification of child support, a fee of $55 $100.
(14) All other services required by
law for which no fee is provided, such fee as compares favorably with those
herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing
fees under this chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each adoption petition
filed in district court to fund the fathers' adoption registry under section
259.52.
The fees in clauses (3) and (5) need
not be paid by a public authority or the party the public authority represents.
Sec. 22. Minnesota Statutes 2008, section 357.021,
subdivision 6, is amended to read:
Subd. 6. Surcharges
on criminal and traffic offenders.
(a) Except as provided in this paragraph, the court shall impose and the
court administrator shall collect a $75 surcharge on every person convicted of
any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other
than a violation of a law or ordinance relating to vehicle parking, for which
there shall be a $4 $12 surcharge. When a defendant is convicted of more than
one offense in a case, the surcharge shall be imposed only once in that
case. In the Second Judicial
District, the court shall impose, and the court administrator shall collect, an
additional $1 surcharge on every person convicted of any felony, gross
misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation
of a law or ordinance relating to vehicle parking, if the Ramsey County Board
of Commissioners authorizes the $1 surcharge.
The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed.
The surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to impose a
surcharge as required by this subdivision, the court administrator shall show
the imposition of the surcharge, collect the surcharge, and correct the record.
(c) The court may not waive payment of
the surcharge required under this subdivision.
Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
(d) The court administrator or other
entity collecting a surcharge shall forward it to the commissioner of finance.
(e) If the convicted person is
sentenced to imprisonment and has not paid the surcharge before the term of
imprisonment begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the surcharge from
any earnings the inmate accrues from work performed in the facility or while on
conditional release. The chief executive
officer shall forward the amount collected to the commissioner of finance
court administrator or other entity collecting the surcharge imposed by the
court.
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(f) A person who successfully
completes a diversion or similar program for a violation of chapter 169 must
pay the surcharge described in this subdivision.
Sec. 23. Minnesota Statutes 2008, section 357.021,
subdivision 7, is amended to read:
Subd. 7. Disbursement
of surcharges by commissioner of finance.
(a) Except as provided in paragraphs (b), (c), and (d), the
commissioner of finance shall disburse surcharges received under subdivision 6
and section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to
the game and fish fund to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections 626.84 to
626.863, and who possess peace officer authority for the purpose of enforcing
game and fish laws;
(2) 39 percent shall be credited to
the peace officers training account in the special revenue fund; and
(3) 60 percent shall be credited to
the general fund.
(b) The commissioner of finance shall
credit $3 of each surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.
(c) In addition to any amounts
credited under paragraph (a), the commissioner of finance shall credit $47 of
each surcharge received under subdivision 6 and section 97A.065, subdivision 2,
and the $4 $12 parking surcharge, to the general fund.
(d) If the Ramsey County Board of
Commissioners authorizes imposition of the additional $1 surcharge provided for
in subdivision 6, paragraph (a), the court administrator in the Second Judicial
District shall transmit the surcharge to the commissioner of finance. The $1 special surcharge is deposited in a
Ramsey County surcharge account in the special revenue fund and amounts in the
account are appropriated to the trial courts for the administration of the
petty misdemeanor diversion program operated by the Second Judicial District
Ramsey County Violations Bureau.
Sec. 24. Minnesota Statutes 2008, section 357.022, is
amended to read:
357.022 CONCILIATION COURT FEE.
The court administrator in every
county shall charge and collect a filing fee of $50 $65 from
every plaintiff and from every defendant when the first paper for that party is
filed in any conciliation court action. This
section does not apply to conciliation court actions filed by the state. The court administrator shall transmit the
fees monthly to the commissioner of finance for deposit in the state treasury
and credit to the general fund.
Sec. 25. Minnesota Statutes 2008, section 357.08, is
amended to read:
357.08 PAID BY APPELLANT IN APPEAL.
There shall be paid to the clerk of
the appellate courts by the appellant, or moving party or person requiring the
service, in all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when initially filed
with the clerk of the appellate courts, the sum of $500 $550 to
the clerk of the appellate courts. An
additional filing fee of $100 shall be required for a petition for accelerated
review by the Supreme Court. A filing
fee of $500 $550 shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of
Appeals. A filing fee of $500 $550
shall be paid to the clerk of the appellate courts upon the filing of a
petition for permission to appeal. A
filing fee of $100 shall be paid to the clerk of the appellate courts upon the
filing by a respondent of a notice of review.
The clerk shall transmit the fees to the commissioner of finance for
deposit in the state treasury and credit to the general fund.
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The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the payment has
been made for it. The clerk shall pay
the sum into the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment
proceedings, nor to an action or proceeding by the state taken solely in the
public interest, where the state is the appellant or moving party, nor to
copies of the opinions of the court furnished by the clerk to the parties
before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population
exceeding 50,000, as the court may direct.
Sec. 26. Minnesota
Statutes 2008, section 364.08, is amended to read:
364.08
PRACTICE OF LAW; EXCEPTION.
This chapter shall not apply to the practice of law
or judicial branch employment; but nothing in this section shall be
construed to preclude the Supreme Court, in its discretion, from adopting the
policies set forth in this chapter.
Sec. 27.
Minnesota Statutes 2008, section 375.14, is amended to read:
375.14
OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
The county board shall provide offices at the county
seat for the auditor, treasurer, county recorder, sheriff, court administrator
of the district court, and an office for the county engineer at a site
determined by the county board, with suitable furniture and safes and vaults
for the security and preservation of the books and papers of the offices, and
provide heating, lighting, and maintenance of the offices. The board shall furnish all county officers
with all books, stationery, letterheads, envelopes, postage, telephone service,
office equipment, electronic technology, and supplies necessary to the
discharge of their respective duties and make like provision for the judges
of the district court as necessary to the discharge of their duties within the
county or concerning matters arising in it.
The board is not required to furnish any county officer with
professional or technical books or instruments except when the board deems them
directly necessary to the discharge of official duties as part of the permanent
equipment of the office.
Sec. 28.
Minnesota Statutes 2008, section 480.15, is amended by adding a
subdivision to read:
Subd. 10c. Uniform
collections policies and procedures for courts. (a) The state court administrator under
the direction of the Judicial Council may promulgate uniform collections
policies and procedures for the courts and may contract with credit bureaus,
public and private collection agencies, the Department of Revenue, and other
public or private entities providing collection services as necessary for the
collection of court debts. The court
collection process and procedures are not subject to section 16A.1285. Court debts referred to the Department of
Revenue for collection are not subject to section 16D.07.
(b) Court debt means an amount owed to the state directly
or through the judicial branch on account of a fee, duty, rent, service,
overpayment, fine, assessment, surcharge, court cost, penalty, restitution,
damages, interest, bail bond, forfeiture, reimbursement, liability owed, an
assignment to the judicial branch, recovery of costs incurred by the judicial
branch, or any other source of indebtedness to the judicial branch as well as
amounts owed to other public or private entities for which the judicial branch
acts in providing collection services, or any other amount owed to the judicial
branch.
(c) The courts must pay for the collection services of
public or private collection entities as well as the cost of one or more court
employees to provide collection interface services between the Department of Revenue,
the courts, and one or more collection entities from the money collected. The portion of the money collected which
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must be paid to the collection entity as collection
fees and costs and the portion of the money collected which must be paid to the
courts or Department of Revenue for collection services are appropriated from
the fund to which the collected money is due.
(d) As determined by the state court
administrator, collection costs shall be added to the debts referred to a
public or private collection entity for collection.
Collection costs shall include the
fees of the collection entity, and may include, if separately provided, skip
tracing fees, credit bureau reporting charges, fees assessed by any public
entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection
costs shall also include the costs of one or more court employees employed by
the state court administrator to provide a collection interface between the
collection entity, the Department of Revenue, and the courts.
If the collection entity collects an
amount less than the total due, the payment is applied proportionally to
collection costs and the underlying debt.
Collection costs in excess of collection agency fees and court employee
collection interface costs must be deposited in the general fund as
nondedicated receipts.
Sec. 29. Minnesota Statutes 2008, section 484.85, is
amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY
COUNTY DISTRICT COURT.
(a) In the event the Ramsey County
District Court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a
city or town in Ramsey County, all fines, penalties, and forfeitures collected
shall be paid over to the county treasurer except where a different disposition
is provided by law, and the following fees shall be taxed to the state or
governmental subdivision other than a city or town within Ramsey County which
would be entitled to payment of the fines, forfeitures, or penalties in any
case, and shall be paid to the administrator of the court for disposal of the
matter. The administrator shall deduct
the fees from any fine collected for the state of Minnesota or a governmental
subdivision other than a city or town within Ramsey County and transmit the
balance in accordance with the law, and the deduction of the total of the fees
each month from the total of all the fines collected is hereby expressly made
an appropriation of funds for payment of the fees:
(1) in all cases where the defendant
is brought into court and pleads guilty and is sentenced, or the matter is
otherwise disposed of without a trial, $5;
(2) in arraignments where the
defendant waives a preliminary examination, $10;
(3) in all other cases where the
defendant stands trial or has a preliminary examination by the court, $15; and
(4) the court shall have the
authority to waive the collection of fees in any particular case.
(b) On or before the last day of each
month, the county treasurer shall pay over to the treasurer of the city of St.
Paul two-thirds of all fines, penalties, and forfeitures collected and to the
treasurer of each other municipality or subdivision of government in Ramsey
County one-half of all fines or penalties collected during the previous month
from those imposed for offenses committed within the treasurer's municipality
or subdivision of government in violation of a statute; an ordinance; or a
charter provision, rule, or regulation of a city. All other fines and forfeitures and all fees
and costs collected by the district court shall be paid to the treasurer of
Ramsey County, who shall dispense the same as provided by law.
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(a) In all cases prosecuted in Ramsey
County District Court by an attorney for a municipality or subdivision of
government within Ramsey County for violation of a statute; an ordinance; or a
charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the
state treasury and distributed according to this paragraph. Except where a different disposition is
provided by section 299D.03, subdivision 5, or other law, on or before the last
day of each month, the court shall pay over all fines, penalties, and
forfeitures collected by the court administrator during the previous month as
follows:
(1) for offenses committed within the
city of St. Paul, two-thirds paid to the treasurer of the city of St. Paul and
one-third credited to the state general fund; and
(2) for offenses committed within any
other municipality or subdivision of government within Ramsey County, one-half to
the treasurer of the municipality or subdivision of government and one-half
credited to the state general fund.
All other fines, penalties, and
forfeitures collected by the district court shall be distributed by the courts
as provided by law.
(b) Fines, penalties, and forfeitures
shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county
attorney for prosecutorial services under section 484.87, subdivision 3; or
(2) the attorney general provides
assistance to the city attorney under section 484.87, subdivision 5.
Sec. 30. Minnesota Statutes 2008, section 484.90,
subdivision 6, is amended to read:
Subd. 6. Allocation.
The court administrator shall
provide the county treasurer with the name of the municipality or other
subdivision of government where the offense was committed which employed or
provided by contract the arresting or apprehending officer and the name of the
municipality or other subdivision of government which employed the prosecuting
attorney or otherwise provided for prosecution of the offense for each fine or
penalty and the total amount of fines or penalties collected for each
municipality or other subdivision of government. On or before the last day of each month, the
county treasurer shall pay over to the treasurer of each municipality or
subdivision of government within the county all fines or penalties for parking
violations for which complaints and warrants have not been issued and one-third
of all fines or penalties collected during the previous month for offenses
committed within the municipality or subdivision of government from persons
arrested or issued citations by officers employed by the municipality or
subdivision or provided by the municipality or subdivision by contract. An additional one-third of all fines or
penalties shall be paid to the municipality or subdivision of government
providing prosecution of offenses of the type for which the fine or penalty is
collected occurring within the municipality or subdivision, imposed for violations
of state statute or of an ordinance, charter provision, rule, or regulation of
a city whether or not a guilty plea is entered or bail is forfeited. Except as provided in section 299D.03,
subdivision 5, or as otherwise provided by law, all other fines and forfeitures
and all fees and statutory court costs collected by the court administrator
shall be paid to the county treasurer of the county in which the funds were
collected who shall dispense them as provided by law. In a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), all other fines, forfeitures,
fees, and statutory court costs must be paid to the commissioner of finance for
deposit in the state treasury and credited to the general fund. (a) In
all cases prosecuted in district court by an attorney for a municipality or
other subdivision of government within the county for violations of state
statute, or of an ordinance; or charter provision, rule, or regulation of a
city; all fines, penalties, and forfeitures collected shall be deposited in the
state treasury and distributed according to this paragraph. Except where a different disposition is
provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law, on
or before the last day of each month, the courts shall pay over all fines,
penalties, and forfeitures collected by the court administrator during the
previous month as follows:
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(1) 100 percent of all fines or
penalties for parking violations for which complaints and warrants have not
been issued to the treasurer of the city or town in which the offense was
committed; and
(2) two-thirds of all other fines to
the treasurer of the city or town in which the offense was committed and
one-third credited to the state general fund.
All other fines, penalties, and
forfeitures collected by the court administrator shall be distributed by the courts
as provided by law.
(b) Fines, penalties, and forfeitures
shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county
attorney for prosecutorial services under section 484.87, subdivision 3;
(2) a city has a population of 600 or
less and has given the duty to prosecute cases to the county attorney under
section 487.87; or
(3) the attorney general provides
assistance to the county attorney as permitted by law.
Sec. 31. Minnesota Statutes 2008, section 484.91, subdivision
1, is amended to read:
Subdivision 1. Establishment. Misdemeanor violations bureaus in the
Fourth Judicial District shall be established in Minneapolis, a southern
suburb location, and at any other northern and western suburban locations dispersed
throughout the county as may be designated by a majority of the judges of
the court.
Sec. 32. Minnesota Statutes 2008, section 491A.02,
subdivision 9, is amended to read:
Subd. 9. Judgment
debtor disclosure. Notwithstanding
any contrary provision in rule 518 of the Conciliation Court Rules, unless the
parties have otherwise agreed, if a conciliation court judgment or a judgment
of district court on removal from conciliation court has been docketed in
district court, the judgment creditor's attorney as an officer of the court
may or the district court in the county in which the judgment originated
shall, upon request of the judgment creditor, order the judgment debtor to mail
to the judgment creditor information as to the nature, amount, identity, and
locations of all the debtor's assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently
detailed to enable the judgment creditor to obtain satisfaction of the judgment
by way of execution on nonexempt assets and earnings of the judgment
debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within
ten days after service of the order may result in a citation for civil contempt
of court. Cash bail posted as a result
of being cited for civil contempt of court order under this section may be
ordered payable to the creditor to satisfy the judgment, either partially or
fully.
Sec. 33. Minnesota Statutes 2008, section 491A.03,
subdivision 1, is amended to read:
Subdivision 1. Judges;
referees. The judges of district
court shall may serve as judges of conciliation court. In the Second and Fourth Judicial
Districts, A majority of the judges The chief judge of the district
may appoint one or more suitable persons to act as referees in conciliation
court; a majority of the judges the chief judge of the district
shall establish qualifications for the office, specify the duties and length of
service of referees, and fix their compensation not to exceed an amount per
day determined by the chief judge of the judicial district.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 34.
Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to
read:
Subdivision 1. Original documents. The court administrator of any county upon
order of the judge exercising probate jurisdiction may destroy all the original
documents in any probate proceeding of record in the office five years
after the file in such proceeding has been closed provided the original or a
Minnesota state archives commission approved photographic, photostatic,
microphotographic, microfilmed, or similarly reproduced copy of the original of
the following enumerated documents in the proceeding are on file in the office.
Enumerated original documents:
(a) In estates, the jurisdictional petition and proof
of publication of the notice of hearing thereof; will and certificate of
probate; letters; inventory and appraisal; orders directing and confirming
sale, mortgage, lease, or for conveyance of real estate; order setting apart
statutory selection; receipts for federal estate taxes and state estate taxes;
orders of distribution and general protection; decrees of distribution; federal
estate tax closing letter, consent to discharge by commissioner of revenue and
order discharging representative; and any amendment of the listed documents.
When an estate is deemed closed as provided in clause
(d) of this subdivision, the enumerated documents shall include all claims of
creditors.
(b) In guardianships or conservatorships, the
jurisdictional petition and order for hearing thereof with proof of service;
letters; orders directing and confirming sale, mortgage, lease or for
conveyance of real estate; order for restoration to capacity and order
discharging guardian; and any amendment of the listed documents.
(c) In mental, inebriety, and indigent matters, the
jurisdictional petition; report of examination; warrant of commitment; notice
of discharge from institution, or notice of death and order for restoration to
capacity; and any amendment of the listed documents.
(d) Except for the enumerated documents described in
this subdivision, the court administrator may destroy all other original
documents in any probate proceeding without retaining any reproduction of the
document. For the purpose of this
subdivision, a proceeding is deemed closed if no document has been filed in the
proceeding for a period of 15 years, except in the cases of wills filed for
safekeeping and those containing wills of decedents not adjudicated upon.
Sec. 35.
Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to
read:
Subdivision 1. When owed; rate. (a) When a judgment or award is for the
recovery of money, including a judgment for the recovery of taxes, interest
from the time of the verdict, award, or report until judgment is finally
entered shall be computed by the court administrator or arbitrator as provided
in paragraph (c) and added to the judgment or award.
(b) Except as otherwise provided by contract or
allowed by law, preverdict, preaward, or prereport interest on pecuniary
damages shall be computed as provided in paragraph (c) from the time of the
commencement of the action or a demand for arbitration, or the time of a written
notice of claim, whichever occurs first, except as provided herein. The action must be commenced within two years
of a written notice of claim for interest to begin to accrue from the time of
the notice of claim. If either party
serves a written offer of settlement, the other party may serve a written
acceptance or a written counteroffer within 30 days. After that time, interest on the judgment or
award shall be calculated by the judge or arbitrator in the following
manner. The prevailing party shall
receive interest on any judgment or award from the time of commencement of the
action or a demand for arbitration, or the time of a written notice of claim,
or as to special damages from the time when special damages were incurred, if
later, until the time of verdict, award, or report only if the amount of its
offer is closer to the judgment or award than the
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amount of the opposing party's offer. If the amount of the losing party's offer was
closer to the judgment or award than the prevailing party's offer, the
prevailing party shall receive interest only on the amount of the settlement
offer or the judgment or award, whichever is less, and only from the time of
commencement of the action or a demand for arbitration, or the time of a
written notice of claim, or as to special damages from when the special damages
were incurred, if later, until the time the settlement offer was made. Subsequent offers and counteroffers supersede
the legal effect of earlier offers and counteroffers. For the purposes of clause (2), the amount of
settlement offer must be allocated between past and future damages in the same
proportion as determined by the trier of fact.
Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:
(1) judgments, awards, or benefits in
workers' compensation cases, but not including third-party actions;
(2) judgments or awards for future
damages;
(3) punitive damages, fines, or other
damages that are noncompensatory in nature;
(4) judgments or awards not in excess
of the amount specified in section 491A.01; and
(5) that portion of any verdict,
award, or report which is founded upon interest, or costs, disbursements,
attorney fees, or other similar items added by the court or arbitrator.
(c)(1) For a judgment or award of
$50,000 or less, the interest shall be computed as simple interest per
annum. The rate of interest shall be
based on the secondary market yield of one year United States Treasury bills,
calculated on a bank discount basis as provided in this section.
On or before the 20th day of December
of each year the state court administrator shall determine the rate from the
one-year constant maturity treasury yield for the most recent calendar month,
reported on a monthly basis in the latest statistical release of the board of governors
of the Federal Reserve System. This
yield, rounded to the nearest one percent, or four percent, whichever is
greater, shall be the annual interest rate during the succeeding calendar year. The state court administrator shall
communicate the interest rates to the court administrators and sheriffs for use
in computing the interest on verdicts and shall make the interest rates
available to arbitrators.
(2) For a judgment or award over
$50,000, the interest rate shall be ten percent per year until paid.
(3) When a judgment creditor, or the
judgment creditor's attorney or agent, has received a payment after entry of
judgment, whether the payment is made voluntarily by or on behalf of the
judgment debtor, or is collected by legal process other than execution levy
where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court
administrator for an execution shall file with the court administrator an
affidavit of partial satisfaction. The
affidavit must state the dates and amounts of payments made upon the judgment
after the most recent affidavit of partial satisfaction filed, if any; the part
of each payment that is applied to taxable disbursements and to accrued
interest and to the unpaid principal balance of the judgment; and the accrued,
but the unpaid interest owing, if any, after application of each payment.
(d) This section does not apply to
arbitrations between employers and employees under chapter 179 or 179A. An arbitrator is neither required to nor
prohibited from awarding interest under chapter 179 or under section 179A.16
for essential employees.
EFFECTIVE DATE. This section is
effective August 1, 2009, and applies to judgments and awards finally entered
on or after that date.
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Sec. 36. Minnesota Statutes 2008, section 550.011, is
amended to read:
550.011 JUDGMENT DEBTOR DISCLOSURE.
Unless the parties have otherwise
agreed, if a judgment has been docketed in district court for at least 30 days,
and the judgment is not satisfied, the judgment creditor's attorney as an
officer of the court may or the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the
judgment debtor to mail by certified mail to the judgment creditor information
as to the nature, amount, identity, and locations of all the debtor's assets,
liabilities, and personal earnings. The
information must be provided on a form prescribed by the Supreme Court, and the
information shall be sufficiently detailed to enable the judgment creditor to
obtain satisfaction of the judgment by way of execution on nonexempt assets and
earnings of the judgment debtor. The
order must contain a notice that failure to complete the form and mail it to
the judgment creditor within ten days after service of the order may result in
a citation for civil contempt of court.
Cash bail posted as a result of being cited for civil contempt of court
order under this section may be ordered payable to the creditor to satisfy the
judgment, either partially or fully.
Sec. 37. Minnesota Statutes 2008, section 609.035,
subdivision 2, is amended to read:
Subd. 2. Consecutive
sentences. (a) When a person is
being sentenced for a violation of a provision listed in paragraph (e), the
court may sentence the person to a consecutive term of imprisonment for a
violation of any other provision listed in paragraph (e), notwithstanding the
fact that the offenses arose out of the same course of conduct, subject to the
limitation on consecutive sentences contained in section 609.15, subdivision 2,
and except as provided in paragraphs (b), (c), and (f) of this subdivision.
(b) When a person is being sentenced
for a violation of section 171.09, 171.20, 171.24, or 171.30, the court may not
impose a consecutive sentence for another violation of a provision in chapter
171.
(c) When a person is being sentenced
for a violation of section 169.791 or 169.797, the court may not impose a
consecutive sentence for another violation of a provision of sections 169.79 to
169.7995.
(d) This subdivision does not limit
the authority of the court to impose consecutive sentences for crimes arising
on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or
otherwise deferred sentence under section 609.135.
(e) This subdivision applies to
misdemeanor and gross misdemeanor violations of the following if the offender
has two or more prior impaired driving convictions as defined in section
169A.03 within the past ten years:
(1) section 169A.20, subdivision 1,
1a, 1b, or 1c , driving while impaired;
(2) section 169A.20, subdivision 2,
test refusal;
(3) section 169.791, failure to provide
proof of insurance;
(4) section 169.797, failure to
provide vehicle insurance;
(5) section 171.09, violation of
condition of restricted license;
(6) section 171.20, subdivision 2,
operation after revocation, suspension, cancellation, or disqualification;
(7) section 171.24, driving without
valid license; and
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(8) section 171.30, violation of condition
of limited license.
(f) When a court is sentencing an
offender for a violation of section 169A.20 and a violation of an offense
listed in paragraph (e), and the offender has five or more qualified prior
impaired driving incidents, as defined in section 169A.03, within the past ten
years, the court shall sentence the offender to serve consecutive sentences for
the offenses, notwithstanding the fact that the offenses arose out of the same
course of conduct.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to crimes committed on or after
that date.
Sec. 38. [609.092]
JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE JUSTICE.
Subdivision 1.
First-time juvenile petty
offenders; applicability; procedure.
(a) This subdivision applies to a child alleged to be a juvenile
petty offender who:
(1) has not been previously
adjudicated delinquent or as a petty offender;
(2) has not previously participated in
or completed a diversion program for an offense;
(3) has not previously been placed on
probation without an adjudication for an offense or received a continuance
under section 260B.198, subdivision 7; and
(4) agrees to successfully complete a
restorative justice program under this section.
(b) Subject to subdivision 6, the
prosecutor shall refer a child described in paragraph (a) to a restorative
justice program or provider that has been included on the approved provider
list described in subdivision 4. The
program or provider shall arrange an appropriate outcome for the matter using
restorative justice concepts. The
program or provider shall involve the victim of the offense in the
proceedings. If the victim is unwilling
or unable to proceed, or if there is no identifiable victim, the program or
provider shall ensure that someone serves as a proxy for the victim. The program or provider and child, along with
other participants, shall agree in writing to an appropriate sanction for the
child. The sanction may include any of
the dispositions authorized in section 260B.235, if appropriate, along with any
other sanctions agreed to.
Subd. 2.
Failure to comply. If a person fails to comply with the
settlement agreement, the person shall be referred back to the court for
further proceedings.
Subd. 3.
Dismissal of charge. Upon the successful completion by a person
of the sanctions agreed to in the settlement agreement, the program or provider
shall notify the court and the court shall dismiss the charge against the
person.
Subd. 4.
Approved list. The prosecutor shall maintain a list of
approved restorative justice programs and providers to which persons may be
referred under this section.
Subd. 5.
Preference for culturally
specific programs. If a
restorative justice program or provider that is tailored in a more culturally
specific manner to the person is on the list of approved providers under
subdivision 4, and the prosecutor is referring the person to a restorative
justice program or provider under this section, the prosecutor shall refer the
person to the more appropriate program or provider.
Subd. 6.
Exceptions; availability of
programs; diversion alternatives; domestic abuse. This section applies only in jurisdictions
where suitable restorative justice programs and providers are available and are
able to accept the referral. This
section does not apply if a prosecutor has determined that a nonrestorative
justice diversion program is more appropriate for the person. In addition, this section does not apply to
cases involving domestic violence or domestic assault.
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Subd. 7. Definition. As used in this section, "restorative
justice" has the meaning given in section 611A.775. The term also includes Native American
sentencing circles.
Sec. 39.
Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to
read:
Subdivision 1. Sentences available. (a) Upon conviction of a felony and
compliance with the other provisions of this chapter the court, if it imposes
sentence, may sentence the defendant to the extent authorized by law
as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by
the court; or
(3) to both imprisonment for a fixed term of years and
payment of a fine; or
(4) to payment of a fine without imprisonment or to
imprisonment for a fixed term of years if the fine is not paid or as an
intermediate sanction on a stayed sentence; or
(5) to payment of court-ordered restitution in
addition to either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as
authorized under section 609.102 in addition to any other sentence imposed by
the court.
(b) If the court imposes a fine or orders restitution
under paragraph (a), payment is due on the date imposed unless the court
otherwise establishes a due date or a payment plan.
Sec. 40.
Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to
read:
Subd. 3. Controlled substance offenses; minimum
fines. (a) Notwithstanding any other
law, when a court sentences a person convicted of a controlled substance crime
under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not
less than 30 percent of the maximum fine authorized by law nor more than the
maximum fine authorized by law.
(b) The minimum fine required by this subdivision is
in addition to the surcharge or assessment required by section 357.021,
subdivision 6, and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court.
(c) The court shall collect the fine mandated by this
subdivision and forward 70 percent of it to a local drug abuse prevention or
intervention program existing or being implemented in the county in which
the crime was committed. The court shall
forward the remaining 30 percent to the commissioner of finance to be credited
to the general fund. If more than one drug
abuse prevention or intervention program serves the county in which the
crime was committed, the court may designate on a case-by-case basis which
program will receive the fine proceeds, giving consideration to the community
in which the crime was committed, the funding needs of the program, the number
of peace officers in each community certified to teach the program, and the
number of children served by the program in each community. If no drug abuse prevention or
intervention program serves communities in that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of finance to be
credited to the general fund.
(d) The minimum fines required by this subdivision
shall be collected as are other fines. Fine
proceeds received by a local drug abuse prevention or intervention
program must be used to support that program, and may be used for salaries of
program staff or peace officers certified to teach the program. The drug abuse resistance education
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program must report receipt and use of money generated
under this subdivision as prescribed by the Drug Abuse Resistance Education
Advisory Council to the state court administrator by January 15 of each
year. The state court administrator must
make this information available upon request.
(e) As used in this subdivision,
"drug abuse prevention or intervention program" and
"program" include:
(1) the drug abuse resistance
education program described in section 299A.33; and
(2) any similar a drug
abuse education and prevention program that includes the following components:
(i) instruction for students enrolled
in kindergarten through grade six that is designed to teach students to
recognize and resist pressures to experiment with controlled substances and
alcohol;
(ii) provisions for parental
involvement;
(iii) classroom instruction by
uniformed law enforcement personnel;
(iv) the use of positive student
leaders to influence younger students not to use drugs; and
(v) an emphasis on activity-oriented
techniques designed to encourage student-generated responses to problem-solving
situations; and
(3) a juvenile court program that:
(i) provides intervention strategies
to reduce drug abuse and criminal behavior in juvenile offenders; and
(ii) promotes local drug abuse
prevention efforts within the community.
Sec. 41. Minnesota Statutes 2008, section 609.101,
subdivision 4, is amended to read:
Subd. 4. Minimum
fines; other crimes. Notwithstanding
any other law:
(1) when a court sentences a person
convicted of a felony that is not listed in subdivision 2 or 3, it must impose
a fine of not less than 30 percent of the maximum fine authorized by law nor
more than the maximum fine authorized by law; and
(2) when a court sentences a person
convicted of a gross misdemeanor or misdemeanor that is not listed in
subdivision 2, it must impose a fine of not less than 30 percent of the maximum
fine authorized by law nor more than the maximum fine authorized by law, unless
the fine is set at a lower amount on a uniform fine schedule established by the
Judicial Council in consultation with affected state and local agencies. This schedule shall be promulgated not later
than September 1 of each year and shall become effective on January 1 of the
next year unless the legislature, by law, provides otherwise.
The minimum fine required by this
subdivision is in addition to the surcharge or assessment required by section
357.021, subdivision 6, and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court.
The court shall collect the fines
mandated in this subdivision and, except for fines for traffic and motor
vehicle violations governed by section 169.871 and section 299D.03 and fish and
game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
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Sec. 42. [609.104]
FINE AND SURCHARGE COLLECTION.
Subdivision 1.
Failure to pay restitution or
fine. (a) Any portion of a
fine, surcharge, court cost, restitution, or fee that the defendant fails to
pay by the due date may be referred for collection under section 480.15,
subdivision 10c. If the defendant
has agreed to a payment plan but fails to pay an installment when due, the
entire amount remaining becomes due and payable and may be referred for
collection under section 480.15, subdivision 10c.
(b) The defendant may contest the
referral for collection based on inability to pay by requesting a hearing no
later than the due date. The defendant
shall be notified in writing at sentencing that under section 480.15,
subdivision 10c, the court may refer the case for collection for nonpayment,
and collection costs may be added to the amount due. The defendant shall also be notified in
writing of the right to contest a referral for collection. The state court administrator shall develop
the notice language.
Subd. 2.
Fine and surcharge collection. (a) A defendant's obligation to pay court-ordered
fines, surcharges, court costs, restitution, and fees shall survive after the
due date for a period set by the Judicial Council.
(b) Any change in the collection
period established by the Judicial Council shall be effective on court-ordered fines,
surcharges, court costs, restitution, and fees imposed on or after the
effective date of this section.
(c) The 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.
(d) Nothing in this subdivision
extends the period of a defendant's stay of sentence imposition or execution.
Sec. 43. Minnesota Statutes 2008, section 609.125,
subdivision 1, is amended to read:
Subdivision 1. Sentences
available. (a) Upon
conviction of a misdemeanor or gross misdemeanor the court, if sentence is
imposed, may, to the extent authorized by law, sentence the defendant:
(1) to imprisonment for a definite
term; or
(2) to payment of a fine, or to
imprisonment for a specified term if the fine is not paid without
imprisonment or as an intermediate sanction on a stayed sentence; or
(3) to both imprisonment for a
definite term and payment of a fine; or
(4) to payment of court-ordered
restitution in addition to either imprisonment or payment of a fine, or both;
or
(5) to payment of a local correctional
fee as authorized under section 609.102 in addition to any other sentence
imposed by the court; or
(6) to perform work service in a restorative
justice program in addition to any other sentence imposed by the court.
(b) If the court imposes a fine or
orders restitution under paragraph (a), payment is due on the date imposed
unless the court otherwise establishes a due date or a payment plan.
Sec. 44. Minnesota Statutes 2008, section 609.135,
subdivision 1, is amended to read:
Subdivision 1. Terms
and conditions. (a) Except when a
sentence of life imprisonment is required by law, or when a mandatory minimum
sentence is required by section 609.11, any court may stay imposition or
execution of sentence and:
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(1) may order intermediate sanctions without placing
the defendant on probation; or
(2) may place the defendant on probation with or
without supervision and on the terms the court prescribes, including
intermediate sanctions when practicable.
The court may order the supervision to be under the probation officer of
the court, or, if there is none and the conviction is for a felony or gross
misdemeanor, by the commissioner of corrections, or in any case by some other
suitable and consenting person. Unless
the court directs otherwise, state parole and probation agents and probation
officers may impose community work service or probation violation sanctions,
consistent with section 243.05, subdivision 1; sections 244.196 to 244.199; or
401.02, subdivision 5.
No intermediate sanction may be ordered performed at a
location that fails to observe applicable requirements or standards of chapter
181A or 182, or any rule promulgated under them.
(b) For purposes of this subdivision, subdivision 6,
and section 609.14, the term "intermediate sanctions" includes but is
not limited to incarceration in a local jail or workhouse, home detention,
electronic monitoring, intensive probation, sentencing to service, reporting to
a day reporting center, chemical dependency or mental health treatment or
counseling, restitution, fines, day-fines, community work service, work service
in a restorative justice program, work in lieu of or to work off fines and,
with the victim's consent, work in lieu of or to work off restitution.
(c) A court may not stay the revocation of the
driver's license of a person convicted of violating the provisions of section
169A.20.
(d) If the court orders a fine, day-fine, or
restitution as an intermediate sanction, payment is due on the date imposed
unless the court otherwise establishes a due date or a payment plan.
Sec. 45.
Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to
read:
Subd. 1a. Failure to pay restitution or fine. If the court orders payment of restitution or
a fine as a condition of probation and if the defendant fails to pay the
restitution or a fine in accordance with the payment schedule or
structure established by the court or the probation officer, the prosecutor or
the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to
determine whether or not the conditions of probation should be changed or
probation should be revoked. The defendant's
probation officer shall ask for the hearing if the restitution or fine
ordered has not been paid prior to 60 days before the term of probation
expires. The court shall schedule and
hold this hearing and take appropriate action, including action under
subdivision 2, paragraph (g), before the defendant's term of probation expires.
Nothing in this subdivision limits the court's ability
to refer the case to collections under section 609.104 when a defendant fails
to pay court-ordered restitution.
Sec. 46.
Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to
read:
Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony other
than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be
for not more than four years or the maximum period for which the sentence of
imprisonment might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor
violation of section 169A.20 or 609.21, subdivision 1a, paragraph (d), or for a
felony described in section 609.21, subdivision 1a, paragraph (b) or (c), the
stay shall be for not more than six years.
The court shall provide for unsupervised probation for the last year of
the stay unless the court finds that the defendant needs supervised probation
for all or part of the last year.
(c) If the conviction is for a gross misdemeanor not
specified in paragraph (b), the stay shall be for not more than two years.
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(d) If the conviction is for any
misdemeanor under section 169A.20; 609.746, subdivision 1; 609.79; or 617.23;
or for a misdemeanor under section 609.2242 or 609.224, subdivision 1, in which
the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
(e) If the conviction is for a
misdemeanor not specified in paragraph (d), the stay shall be for not more than
one year.
(f) The defendant shall be discharged
six months after the term of the stay expires, unless the stay has been revoked
or extended under paragraph (g), or the defendant has already been discharged.
(g) Notwithstanding the maximum
periods specified for stays of sentences under paragraphs (a) to (f), a court may
extend a defendant's term of probation for up to one year if it finds, at a
hearing conducted under subdivision 1a, that:
(1) the defendant has not paid
court-ordered restitution or a fine in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not
pay the restitution or fine the defendant owes before the term of
probation expires.
This one-year extension of probation
for failure to pay restitution or a fine may be extended by the court
for up to one additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the court-ordered
restitution or fine that the defendant owes.
Nothing in this subdivision limits
the court's ability to refer the case to collections under section 609.104.
(h) Notwithstanding the maximum
periods specified for stays of sentences under paragraphs (a) to (f), a court
may extend a defendant's term of probation for up to three years if it finds,
at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to
complete court-ordered treatment successfully; and
(2) the defendant is likely not to
complete court-ordered treatment before the term of probation expires.
Sec. 47. Minnesota Statutes 2008, section 611.17, is
amended to read:
611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; STANDARDS FOR DISTRICT
PUBLIC DEFENSE ELIGIBILITY.
(a) Each judicial district must
screen requests for representation by the district public defender. A defendant is financially unable to obtain
counsel if:
(1) the defendant, or any dependent
of the defendant who resides in the same household as the defendant, receives
means-tested governmental benefits; or
(2) the defendant, through any combination
of liquid assets and current income, would be unable to pay the reasonable
costs charged by private counsel in that judicial district for a defense of the
same matter.
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(b) Upon a request for the appointment of counsel, the
court shall make appropriate inquiry into the financial circumstances of the
applicant, who shall submit a financial statement under oath or affirmation
setting forth the applicant's assets and liabilities, including the value of
any real property owned by the applicant, whether homestead or otherwise, less
the amount of any encumbrances on the real property, the source or sources of
income, and any other information required by the court. The applicant shall be under a continuing
duty while represented by a public defender to disclose any changes in the
applicant's financial circumstances that might be relevant to the applicant's
eligibility for a public defender. The
state public defender shall furnish appropriate forms for the financial
statements. The forms must contain
conspicuous notice of the applicant's continuing duty to disclose to the court
changes in the applicant's financial circumstances. The forms must also contain conspicuous
notice of the applicant's obligation to make a co-payment for the services of
the district public defender, as specified under paragraph (c). The information contained in the statement shall
be confidential and for the exclusive use of the court and the public defender
appointed by the court to represent the applicant except for any prosecution
under section 609.48. A refusal to
execute the financial statement or produce financial records constitutes a
waiver of the right to the appointment of a public defender. The court shall not appoint a district public
defender to a defendant who is financially able to retain private counsel but
refuses to do so.
An inquiry to determine financial eligibility of a
defendant for the appointment of the district public defender shall be made
whenever possible prior to the court appearance and by such persons as the
court may direct. This inquiry may be
combined with the prerelease investigation provided for in Minnesota Rule of
Criminal Procedure 6.02, subdivision 3.
In no case shall the district public defender be required to perform
this inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to conduct a
financial inquiry. The inquiry must
include the following:
(1) the liquidity of real estate assets, including the
defendant's homestead;
(2) any assets that can be readily converted to cash
or used to secure a debt;
(3) the determination of whether the transfer of an
asset is voidable as a fraudulent conveyance; and
(4) the value of all property transfers occurring on
or after the date of the alleged offense.
The burden is on the accused to show that he or she is financially
unable to afford counsel. Defendants who
fail to provide information necessary to determine eligibility shall be deemed
ineligible. The court must not appoint
the district public defender as advisory counsel.
(c) Upon disposition of the case, an individual who
has received public defender services shall pay to the court a $28 $75
co-payment for representation provided by a public defender, unless the
co-payment is, or has been, waived by the court.
The co-payment must be credited to the general
fund. If a term of probation is imposed
as a part of an offender's sentence, the co-payment required by this section
must not be made a condition of probation.
The co-payment required by this section is a civil obligation and must
not be made a condition of a criminal sentence.
Sec. 48.
Minnesota Statutes 2008, section 631.48, is amended to read:
631.48
SENTENCE; COSTS OF PROSECUTION.
In a criminal action, upon conviction of the
defendant, the court may order as part of the sentence that defendant shall pay
the whole or any part of the disbursements of the prosecution, including
disbursements made to extradite a defendant.
The court may order this payment in addition to any other penalty
authorized by law which it may impose.
The payment of the disbursements of prosecution may be enforced in the
same manner as the sentence, or by execution against property. When collected, the disbursements must be
paid into the treasury of the county of
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conviction, but of ordered prosecution costs shall be paid to the municipality or
subdivision of government which employed the prosecuting attorney or otherwise
provided for prosecution of the case. This payment may not interfere with the
payment of officers', witnesses', or jurors' fees.
Sec. 49. PUBLIC DEFENDER FEE.
Subdivision 1. Authorization. (a) The Supreme Court, through the lawyer
registration office, may assess a public defender fee on each licensed attorney
in the state. If imposed, the fee must
not be more than $75 or less than the civil legal services fee established by
the Supreme Court in 1997 that licensed attorneys are required to pay pursuant
to the rules of the supreme court on lawyer registration.
(b) The fee described in paragraph (a) may apply only
to attorneys actively engaged in the practice of law.
Subd. 2. Creation
of account. The public
defender fee account is created in the special revenue fund. The state court administrator shall forward
fees collected under subdivision 1 to the commissioner of finance who shall
deposit them in the state treasury and credit them to this account. Money in the account is appropriated to the
Board of Public Defense.
Sec. 50. REPEALER.
(a) Minnesota Statutes 2008, section 152.0262,
subdivision 2, is repealed effective July 1, 2009, and applies to crimes
committed on or after that date.
(b) Minnesota Statutes 2008, sections 383B.65,
subdivision 2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3,
and 5; and 609.135, subdivision 8, are repealed.
ARTICLE 3
PUBLIC SAFETY AND CORRECTIONS
Section 1.
Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to
read:
Subdivision 1. Distribution of reports. (a) Except as provided in subdivision 4, a
report to the legislature required of a department or agency shall be made,
unless otherwise specifically required by law, by filing one copy with the
secretary of the senate, one copy with the chief clerk of the house of
representatives, and six copies with the Legislative Reference Library. The same distribution procedure shall be
followed for other reports and publications unless otherwise requested by a
legislator or the Legislative Reference Library.
(b) A public entity as defined in section 16B.122,
shall not distribute a report or publication to a member or employee of the
legislature, except the secretary of the senate, the chief clerk of the house
of representatives, and the Legislative Reference Library, unless the entity
has determined that the member or employee wants the reports or publications
published by that entity or the member or employee has requested the report or
publication. This prohibition applies to
both mandatory and voluntary reports and publications. A report or publication may be summarized in
an executive summary and distributed as the entity chooses. Distribution of a report to legislative
committee or commission members during a committee or commission hearing is not
prohibited by this section.
(c) A report or publication produced by a public
entity may not be sent to both the home address and the office address of a
representative or senator unless mailing to both addresses is requested by the
representative or senator.
(d) Reports, publications, periodicals, and summaries
under this subdivision must be printed in a manner consistent with section
16B.122.
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Sec. 2. Minnesota
Statutes 2008, section 3.195, is amended by adding a subdivision to read:
Subd. 4. Reports
of criminal justice agencies; electronic versions only. (a) As used in this subdivision,
"criminal justice agency" means the Departments of Corrections, Public
Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
and Training, Private Detective and Protective Agent Services, and Judicial
Standards; the Sentencing Guidelines and Uniform Laws Commissions; and the
courts.
(b) A criminal justice agency that submits a report to
the legislature under this section shall do so by submitting an electronic
version rather than a printed one.
Notwithstanding subdivision 1, paragraph (a), and section 15.18, the
agency need submit only one electronic copy to the Legislative Reference
Library, the State Library, and the Minnesota Historical Society. In addition, the agency shall submit one
printed copy to the Legislative Reference Library.
Sec. 3. Minnesota
Statutes 2008, section 152.025, subdivision 1, is amended to read:
Subdivision 1. Sale crimes. (a) A person is guilty of controlled
substance crime in the fifth degree and if convicted 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 person unlawfully sells one or more mixtures
containing marijuana or tetrahydrocannabinols, except a small amount of
marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures
containing a controlled substance classified in schedule IV.
(b) Except as provided in paragraph (c), if a person
is guilty of controlled substance crime in the fifth degree and the conviction
is a subsequent controlled substance conviction, the person convicted shall be
committed to the commissioner of corrections or to a local correctional
authority for not less than six months nor more than ten years and, in
addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully sells one or more mixtures
containing marijuana or tetrahydrocannabinols, except a small amount of
marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures
containing a controlled substance classified in schedule IV.
(c) Prior to the time of sentencing, the prosecutor
may file a motion to have the person sentenced without regard to the mandatory
minimum sentence established by paragraph (b).
The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the
motion, or on its own motion, the court may sentence the person without regard
to the mandatory minimum sentence if the court finds, on the record,
substantial and compelling reasons to do so.
Sentencing a person in this manner is a departure from the sentencing
guidelines.
EFFECTIVE
DATE. This section is effective July 1, 2009,
and applies to crimes committed on or after that date.
Sec. 4.
Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to
read:
Subd. 2. Possession and other crimes. (a) A person is guilty of controlled
substance crime in the fifth degree and if convicted 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 person unlawfully possesses one or more
mixtures containing a controlled substance classified in schedule I, II, III,
or IV, except a small amount of marijuana; or
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(2) the person procures, attempts to procure,
possesses, or has control over a controlled substance by any of the following
means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely
representing any person to be, a manufacturer, wholesaler, pharmacist,
physician, doctor of osteopathy licensed to practice medicine, dentist,
podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
(b) Except as provided in paragraph (c), if a person
is guilty of controlled substance crime in the fifth degree and the conviction
is a subsequent controlled substance conviction, the person convicted shall be
committed to the commissioner of corrections or to a local correctional
authority for not less than six months nor more than ten years and, in
addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully possesses one or more
mixtures containing a controlled substance classified in schedule I, II, III,
or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses,
or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely
representing any person to be, a manufacturer, wholesaler, pharmacist,
physician, doctor of osteopathy licensed to practice medicine, dentist,
podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
(c) Prior to the time of sentencing, the prosecutor
may file a motion to have the person sentenced without regard to the mandatory
minimum sentence established by paragraph (b).
The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the
motion, or on its own motion, the court may sentence the person without regard
to the mandatory minimum sentence if the court finds, on the record,
substantial and compelling reasons to do so.
Sentencing a person in this manner is a departure from the sentencing
guidelines.
EFFECTIVE
DATE. This section is effective July 1, 2009,
and applies to crimes committed on or after that date.
Sec. 5.
Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to
read: