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Article 1: Appropriations Overview Article 1 contains appropriations for the following state government entities: Supreme Court, Court of Appeals, Trial Courts, Tax Court, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, Department of Public Safety, Peace Officers Standards and Training Board, Private Detective Board, Department of Human Rights, Department of Corrections, Sentencing Guidelines Commission, and Board of Veterinary Medicine.
1	Public safety appropriations. Describes, in general terms, the appropriations contained in this article.
2	Supreme Court. Appropriates funds for FY06 and FY07. Subd. 1. Total appropriation. Subd. 2. Supreme Court operations. ► Authorizes a judicial salary increase of 1.5 percent each year. ► Authorizes a $5,000 contingent fund account. ► Establishes a CHIPS working group to examine and make recommendations on (1) the use of the public defender in CHIPS hearings and (2) how to reduce the need for CHIPS hearings. Requires a report to the legislature in January, 2006. Subd. 3. Civil legal services. Requires $877,000 of the appropriation to be used for family law matters.
3	Court of appeals. Appropriates funds for FY06 and FY07.
4	Trial courts. Appropriates funds for FY06 and FY07. ► Appropriates $250,000 each year to develop and expand specialty courts. Requires a report to the legislature on how the funds were used.
5	Tax court. Appropriates funds for FY06 and FY07.
6	Uniform Laws Commission. Appropriates funds for FY06 and FY07. Dedicates $12,000 the first year and $6,000 the second year to pay for membership dues owed by the commission.
7	Board on Judicial Standards. Appropriates funds for FY06 and FY07. Allocates $25,000 each year as a one-time appropriation to cover special hearing costs.
8	Board of Public Defense. Appropriates funds for FY06 and FY07.
9	Department of Public Safety. Appropriates funds for FY06 and FY07. Subd. 1. Total appropriation. Subd. 2. Emergency management. Permits faith-based organizations to apply for homeland security grants. Subd. 3. Criminal apprehension. Cuts the Department’s budget by $245,000 the first year and $250,000 the second year. Allocates funds for: cross-jurisdictional investigations; BCA lab activities; DWI lab analysis (from the trunk highway fund); DWI policy reforms (See, Article 18); an automated fingerprint identification system; the predatory offender registration system; the Criminal Justice Information Systems Audit Trail; DNA analysis; livescan; and methamphetamine investigation (10 new officers). Subd. 4. Fire Marshal. Subd. 5. Alcohol and Gambling Enforcement. Subd. 6. Office of Justice Programs. Allocates funds for: gang and narcotics strike force; crime victim assistance grants; battered women’s shelters; methamphetamine treatment grants; financial crimes task force; human trafficking assessment; youth intervention programs; and homelessness pilot projects. Subd. 7. 911 Emergency Services/ARMER. Appropriates funds from the 911 special revenue account for prior obligations to telephone companies, public safety answering points, medical resource communication centers, and the shared public safety radio system. Subd. 8. 800 MHz Public Safety Radio and Communication System. Appropriates money from the 911 bond proceeds account for expanding the public safety radio system from Rochester to St. Cloud. Subd. 9. Administration. Allocates funds for the public safety officers’ health insurance reimbursement program. Subd. 9. Driver and Vehicle Services. Allocates funds to suspend licenses of persons who steal gasoline.
10	Peace Officers Standards and Training Board. Appropriates funds for FY06 and FY07. Specifies that the appropriation is from the peace officer training account in the special revenue fund. Amounts deposited in the fund in excess of the amount appropriated must be deposited in the general fund. Specifies an amount that is available for technology improvements and peace officer training reimbursement grants.
11	Private Detective Board. Appropriates funds for FY06 and FY07.
12	Department of Human Rights. Appropriates funds for FY06 and FY07.
13	Department of Corrections. Appropriates funds for FY06 and FY07. Subd. 1. Total appropriation. Subd. 2. Correctional institutions. Requires the commissioner to charge a rental per diem at Rush City that is equal to or greater than the department’s actual per diem. Authorizes the commissioner to use the per diems collected to fund prison operations. Allocates funds for: apprehending and tracking level III sex offenders; sex offender treatment and transitional services; health services; chemical dependency treatment. Establishes a working group on inmate labor and requires the group to submit a report to the legislature. Subd. 3. Community services. Allocates funds for: housing short-term offenders in county jails; tracking bracelets for sex offenders [See, HF 384]; end-of-confinement reviews; community supervision; intensive supervised release; sex offender assessment reimbursements; sex offender treatment and polygraphs; county probation officers; supervision and aftercare of drug offenders. Requires reports on electronic monitoring of sex offenders. Subd. 4. Operations support. Provides for an agency cut and report on offenders released under article 13’s drug offender release provisions.
14	Sentencing guidelines. Appropriates funds for FY06 and FY07.
15	Board of Veterinary Medicine. Appropriates money for a methamphetamine study.

Article 2: Sex Offenders Mandatory Life Sentences for Certain Egregious Repeat Sex Offenses; Conditional Release; Other Sentencing Changes Overview Article 2 contains the bill=s sex offender sentencing changes, including life-without-release and indeterminate life sentences, the conditional release changes, and the new crime of criminal sexual predatory conduct. It also provides for life-without-release sentences for premeditated first-degree murder.
1	Reduction of sentence; inmates sentenced for crimes committed before 1993. Makes a conforming change related to article 2, section 21.
2	Rules. Clarifies that the commissioner of corrections’ rulemaking authority relating to the revocation of supervised release also applies to conditional release.
3	Minimum imprisonment, life sentence. Provides that an offender serving a life without release sentence (see article 2, section 21) may not be released from prison. Provides that an offender serving an indeterminate life sentence (see article 2, section 21) may not be given supervised release without having served the minimum term of imprisonment as specified by the sentencing court. Requires life-without-release sentences for premeditated first-degree murder.
4	Supervised release, life sentence. Requires the commissioner of corrections, when considering whether to give supervised release to an offender serving an indeterminate life sentence (see article 2, section 21), to consider at a minimum: } the risk the offender poses to the community, if released; } the offender’s progress in treatment; } the offender’s behavior while incarcerated; } psychological or other diagnostic evaluations of the offender; } the offender’s criminal history; and } any other relevant conduct of the offender while incarcerated or before incarceration. The commissioner may not give supervised release to the offender unless: } while in prison, the offender has successfully completed appropriate sex offender treatment; } while in prison, the offender has been assessed for chemical dependency and mental health needs and, if appropriate, has successfully completed necessary treatment; and } a comprehensive individual release plan is in place for the offender that ensures that the offender will have suitable housing and receive appropriate aftercare and treatment, and includes an employment/education plan for the offender. Also makes conforming changes relating to article 2, section 3.
5	Life without release. Amends the criminal code=s heinous crimes sentencing provision to require a life- without-release sentence for premeditated first-degree murder.
6	Mandatory increased sentence. Adds a cross-reference to the new crime of criminal sexual predatory conduct (see article 2, section 20). Strikes language relating to court findings regarding whether the necessary prongs of the law have been met. Substitutes for this a determination by the fact finder. These changes are necessary in light of the 2004 United States Supreme court decision, Blakely v. Washington. Strikes other language that is no longer necessary in light of the changes made by this article.
7	Predatory crime. Strikes the definition of Apredatory crime.@ Replaces this with a cross-reference to what is essentially the same definition in article 2, section 11.
8	Danger to public safety. Makes the same substitution of a fact finder determination for a court finding as was made in article 2, section 6.
9	Conditional release. Strikes language relating to the conditional release of offenders sentenced under this law. Instead, adds a cross-reference to article 2, section 21.
10	Coercion. Amends the definition of Acoercion@ for purposes of the criminal sexual conduct laws. Clarifies the language by explicitly including the use by the actor of confinement, or superior size or strength, against the victim, that causes the victim to submit to sexual penetration or contact against the victim=s will.
11	Predatory crime. Defines Apredatory crime@ for purposes of the criminal sexual conduct laws. This definition is nearly identical to the definition stricken from the patterned and predatory offender sentencing law in article 2, section 7. The new definition does not include criminal sexual conduct in the first- to fourth-degrees because a reference to these crimes is unnecessary under the changes made by the article. In addition, it does not include incest.
12-13	Criminal sexual conduct – first-degree. Amend the first-degree criminal sexual conduct crime by making conforming changes relating to article 2, section 21.
14-15	Criminal sexual conduct – second-degree. Amend the second-degree criminal sexual conduct crime by making conforming changes relating to article 2, section 21.
16-17	Criminal sexual conduct – third-degree. Amend the third-degree criminal sexual conduct crime by making conforming changes relating to article 2, section 21.
18-19	Criminal sexual conduct – fourth-degree. Amend the fourth-degree criminal sexual conduct crime by making conforming changes relating to article 2, section 21.
20	Criminal sexual predatory conduct. Creates a new substantive crime known as Acriminal sexual predatory conduct.@ This crime occurs if an offender commits a predatory crime (see definition in article 2, section 11) that was motivated by the offender=s sexual impulses or was committed as part of a predatory pattern of behavior that had criminal sexual conduct as its goal. Provides that the statutory maximum sentence for this offense is 25 percent longer than for the underlying predatory crime. If the violation is committed by a person with a previous sex offense conviction, as defined in article 2, section 21, the statutory maximum is 50 percent longer than for the underlying predatory crime. Also authorizes a fine of up to $20,000. An offender convicted of violating this section may be subject to the life sentence and conditional release provisions of article 2, section 21.
21	Dangerous sex offenders; life sentences; conditional release. Creates a new section of law addressing life-without-release and indeterminate life sentences for certain sex offenders and the conditional release of sex offenders. Subd. 1. Definitions. Defines Aconviction,@ Aextreme inhumane conditions,@ Aheinous element,@ Amutilation,@ Aprevious sex offense conviction,@ Aprior sex offense conviction,@ Asex offense,@ Atorture,@ and Atwo previous sex offense convictions.@ Of note, Aconviction@ includes convictions as an extended jurisdiction juvenile for violations of first- through third-degree criminal sexual conduct or the new criminal sexual predatory conduct crime if the adult sentence has been executed. APrevious sex offense conviction@ is defined to be a Atrue prior@ offense. That is to say that the offender must have committed, been convicted, and been sentenced for the previous sex offense before the commission of the present sex offense. APrior sex offense conviction@ does not require this sequencing of events. Thus, a person who has committed two sex offenses but has not been convicted of either would be considered to have a prior sex offense conviction once the offender has been convicted for the first offense even though the present offense occurred before the actual conviction for the prior offense. ASex offense@ includes first- through fifth-degree criminal sexual conduct offenses and criminal sexual predatory conduct, and similar laws from other jurisdictions. AHeinous element@ includes situations where: the offender tortured the victim; the offender intentionally inflicted great bodily harm upon the victim; the offender intentionally mutilated the victim; the offender exposed the victim to extreme inhumane conditions; the offender was armed with a dangerous weapon and used or threatened to use the weapon to cause the victim to submit; the offense involved sexual penetration or sexual contact with more than one victim; the offense involved more than one perpetrator engaging in sexual penetration or sexual contact with the victim; or the offender moved the victim from one place to another and did not release the victim in a safe place. Subd. 2. Mandatory life sentence without release. Provides for a mandatory life-without-release sentence for offenders who are convicted of certain clauses of first- or second-degree criminal sexual conduct involving force or violence (i.e., where circumstances exist that cause the victim to have a reasonable fear of great bodily harm; where the offender is armed with a dangerous weapon; where the offender causes personal injury to the victim under specified conditions; where the offender is aided or abetted by one or more accomplices under specified conditions; or where the offender has a family-type relationship to a victim under 16 and specified conditions exist), and: } the fact finder determines (by the “beyond a reasonable doubt” standard) that two or more heinous elements exist; or } the offender has a previous sex offense conviction (i.e., a “true prior” offense) for first-, second-, or third-degree criminal sexual conduct and the fact finder determines that a heinous element exists for the present offense. Prohibits the fact finder from considering a heinous element if it was an element of the underlying first- or second-degree criminal sexual conduct violation. Also prohibits the fact finder from using the same underlying facts to support a determination that multiple heinous elements exist. Subd. 3. Mandatory life; first-time offenders. Provides for a mandatory indeterminate life sentence for offenders who are convicted of certain clauses of first- or second-degree criminal sexual conduct (same clauses described in subdivision 2) and the fact finder determines that a heinous element exists. Prohibits the fact finder from considering a heinous element if it was an element of the underlying first- or second-degree criminal sexual conduct violation. Subd. 4. Mandatory life; repeat offenders. Provides for a mandatory indeterminate life sentence for offenders who are convicted of violating first- through fourth-degree criminal sexual conduct or criminal sexual predatory conduct if: } the offender has two previous sex offense convictions (i.e., true priors); } the offender has a previous sex offense conviction (i.e., a true prior); and · the present offense involved an aggravating factor that would provide grounds for an upward durational departure; or · the offender received an upward durational departure for the previous sex offense conviction or was sentenced under the patterned and predatory sex offender sentencing law for the previous sex offense conviction; or } the offender has two prior sex offense convictions (not necessarily true priors) and the prior convictions and present offense involved at least three separate victims, and: · the present offense involved an aggravating factor that would provide grounds for an upward durational departure; or · the offender received an upward durational departure for one of the prior sex offense convictions or was sentenced under the patterned and predatory offender sentencing law for one of the prior sex offense convictions. Of note, if the present offense is a fourth-degree criminal sexual conduct offense, the offender is not subject to the indeterminate life sentence unless the offender=s previous or prior sex offense convictions that are being used to enhance the sentence were for first- through third-degree criminal sexual conduct or criminal sexual predatory conduct. Subd. 5. Life sentences; minimum term of imprisonment. Requires courts sentencing offenders to indeterminate life sentences under subdivision 3 or 4 to specify a minimum term of imprisonment, based on the sentencing guidelines or applicable mandatory sentences, that must be served before the offender may be considered for release. Subd. 6. Mandatory ten-year conditional release term. Provides that when an offender is released from prison for a violation of first- through fourth-degree criminal sexual conduct or criminal sexual predatory conduct, the person must be placed on conditional release for ten years. Under current law, offenders released from prison for violating first- through fourth-degree criminal sexual conduct receive a five-year conditional release term unless the offender is a repeat offender, in which case the conditional release term is ten years. Subd. 7. Mandatory life-time conditional release. Provides that if an offender sentenced to an indeterminate life sentence under subdivision 3 or 4 is released from prison, the offender must be placed on conditional release for the remainder of the offender=s life. Also provides that if an offender is released from prison for a violation of first- through fourth-degree criminal sexual conduct or criminal sexual predatory conduct, and the offender has a previous or prior sex offense conviction, the offender must be placed on conditional release for the remainder of the offender=s life. Similar to the eligibility for the indeterminate life sentence in subdivision 4, if an offender is released from prison for a violation of fourth-degree criminal sexual conduct, the offender will only be placed on lifetime conditional release if the offender=s previous or prior sex offense conviction that is being used as the basis for the lifetime conditional release term is for first- through third-degree criminal sexual conduct or criminal sexual predatory conduct. Subd. 8. Terms of conditional release; applicable to all sex offenders. Specifies the conditional release terms that are applicable to all sex offenders placed on conditional release (i.e., any offender released from prison after a conviction for first- through fourth-degree criminal sexual conduct or criminal sexual predatory conduct, or after being sentenced under the patterned and predatory offender sentencing law). This language is substantively the same as that being stricken from the patterned and predatory offender sentencing law in article 2, section 9.
22	Sentencing guidelines modifications. Requires the Sentencing Guidelines Commission to propose to the Legislature modifications to the sentencing guidelines relating to sex offenders. The modifications must include a separate sex offender grid. These modifications will take effect August 1, 2006, unless the Legislature, by law, provides otherwise.
23	Repealer. Repeals a provision of the patterned and predatory offender sentencing law providing for an increased statutory maximum penalty. This provision is no longer necessary based on the changes made in this article. Also repeals a subdivision of the repeat sex offender sentencing law addressing conditional release of sex offenders. This provision is superceded by article 2, section 21.

Article 3: Sex Offenders: Predatory Offender Registration; Community Notification; Miscellaneous Provisions Overview This article clarifies the procedures individuals who lack a primary address (i.e., are homeless) must follow if they are required to register under the Predatory Offender Registration Law (POR Law). This clarification responds to the Minnesota Supreme Court’s decision in State v. Iverson, 664 N.W.2d 346 (Minn. 2003), which essentially made the POR law inapplicable to homeless offenders. Numerous other changes are made to the POR law in this article to increase public safety and make it easier for law enforcement to track offenders. This article amends the community notification law and imposes notification, information sharing, and investigation obligations on the BCA, DOC, and local law enforcement authorities in relation to individuals who enter Minnesota from another state. It also sets up procedures to ensure that offenders from other states are subject to community notification under Minnesota law. Article 3 also requires notification of administrators of healthcare facilities when a registered sex offender intends to or is receiving inpatient care at the facility. The article requires level III sex offenders to have their photos taken every six months and allows the commissioner of corrections to collect co-pays from sex offenders receiving treatment. Finally, it requires courts to impose a 10-year conditional release on level III sex offenders who are convicted of failing to register.
1	Disclosure of predatory offender registrant status. Amends the Data Practices Act to cross-reference the law enforcement agency duty to notify health care facilities of relevant predatory offender registration status (See, section 6, subdivision 4c).
2	Transfer and discharge appeals. Prohibits a registered predatory offender residing in a nursing home or home care facility to avail himself of the facility transfer and appeal provisions established by the commissioner of health if the predatory offender knowingly fails to inform his current facility that he is a registered predatory offender.
3	Record of inmates; Department of Corrections. Requires that when an offender who is subject to the POR law is being released from prison, the commissioner of corrections must provide the offender=s prison records relating to psychological assessments, medical and mental health issues, and treatment to the corrections agency that is going to supervise the offender.
4	Programs for adult offenders committed to the commissioner. Directs the commissioner of corrections to develop a plan to provide residential and outpatient sex offender programming and aftercare. Authorizes the commissioner to require a co-payment from offenders who participate in the program, third-party payers, local agencies, or other funding sources.
5	Funding priority; program effectiveness. Amends the law requiring county and private sex offender programs to provide the Commissioner of Corrections with information related to program effectiveness. Strikes language that limits this provision to programs that seek new or continued state funding or reimbursements.
6	Community-based sex offender program evaluation. Clarifies that the law requiring the Commissioner of Corrections to provide follow-up information on sex offenders for three years following their completion or termination from treatment programs, provide treatment programs in different geographical areas of the state, provide necessary data relating to sex offender treatment programming, etc., is not a onetime project, but rather an ongoing obligation.
7	Sex offender programs. Authorizes the commissioner of corrections to collect co-payments to offset the cost of providing sex offender treatment to inmates.
8	Registration of predatory offenders. This section makes numerous substantive and technical changes to the Predatory Offender Registration Law. Subd. 1. Registration required. Repeals current language in this subdivision in order to recodify it in the newly-created subdivision 1b. The purpose of this recodification is to relocate all of the law’s definitions at the beginning of the statutory section. Subd. 1a. Definitions. Contains the definitions used in the Predatory Offender Registration Act. These definitions are relocated in this new subdivision from the existing subdivisions 1, 4 and 8. Also adds new definitions for “bureau,” “dwelling,” “incarceration,” and “confinement.” The existing definitions of “primary residence” and “secondary residence” are changed to “primary address” and “secondary address” respectively. In addition, the definitions of “primary address” and “secondary address” are substantively overhauled. Subd. 1b. Registration required. Sets forth the criteria governing who must register as a predatory offender under the law. These criteria were relocated from the repealed subdivision 1, with the following changes: ► it provides that the law applies to offenders who aid, abet, or conspire to commit an offense currently requiring registration; ► it expands the law to require registration for all false imprisonment offenses, not only those involving a child; and ► it requires a person to register if the person enters this state and remains for 14 days or longer. Subd. 2. Notice. Contains technical changes relating to the recodification of subdivision 1. Subd. 3. Registration procedure. Contains technical changes relating to the recodified definitions. Also clarifies that if a person subject to registration moves out of the state, registration with Minnesota terminates when the BCA confirms the address in the new state. Subd. 3a. Registration procedure when person lacks primary address. Addresses a current gap in the law relating to persons who lack a primary address (i.e. are homeless). ► Provides that, when a person leaves a primary address and does not have a new one, the person must register with the law enforcement authority in the area where the person is staying within 24 hours of the time the person no longer has a primary address. Requires compliance with this registration process every time the person moves to a new jurisdiction. Requires the person, in lieu of reporting a primary address, to describe the location where the person is staying with as much specificity as possible. ► Also provides that, if the person continues to lack a primary address, the person must report in person, on a weekly basis, to the law enforcement agency in the area where the person is staying. Does not require the person to re-register weekly but, rather, requires the person to inform the law enforcement authority of any changes to the information provided upon initial registration. Authorizes the law enforcement authority to allow an offender to follow an alternative reporting procedure if it determines that, due to an offender’s unique circumstances, it is impractical to require the offender to report weekly. Specifies the parameters of such an alternative reporting procedure to ensure that it is practical and that it serves the needs of public safety. ► Requires the person lacking a primary address to re-register annually or, if civilly committed as a sexually dangerous person, every three months. ► Requires the law enforcement authority to forward this registration information to the Bureau of Criminal Apprehension within two business days of receiving it. ► Also provides that a person who fails to report a primary address will be deemed to be a person who lacks a primary address and will be subject to all of the responsibilities outlined in this subdivision. Subd. 4. Contents of registration. Makes the following changes to the registration process: ► Requires an offender subject to registration to consent to allowing the offender’s residential housing unit or shelter to release information on the offender to law enforcement. ► Establishes a verification procedure for the Bureau to use when a registered offender lacks a primary address. In such cases, the Bureau must mail the verification form to the law enforcement authority to which the person reports weekly, and the authority is required to ensure that the offender fills out the form at the next weekly meeting. ► Requires level II and III predatory offenders who are no longer under correctional supervision to have an annual in-person contact with the law enforcement authority with jurisdiction over where the offender lives, stays or attends school. During the month of the person’s birth date, the offender must be photographed and the accuracy of the offender’s registration information must be verified. Also requires the BCA to verify the address of level III offenders who are no longer under correctional supervision by mail every six months. ► Requires the BCA and the local law enforcement authority to immediately investigate a level III offender’s location when the person fails to return a signed form to the BCA verifying the person’s address. ► Requires level III sex offenders to appear for a photograph every six months. Subd. 4a. Contains technical, conforming changes. Subd. 4b. Health care facility; notice of status. Requires a person who is required to register as a predatory offender to notify a health care facility upon the person’s admittance to the facility that the person is a registered predatory offender. The offender must also provide certain details related to his registration. Requires the agency responsible for maintaining a predatory offender’s registration to notify the administrator of a health care facility if the agency learns the offender is living in the administrator’s facility. Subd. 5. Contains technical, conforming changes. Subd. 5a. Requires courts to impose ten-year conditional release on level III sex offenders who are convicted of failing to register as a predatory offender. Subd. 6. Registration period. Permits the commissioner of public safety to extend a person’s registration period for five years if the person fails to provide the person’s primary address as required, fails to comply with the registration procedure applicable to homeless persons, fails to provide accurate or updated registration information, or fails to return the address verification letter within ten days. Expands the provision restarting a person’s registration period upon release from incarceration to include persons who are incarcerated based upon a revocation of probation, supervised release, or conditional release for any offense. Current law restarts the registration period in this context only when the revocation is related to the offense triggering the person’s obligation to register. Subd. 7 to 8. Contain either technical, conforming changes or no changes. Subd. 9. Offenders from other states. Imposes notification, information sharing, and investigation obligations on the bureau, local law enforcement authorities, and the Department of Corrections regarding offenders who move to Minnesota from other states. Requires the bureau to notify the commissioner of corrections when: ► the bureau receives notice from a local law enforcement agency that an out-of-state offender has registered as a sex offender, ► a registration authority, corrections agent, or law enforcement agency in another state notifies the bureau that a sex offender is moving to Minnesota, or ► the bureau learns that a person from another state is in Minnesota and has unlawfully failed to register under the Predatory Offender Registration law. Also provides that, if the bureau receives information from an out-of-state registration authority, corrections agent, or law enforcement authority which indicates that a person who may be subject to the registration law is moving to Minnesota, the bureau must ask if the person is subject to community notification in another state and, if so, what the person’s assigned risk level is, if any. The bureau must notify the local law enforcement agency and provide all information available on the person when it receives notice from another state that a sex offender is moving to Minnesota. The bureau must also forward any information it receives to the commissioner of corrections. The commissioner of corrections must determine the supervised release status of out-of-state offenders referred to the department. Subd. 10. Venue; aggregation. Adds a new provision to the registration law that specifies venue for prosecuting violations of the law. Provides that the prosecution takes place in any jurisdiction where an offense occurred. Requires the prosecutor where the person last registered a primary address to be responsible initially to review the case. Permits multiple offenses occurring in different locations to be prosecuted in any county in which one of them occurred. Subd. 11. Certified copies as evidence. Provides that certified copies of registration records are admissible as substantive evidence when necessary to prove the commission of a designated offense. Effective date. Except as otherwise provided, all provisions are effective the day following final enactment. Subdivision 4, paragraph (e)(3), is effective December 1, 2005. Subdivisions 4b and 5a are effective August 1, 2005. Subdivision 9 is effective July 1, 2005.
9	Registration under the predatory offender registration law for other offenses. Amends the law that requires predatory offender registration by offenders who commit a crime against the person and who previously registered under the law but whose registration period ended or who would have had to register except the law did not apply to the offender at the time of the offense. Expands the definition of “crime against the person” to include fourth-degree assault. Also expands this law to apply to offenders who are convicted of a crime against the person and who previously completed registration in another state. [Effective August 1, 2005, for crimes committed on or after that date.]
10	Intensive supervised release. Requires all level III predatory offenders be placed on intensive supervised release for the entire period of their supervised release.
11	Civil commitment determination. Adds persons who are convicted of the new sexual predatory conduct crime to the list of offenders who may be civilly committed as sexually dangerous persons. Amends the language requiring the commissioner of corrections to make a preliminary determination as to whether civil commitment may be appropriate for certain high risk sex offenders. Adds language stating that the commissioner’s determination must be based on a recommendation of a Department of Corrections screening committee and a legal review and recommendation from outside counsel who is knowledgeable about the civil commitment law.
12	End-of-confinement review committee. Provides timetables for the actions of the end of confinement review committees relating to offenders subject to indeterminate life sentences under article 2. Strikes existing statutory language in the Community Notification Act relating to the process for assigning risk levels to offenders who move to Minnesota from other states or are released from federal correctional facilities located in Minnesota. Relocates that language, with changes, to the new subdivision created in section 10. [Effective July 1, 2005, and applicable to all persons subject to community notification on or after that date.]
13	Offenders from other states and offenders released from federal facilities. Amends the existing process under which the Department of Corrections assigns Community Notification Act risk levels to predatory offenders who are released from federal correctional facilities or out-of-state correctional facilities and who intend to reside in Minnesota. ► Expands the process to include offenders released from any federal correctional facility, offenders accepted for supervision under any interstate agreement, and out-of-state offenders not subject to an interstate agreement but for whom local law enforcement agencies wish to have a Minnesota risk level assigned. ► Requires the assignment of a risk level to all of these offenders, except those who are accepted for probation supervision. Such probationary offenders do not receive a risk level but, rather, are subject to a notification process similar to that applicable to level II offenders. ► Requires the end-of-confinement review committee responsible for assigning risk levels to out-of-state offenders to collect and review all relevant information on these offenders and to follow the same timelines, policies, and procedures applicable to in-state offenders in assigning a risk level. ► Requires law enforcement authorities to notify the BCA and the commissioner of corrections within three business days when they learn an offender living in Minnesota is subject to this section and has not yet been assigned a Minnesota risk level. ► Provides that if the commissioner of corrections receives reliable information from the BCA or a local law enforcement agency that an out-of-state offender is living in Minnesota and a local law enforcement authority so requests, the commissioner must determine if the offender was issued a risk level under a law comparable to Minnesota’s law. If so, the commissioner shall notify the local agency and the local agency may proceed with community notification based on the offender’s risk level assessment from another state. If the offender was not issued a risk level under a comparable law, the local agency may proceed with notification but only up to a level II notification. If an agency wishes to make a broader disclosure than a level II notification or as authorized by the offender’s out-of-state risk level assessment, the agency may request that an end-of-confinement review committee at the Department of Corrections issue the offender a Minnesota risk level. Permits agencies to continue with up to a level II notification until the end-of-confinement review committee assigns the person a Minnesota risk level. [Effective July 1, 2005, and applicable to all persons subject to community notification on or after that date.]
14	Law enforcement agency; disclosure of information to the public. Amends the Community Notification Act to clarify that the duty imposed by the Act on law enforcement agencies to continue to disclose information on registered offenders for as long as they are required to register applies as well to offenders who lack a primary address. Bars offenders from attending their own community notification meetings. [Effective the day following final enactment and applicable to all persons subject to community notification on or after that date.]
15	Law enforcement agency; disclosure of information to a health care facility. Requires law enforcement to notify the administrator of a health care facility where a registered predatory offender is receiving inpatient care. [Effective the day following final enactment.]
16	Predatory offender seeking housing in different corrections agency. Provides that when a corrections agency supervising an offender who is required to register under the POR law and who is classified as a public risk monitoring case has knowledge that the offender is seeking housing arrangements in a location under the jurisdiction of a different corrections agency, the supervising agency must notify the other agency of this and initiate a supervision transfer request.
17	Placement of predatory offender in household with children. Requires a corrections agency supervising an offender who is required to register under the POR law to notify the appropriate child protection agency before authorizing the offender to live in a household where children are residing.
18	Notice of information regarding predatory offenders. Authorizes law enforcement to disclose the probationary status of predatory offenders granted mitigated dispositional departures (sentences where the presumptive guidelines' disposition is commitment to the Commissioner of Corrections but where this disposition is stayed by the court) to individuals that law enforcement believes may be victimized by the offender (thus, conforming this notification provision to the one in the Community Notification Law governing level II offenders).
19	Petition; notice of hearing; attendance; order. Amends the law relating to the civil commitment of persons as being mentally ill and dangerous. Requires the special review board and Commissioner of Human Services to consider statements received from victims under article 3, section 9, when making recommendations and orders regarding release.
20	Victim notification of petition and release; right to submit statement. Amends the law relating to the civil commitment of persons as being mentally ill and dangerous. Requires a county attorney who files a civil commitment petition alleging that a person is mentally ill and dangerous, has a sexual psychopathic personality, or is a sexually dangerous person to make a reasonable effort to provide prompt notice of the filing of the petition to a victim and to notify the victim of the resolution of the petition. Also requires the head of a treatment facility to make a reasonable effort to notify victims that a person civilly committed as being mentally ill and dangerous, as having a sexual psychopathic personality, or as being a sexually dangerous person may be discharged or released and that the victim has a right to submit a written statement regarding the release decision. Requires victims to request these notifications by contacting in writing the county attorney in the county where the conviction for the crime occurred. Defines key terms used in this section. Of note, defines "convicted" and "conviction" in a manner that includes certain mental illness procedures where the elements of the crime have been proven but the person has not actually been convicted and findings in certain civil commitment cases that the act or acts occurred.
21	Commissioner of corrections. Authorizes the commissioner of corrections to collect co-payments to cover part of the cost of treating patterned and predatory sex offenders who are granted conditional release.
22	Conditional release of sex offenders. Authorizes the commissioner of corrections to collect co-payments to cover part of the cost of treating patterned and predatory sex offenders who are granted conditional release.
23	Assessment required. Clarifies that an independent professional assessment of a sex offender=s need for sex offender treatment must be conducted before sentencing.
24	Use of polygraphs. Authorizes a court or the Commissioner of Corrections to require a sex offender to submit to a polygraph exam as a probationary intermediate sanction or a condition of release from confinement. Allows the court or the commissioner to order all or part of the cost of the exam to be borne by the offender.
25	Persons mandated to report. Requires correctional supervision professionals to report incidents of neglect and physical or sexual abuse of children to the appropriate authorities. [Effective the day following final enactment.]
26	Protocol for use of polygraphs. Requests the Chief Justice of the Supreme Court, in consultation with the Conference of Chief Judges, to develop, by September 1, 2005, a protocol for the use of polygraph examinations for sex offenders on probation.
27	Supreme Court study on sexually dangerous persons and sexual psychopathic personality civil commitments. Subd. 1. Establishment. Requests that the Supreme Court study and make recommendations to the Legislature on: ► developing and using a statewide panel of defense attorneys to represent persons subject to civil commitment petitions as being sexually dangerous persons or having sexual psychopathic personalities; and ► developing and using a statewide panel of judges to hear these petitions. Subd. 2. Report. Requests preparation and submission of a report to the legislature by February 1, 2006.
28	Working group on sex offender management. Subd. 1. Establishment. Requires the Commissioner of Corrections to convene a working group related to sex offender management and supervision. Subd. 2. Issues to be studied. Requires the working group to study and make recommendations on specified issues. Subd. 3. Review of new laws. Requires the working group to review the provisions of any laws enacted in the 2005 legislative session relating to sex offender supervision and treatment. Subd. 4. Reports. Requires the working group to report recommendations to the Legislature. Subd. 5. Policies required. Requires the Commissioner of Corrections to implement policies and standards relating to the issues studied by the working group over which the commissioner has jurisdiction.
29	Prison-based sex offender treatment program; report. Requires the Commissioner of Corrections to report specified information to the Legislature on prison-based sex offender treatment programs.
30	Revisor’s instruction. Technical. [Effective the day following final enactment.]
31	Repealer. Technical repealer, relating to the recodification of language in the Predatory Offender Registration Law. [Effective the day following final enactment.]

Article 7: Methamphetamine Provisions Overview This article strengthens penalties already in place as well as introduces new crimes and programs concerning the manufacture, possession, and sale of methamphetamine and its precursors. Specifically, the article: places meth precursor drugs on Controlled Substance Schedule V; establishes limitations, requirements, and penalties relating to over-the-counter sales of methamphetamine precursors; increases the penalty for possession of certain substances with intent to manufacture methamphetamine; requires criminal restitution in cases where the crime required an emergency response due to the presence of dangerous chemicals; allows innocent property owners to receive restitution; requires notification of county health officials of clandestine lab sites; requires remediation of lab sites prior to re-occupation of the land or property; creates two new crimes related to the illegal use of anhydrous ammonia; criminalizes various methamphetamine-related activities that may impact children or vulnerable adults; establishes a methamphetamine laboratory cleanup revolving fund; amends the nuisance laws; and directs the Department of Public Safety to study the feasability of a centralized computer database to log sales.
1	Ephedrine and pseudoephedrine products. Requires a written prescription from a veterinarian for drugs and products for any species of animal containing ephedrine or pseudoephedrine. Requires these drugs to be dispensed, sold, or distributed only by a veterinarian or a veterinary assistant under the supervision or direction of the veterinarian. Prohibits nonveterinarians from purchasing these drugs without a prescription.
2	Narcotic drug. Adds methamphetamine to the definition of narcotic drug in chapter 152. This change is intended to give law enforcement more crimes to charge meth defendants with. Currently sale and possession of meth are expressly addressed in first and second degree controlled substance offenses. These crimes require the defendant to have a certain minimum amount of the drug. Third degree sale does not mention meth but forbids the sale of any narcotic drug. By adding meth to the definition of narcotic drug, a prosecutor can charge a person who sells a small amount of meth with a third degree offense rather than a fourth degree offense. (Meth is covered by the fourth and fifth degree offenses.)
3	Schedule V. Adds methamphetamine precursor drugs to controlled substance schedule V. Regulates the over-the-counter sale of methamphetamine precursor drugs. Para. (a): Definitions. Defines methamphetamine precursor drug and over-the-counter sale. Para. (b): Schedule V. Adds methamphetamine precursor drugs to controlled substance schedule V. Para. (c): Sale - Quantity limitations. Limits the amount that may be sold per transaction -- two package maximum and not to exceed six grams. Para. (d): Limitations on form of package. Prohibits the sale of packages that contain more than three grams of precursor drugs, unless the product is sold in blister packs. If sold in blister packs, each blister may only contain two dosage units at most. Para. (e): Storage, display, distribution restrictions. Requires display of the drugs behind a secure counter. Requires a pharmacist, pharmacy technician or a pharmacy clerk to dispense meth precursor drugs. Requires buyers to show photo id for purchase and to sign a log in writing or electronically. Para. (f): Purchase amount limitation. Limits the quantity that a person may purchase to no more than six grams in a 30-day period. Para. (g): Minors. Prohibits sale to minors. Para. (h): Penalties. Imposes a misdemeanor for those who exceed purchasing limits and those who sell in violation of the sales restrictions (paragraphs c, d, e, f, or g). Para. (i): Owner criminal immunity. Extends immunity to certain supervisors of employees who violate sale restrictions. Para. (j): Reporting suspicious transactions. Requires employees to report to their supervisor any suspicious transactions involving meth precursor drugs. Para. (k): Product exemptions. Exempts pediatric products, gel caps and liquid meth precursors, and forms of the drugs that are difficult to use in making methamphetamine. Para. (l): Board of Pharmacy. Charges the Board of Pharmacy with responsibility for certifying substances that are exempt under paragraph (k). Para. (m): Drug wholesalers; exemption. Exempts licensed wholesale distributors from the methamphetamine precursors drug storage requirements. Para. (n): Local ordinance preemption. Preempts all local ordinances or regulations governing the sale of methamphetamine precursor drugs. [Effective date: This section is effective July 1, 2005 and applies to crimes committed on or after that date.]
4	Methamphetamine Precursors. Requires the Board of Pharmacy to prohibit the over-the-counter sale of methamphetamine precursors in gel capsule or liquid form if the Board learns that the substances in these forms can be used to manufacture methamphetamine. [Effective date: August 1, 2005.]
5	Methamphetamine manufacture crime; possession of substances with intent to manufacture methamphetamine crime. Amends the attempted manufacture of methamphetamine crime to clarify that this crime is not an "attempt crime" but rather a crime of possession of "any chemical reagents or precursors with the intent to manufacture methamphetamine." Provides that the list of chemical reagents or precursors in the statute is not an exclusive one. Strikes the cross-referenced definition of "anhydrous ammonia." [Effective date: August 1, 2005 and applies to crimes committed on or after that date.]
6	Penalty. Increases the maximum criminal penalty for a violation of section 5 from a three-year/$5,000 felony to a ten-year/$20,000 felony and for a repeat offense from a four-year/$5,000 felony to a 15-year/$30,000 felony.
7	Sale of schedule V controlled substances. Exempts the authorized sales of meth precursor drugs regulated by section 3 of the bill from the current law that imposes a gross misdemeanor for the unlawful sale of a schedule V drug.
8	Possession of schedule V controlled substances. Exempts the lawful possession of meth precursor drugs provided for in section 3 of the bill from the current law that imposes a gross misdemeanor for the unlawful possession of a schedule V drug.
9	Certain controlled substance offenses; restitution; prohibitions on property use. Subd. 1. Restitution. Requires restitution from persons convicted of manufacturing or attempting to manufacture a controlled substance or of illegal activities involving precursors where the crime involved an emergency response. Para. (a): Definitions. Defines terms used in this section. Para. (b): Restitution; public entities. Restitution may be awarded to the public entities that participated in the response. Para. (c): Restitution; private citizens. Restitution may also be awarded to innocent property owners to cover removal and remediation costs. Subd. 2. Property-related prohibitions. Places prohibitions and regulations on meth-tainted property. Para. (a): Definitions. Defines clandestine lab site, property, remediation, and removal. Para. (b): Police notification of health agency. Mandates that police officers who arrest a person at a clandestine lab site notify the appropriate county or local health department and other entities of the arrest and the location of the site. Para. (c): Occupation prohibition order. Requires that local units of government, local health departments and sheriffs prohibit all clandestine property from being occupied, or used until it has been assessed and remediated. Requires use of a contractor to do the remediation. Para. (d): Procedures and remedies. Specifies that the procedures of chapter 145A, the Local Public Health Act, and the remedies provided to property owners therein, apply to this subdivision. Para. (e): Remediation verification procedures. Specifies the process for establishing remediation, including the circumstances under which the applicable authority must vacate its property use restriction order. Para. (f): Contractor liability. Specifies contractor duties and imposes contractor liability if the remediation is not done properly. Para. (g): Contaminated motor vehicles. The registrar of motor vehicles must be notified when a motor vehicle has been contaminated and also when the authority vacates its order. Para. (h): Agency affidavit of remediation. Requires the applicable authority to give notice by affidavit to the county recorder for disclosure to any potential transferee that a piece of property was the site of a meth lab – if the property is remediated properly and agency order is vacated, requires notice by affidavit to the recorder of the same. Para. (i): Property owner’s affidavit of remediation. Allows owners of contaminated property to file with the county recorder an affidavit of removal and remediation completion. Specifies that failure to do so does not affect ability to transfer property ownership. Para. (j): Recording affidavits. Requires the county recorder to file all affidavits submitted pursuant to this subdivision in a manner that assures their disclosure during a title search. Para. (k): Internet posting. Requires the commissioner of health to list contact information for each local health services administrator on the Internet. Para. (l): Local agency records. Requires each local community health services administrator to maintain information related to property within the administrator’s jurisdiction that has been contaminated. Requires the information to be made available to the public. Para. (m): Owner disclosure. Requires the seller of land to disclose to the buyer if the seller knows meth has been produced on the property and related information. Para. (n): Seller liability. Imposes liability on a seller who does not provide the required disclosure (para. (m)) for a buyer’s remediation costs and reasonable attorneys’ fees. Provides a six-year limitations period for a cause of action under this paragraph. Para. (o): Preemption. Preempts similar local ordinances. [Effective date: This section is effective January 1, 2006.]
10	Exceptions. Amends the current ephedrine statute to add a cross-reference to section 3. [Effective date: This section is effective the 30^th day following final enactment.]
11	Anhydrous ammonia; prohibited conduct; criminal penalties; civil liability. Subd. 1. Definitions. Defines the term tamper. Subd. 2. Prohibited conduct. Recodifies the prohibited fertilizer activities currently codified in Minnesota Statutes, sections 18C.201 and 18D.331. (These provisions are repealed in section 19.) A person may not steal, unlawfully take or carry away any amount of anhydrous ammonia; or purchase, possess, transfer or distribute any amount of anhydrous ammonia knowing or having reason to know that it will be used to unlawfully manufacture a controlled substance. Includes requirements for containing and transporting anhydrous ammonia. Subd. 3. No cause of action. Prohibits a person who is injured while tampering with a container storing anhydrous ammonia to seek damages from a person who is the rightful owner of the container. Subd. 4. Criminal penalty. A knowing violation of these provisions results in a felony and imprisonment of not more than five years or a fine of not more than $50,000 or both.
12	Methamphetamine-related crimes involving children and vulnerable adults. Subd. 1. Definitions. Defines chemical substance, child, methamphetamine paraphernalia, methamphetamine waste products, and vulnerable adult. Subd. 2. Prohibited conduct. Criminalizes various methamphetamine-related activities that may impact children or vulnerable adults. Prohibited conduct includes knowingly engaging in manufacturing or attempting to manufacture methamphetamine, storing any chemical substance, storing any methamphetamine waste products, or storing any methamphetamine paraphernalia in the presence of a child or a vulnerable adult. These activities are prohibited in the residence, building, structure, conveyance, or outdoor location where a child or vulnerable adult may reasonably be, or in a room offered to the public for overnight accommodation or any multiple unit residential building. Also prohibits persons from knowingly causing or permitting a child or vulnerable adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia. Subd. 3. Criminal penalty. Violation of these provisions results in a felony and imprisonment of not more than five years or a fine of not more than $10,000 or both. Subd. 4. Multiple sentences. A sentence under this section is not a bar to a sentence for any other crime committed by the defendant as part of the same conduct. Subd. 5. Protective custody. Police officers may take children who are found in areas where prohibited activities are taking place into protective custody. Requires children taken into protective custody to undergo health screening assessments. Subd. 6. Reporting maltreatment of vulnerable adult. Proposes reporting obligations for police officers and mandated reporters for vulnerable adults who were exposed to a methamphetamine lab. Instructs county entry point staff and county social service agency staff how to respond to a police report indicating a vulnerable adult has been exposed to a meth lab. Requires county social services to respond immediately when notified.
13	Content of certificate. Mandates that each certificate of title issued for a vehicle contaminated by methamphetamine production contain the term “hazardous waste contaminated vehicle” if the registrar has received the notice described in section 9.
14	Notice to school. Requires law enforcement to notify the chief administrator of a school when a student has been placed in protective custody after being exposed to a meth lab.
15	Methamphetamine laboratory cleanup revolving account.
	Subd. 1. Definitions. Defines clandestine lab site, property, and remediate.
	Subd. 2. Account established. Mandates the Public Facilities Authority to establish a methamphetamine laboratory cleanup revolving account.
	Subd. 3. Applications. Specifies the application process for loans from the account.
	Subd. 4. Loan eligibility. Specifies county or city eligibility for loans from the account including issuance of a revenue bond to secure the loan.
	Subd. 5. Use of loan proceeds; reimbursement by property owner. Mandates that loans be used to remediate contaminated sites or to reimburse the applicable county or city fund. A loan recipient must seek reimbursement for the costs of remediation from the owner of the property containing the clandestine lab site. A mortgagee that takes ownership of real property through foreclosure is not liable for remediation costs.
	Subd. 6. Award and disbursement of funds. Outlines the procedures for awarding and disbursing loans
	Subd. 7. Loan conditions and terms. Specifies terms and conditions of loans made under this section.
	Subd. 8. Authority to incur debt. Authorizes counties and cities to incur debt under this section by resolution of the board or council authorizing issuance of a revenue bond to the authority. Only revenues derived from the contaminated sites (e.g., assessments or payments by the property owner) may be used to secure and pay the revenue bond.
16	Definitions. Expands the definition of “violent crime” in the criminal code’s sentencing provision for certain dangerous and repeat felony offenders to include the crimes in section 12 (meth crimes involving kids and vulnerable adults).
17	Notice. Amends the nuisance law to allow a public nuisance involving the manufacture of methamphetamine to be established upon a showing of a single methamphetamine manufacturing incident within the building in the previous 12 months. The nuisance law generally requires two incidents to have occurred in a 12-month period.
18	Nuisance; motion to cancel lease. Technical changes related to section 17.
19	Development of computer system; report. Requires the commissioner of public safety to report to the Legislature on a plan for the implementation by July 1, 2006, of a centralized data system to enable pharmacies to carry out their duties under section 3 (i.e., documenting the sale of methamphetamine precursor drugs).
20	Board of Veterinary Medicine report, precursor animal products. Requires the Minnesota Board of Veterinary Medicine to study and issue a report to the Legislature by February 1, 2006, on animal products that may be used in the manufacture of methamphetamine.
21	Revisor’s instruction. Instructs the Revisor to recodify a statute in a manner consistent with the changes contained in section 5.
22	Repealer. Repeals provisions in Minnesota Statutes, chapters 18C and 18D, relating to anhydrous ammonia, that are addressed in this article.

Article 8: Public Safety Policy

Overview

This article makes the following changes to laws relating to public safety policy: modifies the Youth Intervention Program and transfers responsibility for the program from DEED to DPS; permits installation of vehicle-monitoring devices in authorized emergency vehicles; modifies provisions and procedures pertaining to insurance benefits for disabled police and firefighters; allows challenges to fines levied by the Office of Pipeline Safety to be heard in conciliation court or before an administrative law judge; modifies name change application procedures; authorizes the release of information maintained in the predatory offender database in conjunction with background checks for juvenile and adult offenders; authorizes the BCA to add information onto a person’s criminal history under certain circumstances; increases fees relating to alcoholic beverages licenses; prohibits employer retaliation against victims who take time off work to attend hearings and proceedings; expands the definition of crime victim; clarifies notification procedures when a victim of criminal sexual conduct requests HIV testing of the perpetrator; expands eligibility for crime victims’ reparations; and authorizes the transfer of unused special revenue funds to the general fund.

Grants-in-aid to youth intervention programs.

Subd. 1. Grants. Modifies the Youth Intervention Program to include mentoring services. Clarifies that the intent of the program is to provide an ongoing stable funding source to community-based early intervention programs for youth and that the program design may differ depending on community needs.

Subd. 2. Applications. Clarifies that the local matching requirement of two times the amount of the grant is intended to leverage state and community investment and support for the efforts of the programs.

Subd. 3. Grant allocation formula. Authorizes the use of up to one percent of the appropriations to be used for expenses incurred by the Minnesota Youth Intervention Programs Association in providing collaborative training and technical assistance to community-based grantees.

Subd. 4. Administrative costs. Authorizes the use of up to two percent of the biennial appropriation to pay the program’s administrative costs incurred by the Department of Employment and Economic Development. [See, H.F. 950]

[Effective July 1, 2005.]

Prohibitions generally; exceptions. Authorizes drivers to attach the MNPASS toll collection device to their windshields. Permits installation or vehicle-monitoring devices in authorized emergency vehicles. A vehicle-monitoring device includes a small camera suspended from the rear-view mirror that records events that transpire directly in front of and behind the emergency vehicle. Similar cameras are authorized and used in police vehicles to produce a visual recording of the encounters peace officers have with citizens. The device also monitors and records the driver’s operation of the vehicle and the functions of the vehicle (e.g., lights, siren, etc.). [See, H.F. 1218]

[Effective July 1, 2005.]

Insurance benefits for disabled police and firefighters. Under current law, peace officers and firefighters who suffer disabling injuries while acting in the course and scope of their duties are entitled to receive continued employer payments for health insurance. The public employer can apply to the commissioner of public safety for reimbursement of these costs, but the employers are reimbursed only to the extent of available appropriations. This section requires that the commissioner of public safety provide administrative services to the panel established in section 8 of this article. (See, sections 7 and 8.)

[See, H.F. 1721]

[Effective day following final enactment.]

Excavation notice system; penalties. Allows challenges to fines levied by the Office of Pipeline Safety to be heard in conciliation court. If the amount of the fine exceeds the jurisdiction of the conciliation court, the person may request an administrative hearing. [H.F. 1608]

[Effective July 1, 2005.]

Excavation notice system; settlement. States that unless proceedings are commenced in district court, provisions of chapter 14 (administrative procedure) apply to orders of the commissioner imposing a penalty. [H.F. 1608]

[Effective July 1, 2005.]

Name change application. Allows courts to conduct a national search of FBI records to determine whether a name change applicant has a criminal history in this or any other state. Currently, the law obligates a court to determine whether the name change applicant has a felony conviction. By changing felony conviction to criminal history, this bill expands the search to include gross misdemeanors and targeted misdemeanors.

To conduct the search, the court would need to submit a set of fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If a name change is granted for an applicant with a criminal history, the court and applicant must submit the name change to the Bureau of Criminal Apprehension. Failure by an applicant with a criminal history to report the change results in a gross misdemeanor penalty.

Clarifies that these provisions do not apply to name changes in conjunction with marriage or divorce. [See, H.F. 1200]

[Effective July 1, 2005.]

Determination of scope and duties. Provides that when a peace officer or firefighter has been approved to receive a duty-related disability pension, the person may apply to the panel established in section 8 of this bill for a determination of whether the person meets the requirements for receiving the continued employer contribution health coverage. Under current law, this standard is if the disabling injury “occurs while the officer or firefighter is acting in the course and scope of their duties as a peace officer or firefighter.” This section provides that in making this decision, the panel shall determine whether or not the person’s occupational duties or professional responsibilities put the person at risk for the type of illness or injury sustained.

Requires the panel to make a determination within 90 days. Provides that a determination by the panel is binding, subject to judicial review.

This subdivision expires July 1, 2008. (See, sections 3 and 8.) [See, H.F. 1721]

[Effective July 1, 2005, and applies to duty-related pension approvals made on or after that date.]

Course and scope of duties panel. Establishes a panel to make decisions relating to insurance benefits of disabled police and firefighters. (See, section 7.) The panel consists of the following seven members:

► Two members recommended by the League of Minnesota Cities

► One member recommended by the Association of Counties

► Two members recommended by the Minnesota Police and Peace Officers Association

► One member recommended by the Minnesota Professional Firefighters Association

► One nonorganizational member, recommended by the other six.

Requires the commissioner of public safety to appoint the recommended members after determining they were properly recommended.

Provides that members serve two-year terms, and that no member may serve more than three consecutive terms. Provides for expense reimbursement, but not for per diem payments. States that the panel’s proceedings must comply with chapter 14. (See, sections 3 and 7.)

This section expires July 1, 2008. [See, H.F. 1721]

[Effective day following final enactment.]

Access to data on juveniles. Authorizes the release of information maintained in the predatory offender database in conjunction with a background check, regardless of the age of the offender at the time of the offense. Although the Bureau of Criminal Apprehension may not release a juvenile adjudication history record and shall not release information in a manner that reveals the existence of the record, data maintained in the predatory offender database is not considered information that reveals the existence of a juvenile adjudication history. In general, access to data on juveniles is restricted to instances specifically listed in statute or rule. [See, H.F. 1124]

[Effective July 1, 2005.]

Identification data furnished to bureau. Authorizes the Bureau of Criminal Apprehension to add any identifying information onto a person’s criminal history, when the bureau learns that an individual, who the subject of a background check, has used or is using identification information that is not listed on the person’s criminal history. Fingerprint data must support any new identification information added to a person’s criminal history. New identification information includes, but is not limited to, name and date of birth. [See, H.F. 1150]

[Effective July 1, 2005.]

Special protective agent classification. Requires the Board of Private Detective and Protective Agent Services to establish a special protective agent license classification for persons who escort funeral processions and oversized loads. [See, H.F. 325]

[Effective July 1, 2005.]

Alcohol manufacturers. Increases license fees.