Rice was excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Lynch moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2840, A bill for an act relating to capital improvements; appropriating money to begin construction of the Wakota bridge; authorizing the sale of state bonds.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATIONS.]

The sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent to acquire and to better public land and buildings and other public improvements of a capital nature, as specified in this act.

APPROPRIATIONS

$

Sec. 2. DEPARTMENT OF TRANSPORTATION FACILITY PROJECTS

(a) Trunk Highway Facility Projects 20,530,000

$20,530,000 is appropriated from the trunk highway fund.

(1) For construction documents, construction, furnishing, and equipping of Bemidji headquarters building to replace the existing facility. The new facility will house the district staff, support services, design, construction, right-of-way, materials engineering, maintenance, radio shop, inventory center, vehicle maintenance,

vehicle storage, bridge maintenance, and building services 9,000,000

(2) Repair, replace, construct, or develop additions to chemical and salt

storage buildings at 29 department of transportation locations statewide 1,014,000

(3) For schematic design, design development, construction documents, construction, furnishing, and equipping of an addition

to the Rochester district office and state patrol center 1,260,000

(4) Construct, furnish, and equip a new equipment storage building

on a new site in Pipestone to replace the existing facility 520,000

(5) Construct, furnish, and equip a new equipment storage building

on a new site in Deer Lake to combine and replace existing operations

at Togo and Effie 644,000

(6) Construct, furnish, and equip a new equipment storage building

on a new site in Rushford to replace the existing facility 663,000

(7) For construction documents, construction, furnishing, and equipping of an addition to the central services building at Fort

Snelling for heated storage 855,000

(8) Schematic design, design development, and construction documents for projects at Duluth, St. Cloud, Jordan, Fort Snelling,

Golden Valley, and a new record building 677,000

APPROPRIATIONS

$

(9) Design, construction, equipping, and furnishing of an addition

to the Garrison truck station and related improvements 206,000

(10) For construction documents, construction, furnishing, and

equipping of an addition to the Hastings truck station 1,362,000

(11) Construct, furnish, and equip a new equipment storage building

on a new site in Gaylord to replace the existing facility 680,000

(12) Remove asbestos from various department of transportation

buildings statewide 225,000

(13) Construct, furnish, and equip a new equipment storage building

on a new site in Hibbing to replace the existing facility 1,237,000

(14) Design, construction, equipping, and furnishing of an addition

to the Long Prairie truck station and related improvements 215,000

(15) Design, construction, equipping, and furnishing of an addition

to the Forest Lake truck station and related improvements 451,000

(16) Design, construction, equipping, and furnishing of an addition

to the Erskine truck station and related improvements 300,000

(17) Design, construction, equipping, and furnishing of an addition

to the Dilworth truck station and related improvements 514,000

(18) Construct, furnish, and equip class II safety rest areas in

Fillmore county, Cook county, and Kanabec county 120,000

(19) Construct pole-type storage buildings at department

of transportation locations throughout the state 387,000

(20) Land acquisition at Fort Snelling next to the central services complex when it is made available as surplus property by the

federal government 200,000

(21) Clauses (1) to (20) are exempt from the requirements of

Minnesota Statutes, section 16B.335.

(b) Public Safety Project 1,185,000

$1,185,000 is appropriated from the trunk highway fund for capital improvements to license exam stations, grounds, and facilities at Arden Hills, Eagan, and Plymouth."

Delete the title and insert:

"A bill for an act relating to capital improvements; transportation facility projects; appropriating money to be spent to acquire and to better public land and buildings and other public improvements of a capital nature."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Capital Investment.

The report was adopted.

Pursuant to Senate Concurrent Resolution No. 12, H. F. No. 2840 was re-referred to the Committee on Rules and Legislative Administration.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 3214, A bill for an act relating to public administration; modifying debt collection provisions; amending Minnesota Statutes 1994, sections 16D.04, as amended; 16D.05; 16D.07; 16D.08, as amended; and 16D.10; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.06; 16D.11; 16D.12; 16D.14; and 16D.16.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [STATE GOVERNMENT APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose.

1996 1997 TOTAL

General Fund $ 4,407,000 $ 3,431,000$ 7,838,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. OFFICE OF STRATEGIC AND LONG-RANGE PLANNING -0- 500,000

This appropriation is for planning and construction of a worker retraining center located at the St. Paul Ford plant. This appropriation requires that the project be coordinated with MNSCU higher education institutions and that the Ford company and the United Auto Workers union provide furnishings, robotics equipment, and an operating budget. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.

Sec. 3. ADMINISTRATION -0- 1,350,000

$1,000,000 is for impact analysis and staff for state information system modifications relating to year 2000 date change requirements.

$134,000 of contributed capital is transferred from the electronic equipment rental fund to the micrographics/records center fund in fiscal year 1996.

$100,000 is for the Government Information Access Council. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.

$250,000 is appropriated to the commissioner of administration for purposes of administering a prescription drug contract program. This appropriation is from money available in the general fund as a result of the Ramsey county district court decision invalidating an attempted line-item veto by the governor.

Sec. 4. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 10,000 430,000

$250,000 is for design and construction of the Minnesota Women's Suffrage Memorial Garden on the capitol grounds. The last $50,000 of this appropriation is available only upon demonstration of a $50,000 match in nonstate funds.

$10,000 in fiscal year 1996 is for treatment of the surface of the Roy Wilkins memorial that must be performed immediately to prevent deterioration of the surface. Any amount of this appropriation not spent in fiscal year 1996 may be carried forward and spent in fiscal year 1997.

$180,000 in fiscal year 1997 is for revision of the board's comprehensive plan and zoning ordinance.

Sec. 5. FINANCE 4,397,000 -0-

$4,397,000 is for statewide operating systems. This appropriation is available until June 30, 1997.

By January 15, 1997, the sponsoring agencies of the statewide systems project shall report to the legislature. The report must include an accounting of money spent for statewide operating systems, and projections for future spending. The report also must include strategies for potential savings opportunities in operation of the statewide systems. The agencies must consider alternatives to mainframe operations. The report must describe efforts to: improve operator proficiency, modify software to achieve efficiencies, and educate users concerning efficient use of the systems.

The report must also include recommendations for management of user consumption of Intertech resources for the statewide systems, including the desirability of charge backs and fees for services.

Sec. 6. REVENUE -0- 976,000

This appropriation is to increase the department's audit presence in greater Minnesota and to make changes to the withholding system.

It is anticipated that these changes will result in additional general fund revenues of $1,950,000 in fiscal year 1997.

The commissioner of finance shall certify the amount of additional general fund revenue generated as a result of this increased activity. The amount certified in excess of $976,000 is appropriated to the commissioner of finance in fiscal year 1997 for purposes of operation of the statewide systems. This appropriation is available until expended.

Sec. 7. HUMAN RIGHTS -0- 175,000

$100,000 is for additional enforcement and case processing staff.

The commissioner of human rights shall report to the legislature by January 15, 1997. The report must contain a plan for making probable cause determinations as expeditiously as possible, and for using the minimum possible amount of department resources on those cases in which no probable cause is found. The report also must contain a plan to eliminate the case backlog in the department, and a plan to process future cases in a manner that complies with statutory time deadlines.

$75,000 is for an alternative dispute resolution program.

Sec. 8. [3.154] [FAILURE TO CARRY OUT LAW.]

(a) A standing committee of the house of representatives or the senate or a finance division of a standing committee may, by a majority vote of all of its members, determine that an executive branch agency intentionally has failed to implement a law in the manner required by the legislature. Before making such a determination, the committee or division must notify the agency of the law that is the subject of the alleged violation and must allow agency representatives to testify before the committee.

(b) Upon a determination of intentional failure to implement a law under paragraph (a), the commissioner of finance must reduce the direct appropriated operating budget of the agency, or the division of the agency responsible for the failure to implement the law, by ten percent for the fiscal year in which the determination under paragraph (a) occurred. However, the appropriation reduction required by this paragraph need not take place if the governor issues an executive order citing the law in issue and explaining why the governor believes the agency has not intentionally failed to implement the law.

Sec. 9. [3.3055] [INFORMATION SYSTEM REVIEW.]

The legislature shall establish an ongoing structure and process for legislative review of state agency development and acquisition of information systems, including:

(1) evaluation of plans for state agency information systems projects before the projects become formal budget recommendations;

(2) evaluation of state agency information systems projects that are included in the governor's budget recommendations; and

(3) oversight of the executive branch's implementation of state agency information systems projects that the legislature funds.

State agencies must submit information concerning these systems to the legislature at the time and in the manner requested by legislative committees or commissions.

Sec. 10. Minnesota Statutes 1994, section 8.15, is amended by adding a subdivision to read:

Subd. 5. [REIMBURSEMENTS.] State agencies receiving legal services from the attorney general for nongeneral funded activities shall reimburse the full cost of those services to the general fund based on periodic billings prepared by the attorney general. Payment must be made to the attorney general for deposit to the general fund as a nondedicated receipt. The attorney general, in consultation with the commissioner of finance, shall develop reimbursement policies and procedures related to legal services.

Sec. 11. [10.55] [JUNETEENTH.]

June 19 is designated Juneteenth in recognition of the historical pronouncement of the abolition of slavery on June 19, 1865, when the Emancipation Proclamation was said to have been first publicly read in Texas. The governor may take any action necessary to promote and encourage the observance of Juneteenth and public schools may offer instruction and programs on the occasion.

Sec. 12. [14.045] [AGENCIES; LIMITS ON PENALTIES.]

Subdivision 1. [LIMIT ON PENALTIES.] An agency may not, under authority of rule, levy a total fine or penalty of more than $700 for a single violation unless the agency has specific statutory authority to levy a fine in excess of that amount.

Subd. 2. [CRIMINAL PENALTY.] An agency may not, by rule, establish a criminal penalty unless the agency has specific statutory authority to do so.

Subd. 3. [FACTORS.] (a) If a statute or rule gives an agency discretion over the amount of a fine, the agency must take the following factors into account in determining the amount of the fine:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, and the natural resources of the state;

(3) the history of past violations;

(4) the number of violations;

(5) the economic benefit gained by the person by allowing or committing the violation; and

(6) other factors that justice may require.

(b) For a violation after an initial violation, the following factors must be considered in addition to the factors in paragraph (a):

(1) similarity of previous violations to the current violation to be penalized;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified.

Subd. 4. [EFFECT ON OTHER LAW.] This section does not affect the right of an agency to deny a permit, revoke a license, or take similar action, other than the imposition of a fine, even if the cost of the denial, revocation, or other action to the affected party exceeds $700.

Subd. 5. [EFFECTIVE DATE.] This section applies only to fines and penalties imposed under rules for which notice of intent to adopt rules is published after the effective date of this section.

Sec. 13. Minnesota Statutes 1994, section 16A.11, subdivision 1, is amended to read:

Subdivision 1. [WHEN.] The governor shall submit a three-part four-part budget to the legislature. Parts one and two, the budget message and detailed operating budget, must be submitted by the fourth Tuesday in January in each odd-numbered year. Part three, the detailed recommendations as to capital expenditure, must be submitted as follows: agency capital budget requests by June 15 of each odd-numbered year; preliminary governor's recommendations by September 1 of each odd-numbered year; and final recommendations by February 1 of each even-numbered year. Part four, the detailed recommendations as to information technology expenditure, must be submitted at the same time the governor submits the budget message to the legislature.

Sec. 14. Minnesota Statutes 1994, section 16A.11, is amended by adding a subdivision to read:

Subd. 3b. [PART FOUR; DETAILED INFORMATION TECHNOLOGY BUDGET.] The detailed information technology budget must include recommendations for information technology projects to be funded during the next biennium and planning estimates for an additional two biennia. It must be submitted with projects ranked in order of importance among all projects as determined by the governor.

Sec. 15. [16B.94] [PRICE CONTRACT FOR PRESCRIPTION DRUGS.]

The commissioner shall negotiate prescription drug price contracts for individuals who do not have any third party pay plans for prescription drugs. The commissioner shall develop and implement a program to pass these discount drug prices on to the individuals. Participation by individuals and pharmacies is voluntary. For purposes of this

section, "prescription drug" means a drug as defined in Minnesota Statutes, section 151.44, paragraph (d). The commissioner may charge administrative fees to program participants. Fee revenues are appropriated to the commissioner for purposes of administering the program.

Sec. 16. Minnesota Statutes 1995 Supplement, section 16D.02, subdivision 8, is amended to read:

Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota collection enterprise, a separate unit of government established to carry out the provisions of this chapter, pursuant to under the commissioner's authority to contract with of the commissioner of revenue for collection services under section 16D.04, subdivision 1.

Sec. 17. Minnesota Statutes 1994, section 16D.03, subdivision 2, is amended to read:

Subd. 2. [STATE AGENCY REPORTS.] State agencies shall report quarterly to the commissioner the debts owed to them. The commissioner, in consultation with the commissioners of revenue and human services, and the attorney general, shall establish internal guidelines for the recognition, tracking, reporting, and collection of debts owed the state. The internal guidelines must include accounting standards, performance measurements, and uniform reporting requirements applicable to all state agencies. The commissioner shall require a state agency to recognize, track, report, and attempt to collect debts according to the internal guidelines.

Sec. 18. Minnesota Statutes 1994, section 16D.04, as amended by Laws 1995, chapter 254, article 5, sections 5 and 6, is amended to read:

16D.04 [COLLECTION ACTIVITIES.]

Subdivision 1. [RESPONSIBILITY.] The commissioner of revenue shall supervise and operate the enterprise in all debt collection activity.

Subd. 1a. [DUTIES.] The commissioner enterprise shall provide services to the state and its agencies to collect debts owed the state. The commissioner enterprise is not a collection agency as defined by section 332.31, subdivision 3, and is not licensed, bonded, or regulated by the commissioner of commerce under sections 332.31 to 332.35 or 332.38 to 332.45. The commissioner enterprise is subject to section 332.37, except clause (9) or (10). The commissioner may contract with the commissioner of revenue for collection services, and may delegate to the commissioner of revenue any of the commissioner's duties and powers under this chapter. Debts referred to the commissioner of revenue for collection under this section or section 256.9792 may in turn be referred by the commissioner of revenue to the enterprise. An audited financial statement may not be required as a condition of debt placement with a private agency if the private agency: (1) has errors and omissions coverage under a professional liability policy in an amount of at least $1,000,000; or (2) has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In cases of debts referred under section 256.9792, the provisions of this chapter and section 256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions of section 256.9792 control. For purposes of this chapter, the referring agency for such debts remains the department of human services.

Subd. 2. [AGENCY PARTICIPATION.] A state agency may, at its option, refer debts to the commissioner enterprise for collection. The ultimate responsibility for the debt, including the reporting of the debt to the commissioner and the decision with regard to the continuing collection and uncollectibility of the debt, remains with the referring state agency.

Subd. 3. [SERVICES.] The commissioner enterprise shall provide collection services for a state agency, and may provide for collection services for a court, in accordance with the terms and conditions of a signed debt qualification plan.

Subd. 4. [AUTHORITY TO CONTRACT.] The commissioner and the enterprise may contract with credit bureaus, private collection agencies, and other entities as necessary for the collection of debts. A private collection agency acting under a contract with the commissioner or the enterprise is subject to sections 332.31 to 332.45, except that the private collection agency may indicate that it is acting under a contract with the commissioner or the enterprise. The commissioner and the enterprise may not delegate the powers provided under section 16D.08 to any nongovernmental entity.

Sec. 19. Minnesota Statutes 1994, section 16D.05, is amended to read:

16D.05 [PRIORITY OF SATISFACTION OF DEBTS.]

Subdivision 1. [MULTIPLE DEBTS.] If two or more debts owed by the same debtor are submitted to the commissioner enterprise, amounts collected on those debts must be applied as prescribed in this section.

Subd. 2. [ENFORCEMENT OF LIENS.] If the money received is collected on a judgment lien under chapter 550, a lien provided by chapter 514, a consensual lien or security interest, protection of an interest in property through chapter 570, by collection process provided by chapters 551 and 571, or by any other process by which the commissioner enterprise is enforcing rights in a particular debt, the money must be applied to that particular debt.

Subd. 3. [OTHER METHODS OF COLLECTION.] If the money is collected in any manner not specified in subdivision 2, the money collected must apply first to the satisfaction of any debts for child support. Any debts other than child support must be satisfied in the order in time in which the commissioner enterprise received the debts from the referring agency.

Sec. 20. Minnesota Statutes 1995 Supplement, section 16D.06, is amended to read:

16D.06 [DEBTOR INFORMATION.]

Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.] Notwithstanding chapter 13 or any other state law classifying or restricting access to government data, upon request from the commissioner enterprise or the attorney general, state agencies, political subdivisions, and statewide systems shall disseminate not public data to the commissioner enterprise or the attorney general for the sole purpose of collecting debt. Not public data disseminated under this subdivision is limited to financial data of the debtor or data related to the location of the debtor or the assets of the debtor.

Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, created, or maintained by the commissioner enterprise or the attorney general to collect debts are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9. The commissioner enterprise or the attorney general may disclose not public data:

(1) under section 13.05;

(2) under court order;

(3) under a statute specifically authorizing access to the not public data;

(4) to provide notices required or permitted by statute;

(5) to an agent of the commissioner enterprise or the attorney general, including a law enforcement person, attorney, or investigator acting for the commissioner enterprise or the attorney general in the investigation or prosecution of a criminal or civil proceeding relating to collection of a debt;

(6) to report names of debtors, amount of debt, date of debt, and the agency to whom debt is owed to credit bureaus and private collection agencies under contract with the commissioner enterprise;

(7) when necessary to locate the debtor, locate the assets of the debtor, or to enforce or implement the collection of a debt; and

(8) to the commissioner of revenue for tax administration purposes.

The commissioner enterprise and the attorney general may not disclose data that is not public to a private collection agency or other entity with whom the commissioner enterprise has contracted under section 16D.04, subdivision 4, unless disclosure is otherwise authorized by law.

Sec. 21. Minnesota Statutes 1994, section 16D.07, is amended to read:

16D.07 [NOTICE TO DEBTOR.]

The referring agency shall send notice to the debtor by United States mail or personal delivery at the debtor's last known address at least 20 days before the debt is referred to the commissioner enterprise. The notice must state the nature and amount of the debt, identify to whom the debt is owed, and inform the debtor of the remedies available under this chapter.

Sec. 22. Minnesota Statutes 1994, section 16D.08, as amended by Laws 1995, chapter 254, article 5, section 8, is amended to read:

16D.08 [COLLECTION DUTIES AND POWERS.]

Subdivision 1. [DUTIES.] The commissioner enterprise shall take all reasonable and cost-effective actions to collect debts referred to the commissioner enterprise.

Subd. 2. [POWERS.] In addition to the collection remedies available to private collection agencies in this state, the commissioner enterprise, with legal assistance from the attorney general, may utilize any statutory authority granted to a referring agency for purposes of collecting debt owed to that referring agency. The commissioner enterprise may also use the tax collection remedies of the commissioner of revenue in sections 270.06, clauses (7) and (17), excluding the power to subpoena witnesses; 270.66; 270.69, excluding subdivisions 7 and 13; 270.70, excluding subdivision 14; 270.7001 to 270.72; and 290.92, subdivision 23, except that a continuous wage levy under section 290.92, subdivision 23, is only effective for 70 days, unless no competing wage garnishments, executions, or levies are served within the 70-day period, in which case a wage levy is continuous until a competing garnishment, execution, or levy is served in the second or a succeeding 70-day period, in which case a continuous wage levy is effective for the remainder of that period. A debtor who qualifies for cancellation of the collection penalty under section 16D.11, subdivision 3, clause (1), can apply to the commissioner of revenue for reduction or release of a continuous wage levy, if the debtor establishes that the debtor needs all or a portion of the wages being levied upon to pay for essential living expenses, such as food, clothing, shelter, medical care, or expenses necessary for maintaining employment. The commissioner's determination not to reduce or release a continuous wage levy is appealable to district court. The word "tax" or "taxes" when used in the tax collection statutes listed in this subdivision also means debts referred under this chapter. For debts other than state taxes or child support, before any of the tax collection remedies listed in this subdivision can be used, except for the remedies in section 270.06, clauses (7) and (17), if the referring agency has not already obtained a judgment or filed a lien, the commissioner enterprise must first obtain a judgment against the debtor.

Sec. 23. Minnesota Statutes 1994, section 16D.10, is amended to read:

16D.10 [CASE REVIEWER.]

The commissioner enterprise shall make a case reviewer available to debtors. The reviewer must be available to answer a debtor's questions concerning the collection process and to review the collection activity taken. If the reviewer reasonably believes that the particular action being taken is unreasonable or unfair, the reviewer may make recommendations to the commissioner enterprise in regard to the collection action.

Sec. 24. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 1, is amended to read:

Subdivision 1. [IMPOSITION.] As determined by the commissioner, a penalty shall be added to the debts referred to the commissioner enterprise or private collection agency for collection. The penalty is collectible by the commissioner enterprise or private agency from the debtor at the same time and in the same manner as the referred debt. The referring agency shall advise the debtor of the penalty under this section and the debtor's right to cancellation of the penalty under subdivision 3 at the time the agency sends notice to the debtor under section 16D.07. If the commissioner enterprise or private agency collects an amount less than the total due, the payment is applied proportionally to the penalty and the underlying debt. Penalties collected by the commissioner enterprise under this subdivision or retained under subdivision 6 shall be deposited in the general fund as nondedicated receipts. Penalties collected by private agencies are appropriated to the referring agency to pay the collection fees charged by the private agency. Penalty collections in excess of collection agency fees must be deposited in the general fund as nondedicated receipts.

Sec. 25. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 2, is amended to read:

Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the time a debt is referred, the amount of the penalty is equal to 15 percent of the debt, or 25 percent of the debt remaining unpaid if the commissioner enterprise or private collection agency has to take enforced collection action by serving a summons and complaint on or entering judgment against the debtor, or by utilizing any of the remedies authorized under section 16D.08, subdivision 2, except for the remedies in sections 270.06, clause (7), and 270.66 or when referred by the commissioner enterprise for additional collection activity by a private collection agency. If, after referral of a debt to a private collection agency, the debtor requests cancellation of the penalty under subdivision 3, the debt must be returned to the commissioner enterprise for resolution of the request.

Sec. 26. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 4, is amended to read:

Subd. 4. [APPEAL.] Decisions of the commissioner of revenue denying an application to cancel the penalty under subdivision 3 are subject to the contested case procedure under chapter 14.

Sec. 27. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 5, is amended to read:

Subd. 5. [REFUND.] If a penalty is collected and then canceled, the amount of the penalty shall be refunded to the debtor within 30 days. The amount necessary to pay the refunds is annually appropriated to the commissioner enterprise.

Sec. 28. Minnesota Statutes 1995 Supplement, section 16D.11, subdivision 6, is amended to read:

Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is canceled under subdivision 3, an amount equal to the penalty is retained by the commissioner enterprise from the debt collected, and is accounted for and subject to the same provisions of this chapter as if the penalty had been collected from the debtor.

Sec. 29. Minnesota Statutes 1995 Supplement, section 16D.12, is amended to read:

16D.12 [PAYMENT OF COLLECTION AGENCY FEES.]

Unless otherwise expressly prohibited by law, a state agency may pay for the services of a state the enterprise or private collection agency from the money collected. The portion of the money collected which must be paid to the enterprise or private collection agency as its collection fee is appropriated from the fund to which the collected money is due.

Sec. 30. Minnesota Statutes 1995 Supplement, section 16D.14, is amended to read:

16D.14 [VENUE.]

Subdivision 1. [AUTHORIZATION.] The commissioner enterprise or the attorney general may bring an action to recover debts owed to the state in Ramsey county district court or Ramsey county conciliation court at the discretion of the state. In order to bring a cause of action under this section in any county other than the county where the debtor resides or where the cause of action arose, the commissioner enterprise or the attorney general must notify the debtor as provided in subdivisions 2 to 4, unless that venue is authorized by other law.

Subd. 2. [CONCILIATION COURT; CLAIMS FOR $2,500 OR LESS.] (a) Before bringing a conciliation court action for a claim for $2,500 or less under this section in any county other than where the debtor resides or where the cause of action arose, the commissioner enterprise or the attorney general shall send a form by first class mail to the debtor's last known address notifying the debtor of the intent to bring an action in Ramsey county. The commissioner enterprise or attorney general must enclose a form for the debtor to use to request that the action not be brought in Ramsey county and a self-addressed, postage paid envelope. The form must advise the debtor of the right to request that the action not be brought in Ramsey county and that the debtor has 30 days from the date of the form to make this request.

(b) If the debtor timely returns the form requesting the action not be brought in Ramsey county, the commissioner enterprise or attorney general may only file the action in the county of the debtor's residence, the county where the cause of action arose, or as provided by other law. The commissioner enterprise or attorney general shall notify the debtor of the action taken. If the debtor does not timely return the form, venue is as chosen by the commissioner enterprise or attorney general as authorized under this section.

(c) If a judgment is obtained in Ramsey county conciliation court when the form was sent by first class mail under this subdivision and the debtor reasonably demonstrates that the debtor did not reside at the address where the form was sent or that the debtor did not receive the form, the commissioner enterprise or the attorney general shall vacate the judgment without prejudice and return any funds collected as a result of enforcement of the judgment. Evidence of the debtor's correct address include, but are not limited to, a driver's license, homestead declaration, school registration, utility bills, or a lease or rental agreement.

Subd. 3. [CONCILIATION COURT CLAIMS EXCEEDING $2,500.] (a) In order to bring a conciliation court claim that exceeds $2,500 under this section in a county other than where the debtor resides or where the cause of action arose, the commissioner enterprise or the attorney general shall serve with the conciliation court claim a change of

venue form for the debtor to use to request that venue be changed and a self-addressed, postage paid return envelope. This form must advise the debtor that the form must be returned within 30 days of the date of service or venue will remain in Ramsey county.

(b) If the debtor timely returns the change of venue form requesting a change of venue, the commissioner enterprise or attorney general shall change the venue of the action to the county of the debtor's residence, the county where the cause of action arose, as provided by other law, or dismiss the action. The commissioner enterprise or attorney general must notify the debtor of the action taken. If the debtor does not timely return the form, venue is as chosen by the commissioner enterprise or attorney general as authorized under this section. The commissioner enterprise or the attorney general shall file the signed return receipt card or the proof of service with the court.

Subd. 4. [DISTRICT COURT.] (a) In order to bring a district court action under this section in any county other than where the debtor resides or where the cause of action arose, the commissioner enterprise or attorney general shall serve the change of venue form with the summons and complaint or petition commencing the collection action. Two copies of the form must be served along with a self-addressed, postage paid return envelope. The form must advise the debtor that the form must be returned within 20 days of the date of service or venue will remain in Ramsey county. If the debtor timely returns the change of venue form, the time to answer the summons and complaint or petition runs from the date of debtor's request for change of venue.

(b) If the debtor timely returns the change of venue form requesting that the action not be brought in Ramsey county, the commissioner enterprise or attorney general shall change the venue of the action to the county of the debtor's residence, the county where the cause of action arose, as provided by other law, or dismiss the action. The commissioner enterprise or attorney general shall notify the debtor of the action taken. If the debtor is served the form to change venue along with the district court summons and complaint or petition, in accordance with court rules, but does not return the form within the statutory timelines, venue is as chosen by the commissioner enterprise or attorney general as authorized under this section. The commissioner enterprise or attorney general shall file the proof of service along with the summons and complaint or petition commencing the lawsuit.

Subd. 5. [FEES.] No court filing fees, docketing fees, or release of judgment fees may be assessed against the state for collection actions filed under this chapter.

Sec. 31. Minnesota Statutes 1995 Supplement, section 16D.16, is amended to read:

16D.16 [SETOFFS.]

Subdivision 1. [AUTHORIZATION.] The commissioner enterprise or a state agency may automatically deduct the amount of a debt owed to the state from any state payment due to the debtor, except tax refunds, earned income tax credit, child care tax credit, prejudgment debts of $5,000 or less, funds exempt under section 550.37, or funds owed an individual who receives assistance under the provisions of chapter 256 are not subject to setoff under this chapter. If a debtor has entered into a written payment plan with respect to payment of a specified debt, the right of setoff may not be used to satisfy that debt. Notwithstanding section 181.79, the state may deduct from the wages due or earned by a state employee to collect a debt, subject to the limitations in section 571.922.

Subd. 2. [NOTICE AND HEARING.] Before setoff, the commissioner enterprise or state agency shall mail written notice by certified mail to the debtor, addressed to the debtor's last known address, that the commissioner enterprise or state agency intends to set off a debt owed to the state by the debtor against future payments due the debtor from the state. For debts owed to the state that have not been reduced to judgment, if no opportunity to be heard or administrative appeal process has yet been made available to the debtor to contest the validity or accuracy of the debt, before setoff for a prejudgment debt, the notice to the debtor must advise that the debtor has a right to make a written request for a contested case hearing on the validity of the debt or the right to setoff. The debtor has 30 days from the date of that notice to make a written request for a contested case hearing to contest the validity of the debt or the right to setoff. The debtor's request must state the debtor's reasons for contesting the debt or the right to setoff. If the commissioner enterprise or state agency desires to pursue the right to setoff following receipt of the debtor's request for a hearing, the commissioner enterprise or state agency shall schedule a contested case hearing within 30 days of the receipt of the request for the hearing. If the commissioner enterprise or state agency decides not to pursue the right to setoff, the debtor must be notified of that decision.

Sec. 32. Minnesota Statutes 1994, section 69.021, subdivision 4, is amended to read:

Subd. 4. [DETERMINATION OF QUALIFIED STATE AID RECIPIENTS; CERTIFICATION TO COMMISSIONER OF REVENUE.] The commissioner shall determine which municipalities and independent nonprofit firefighting corporations are qualified to receive fire state aid and which municipalities and counties are qualified to receive state

peace officer aid. The commissioner shall determine qualification upon receipt of (1) the fire department personnel and equipment certification or the police department and qualified peace officers certificate, whichever is applicable, required under section 69.011, (2) the financial compliance report required under section 6.495, and (3) any other relevant information which comes to the attention of the commissioner. Upon completion of the determination, on or before September October 1, the commissioner shall calculate under subdivision 6 the amount of (a) state peace officer aid which each county or municipality is to receive and (b) fire state aid which each municipality or nonprofit firefighting corporation is to receive. The commissioner shall certify to the commissioner of finance the name of each county or municipality, and the amount of state aid which each county or municipality is to receive, in the case of state peace officer aid; and the name of each municipality or independent nonprofit firefighting corporation and the amount of state aid which each municipality or independent nonprofit firefighting corporation is to receive, in the case of fire state aid.

Sec. 33. Minnesota Statutes 1994, section 69.021, is amended by adding a subdivision to read:

Subd. 10. [REDUCTION.] The commissioner of revenue shall reduce the apportionment of police state aid under subdivisions 5, paragraph (b), 6, and 7, for eligible employer units by any amount in excess of the employer's total prior calendar year obligation under section 353.65, as certified by the executive director of the public employees retirement association. The total shall be deposited in a separate excess police state-aid account in the general fund, administered and distributed as provided in subdivision 11.

Sec. 34. Minnesota Statutes 1994, section 69.021, is amended by adding a subdivision to read:

Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a) An excess police state-aid holding account is established in the general fund.

(b) Excess police state aid determined according to section 69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and (3), must be deposited in the excess police state-aid holding account.

(c) From the balance in the excess police state-aid holding account, $1,000,000 must be transferred annually to the ambulance service personnel longevity award and incentive suspense account established by section 144C.03, subdivision 2.

(d) If a police officer stress reduction program is created by law and money is appropriated for that program, an amount equal to that appropriation must be transferred from the balance in the excess police state-aid holding account.

(e) On October 1, 1997, and annually on each October 1, one-half of the balance of the excess police state-aid holding account remaining after deductions under paragraphs (c) and (d) must be allocated as additional amortization aid under section 423A.02, subdivision 1b.

(f) The remaining balance in the excess police state-aid holding account, after the deductions under paragraphs (c), (d), and (e), cancels to the general fund.

Sec. 35. Minnesota Statutes 1994, section 69.031, subdivision 1, is amended to read:

Subdivision 1. [COMMISSIONER OF FINANCE'S WARRANT.] The commissioner of finance shall issue to the county, municipality, or independent nonprofit firefighting corporation certified to the commissioner of finance by the commissioner a warrant for an amount equal to the amount certified to by the commissioner pursuant to section 69.021. The amount due and not paid by September October 1 accrues interest at the rate of one percent for each month or part of a month the amount remains unpaid, beginning the preceding July 1.

Sec. 36. Minnesota Statutes 1994, section 69.031, subdivision 5, is amended to read:

Subd. 5. [DEPOSIT OF STATE AID.] (1) The municipal treasurer, on receiving the fire state aid, shall within 30 days after receipt transmit it to the treasurer of the duly incorporated firefighters' relief association if there is one organized and the association has filed a financial report with the municipality; but if there is no relief association organized, or if any association dissolve, be removed, or has heretofore dissolved, or has been removed as trustees of state aid, then the treasurer of the municipality shall keep the money in the municipal treasury as provided for in section 424A.08 and shall be disbursed only for the purposes and in the manner set forth in that section.

(2) The municipal treasurer, upon receipt of the police state aid, shall disburse the police state aid in the following manner:

(a) For a municipality in which a local police relief association exists and all peace officers are members of the association, the total state aid shall be transmitted to the treasurer of the relief association within 30 days of the date of receipt, and the treasurer of the relief association shall immediately deposit the total state aid in the special fund of the relief association;

(b) For a municipality in which police retirement coverage is provided by the public employees police and fire fund and all peace officers are members of the fund, the total state aid shall be applied toward the municipality's employer contribution to the public employees police and fire fund pursuant to section 353.65, subdivision 3, and any state aid in excess of the amount required to meet the employer's contribution pursuant to section 353.65, subdivision 3, shall be deposited in the excess contributions holding account of the public employees retirement association; or

(c) For a municipality other than a city of the first class with a population of more than 300,000 in which both a police relief association exists and police retirement coverage is provided in part by the public employees police and fire fund, the municipality may elect at its option to transmit the total state aid to the treasurer of the relief association as provided in clause (a), to use the total state aid to apply toward the municipality's employer contribution to the public employees police and fire fund subject to all the provisions set forth in clause (b), or to allot the total state aid proportionately to be transmitted to the police relief association as provided in this subdivision and to apply toward the municipality's employer contribution to the public employees police and fire fund subject to the provisions of clause (b) on the basis of the respective number of active full-time peace officers, as defined in section 69.011, subdivision 1, clause (g).

For a city of the first class with a population of more than 300,000, in addition, the city may elect to allot the appropriate portion of the total police state aid to apply toward the employer contribution of the city to the public employees police and fire fund based on the covered salary of police officers covered by the fund each payroll period and to transmit the balance to the police relief association.

(3) The county treasurer, upon receipt of the police state aid for the county, shall apply the total state aid toward the county's employer contribution to the public employees police and fire fund pursuant to section 353.65, subdivision 3, and any state aid in excess of the amount required to meet the employer's contribution pursuant to section 353.65, subdivision 3, shall be deposited in the excess contributions holding account of the public employees retirement association.

(4) The designated metropolitan airports commission official, upon receipt of the police state aid for the metropolitan airports commission, shall apply the total police state aid toward the commission's employer contribution to the Minneapolis employees retirement fund under section 422A.101, subdivision 2a.

Sec. 37. Minnesota Statutes 1994, section 116G.151, is amended to read:

116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET IMPACT STATEMENT; FACILITIES IN MISSISSIPPI RIVER AREA.]

(a) Until completion of an environmental assessment worksheet impact statement that complies with the rules of the environmental quality board and this section, a state or local agency no member agency of the environmental quality board may not issue a permit for construction or operation of a metal materials shredding project with a processing capacity in excess of 20,000 tons per month that would be located in the Mississippi river critical area, as described in section 116G.15, upstream from United States Corps of Engineers Lock and Dam Number One Two.

(b) The pollution control agency is the responsible governmental unit for the preparation of an environmental assessment worksheet impact statement required under this section.

(c) In addition to the contents required under law and rule, an environmental assessment worksheet impact statement completed under this section must also include the following major categories:

(1) effects of operation of the project, including vibrations and airborne particulates and dust, on the Mississippi river;

(2) effects of operation of the project, including vibrations and airborne particulates and dust, on adjacent businesses and on residents and neighborhoods;

(3) effects of operation of the project on barge and street traffic;

(4) discussion of alternative sites considered by the project proposer for the proposed project, possible design modifications including site layout, and the magnitude of the project;

(5) mitigation measures that could eliminate or minimize any adverse environmental effects of the proposed project;

(6) impact of the proposed project on the housing, park, and recreational use of the river;

(7) effects of waste and implication of the disposal of waste generated from the proposed project;

(8) effects on water quality from the project operations, including wastewater generated from operations of the proposed project;

(9) potential effects from fugitive emissions, fumes, dust, noise, and vibrations from project operations;

(10) compatibility of the existing operation and proposed operation with other existing uses;

(11) the report of the expert required by paragraph (g).

(d) In addition to the publication and distribution provisions relating to environmental assessment worksheets impact statements under law and rule, notice of environmental assessment worksheets impact statements performed by this section shall also be published in a newspaper of general circulation as well as community newspapers in the affected neighborhoods.

(e) A public meeting in the affected communities must be held on the environmental assessment worksheet impact statement prepared under this section. After the public meeting on the environmental assessment worksheet impact statement, there must be an additional 30-day period for review and comment on the environmental assessment worksheet impact statement.

(f) If the pollution control agency determines that information necessary to make a reasonable decision about potential of significant environmental impacts is insufficient, the agency shall make a positive declaration and proceed with an environmental impact statement.

(g) The pollution control agency shall retain an expert in the field of toxicology who is capable of properly analyzing the potential effects and content of any airborne particulates, fugitive emissions, and dust that could be produced by a metal materials shredding project. The pollution control agency shall obtain any existing reports or documents from a governmental entity or project proposer that analyzes or evaluates the potential hazards of airborne particulates, fugitive emissions, or dust from the construction or operation of a metal materials shredding project in preparing the environmental assessment worksheet. The agency and the expert shall prepare, as part of the report, a risk assessment of the types of metals permitted to be shredded as compared to the types of materials that are likely to be processed at the facility. In performing the risk assessment, the agency and the expert must consider any actual experience at similar facilities. The report must be included as part of the environmental assessment worksheet impact statement.

(h) If the pollution control agency determines that under the rules of the environmental quality board an environmental impact statement should be prepared, the pollution control agency shall be the responsible governmental unit for preparation of the environmental impact statement.

Sec. 38. [116G.152] [PROHIBITION.]

No member agency of the environmental quality board may issue a permit for the construction, retrofitting, renovation, or operation of a steam service facility capable of utilizing coal or petroleum coke as its primary fuel source without prior legislative approval, if the facility is located or will be located within that portion of the Mississippi river critical area established in section 116G.15 that is within the boundaries of the city of Minneapolis.

Sec. 39. Minnesota Statutes 1994, section 144C.03, subdivision 2, is amended to read:

Subd. 2. [TRUST ACCOUNT.] (a) There is established in the general fund an ambulance service personnel longevity award and incentive trust account and an ambulance service personnel longevity award and incentive suspense account.

(b) The trust account must be credited with:

(1) general fund appropriations for that purpose;

(2) transfers from the ambulance service personnel longevity award and incentive suspense account; and

(3) investment earnings on those accumulated proceeds. The assets and income of the trust account must be held and managed by the commissioner of finance and the state board of investment for the benefit of the state of Minnesota and its general creditors.

(c) The suspense account must be credited with transfers from the excess contributions police state-aid holding account established in section 353.65, subdivision 7 69.021, subdivision 11, any per-year-of-service allocation under section 144C.07, subdivision 2, paragraph (c), that was not made for an individual, and investment earnings on those accumulated proceeds. The suspense account must be managed by the commissioner of finance and the state board of investment. From the suspense account to the trust account there must be transferred to the ambulance service personnel longevity award and incentive trust account, as the suspense account balance permits, the following amounts:

(1) an amount equal to any general fund appropriation to the ambulance service personnel longevity award and incentive trust account for that fiscal year; and

(2) an amount equal to the percentage of the remaining balance in the account after the deduction of the amount under clause (1), as specified for the applicable fiscal year:

Fiscal year Percentage

1995 20

1996 40

1997 50

1998 60

1999 70

2000 80

2001 90

2002 and thereafter 100

Sec. 40. Minnesota Statutes 1994, section 192.501, as amended by Laws 1995, chapter 186, section 48, is amended to read:

192.501 [FINANCIAL INCENTIVES FOR NATIONAL GUARD MEMBERS.]

Subdivision 1. [REENLISTMENT BONUS.] (a) The adjutant general shall establish a program providing a reenlistment bonus for members of the Minnesota national guard in accordance with this section. An active member of the Minnesota national guard serving satisfactorily, as defined by the adjutant general, shall be paid $250 per year for reenlisting in the Minnesota national guard.

(b) A member must reenlist in the Minnesota national guard for a minimum of three years.

(c) A member is eligible for subsequent reenlistment bonuses to the extent that total years of bonus eligibility are limited to 12 years.

(d) Bonus payments shall be paid in the month prior to the anniversary of a member's current reenlistment.

(e) A member electing to receive tuition assistance under subdivision 2, shall forfeit the reenlistment bonus for the years that the tuition assistance is provided.

Subd. 1a. [ENLISTMENT BONUS PROGRAM.] (a) The adjutant general may establish within the limitations of this subdivision a program to provide enlistment bonuses to eligible prospects who become members of the Minnesota national guard.

(b) Eligibility for the bonus is limited to a candidate who:

(1) has expertise, qualifications, or potential for military service deemed by the adjutant general as sufficiently important to the readiness of the national guard or a unit of the national guard to warrant the payment of a bonus in an amount to generally encourage the candidate's enlistment in the national guard;

(2) joins the national guard as an enlisted member, as defined in section 190.05, subdivision 6; and

(3) serves satisfactorily during the period of, and completes, the person's initial entry training, if applicable.

The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.

(c) The enlistment bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.

(d) If a member fails to complete a term of enlistment for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.

Subd. 1b. [REENLISTMENT BONUS PROGRAM.] (a) The adjutant general may establish a program to provide a reenlistment bonus to eligible members of the Minnesota national guard who extend their enlistment in the national guard within the limitations of this subdivision.

(b) Eligibility for the bonus is limited to an enlisted member of the national guard, as defined in section 190.05, subdivision 6, who:

(1) is serving satisfactorily as determined by the adjutant general;

(2) has ten or fewer years of service creditable for retirement; and

(3) has military training and expertise deemed by the adjutant general as sufficiently important to the readiness of the national guard or a unit of the national guard to warrant the payment of a bonus in an amount to generally encourage the member's reenlistment in the national guard.

The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.

(c) The reenlistment bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.

(d) If a member fails to complete a term of reenlistment for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.

Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT PROGRAM.] (a) The adjutant general shall establish a program providing to provide tuition and textbook reimbursement for grants to eligible members of the Minnesota national guard in accordance with this section. An active member of the Minnesota national guard serving satisfactorily, as defined by the adjutant general, shall be reimbursed for tuition paid to a post-secondary education institution as defined by section 136A.15, subdivision 5, upon proof of satisfactory completion of course work within the limitations of this subdivision.

(b) In the case of tuition paid to a public institution located in Minnesota, including any vocational or technical school, tuition is limited to an amount equal to 50 percent of the cost of tuition at that public institution, except as provided in this section. In the case of tuition paid to a Minnesota private institution or vocational or technical school or a public or private institution or vocational or technical school not located in Minnesota, reimbursement Eligibility is limited to a member of the national guard who:

(1) is serving satisfactorily as defined by the adjutant general;

(2) is attending a post-secondary educational institution, as defined by section 136A.15, subdivision 6, including a vocational or technical school operated or regulated by this state or another state or province; and

(3) provides proof of satisfactory completion of coursework, as defined by the adjutant general.

In addition, if a member of the Minnesota national guard is killed in the line of state active service or federally funded state active service, as defined in section 190.05, subdivisions 5a and 5b, the member's surviving spouse, and any surviving dependent who has not yet reached 24 years of age, shall be eligible for a tuition and textbook reimbursement grant.

The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the grant, and must specify the criteria in department regulations and publish changes as necessary.

(c) The amount of a tuition and textbook reimbursement grant must be specified on a schedule as determined and published in department regulations by the adjutant general, but is limited to 50 a maximum of an amount equal to 75 percent of the cost of tuition for lower division programs in the college of liberal arts at the twin cities campus of the University of Minnesota in the most recent academic year, except as provided in this section.

(c) If a member of the Minnesota national guard is killed in the line of state active service or federally funded state active service as defined in section 190.05, subdivision 5b, the state shall reimburse that in the case of a survivor as defined in paragraph (b), the amount of the tuition and textbook reimbursement grant for coursework satisfactorily completed by the person shall be limited to 100 percent of the cost of tuition for post-secondary courses satisfactorily completed by any surviving spouse and any surviving dependents who are 23 years old or younger. Reimbursement for surviving spouses and dependents is limited in amount and duration as is reimbursement for the national guard member at a Minnesota public educational institution.

Paragraph (b) notwithstanding, a person is no longer eligible for a grant under this subdivision once the person has received grants under this subdivision for the equivalent of 208 quarter credits or 144 semester credits of coursework.

(d) The amount of tuition reimbursement for each eligible individual shall be determined by the adjutant general according to rules formulated within 30 days of June 4, 1989. Tuition and textbook reimbursement grants received under this section subdivision shall not be considered by the Minnesota higher education services office or by any other state board, commission, or entity in determining a person's eligibility for a scholarship or grant-in-aid under sections 136A.095 to 136A.1311.

(e) If a member fails to complete a term of enlistment during which a tuition and textbook reimbursement grant was paid, the adjutant general may seek to recoup a prorated amount as determined by the adjutant general.

Subd. 3. [RECORDKEEPING; RECRUITMENT AND RETENTION; FISCAL MANAGEMENT REPORTING.] The department of military affairs shall adjutant general must keep an accurate record of the recipients of the reenlistment bonus and tuition reimbursement programs. The department shall report to the legislature on the effectiveness of the reenlistment bonus and tuition reimbursement programs in retaining and recruiting members for the Minnesota National Guard. The report to the legislature shall be made by January 1 of each year. The report shall include a review of the effect that the reenlistment bonus and tuition reimbursement programs have on the enlistment and reenlistment of national guard members. The report shall include an accurate record of the effect that both the tuition reimbursement program and the reenlistment bonus program have on the recruitment and retention of members by and benefits paid under this section, and must report this information in the agency performance report, including information regarding the rank, unit location, race, and sex gender.

By January 16 of each year, the adjutant general must provide copies of the regulations developed under this section to the chairs of the house and senate policy committees responsible for the national guard.

The department of military affairs shall make a specific effort to recruit and retain reenlist women and members of minority groups into the national guard through the use of the tuition reimbursement and reenlistment bonus financial incentives authorized by the programs in this section.

Sec. 41. Minnesota Statutes 1995 Supplement, section 240A.08, is amended to read:

240A.08 [APPROPRIATION.]

(a) $750,000 is appropriated annually from the general fund to the Minnesota amateur sports commission for the purpose of entering into long-term leases, use, or other agreements with the metropolitan sports facilities commission owner or operator of the basketball and hockey arena for use of the conduct of amateur sports activities at the

basketball and hockey arena, consistent with the purposes set forth in this chapter, including (1) stimulating and promoting amateur sports, (2) promoting physical fitness by promoting participation in sports, (3) promoting the development of recreational amateur sport opportunities and activities, and (4) promoting local, regional, national, and international amateur sport competitions and events. The metropolitan sports facilities commission may allocate 50 dates a year for the conduct of amateur sports activities at the basketball and hockey arena by the amateur sports commission. At least 12 of the dates must be on a Friday, Saturday, or Sunday. If any amateur sports activities conducted by the amateur sports commission at the basketball and hockey arena are restricted to participants of one gender, an equal number of activities on comparable days of the week must be conducted for participants of the other gender, but not necessarily in the same year. The legislature reserves the right to repeal or amend this appropriation, and does not intend this appropriation to create public debt.

(b) Effective July 1, 1996, the appropriation to the amateur sports commission under this section is contingent on the owner or operator of the basketball and hockey arena agreeing to provide the amateur sports commission, upon request of the commission, with at least 25 dates per year at the arena. To the extent requested by the commission, at least 12 of the dates must be on a Friday, Saturday, or Sunday. The amateur sports commission may sell a date at the arena to another group for any purpose. Revenue from sale of these dates is appropriated to the amateur sports commission for purposes listed in section 240A.04. For each date provided to the commission, the owner or operator of the arena must provide heat, lighting, usher services, and other ancillary services requested by the commission at no cost to the commission. The maximum value of the dates and the ancillary services that the owner or operator of the arena must provide to the commission under this section is $750,000 per year.

(c) The books, records, documents, accounting procedures, and practices of the metropolitan sports facilities commission, the Minneapolis community development agency, and any corporation with which the Minnesota amateur sports commission may contract for use of the basketball and hockey arena are available for review by the Minnesota amateur sports commission, the legislative auditor, and the chairs of the state government finance divisions of the senate and the house of representatives, subject to chapter 13 and section 473.598, subdivision 4.

Sec. 42. [363.065] [ALTERNATIVE DISPUTE RESOLUTION.]

There shall be, in the department, an alternative dispute resolution program to resolve disputes arising under the human rights act, with a process to:

(1) administer the alternative dispute resolution program;

(2) follow up with parties willing to use alternative dispute resolution;

(3) develop and maintain a panel of mediators and advisors and assign them to cases;

(4) track progress of alternative dispute resolution cases; and

(5) conduct evaluations of the program.

Sec. 43. Minnesota Statutes 1994, section 363.071, subdivision 7, is amended to read:

Subd. 7. [LITIGATION AND HEARING COSTS.] The administrative law judge shall order a respondent who is determined to have engaged in an unfair discriminatory practice to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparing for and conducting the hearing, unless payment of the costs would impose a financial hardship on the respondent. Appropriate costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the costs of transcripts and other necessary supplies and materials.

Money reimbursed to the department of human rights under this subdivision must be paid into the state treasury and credited to a special revenue account. Money in the account is appropriated to the commissioner of human rights to the extent the reimbursements were made to cover the department's costs and are available for the department's activities in enforcing the Minnesota human rights act.

Sec. 44. Minnesota Statutes 1994, section 423A.02, is amended by adding a subdivision to read:

Subd. 1b. [ADDITIONAL AMORTIZATION STATE AID.] Annually, on October 1, the commissioner of revenue shall allocate the additional amortization state aid transferred under section 69.021, subdivision 11, to:

(1) all police or salaried firefighter relief associations governed by and determined by the state auditor to be in full compliance with the requirements of section 69.77, that had an unfunded actuarial accrued liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the preceding December 31; and

(2) all local police or salaried firefighter consolidation accounts governed by chapter 353A that are certified by the executive director of the public employees retirement association as having for the current fiscal year an additional municipal contribution amount under section 353A.09, subdivision 5, paragraph (b), and that have implemented section 353A.083, subdivision 1, if the effective date of the consolidation preceded May 24, 1993, and that have implemented section 353A.083, subdivision 2, if the effective date of the consolidation preceded June 1, 1995.

The commissioner shall allocate the state aid on the basis of the proportional share of the relief association or consolidation account of the total unfunded actuarial accrued liability of all recipient relief associations and consolidation accounts as of December 31, 1993, for relief associations, and as of June 30, 1994, for consolidation accounts.

Sec. 45. Laws 1995, chapter 254, article 1, section 11, subdivision 8, is amended to read:

Subd. 8. Public Broadcasting

3,054,000 3,054,000

$1,450,000 the first year and $1,450,000 the second year are for matching grants for public television. Public television grant recipients shall give special emphasis to children's programming. In addition, public television grant recipients shall promote program and outreach initiatives that attempt to reduce youth violence in our communities.

$600,000 the first year and $600,000 the second year are for public television equipment needs. Equipment grant allocations shall be made after considering the recommendations of the Minnesota public television association.

$320,000 the first year and $320,000 the second year are for community service grants to public educational radio stations, which must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations under Minnesota Statutes, section 129D.14.

$494,000 the first year and $494,000 the second year are for equipment grants to public radio stations. These grants must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations and Minnesota Public Radio, Inc.

$15,000 each year is for a grant to the association of Minnesota public education radio stations for station KMOJ. This money may be used for equipment.

$150,000 the first year and $150,000 the second year are for grants for public information television transmission of legislative activities. At least one-half must go for programming to be broadcast in rural Minnesota.

$25,000 the first year and $25,000 the second year are for grants to the Twin Cities regional cable channel.

If an appropriation for either year for grants to public television or radio stations is not sufficient, the appropriation for the other year is available for it.

Sec. 46. [ADDITIONAL MUNICIPAL CERTIFICATION TO ACCOMPANY 1996 POLICE STATE-AID APPLICATION FORM.]

In addition to the information required to be provided by municipalities and counties in order to receive police state aid under Minnesota Statutes, sections 69.011 to 69.051, every potential recipient of the 1996 allocation of police state aid must additionally certify the following information as a condition of receipt of police state aid in 1996:

(1) number of licensed police officers employed by the municipality or county with public employees police and fire plan pension coverage during calendar year 1995;

(2) covered payroll of the employees described in clause (1) for calendar year 1995;

(3) amount of employer contributions to the public employees police and fire plan made by the municipality or county regarding the employees described in clause (1) for calendar year 1995;

(4) number of firefighters employed by the municipality or county with public employees police and fire plan pension coverage during calendar year 1995;

(5) annual covered payroll of the employees described in clause (4) for calendar year 1995; and

(6) amount of employer contributions to the public employees police and fire plan made by the municipality or county regarding the employees described in clause (4) for calendar year 1995.

Sec. 47. [REPORT ON CERTAIN POLICE STATE-AID REIMBURSEMENT PRACTICES.]

(a) Using the information reported under section 46, the commissioner of revenue and the executive director of the public employees retirement association jointly shall report, by November 1, 1996, to the chair of the legislative commission on pensions and retirement on the number of salaried firefighters for whom the employer contribution to the public employees police and fire plan was reimbursed in 1995 in the police state-aid program, the employing units involved, and the amount of 1995 police state aid involved for each employing unit.

(b) With the benefit of the reported information provided under paragraph (a), the legislative commission on pensions and retirement shall study the issue of the use of police state aid to fund the employer contribution to the public employees police and fire fund for local government firefighters and shall, by March 1, 1997, report the results of its study and any recommendations in the form of proposed legislation to the chair of the committee on governmental operations of the house of representatives, the chair of the committee on ways and means of the house of representatives, the chair of the committee on governmental operations and veterans of the senate, and the chair of the committee on finance of the senate.

Sec. 48. [STATEWIDE SYSTEMS ACCOUNT.]

Subdivision 1. [CREATION.] The statewide systems account is a separate account in the general fund. All money resulting from billings for statewide systems services must be deposited in the account. For the purposes of this section, statewide systems includes the state accounting system, payroll system, human resources system, procurement system, and related information access systems.

Subd. 2. [BILLING PROCEDURES.] The commissioner may bill up to $5,000,000 in fiscal year 1997 for statewide systems services provided to state agencies, judicial branch agencies, the University of Minnesota, the Minnesota state colleges and universities, and other entities. Billing must be based on usage. Each agency shall, by January 15 of each year, transfer from agency operating appropriations to the statewide systems account the amount billed by the commissioner. Billing policies and procedures related to statewide systems services must be developed by the commissioner of finance in consultation with the commissioners of employee relations and administration.

Subd. 3. [APPROPRIATION.] Money transferred into the account is appropriated to the commissioner of finance to pay for statewide systems services during fiscal year 1997.

Sec. 49. [STATE-OWNED PASSENGER VEHICLE STUDY.]

The commissioner of administration shall study and make recommendations to the chairs of the house and senate governmental operations committees by January 15, 1997, regarding strategies to achieve better management control of state-owned passenger vehicles. The study and recommendations shall specifically address opportunities for further consolidating the state's passenger vehicle fleets.

Sec. 50. [EVALUATION AND REPORT.]

The environmental quality board, using its existing appropriations, shall assess: (1) the compatibility of metal materials shredding projects and other industrial uses with tourism and other nonindustrial uses of the Mississippi river critical area, which has been designated an area of critical concern by section 116G.15; and (2) the environmental and public health effects of burning coal within or near residential areas of large urban centers. The board shall report its findings, and any recommendations developed pursuant to these assessments, to the legislature by January 1, 1997.

Sec. 51. [APPROPRIATION.]

For purposes of section 10, there is appropriated for fiscal year 1997 from all direct appropriated nongeneral funds an amount sufficient to reimburse the general fund for attorney general legal costs attributable to general fund expenditures.

Sec. 52. [REPEALER.]

Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7, is repealed.

Sec. 53. [EFFECTIVE DATES.]

Sections 4 and 5 are effective July 1, 1996, except that any provisions appropriating money for fiscal year 1996 are effective the day following final enactment. Sections 11 and 12 are effective the day following final enactment. Section 40 is effective July 1, 1996, and applies to bonuses and grants paid on or after that date."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for the general administration expenses of state government; imposing certain duties, authority, and limitations on agencies; making fund transfers; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16A.11, subdivision 1, and by adding a subdivision; 16D.03, subdivision 2; 16D.04, as amended; 16D.05; 16D.07; 16D.08, as amended; 16D.10; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 116G.151; 144C.03, subdivision 2; 192.501, as amended; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.06; 16D.11, subdivisions 1, 2, 4, 5, and 6; 16D.12; 16D.14; 16D.16; and 240A.08; Laws 1995, chapter 254, article 1, section 11, subdivision 8; proposing coding for new law in Minnesota Statutes, chapters 3; 10; 14; 16B; 116G; and 363; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7."

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.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 3217, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.

Reported the same back with the following amendments:

Page 2, line 22, delete "Hudek" and insert "Hudak"

Page 12, delete lines 34 and 35

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 3231, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; supplementing, reducing, and transferring earlier appropriations; regulating certain activities; amending Minnesota Statutes 1994, sections 17.117, subdivision 3; 18E.02, subdivision 5; 28A.04, subdivision 1; 28A.09, subdivision 1; 28A.15, subdivisions 7, 8, and by adding a subdivision; 28A.16; 28A.17; 85.015, by adding a subdivision; 85.054, by adding a subdivision; 97A.028, subdivision 3; 103G.405; and 500.221, subdivision 2; Minnesota Statutes 1995 Supplement, sections 28A.03; 28A.08, subdivision 1; 85.019, subdivision 4a; 103F.725, subdivision 1a; and 446A.07, subdivision 8; Laws 1995, chapter 220, sections 5, subdivision 10; 19, subdivisions 4 and 19; proposing coding for new law in Minnesota Statutes, chapters 21; and 103F; repealing Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a.

Reported the same back with the following amendments:

Page 16, after line 20, insert:

"Sec. 24. Minnesota Statutes 1994, section 103D.345, is amended by adding a subdivision to read:

Subd. 5. [APPLICABILITY OF PERMIT REQUIREMENTS TO STATE.] A rule adopted by the managers that requires a permit for an activity applies to the department of transportation."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 13, after "3;" insert "103D.345, by adding a subdivision;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 3239, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, and the board of trustees of the Minnesota state colleges and universities; making technical changes related to the post-secondary merger; establishing a work skills program; developing a statewide online information system; permitting acquisition of an aviation facility; extending survivor education benefits; amending Minnesota Statutes 1994, sections 116L.03, subdivision 1; 169.121, subdivision 10; 202A.19, subdivision 3; 204C.03, subdivision 2; and 345.48, subdivision 1; Minnesota Statutes 1995 Supplement, sections 116L.03, subdivision 2; and 297A.25, subdivision 11; Laws 1995, chapter 212, article 1, section 3, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 136F; repealing Minnesota Rules, parts 4800.8100; 4800.8200; 4800.8300; 4800.8400; 4830.6500; 4830.6510; 4830.6520; 4830.6600; 4830.6610; 4830.6620; 4830.8510; 4830.8520; 4830.8530; 4830.8535; 4830.8540; 4830.8550; 4830.8570; and 4830.8575.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [HIGHER EDUCATION APPROPRIATIONS.]

The sums in the columns headed "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified to be available for the fiscal years indicated for each purpose.

1996 1997 TOTAL

General $ -0- $ 10,000,000$ 10,000,000

1996 1997 TOTAL

Higher Education Services Office -0- 200,000 200,000

Board of Trustees of the Minnesota

State Colleges and Universities-0- 4,875,000 4,875,000

Board of Regents of the University of Minnesota-0- 4,925,000 4,925,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. HIGHER EDUCATION SERVICES OFFICE $ 200,000

$150,000 is for the library planning task force for planning a statewide online library information system. Funds not expended shall not cancel but shall carry over to the 1998-1999 biennium. Money may not be used for the office's indirect or operating funds.

$50,000 is for the loan repayment assistance program of Minnesota. The money must be used to reimburse graduates of Minnesota law schools working in Minnesota communities who are eligible under the criteria for loan repayment assistance for institutional law school debt. The money may be released to the program only in amounts that match contributions from the private bar.

By October 1, 1996, the higher education services office shall transfer any projected surplus in the state grant appropriation to the state work study program to be added to the fiscal year 1997 appropriation in Laws 1995, chapter 212, article 1, section 2, subdivision 4.

Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE

COLLEGES AND UNIVERSITIES $ 4,875,000

$4,575,000 is for competitive grants to campuses for acquisition, improvement, and innovative applications of technology. The grants must be awarded for proposals that are student centered and directly affect classroom instruction, advising, and other services that enhance student success. Grants may be for any amount up to $250,000 and shall be awarded through a process developed by the system. The system shall set up a review panel to judge the proposals. The panel shall include faculty, students, and at least one member of the Minnesota high technology council, with faculty constituting a majority of the members.

$300,000 is for the demonstration site for the work skills upgrade program. The board of trustees is encouraged to seek nonstate matching funds.

By February 15, 1997, the system office and campuses of the Minnesota state colleges and universities shall submit to the legislature a master academic plan for the metropolitan area that defines the current and future missions and plans of the metro area

colleges and universities. Within the fiscal realities of the state, the plan must consider short- and long-term demographic and enrollment projections, physical plant capacity and needs, and coordination and duplication of program offerings. The system office shall consult with the University of Minnesota during the planning process. The plan must be submitted to the board of trustees for approval before submission for legislative approval.

Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA $ 4,925,000

Subdivision 1. Academic health center

(a) $4,425,000 is for the academic health center for the development and purchase of new information technology to improve the delivery of health care education programs and to redesign the curriculum and underwrite the development of new or expanded programs in health care education. Where necessary, these funds may also be used to cover the costs of downsizing programs and retraining faculty and staff, but may not be used to finance the integration of the University hospital with Fairview Health Systems. The legislature requests the faculty, administration, and board of regents of the University to pursue an internal process leading to changes in the tenure code applicable to the academic health center, without infringing on academic freedom.

(b) The commissioner of finance shall place this appropriation in a performance incentive account.

(c) The commissioner shall release 90 percent of these funds to the board of regents when the board of regents certifies that changes have been made in the personnel policies for clinical faculty with regular appointments in the academic health center which enable the University to alter clinical compensation and base salary, and provide a streamlined due process procedure for separation under the provost of the academic health center, without infringing on academic freedom.

(d) The commissioner shall release ten percent of these funds when the University demonstrates that it is progressing in its development of the school of medicine at the University of Minnesota Duluth as a rural health center. This progress shall be measured by (1) changes in the educational program to expand the coordination of training for rural nurse practitioner, pharmacy, physician assistant, and medical students; and (2) development of electronic linkages between distant sites to provide video conferences, transmission of images, and transfer of information.

Subd. 2. Biomedical engineering institute

$500,000 is for an endowment to support the operating costs of a biomedical engineering institute. This appropriation is contingent upon the center raising at least an equal amount of nonstate funds.

Subd. 3. Technology

The Minnesota state colleges and universities and the University of Minnesota are requested to establish appropriate mechanisms for cooperation on projects for acquisition, improvement, and

innovative applications of technology to avoid inappropriate duplication and to enhance the quality of courses and programs. Coordination is also requested with respect to programs directed to elementary and secondary students and teachers.

Sec. 5. Minnesota Statutes 1994, section 116L.03, subdivision 1, is amended to read:

Subdivision 1. [MEMBERS.] The partnership shall be governed by a board of 12 11 directors.

Sec. 6. Minnesota Statutes 1995 Supplement, section 116L.03, subdivision 2, is amended to read:

Subd. 2. [APPOINTMENT.] The Minnesota job skills partnership board consists of: eight members appointed by the governor, the commissioner of trade and economic development, the commissioner of economic security, the chancellor of the technical college system, and the chancellor, or the chancellor's designee, of the board of trustees of the Minnesota state colleges and universities. If the chancellor makes a designation under this subdivision, the designee must have experience in technical education.

Sec. 7. [136F.77] [UNCLAIMED WARRANT FUNDS.]

Funds presumed abandoned as unclaimed warrants by the board shall be kept by the board and administered under the policies of the board.

Sec. 8. Minnesota Statutes 1994, section 169.121, subdivision 10, is amended to read:

Subd. 10. [RESEARCH PROGRAMS.] No person is guilty of a violation of this section committed while participating in a research or demonstration project conducted by the Minnesota highway safety center created pursuant to section 136.147. This subdivision applies only to conduct occurring while operating a state-owned vehicle under the supervision of personnel of the center on the grounds of the center.

Sec. 9. Minnesota Statutes 1994, section 202A.19, subdivision 3, is amended to read:

Subd. 3. The University of Minnesota may not schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the board of regents. No Minnesota state college or university may schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the state university board of trustees of the Minnesota state colleges and universities. No community college may schedule an event which will take place after 6:00 p.m. on the day of a major political party precinct caucus unless permission to do so has been received from the state board for community colleges.

Sec. 10. Minnesota Statutes 1994, section 204C.03, subdivision 2, is amended to read:

Subd. 2. [STATE COLLEGES AND UNIVERSITIES AND COMMUNITY COLLEGES.] Except for regularly scheduled classes, no Minnesota state college or university or state community college shall schedule an event between 6:00 p.m. and 8:00 p.m. on the day that an election is held in any political subdivision in which the university or college is located.

Sec. 11. Minnesota Statutes 1995 Supplement, section 297A.25, subdivision 11, is amended to read:

Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from all sales, including sales in which title is retained by a seller or a vendor or is assigned to a third party under an installment sale or lease purchase agreement under section 465.71, of tangible personal property to, and all storage, use or consumption of such property by, the United States and its agencies and instrumentalities, the University of Minnesota, state universities, community colleges, technical colleges, state academies, the Minnesota center for arts education, and school districts are exempt.

As used in this subdivision, "school districts" means public school entities and districts of every kind and nature organized under the laws of the state of Minnesota, including, without limitation, school districts, intermediate school districts, education districts, educational cooperative service units, secondary vocational cooperative centers, special

education cooperatives, joint purchasing cooperatives, telecommunication cooperatives, regional management information centers, technical colleges, joint vocational technical districts, and any instrumentality of a school district, as defined in section 471.59.

Sales exempted by this subdivision include sales under section 297A.01, subdivision 3, paragraph (f), but do not include sales under section 297A.01, subdivision 3, paragraph (j), clause (vii).

Sales to hospitals and nursing homes owned and operated by political subdivisions of the state are exempt under this subdivision.

The sales to and exclusively for the use of libraries of books, periodicals, audio-visual materials and equipment, photocopiers for use by the public, and all cataloguing and circulation equipment, and cataloguing and circulation software for library use are exempt under this subdivision. For purposes of this paragraph "libraries" means libraries as defined in section 134.001, county law libraries under chapter 134A, the state library under section 480.09, and the legislative reference library.

Sales of supplies and equipment used in the operation of an ambulance service owned and operated by a political subdivision of the state are exempt under this subdivision provided that the supplies and equipment are used in the course of providing medical care. Sales to a political subdivision of repair and replacement parts for emergency rescue vehicles and fire trucks and apparatus are exempt under this subdivision.

Sales to a political subdivision of machinery and equipment, except for motor vehicles, used directly for mixed municipal solid waste management services at a solid waste disposal facility as defined in section 115A.03, subdivision 10, are exempt under this subdivision.

Sales to political subdivisions of chore and homemaking services to be provided to elderly or disabled individuals are exempt.

Sales of telephone services to the department of administration that are used to provide telecommunications services through the intertechnologies revolving fund are exempt under this subdivision.

This exemption shall not apply to building, construction or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility. This exemption does not apply to construction materials purchased by tax exempt entities or their contractors to be used in constructing buildings or facilities which will not be used principally by the tax exempt entities.

This exemption does not apply to the leasing of a motor vehicle as defined in section 297B.01, subdivision 5, except for leases entered into by the United States or its agencies or instrumentalities.

The tax imposed on sales to political subdivisions of the state under this section applies to all political subdivisions other than those explicitly exempted under this subdivision, notwithstanding section 115A.69, subdivision 6, 116A.25, 360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2, 469.127, 473.394, 473.448, 473.545, or 473.608 or any other law to the contrary enacted before 1992.

Sales exempted by this subdivision include sales made to other states or political subdivisions of other states, if the sale would be exempt from taxation if it occurred in that state, but do not include sales under section 297A.01, subdivision 3, paragraphs (c) and (e).

Sec. 12. Minnesota Statutes 1994, section 345.48, subdivision 1, is amended to read:

Subdivision 1. All funds received under sections 345.31 to 345.60, including the proceeds from the sale of abandoned property pursuant to section 345.47, but excluding funds presumed abandoned as unclaimed warrants by the board of trustees of the Minnesota state colleges and universities under chapter 136F, shall forthwith be deposited by the commissioner in the general fund of the state after deduction of the fees and expenses provided for in section 345.485; except that unclaimed restitution payments held by a court under section 345.38 shall be deposited in the crime victim and witness account created in section 609.101, subdivision 1. Before making the deposit the commissioner shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each policyholder, insured person, or annuitant, and with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation, and the amount due. The record shall be available for public inspection at all reasonable business hours.

Sec. 13. Laws 1995, chapter 212, article 1, section 3, subdivision 2, is amended to read:

Subd. 2. Instructional Expenditures

The legislature estimates that instructional expenditures will be $214,536,000 each year for the technical colleges.

The legislature estimates that instructional expenditures will be $145,565,000 each year for community colleges.

The legislature estimates that instructional expenditures will be $253,612,000 each year for state universities.

During the biennium neither the board nor campuses shall plan or develop doctoral level programs or degrees until after they have received the recommendation of the house and senate committees on education, finance, and ways and means.

This appropriation includes continued support of at least $400,000 each year for the Mid-Tec and Heartland Telecommunications Networks.

This appropriation includes $40,000 each year for American Indian outreach. The legislature anticipates this money will assist the Fond Du Lac campus to recruit, advise, and retain American Indian students.

It is the intent of the legislature to hold the Minnesota state colleges and universities accountable for making budgetary and policy decisions that provide students with access to high quality education and training programs. Significant and demonstrable progress toward the goals in this subdivision and in section 6, subdivision 2, are expected in this biennium for consideration in funding decisions in the next supplemental budget and in the 1998-1999 biennial budget.

The commissioner of finance shall place $5,000,000 of the second year appropriation in a performance incentive account. The commissioner shall release $1,000,000 of this amount to the board of trustees each time that it demonstrates that it has achieved one of the following performance measures has been achieved:

(1) increase the percentage of the budget directed to instruction and academic resources;

(2) increase the number of credits issued through telecommunications between fiscal year 1995 and fiscal year 1996;

(3) increase the retention of new entering freshman on state university campuses who continue into the sophomore year between fiscal year 1995 and fiscal year 1996 by at least two percent. The appropriation shall be distributed released for distribution to those campuses that achieve the increase;

(4) increase the percentage of students in two-year programs who graduate within two years of admission, and the percentage of students in four-year programs who graduate within four years of admission by at least two percent. The appropriation shall be distributed released for distribution to campuses that achieve the increase; and

(5) increase in placement rates for occupational programs and transfer rates for academic programs for community and technical colleges. One- half of the appropriation for this measure shall be released for placement rate improvements, and one-half shall be released for transfer rate improvements.

The legislature expects the board of trustees to demonstrate its commitment to enhancing educational quality, including high priority initiatives that capitalize on opportunities created by merger for: joint programs with the University of Minnesota for faculty, staff, and administrative development; enhanced opportunities for students of color; and opportunities for using technology to the advantage of students and faculty.

The legislature further expects the board of trustees to make difficult choices in its allocations, based on critical evaluations of its campuses and programs, including actions to address the 14 duplicate two-year programs located within 35 miles of each other, as identified by the legislative auditor, for which no action has yet been taken.

Each college and university shall demonstrate to the board that, in the face of severe budget constraints, it has identified those programs and functions that are central to the mission of that campus and are most critical to meeting student needs, and that the campus has redirected resources to those identified areas to protect the core educational enterprise. Further, each campus shall demonstrate that it has taken actions to improve the productivity of faculty, administrators, and staff.

The amounts for library access; Fond du Lac American Indian student outreach; incentives for co-located campuses; increased instructional appropriations; performance funding; instructional equipment; conversion to semesters; systemwide computer system development for accounting, payroll, personnel, procurement, and student records; staff training for use of systems; staff restructuring, separation payments, and unemployment insurance; and development of library collections and curriculum at Metro State University are for these purposes only and shall be nonrecurring. The amounts are $8,741,000 in fiscal year 1996 and $16,147,000 in fiscal year 1997.

Sec. 14. Laws 1995, chapter 220, section 5, subdivision 2, is amended to read:

Subd. 2. Mineral Resources Management

4,717,000 4,717,000

Summary by Fund

General 4,717,000 4,217,000

Permanent University-0- 500,000

$311,000 the first year and $311,000 the second year are for iron ore cooperative research, of which $225,000 the first year and $225,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. Any unencumbered balance remaining in the first year does not cancel but is available for the second year.

$375,000 the first year and $375,000 the second year are for mineral diversification. Any unencumbered balance remaining in the first year does not cancel but is available for the second year.

$45,000 the first year and $45,000 the second year are for minerals cooperative environmental research, of which $30,000 the first year and $30,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. Any unencumbered balance remaining in the first year does not cancel but is available for the second year.

$500,000 the second year is from the university lands and minerals suspense account in the permanent university fund for activities of the commissioner to protect, improve, administer, manage, and otherwise enhance the mineral value of university lands. This is a one-time appropriation. The board of regents of the University of Minnesota is requested to discuss options with the commissioner of natural resources to determine a method to calculate reasonable costs of the commissioner to maintain the university trust lands.

Sec. 15. [WORK SKILLS UPGRADE.]

Subdivision 1. [INTENT.] The legislature believes that all employment-age Minnesotans should have the opportunity to be productive members of the changing workforce and should have the opportunity to earn a living wage. The legislature recognizes that economic opportunities in the future will often depend on an employee's ability to adapt continually to changing technology. To ensure that such economic opportunities are broadly available to all Minnesotans, the legislature intends that a program be designed and implemented which would identify a core group of broadly applicable job skills, and that courses should be offered in those skills at no cost or very low cost to Minnesotans.

Subd. 2. [DEMONSTRATION PROGRAM.] The chancellor of the Minnesota state colleges and universities shall designate at least one technical college campus to be a demonstration site to establish the work skills update program in the 1996-1997 academic year. The program shall offer a core curriculum of courses having broad application for Minnesotans wishing to improve their employability or otherwise to keep current in skills necessary to succeed in the changing economy. The courses in the demonstration program shall initially be offered at no cost or at very low cost. Enrollment in the demonstration program shall not be counted for funding purposes under Minnesota Statutes, section 135A.031. The chancellor shall report to the education committees of the legislature by January 15, 1997, on the progress of the demonstration program and possibility of expanding the program to all areas of the state through use of alternative instructional methods such as telecommunications.

Subd. 3. [CONSULTATION.] In establishing the demonstration program in subdivision 2, the chancellor shall consult with the commissioner of economic security, the commissioner of children, families, and learning, and representatives of the labor and business communities, to identify which courses have the greatest general applicability to workforce needs. The chancellor shall also establish a method of documenting to employers that skills courses have been completed whether through issuing of regular credits or some alternate method.

Subd. 4. [FUNDING.] The chancellor shall establish an account to fund the demonstration program established in this section. The account shall initially include the appropriation for this section but may also include nonstate funds. The chancellor may also establish a revolving fund in the account whereby students or employers deriving demonstrable economic benefit from the demonstration program would be required to repay some portion of that benefit so that the core curriculum opportunities can be expanded to others in the workforce.

Sec. 16. [STATEWIDE ONLINE INFORMATION SYSTEM.]

Subdivision 1. [SELECTION PROCESS.] The library planning task force, supported by the higher education services office, shall manage and coordinate a process to develop a statewide online information system for libraries, and determine the feasibility and functional requirements of automated statewide linkages. The library planning task force shall coordinate with the University of Minnesota, the Minnesota state colleges and universities, the Minnesota education telecommunications council, the government information access council, the MINITEX advisory committee, the advisory council of the office of library development and services in the department of children, families, and learning, and the information policy office in the department of administration.

Subd. 2. [CRITERIA.] A statewide online information system must meet the following criteria:

(1) be open to all University of Minnesota, Minnesota state colleges and universities, state government, public, school, and private college and other libraries;

(2) have a formal governing structure that includes the University of Minnesota, Minnesota state colleges and universities, and representatives of participating state government, public, school, private college, and other libraries;

(3) provide for the broadest possible sharing of information and cooperative collection management;

(4) provide the people of Minnesota with direct access to library catalog and information resources;

(5) allow libraries to retain local options for determining when to begin participating in the statewide system and for maintaining circulation policies and practices; and

(6) have a plan for evaluation of costs, access, and outcomes.

Subd. 3. [RECOMMENDATIONS.] By January 15, 1997, the library planning task force shall recommend to the chairs of the education committees of the legislature a proposed implementation timeline, technical standards, requirements for a request for proposal, a governance structure, and a budget for creating a statewide online system.

Sec. 17. [ANOKA HENNEPIN TECHNICAL COLLEGE AVIATION FACILITY.]

The board of trustees of the Minnesota state colleges and universities may acquire the aviation management facility and associated real property at the Anoka county airport that was leased for use by the Anoka Hennepin technical college. If the board of trustees acquires the facility, the purchase must be made according to the terms of the existing lease and purchase option agreement.

Sec. 18. [SURVIVOR BENEFITS.]

Subdivision 1. [ELIGIBLE.] Notwithstanding the statutory age restriction, a child who was born on March 24, 1969, July 23, 1970, or May 24, 1973, and whose parent was a volunteer fire fighter killed in the line of duty on November 18, 1985, is eligible to receive the education benefits under Minnesota Statutes, section 299A.45.

Subd. 2. [AWARD.] Within 30 days of the effective date of this section, the commissioner of public safety shall award the educational benefits under Minnesota Statutes, section 299A.45, to anyone meeting the eligibility criteria in subdivision 1.

Sec. 19. [REPEALER.]

(a) Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a, is repealed.

(b) Minnesota Rules, parts 4800.8100, 4800.8200, 4800.8300, 4800.8400, 4830.6500, 4830.6510, 4830.6520, 4830.6600, 4830.6610, 4830.6620, 4830.8510, 4830.8520, 4830.8530, 4830.8535, 4830.8540, 4830.8550, 4830.8570, and 4830.8575, are repealed.

Sec. 20. [INSTRUCTION TO REVISOR.]

(a) In the next and subsequent editions of Minnesota Statutes, the revisor shall delete "community college," "board of community colleges," or related terms; "state university," "board of state universities," or related terms; and "technical college," "board of technical colleges," or related terms and replace them with "Minnesota state colleges and universities," "board of trustees of the Minnesota state colleges and universities," or related terms in the following sections and subdivisions: 3.3005, subdivision 1; 3.732, subdivision 1; 3.754; 13.792; 15.44; 16A.127, subdivision 8; 16B.101, subdivision 1; 16B.24, subdivision 2; 16B.30; 16B.31, subdivision 1; 16B.61, subdivision 5; 43A.08, subdivision 1a; 116N.02, subdivision 1; 116O.09, subdivision 4; 135A.06, subdivision 1; 138.054, subdivision 2; 216C.13; 256.7365, subdivision 4; 256H.01, subdivision 13; 268.65, subdivision 2; 309.515, subdivision 1; and 491A.01, subdivision 6.

(b) In the next and subsequent editions of Minnesota Statutes, the revisor shall change the term "chancellor of vocational education" to "chancellor of the Minnesota state colleges and universities" in Minnesota Statutes, section 268.363.

(c) In the next and subsequent editions of Minnesota Statutes, the revisor shall change the cross-reference to chapter "136C" to "136F" in Minnesota Statutes, section 326.84, subdivision 3, clause (9).

Sec. 21. [EFFECTIVE DATE.]

Sections 13, 14, 17, 18, and 19, paragraph (a), are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; making technical changes related to the post-secondary merger; establishing a work skills program; developing a statewide online information system; permitting acquisition of an aviation facility; extending survivor education benefits; amending Minnesota Statutes 1994, sections 116L.03, subdivision 1; 169.121, subdivision 10; 202A.19, subdivision 3; 204C.03, subdivision 2; and 345.48, subdivision 1; Minnesota Statutes 1995 Supplement, sections 116L.03, subdivision 2; and 297A.25, subdivision 11; Laws 1995, chapters 212, article 1, section 3, subdivision 2; and 220, section 5, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 136F; repealing Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a; Minnesota Rules, parts 4800.8100; 4800.8200; 4800.8300; 4800.8400; 4830.6500; 4830.6510; 4830.6520; 4830.6600; 4830.6610; 4830.6620; 4830.8510; 4830.8520; 4830.8530; 4830.8535; 4830.8540; 4830.8550; 4830.8570; and 4830.8575."

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

S. F. No. 2802, A bill for an act relating to natural resources; providing an appropriation for snowmobile grants-in-aid; requiring a report; appropriating money.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

H. F. Nos. 3217, 3231 and 3239 were read for the second time.

S. F. No. 2802 was read for the second time.

The following House Files were introduced:

Rice, for the Committee on Economic Development, Infrastructure and Regulation Finance, introduced:

H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1, and by adding

a subdivision; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.

The bill was read for the first time and referred to the Committee on Ways and Means.

Mariani introduced:

H. F. No. 3244, A bill for an act relating to education; modifying the compensatory education revenue program; amending Minnesota Statutes 1994, section 124A.28.

The bill was read for the first time and referred to the Committee on Education.

Mariani and Garcia introduced:

H. F. No. 3245, A bill for an act relating to transportation; requiring metropolitan council to study coordination and regulation of certain transit services and report to legislature.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Johnson, V.; Smith; Pelowski; Ozment and Macklin introduced:

H. F. No. 3246, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same constitutional standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Rest introduced:

H. F. No. 3247, A bill for an act relating to taxation; authorizing creation of heritage and historic subdistricts within tax increment financing districts; amending Minnesota Statutes 1994, sections 469.174, subdivisions 7, 16, and by adding subdivisions; 469.175, subdivision 7, and by adding a subdivision; 469.176, subdivisions 4e, 5, and by adding a subdivision; and 469.1765, subdivisions 2, 3, 4, and 7; Minnesota Statutes 1995 Supplement, sections 273.1399, subdivision 6; 469.174, subdivisions 4, 23, and 24; and 469.175, subdivision 1.

The bill was read for the first time and referred to the Committee on Taxes.

Tomassoni introduced:

H. F. No. 3248, A bill for an act relating to education; providing direction to the state board of education; amending Minnesota Statutes 1994, section 121.11, subdivision 7d.

The bill was read for the first time and referred to the Committee on Education.

S. F. No. 2584, A bill for an act relating to veterans; eliminating certain duties of the board of directors of the Minnesota veterans homes; amending Minnesota Statutes 1994, section 198.003, subdivision 1.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Onnen        Sviggum
Anderson, B. Frerichs     Kraus        Opatz        Swenson, D.
Anderson, R. Garcia       Krinkie      Orenstein    Swenson, H.
Bakk         Girard       Larsen       Orfield      Sykora
Bertram      Goodno       Leighton     Osskopp      Tomassoni
Bettermann   Greenfield   Lieder       Osthoff      Tompkins
Bishop       Greiling     Lindner      Ostrom       Trimble
Boudreau     Gunther      Long         Otremba      Tuma
Bradley      Haas         Lourey       Ozment       Tunheim
Broecker     Hackbarth    Luther       Paulsen      Van Dellen
Brown        Harder       Lynch        Pawlenty     Van Engen
Carlson, L.  Hasskamp     Macklin      Pellow       Vickerman
Carlson, S.  Hausman      Mahon        Pelowski     Wagenius
Carruthers   Holsten      Mares        Perlt        Warkentin
Commers      Huntley      Mariani      Peterson     Weaver
Cooper       Jaros        Marko        Pugh         Wejcman
Daggett      Jefferson    McCollum     Rest         Wenzel
Dauner       Johnson, A.  McElroy      Rhodes       Winter
Davids       Johnson, R.  McGuire      Rostberg     Wolf
Dawkins      Johnson, V.  Milbert      Rukavina     Worke
Dehler       Kahn         Molnau       Sarna        Workman
Delmont      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kelley       Munger       Seagren      
Dorn         Kelso        Murphy       Skoglund     
Entenza      Kinkel       Ness         Smith        
Erhardt      Knight       Olson, E.    Solberg      
Farrell      Knoblach     Olson, M.    Stanek       

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Pursuant to rule 1.10, Rest requested immediate consideration of H. F. No. 2757.

H. F. No. 2757 was reported to the House.

Rest moved to amend H. F. No. 2757 as follows:

Page 1, line 9, delete "For purposes of funding" and insert "(a)"

Page 1, delete line 10

Page 1, line 12, delete ". These" and insert "to fund:

(1) airports and air navigation facilities;

(2) other capital improvements at airports managed by the commission;

(3) noise abatement and natural resource protection measures, regardless of location and ownership;

(4) transportation and parking improvements related to airports managed by the commission, regardless of location; and

(5) the refund of any outstanding obligations of the commission.

The commission may secure the bonds with available revenue in accordance with generally accepted public financial practices under a resolution of the commission or trust indenture for the bonds."

Page 1, delete lines 13 and 14

Page 1, line 15, delete everything before "The"

Page 1, after line 18, insert:

"(b) The commission shall notify the chair of the taxes committee of the House of Representatives and the chair of the taxes and tax laws committee of the Senate of any proposal to issue bonds under this subdivision and provide them an opportunity to review the proposal.

(c) The commission may obligate itself to establish, revise, and collect rates, fees, charges, and rentals for all airport and air navigation facilities used by or made available to any person, firm, association, or corporation to produce revenues sufficient:

(1) to pay principal and interest on all obligations of the commission;

(2) to fund reserves for the bonds;

(3) to pay other commission expenses in accordance with law.

(d) (1) Any pledge of revenues under this section is subordinate to the pledge of current revenues to cancel taxes levied for general obligation revenue bonds issued under section 473.665.

(2) Subject to clause (1), if the bonds meet the conditions of section 473.667, subdivision 7, the commission may pledge revenues to the revenue bonds issued under this subdivision on a parity with the pledge of revenues to general obligation revenue bonds issued under section 473.667. The pledge of revenues to revenue bonds issued under this subdivision may be prior to the obligation under section 473.667, subdivision 6, to repay any deficiency taxes levied for general obligation revenue bonds.

(3) The commission may pledge revenues of any discrete facility or portions of the airport and air navigation facilities of the commission to the bonds. The commission may establish reserves from any available funds or the proceeds of the bonds and may make other covenants as it deems necessary to protect the holders of the bonds. Passenger facility charge bonds may pledge receipts from passenger facility charges separately or together with a pledge of other revenues.

(e) The commission may use any powers under chapter 475, except the power to issue general obligation bonds."

The motion prevailed and the amendment was adopted.

Orenstein and Rest moved to amend H. F. No. 2757, as amended, as follows:

Page 1, after line 18, insert:

"Sec. 2. Minnesota Statutes 1994, section 473.608, is amended by adding a subdivision to read:

Subd. 23. [PARKING PRIVILEGES.] Except as otherwise provided in this subdivision, the commission may not provide free parking at the Minneapolis-Saint Paul international airport terminal. The commission may provide free parking to employees and members of the commission who are at the terminal on official business. The commission may provide free parking at the Minneapolis-Saint Paul international airport terminal for persons who are not employees or members of the commission if those persons are attending a meeting of the commission or performing

volunteer work in the terminal. A card or pass issued to provided free parking must have an expiration date of no later than one year after the card or pass is issued. The commission shall require an expired card to be returned to the commission or otherwise accounted for. The commission shall maintain a record of who receives free parking at the terminal, including the person's name and organization, the date, the dollar value of the free parking provided, and the purpose for which the free parking was provided.

Sec. 3. [EXISTING PARKING CARDS EXPIRE.]

All cards or passes authorizing free parking at the Minneapolis-Saint Paul international airport terminal issued by the commission before the effective date of this act, expire on the effective date of this act. The commission shall insure that all free parking cards or passes issued on or after the effective date of this act are distinguishable from any cards or passes previously issued. The commission shall not honor expired free parking cards or passes.

Sec. 4. [APPLICATION.]

This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Amend the title accordingly

Frerichs raised a point of order pursuant to rule 3.10 that the Orenstein and Rest amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.

The question recurred on the Orenstein and Rest amendment to H. F. No. 2757, as amended. The motion prevailed and the amendment was adopted.

H. F. No. 2757, A bill for an act relating to metropolitan government; authorizing the metropolitan airports commission to issue revenue bonds; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bakk         Garcia       Kraus        Onnen        Sviggum
Bertram      Girard       Krinkie      Opatz        Swenson, D.
Bettermann   Goodno       Larsen       Orenstein    Swenson, H.
Bishop       Greenfield   Leighton     Orfield      Sykora
Boudreau     Greiling     Leppik       Osskopp      Tomassoni
Bradley      Gunther      Lieder       Osthoff      Tompkins
Broecker     Haas         Lindner      Ostrom       Trimble
Brown        Hackbarth    Long         Otremba      Tuma
Carlson, L.  Harder       Lourey       Ozment       Tunheim
Carlson, S.  Hasskamp     Luther       Paulsen      Van Dellen
Carruthers   Hausman      Lynch        Pawlenty     Van Engen
Clark        Holsten      Macklin      Pellow       Vickerman
Commers      Huntley      Mahon        Pelowski     Wagenius
Cooper       Jaros        Mares        Perlt        Warkentin
Daggett      Jefferson    Mariani      Peterson     Weaver
Dauner       Jennings     Marko        Pugh         Wejcman
Davids       Johnson, A.  McCollum     Rest         Wenzel
Dawkins      Johnson, R.  McElroy      Rhodes       Winter
Dehler       Johnson, V.  McGuire      Rostberg     Wolf
Delmont      Kahn         Milbert      Rukavina     Worke
Dempsey      Kalis        Molnau       Sarna        Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2596.

S. F. No. 2596, A bill for an act relating to game and fish; providing an appropriation for emergency deer feeding; appropriating money; amending Minnesota Statutes 1994, section 97A.075, subdivision 1.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Bakk         Girard       Kalis        Onnen        Schumacher
Bertram      Haas         Kelso        Opatz        Skoglund
Boudreau     Hackbarth    Kinkel       Orfield      Smith
Brown        Hasskamp     Koppendrayer Otremba      Solberg
Carlson, L.  Holsten      Larsen       Ozment       Swenson, H.
Carruthers   Huntley      Leighton     Pelowski     Tomassoni
Daggett      Jaros        Lieder       Perlt        Tompkins
Dehler       Jefferson    Long         Peterson     Tunheim
Delmont      Jennings     Lourey       Pugh         Wenzel
Dempsey      Johnson, A.  Milbert      Rest         Winter
Dorn         Johnson, R.  Murphy       Rostberg     Worke
Finseth      Johnson, V.  Ness         Rukavina     Sp.Anderson,I
Frerichs     Kahn         Olson, E.    Sarna        

Abrams       Entenza      Krinkie      Mulder       Sykora
Anderson, B. Erhardt      Leppik       Olson, M.    Trimble
Anderson, R. Farrell      Lindner      Orenstein    Tuma
Bettermann   Garcia       Luther       Osskopp      Van Dellen
Bishop       Goodno       Lynch        Osthoff      Van Engen
Bradley      Greenfield   Macklin      Ostrom       Vickerman
Broecker     Greiling     Mahon        Paulsen      Wagenius
Carlson, S.  Gunther      Mares        Pawlenty     Warkentin
Clark        Harder       Mariani      Pellow       Weaver
Commers      Hausman      Marko        Rhodes       Wejcman
Cooper       Kelley       McCollum     Seagren      Wolf
Dauner       Knight       McElroy      Stanek       Workman 
Davids       Knoblach     McGuire      Sviggum      
Dawkins      Kraus        Molnau       Swenson, D.  

There being no objection, the order of business reverted to Reports of Standing Committees.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 2818, A bill for an act relating to human services; changing provisions to MA and GAMC; providing changes to long-term care; adding provisions to health care and health plan regulations; adding provisions for dental services, senior nutrition programs, and kinship caregiver support programs; authorizing studies and reports; appropriating money; amending Minnesota Statutes 1994, sections 62D.04, subdivision 5; 62N.10, subdivision 4; 62Q.075, subdivision 2; 144.0722, by adding a subdivision; 144.551, subdivision 1; 144.71, subdivisions 1 and 2; 144.72, subdivisions 1 and 2; 144.73, subdivision 1; 144.74; 145.61, subdivision 5; 148C.01, by adding a subdivision; 148C.09, by adding a subdivision; 157.20, by adding a subdivision; 245.462, subdivision 4; 245.4871, subdivision 4; 245.94, subdivisions 2a and 3; 245.95, subdivision 2; 245.97, subdivision 6; 246.57, by adding a subdivision; 253B.11,

subdivision 2; 256.482, by adding a subdivision; 256.9355, subdivision 3; 256B.03, by adding a subdivision; 256B.056, subdivision 1a; 256B.058, subdivision 2; 256B.0627, subdivisions 1, as amended, 4, as amended, 5, as amended, and by adding a subdivision; 256B.0913, subdivision 7, and by adding subdivisions; 256B.0915, subdivision 1b, and by adding subdivisions; 256B.15, by adding subdivisions; 256B.35, subdivision 1; 256B.37, subdivision 5; 256B.49, by adding a subdivision; 256B.501, by adding a subdivision; 256B.69, by adding a subdivision; 256D.16; 256I.04, subdivision 1; 256I.05, subdivision 1c, and by adding a subdivision; and 327.14, subdivision 8; Minnesota Statutes 1995 Supplement, sections 62Q.19, subdivisions 1 and 5; 62R.17; 144.122; 144.9503, subdivisions 6, 8, and 9; 144.9504, subdivisions 2, 7, and 8; 144.9505, subdivision 4; 144A.071, subdivision 3; 148C.01, subdivisions 12 and 13; 148C.02, subdivisions 1 and 2; 148C.03, subdivision 1; 148C.04, subdivisions 3, 4, and by adding a subdivision; 148C.05, subdivision 1; 148C.06; 148C.11, subdivisions 1 and 3; 157.011, subdivision 1; 157.15, subdivisions 4, 5, 6, 9, 12, 13, and 14, and by adding subdivisions; 157.16; 157.17, subdivision 2; 157.20, subdivision 1; 157.21; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivisions 1, 2b, and 10; 256B.0575; 256B.0625, subdivisions 17, 19a, and 30; 256B.0628, subdivision 2; 256B.0913, subdivisions 5 and 15a; 256B.0915, subdivisions 3 and 3a; 256B.093, subdivision 3; 256B.15, subdivision 5; 256B.431, subdivision 25; 256B.432, subdivision 2; 256B.434, subdivision 10; 256B.49, subdivisions 6 and 7; 256B.501, subdivisions 5b and 5c; 256B.69, subdivisions 3a, 4, 5b, 6, and 21; 256D.03, subdivision 4; and 256I.04, subdivisions 2b and 3; Laws 1995, chapter 207, articles 1, section 2, subdivision 4; and 8, section 42, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 157; 252; 256; 256B; and 256E; proposing coding for new law as Minnesota Statutes, chapter 252B; repealing Minnesota Statutes 1994, sections 144.691, subdivision 4; 146.14; 146.20; Minnesota Statutes 1995 Supplement, sections 157.03; 157.15, subdivision 2; 157.18; 157.19; and 256B.69, subdivision 4a; Minnesota Rules, part 9505.5230.

Reported the same back with the following amendments:

Page 48, line 10, strike everything after "diagnosis"

Page 48, strike line 11

Page 48, line 12, strike everything before the semicolon

Page 48, line 35, strike "for the report year 1993," and strike "July 11, 1994" and insert "May 1, 1992"

Page 49, line 1, strike "1996" and insert "1992"

Page 76, line 14, after the headnote insert "(a)"

Page 77, line 10, before "The" insert:

"(b)"

Page 77, line 13, delete "unless the expansion is approved by" and insert "if"

Page 77, line 14, before the period insert "has adopted a resolution, by July 1, 1996, opposing the expansion"

Page 77, line 16, after "program" insert "or prepaid general assistance medical care program" and delete "unless"

Page 77, line 17, delete "the expansion is approved by" and insert "if" and before the period insert "has adopted a resolution, by June 20, 1996, opposing the expansion"

Page 77, after line 17, insert:

"(c) The prepaid MinnesotaCare program may be implemented or expanded by the commissioner in counties without regards to the limitations of paragraph (b) and without regards to whether or not a county establishes a joint purchaser demonstration project under section 67."

Page 98, line 6, delete the first comma and insert "or employees of" and delete ", and"

Page 98, line 7, delete "private employers"

Page 100, line 29, delete the first comma and insert "or" and delete ", or"

Page 100, line 30, delete "prepaid MinnesotaCare"

Page 100, line 31, delete everything after "3a" and insert a period

Page 100, delete lines 32 to 34

Page 101, line 7, delete the first comma and insert "or" and delete ", and prepaid"

Page 101, line 8, delete "MinnesotaCare" and delete everything after "programs" and insert "in accordance with section 256B.69, subdivision 3a"

Page 101, delete line 9

Page 101, line 10, delete "(b)"

Page 101, line 29, delete everything after the comma

Page 101, line 30, delete everything before "nothing"

Page 101, line 31, delete the comma and insert "or"

Page 101, line 32, delete ", and prepaid MinnesotaCare"

Page 101, line 33, after "programs" insert "after July 1, 1997"

Page 107, line 29, delete "1997" and insert "1996"

Page 122, lines 24 to 33, reinstate the stricken language

Page 181, line 12, delete "Section 10 is" and insert "Sections 10 and 13 are"

With the recommendation that when so amended the bill pass.

The report was adopted.

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 3137, A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies; setting fees and penalties; regulating and creating related programs and activities; amending Minnesota Statutes 1994, sections 160.85, by adding a subdivision; 168.013, subdivision 3; 168.042, subdivision 8, and by adding a subdivision; 168.12, subdivision 2; 168.123, subdivisions 1 and 4; 168.15; 168.33, by adding a subdivision; 169.121, subdivision 3; 169.82, subdivision 3; 169.871, by adding a subdivision; 169.98, subdivision 1; 171.05, by adding a subdivision; 171.07, by adding a subdivision; 171.26; and 260.173, subdivision 2; Minnesota Statutes 1995 Supplement, sections 13.69, subdivision 1; 168.16; and 171.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 168; and 299D; proposing coding for new law as Minnesota Statutes, chapter 257A.

Reported the same back with the following amendments:

Page 16, line 15, after "vehicle" insert a comma, and after "lessor" insert "and not previously registered in Minnesota or another jurisdiction"

Page 16, line 20, delete "$10" and insert "$12.50"

Pages 21 to 23, delete sections 22 and 23

Page 32, line 1, delete "must" and insert "are requested to"

Page 32, lines 1 and 2, delete "by February 1, 2000,"

Page 32, after line 6, insert:

"Sec. 39. [REPORT.]

The commissioner of public safety shall report to the legislature by January 15, 1999, on the fiscal impact of sections 15 and 16. The report must include the total amount paid in refunds and collected in fees under those sections."

Page 32, line 8, before "Sections" insert "(a)" and delete " 24 to 37" and insert "22 to 35"

Page 32, after line 12, insert:

"(b) Sections 15 and 16 are effective January 1, 1997, and are repealed June 30, 1999."

Renumber sections in sequence

Amend the title as follows:

Page 1, line 13, delete everything after the semicolon

Page 1, line 14, delete "subdivision;"

Page 1, line 16, after "1;" insert "and"

Page 1, lines 16 and 17, delete "and 171.04, subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Murphy from the Committee on Judiciary Finance to which was referred:

H. F. No. 3168, A bill for an act relating to crime; requiring state departments and agencies to enact violence prevention plans and prepare impact statements; establishing an advertising campaign designed to reduce violence and counteract the effect of violence in the media; appropriating money; amending Minnesota Statutes 1994, section 15.86, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another fund named, to the agencies and for the purposes specified in this article, to be available for the fiscal years indicated for each purpose. The figures "1996" and "1997," where used in this article, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 1996, or June 30, 1997, respectively.

1996 1997 TOTAL

General $ 564,000 $ 14,739,000$ 15,303,000

Trunk Highway 19,000 -0- 19,000

TOTAL $ 583,000 $ 14,739,000$ 15,322,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. SUPREME COURT $ -0-$ 700,000

$700,000 is for civil legal service to low-income clients. This is a one-time appropriation.

The state court administrator and board of public defense are requested to study ways to improve court appearance scheduling to maximize use of public defenders and minimize travel. The state court administrator is requested to report recommendations by January 15, 1997, to the committees on judiciary and judiciary finance in the house of representatives and the committee on crime prevention in the senate.

Sec. 3. BOARD OF JUDICIAL STANDARDS 100,000 -0-

This is a one-time appropriation.

Sec. 4. PUBLIC SAFETY

Subdivision 1. Total Appropriation 483,000 3,070,000

Summary by Fund

1996 1997

General 464,000 3,070,000

Trunk Highway19,000 -0-

$2,650,000 is for the community-oriented policing grant program and the weed and seed grant program. This sum is available until expended. This is a one-time appropriation.

$10,000 is for the antiviolence advertising campaign authorized in article 2. This is a one-time appropriation.

Subd. 2. Emergency Management

483,000 30,000

Summary by Fund

General 464,000 30,000

Trunk Highway19,000 -0-

This appropriation is to cover the state's share of costs associated with the 1995 windstorm disaster declaration. This is a one-time appropriation.

Subd. 3. Criminal Apprehension

-0- 380,000

$240,000 is to fund new special agent positions.

$40,000 is for enhancements to the domestic abuse orders for protection tracking system. This is a one-time appropriation.

$100,000 is for grants from the witness and victim protection fund described in Minnesota Statutes, section 299C.065, subdivision 1a. This is a one-time appropriation.

The superintendent of the bureau of criminal apprehension shall convene a workgroup to study and make recommendations on criminal justice information access and retention issues including processes on expungement, correction of inaccurate records, destruction of records, and other matters relating to the privacy interests of individuals. The workgroup shall also address noncriminal justice agency access to records.

The workgroup shall include representatives of the criminal and juvenile justice information policy group and task force, the supreme court implementation committee on diversity and racial fairness, the department of human services, law enforcement, prosecuting authorities, public defenders, one member of each caucus in each house, and interest and advocacy groups.

The workgroup shall report to the committee on crime prevention in the senate and the committees on judiciary and judiciary finance in the house of representatives by January 15, 1997.

Sec. 5. BOARD OF PUBLIC DEFENSE -0- 105,000

$105,000 is appropriated for the fiscal year ending June 30, 1997. Of this amount, $55,000 is to the office of the state public defender to implement duties under article 5, the community notification law. This amount shall be annualized and added to the base budget of the office of the state public defender for the 1998-1999 biennium.

Of the amount appropriated to the board of public defense in Laws 1995, chapter 226, article 1, section 10, subdivision 3, up to $100,000 in fiscal year 1996 and up to $100,000 in fiscal year 1997 may be used by the board for the operation of its management information system and administration. This transfer is effective the day following final enactment.

Sec. 6. CORRECTIONS

Subdivision 1. Total Appropriation -0- 9,914,000

Subd. 2. Structural Deficiency

$5,555,000 is to maintain the current operations of the department's correctional facilities and community services programs.

Subd. 3. Correctional Institutions

-0- 1,360,000

$500,000 is to fund the additional employer contributions associated with changes in the membership of the correctional employees retirement plan.

The copayment required under Minnesota Statutes, section 243.212, shall be $3 and shall be assessed each time medical, dental, or mental health care services are provided to an inmate at the initiation of an inmate. The copayment shall be deducted from an inmate's account of earnings and other funds as provided under Minnesota Statutes, section 243.23, subdivision 3. If the funds in an inmate's account are insufficient to pay a copayment incurred, the copayment shall be a debt against the account, and paid when funds are available.

Subd. 4. Community Services

-0- 2,995,000

$2,015,000 is for community intervention program grants authorized under Minnesota Statutes, section 241.81. Of this amount, at least $1,665,000 is for grants and up to $350,000 is for planning, coordinating, and administering grants. The commissioner or designee also shall use this planning money to conduct a survey of existing state and local crime prevention, intervention and treatment programs, and submit an inventory of these programs to the chairs of the house and senate finance committees with jurisdiction over criminal justice matters. The inventory shall briefly describe each program and its funding source and shall indicate whether the program contains outcome measures or other evaluation mechanisms. This is a one-time appropriation.

$550,000 is for grants to counties located in the seven-county metropolitan area and counties containing a city of the first class. This is a one-time appropriation. Of this amount:

(1) $150,000 is for a pilot project for family group conferencing in Dakota county and the first judicial district; and

(2) $400,000 is to create and expand programs for curfew enforcement, truancy prevention, pretrial diversion, and for juveniles who are at risk of incarceration. One-half of this amount shall be given to Ramsey county and one-half shall be divided among the other eligible counties.

Programs funded under this provision must have clearly established neighborhood, community, and family measures of success and must report to the commissioner on the achievement of these outcomes on or before June 30, 1997.

$240,000 is for the intensive juvenile monitoring pilot programs. This sum is available until expended. This is a one-time appropriation.

$190,000 is to implement duties under article 5, the community notification law.

$75,000 shall be transferred by the commissioner to the criminal justice center of the office of strategic and long-range planning for the development of a weighted workload study. The purpose of the study is to create a basis for distributing probation officer caseload reduction funding across all three probation delivery systems based on uniform workload standards and the level of risk of individual offenders. In conducting this study, the center shall consult with an advisory committee appointed for this purpose by the commissioner and consisting of representatives of county commissioners, county corrections professionals, and the department of corrections. The center also may contract with national experts in the fields of community corrections and probation to conduct or assist in conducting the study.

The center shall complete the weighted workload study by October 1, 1996, and shall present it to community corrections agencies and organizations around the state during the fall of 1996. The center shall submit the study to the legislature by February 1, 1997, and shall include in it an addendum that summarizes the response received from interested community corrections agencies and organizations.

In fiscal year 1998 and each subsequent year, subject to legislative approval, the commissioner shall distribute money appropriated for state and county probation officer caseload reduction according to this weighted caseload study.

The chairs of the house judiciary finance committee and the senate crime prevention finance division or their designees shall convene a work group to review possible measures of probation officer travel time for inclusion in the community corrections funding formula defined in article 8, section 14. The work group shall complete its review by October 30, 1996, and shall present its recommendations to the 1997 legislature.

Subd. 5. Management Services

-0- 4,000

$4,000 is for the international women's shelter in Rochester, Minnesota for the purpose of researching, preparing, and translating into appropriate languages a brochure on laws concerning violence against women and children, including, but not limited to, laws on domestic abuse, child abuse, and female genital mutilation. This is a one-time appropriation.

Notwithstanding the provisions of Laws 1995, chapter 226, article 1, section 22, the funds appropriated under Laws 1995, chapter 226, article 1, for the fiscal year ending June 30, 1997, to the department of corrections for victim services, the department of public safety for crime victim services, and the supreme court for community dispute resolution are available.

All money received by the commissioner of corrections pursuant to the domestic abuse assessment fee under Minnesota Statutes, section 609.2243 shall be available for use by the commissioner and is hereby appropriated annually to the commissioner of corrections for costs related to conducting the assessments.

The governor shall designate the department of corrections as the state agency authorized to receive and administer any funds made available through the STOP Violence Against Women Formula and Discretionary Grants Program of the United States Department of Justice under Code of Federal Regulations, title 28, chapter 1.

During the fiscal year ending June 30, 1997, whenever offenders are assigned for the purpose of work under agreement with a state department or agency, local unit of government, or other government subdivision, the state department or agency, local unit of government, or other governmental subdivision must certify in writing to the appropriate bargaining agent that the work performed by inmates will not result in the displacement of currently employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits.

Sec. 7. HUMAN SERVICES -0- 350,000

$350,000 is appropriated to the commissioner of human services for the fiscal year ending June 30, 1997, for grants under Minnesota Statutes, section 256F.11. The grants must assist private and public agencies and organizations to provide crisis nurseries to offer temporary care to children who are abused or neglected, or who are at high risk of abuse or neglect, and children who are in families receiving child protective services. Programs funded under this provision must have clearly established neighborhood, community, and family measures of success and must report to the commissioner on the achievement of these outcomes on or before June 30, 1997. This is a one-time appropriation.

Sec. 8. HEALTH -0- 200,000

$200,000 is appropriated from the general fund to the commissioner of health for the fiscal year ending June 30, 1997, for grants under Minnesota Statutes, section 145A.15. The grants must fund home visiting projects designed to prevent child abuse and neglect and reduce juvenile delinquency. Programs funded under this provision must have clearly established neighborhood, community, and family measures of success and must report to the commissioner on the achievement of these outcomes on or before June 30, 1997. This is a one-time appropriation.

Sec. 9. ECONOMIC SECURITY -0- 400,000

$400,000 is appropriated for the fiscal year ending June 30, 1997, to the commissioner of economic security to be used for grants to youth intervention programs under Minnesota Statutes, section 268.30.

One-half of the appropriation shall be used for grants to programs operating within the seven-county metropolitan area and one-half of the appropriation shall be used for programs operating outside of the seven-county metropolitan area. This is a one-time appropriation.

Section 1. [241.81] [COMMUNITY INTERVENTION PROGRAM GRANTS.]

Subdivision 1. [COMMUNITY APPLICANT.] (a) In order to qualify for a criminal justice intervention program grant from the children's cabinet, a community applicant must agree to develop or provide services for children and youth designed to encourage, expand, or enhance community alternatives for youth at risk.

(b) Community applicants are expected to have broad community representation, which may include judges, police, corrections, county attorneys, local providers, including school districts, counties, public health entities, other municipalities, existing culturally specific community organizations, family service collaboratives, local health organizations, private and nonprofit service providers, child care providers, local foundations, community-based service groups, businesses, local transit authorities, or other transportation providers, community action agencies under section 268.53, senior citizen volunteer organizations, parents, students, youth service organizations, and sectarian organizations that provide nonsectarian services.

Subd. 2. [DUTIES.] (a) Each community applicant shall:

(1) establish clear goals for addressing the needs of children and youth and use outcome-based indicators to measure progress toward achieving those goals;

(2) establish or have engaged in a comprehensive planning process that involves all sectors of the community, identifies local needs, and surveys existing local programs; and

(3) design or implement an integrated local community program that coordinates services across agencies and is client centered.

(b) The outcome-based indicators developed in paragraph (a), clause (1), may include apprehensions of children, violent crimes reported, and the rate of violent and injury-related deaths.

Subd. 3. [PROGRAM ELEMENTS.] A community applicant shall design or implement a program that gives priority to:

(1) juvenile restitution;

(2) prearrest or pretrial diversion;

(3) probation innovation;

(4) teen courts;

(5) community service;

(6) truancy prevention;

(7) curfew enforcement; or

(8) postincarceration alternatives to assist youth in returning to their communities.

Subd. 4. [LOCAL PLANS.] Each community applicant shall prepare a plan. The plan shall describe how the community applicant will carry out the duties required under this section. The plan shall include a list of the community participants, a copy of the agreement required under subdivision 1, and methods for increasing local participation in the program, involving parents and other community members in implementing and operating the program. The plan shall also include specific goals that the community intends to achieve and methods for objectively measuring progress toward meeting the goals.

Subd. 5. [PLAN APPROVAL BY CHILDREN'S CABINET.] (a) The children's cabinet established under section 4.045 shall approve local plans for community justice intervention programs. In approving local plans, the children's cabinet shall give highest priority to a plan that provides:

(1) services for children under 14 years of age;

(2) participation by the maximum number of public and private, local, county, and state funding sources; and

(3) clearly defined outcomes and valid methods of assessment.

(b) The children's cabinet shall ensure that the programs funded under this section do not conflict with any state or federal policy or program and do not negatively impact future state budgets.

Subd. 6. [GRANTS.] The children's cabinet may make grants to community applicants to fund criminal justice intervention programs as described in subdivision 4. The children's cabinet shall develop a grant application form, inform criminal justice, social service, and other groups described in subdivision 2, paragraph (b), about the availability of grants, and set a date by which applications must be received by the cabinet.

Subd. 7. [FUNDS.] The amount of grant money available shall be apportioned on a county population basis. Funds not applied for shall be reallocated to the applicants, for technical amendments, or for evaluations at the commissioner of corrections' discretion.

Subd. 8. [RECEIPT OF FUNDS.] The commissioner may receive and administer public and private funds for the purposes of this section.

Sec. 2. [299A.281] [SAFE HOUSE PROGRAM IN FERGUS FALLS.]

Notwithstanding section 299A.28, another similar safe house program, primarily focusing on the safety and protection of children, may be developed and operate in the city of Fergus Falls if the program members have completed a criminal background check satisfactory to the Fergus Falls police department. However, the commissioner of public safety is not required to perform the duties listed under 299A.28, subdivision 2, with respect to the program in Fergus Falls and is not accountable or liable for any act or failure to act by a member of that program.

Sec. 3. [299A.62] [COMMUNITY-ORIENTED POLICING (COPS) GRANT PROGRAM.]

Subdivision 1. [PROGRAM ESTABLISHED.] A community-oriented policing grant program is established under the administration of the commissioner of public safety. Grants may be awarded as provided in subdivision 2 for the following purposes:

(1) to enable local law enforcement agencies to hire law enforcement officers. The grants must be used by law enforcement agencies to increase the complement of officers in the agency by paying the salaries of new officers who replace an existing officer who has been reassigned primarily to investigate and prevent juvenile crime or to perform community-oriented policing duties;

(2) to expand community policing efforts, including neighborhood block clubs and innovative community-based crime watch programs; and

(3) to enable local law enforcement agencies in the seven-county metropolitan area to assign overtime officers to high crime areas within their jurisdictions for the purpose of vigorously enforcing curfew and truancy laws, initiating street contacts, checking for outstanding warrants, generating intelligence information on suspected drug dealers and gang members, and arresting criminal law violators.

Subd. 2. [AWARDING GRANTS.] Grants under this section shall be awarded by a committee consisting of the commissioner, the attorney general, and a representative from each of the following groups: the Minnesota chiefs of police association, the Minnesota sheriffs association, and the Minnesota police and peace officers association. A grant under subdivision 1, clause (1), may be awarded only to a law enforcement agency that demonstrates in its application that it currently has a need for an additional officer to be assigned to: (i) community-oriented policing duties; or (ii) the investigation and prevention of juvenile crime, based on the juvenile crime rate in the area over which the agency has jurisdiction. More than one grant under subdivision 1, clause (1), may be awarded to an agency; however, each grant may fund only one position.

Subd. 3. [AMOUNT OF GRANTS TO HIRE OFFICERS.] A grant awarded under subdivision 1, clause (1), must reimburse up to 150 percent of the entry level salary and benefits of a law enforcement officer, not to exceed $75,000. However, the money may not be used to pay for equipment or uniforms for the officer. The grant is intended to be used for the salary of the officer over a three-year period.

Subd. 4. [CONDITIONS OF GRANTS TO HIRE OFFICERS.] Grant recipients who receive grants under subdivision 1, clause (1), shall continue to employ a law enforcement officer hired with money granted under this section for at least a three-year period. If for any reason during the three-year period the employment relationship ends, the agency shall hire an additional officer so that the total number of officers employed by the agency does not change. A law enforcement agency that fails to comply with this subdivision shall reimburse the commissioner as follows:

(1) if the failure occurs during the first year, the agency shall reimburse the full amount of the grant;

(2) if the failure occurs during the second year, the agency shall reimburse two-thirds of the grant; or

(3) if the failure occurs during the third year but prior to the three-year anniversary of the officer's hiring, the agency shall reimburse one-third of the grant.

The commissioner shall deposit the reimbursement in the state treasury and credit it to the general fund.

Sec. 4. Minnesota Statutes 1994, section 268.30, subdivision 2, is amended to read:

Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid shall be made by the administering agency to the commissioner. The grant-in-aid is contingent upon the agency having obtained from the community in which the youth intervention program is established local matching money two times the amount of the grant that is sought.

The commissioner shall provide by rule the application form, procedures for making application form, criteria for review of the application, and kinds of contributions in addition to cash that qualify as local matching money. No grant to any agency shall may exceed $25,000 $50,000.

Sec. 5. [WEED AND SEED GRANT PROGRAM.]

Subdivision 1. [ESTABLISHMENT.] A grant program is established under the administration of the commissioner of public safety to assist local communities in their efforts to eradicate violent crime, illegal drug activity, and illegal gang activity in targeted neighborhoods, and to revitalize these targeted neighborhoods economically and physically.

Subd. 2. [WEED AND SEED COORDINATING COMMITTEE.] The weed and seed coordinating committee consists of the attorney general, the commissioner of public safety, and a representative from each of the following groups: the Minnesota chiefs of police association, the Minnesota sheriffs association, and the Minnesota police and peace officers association. The coordinating committee is responsible for receiving applications for grants and awarding grants under this section. The commissioner of public safety shall act as the fiscal agent for the grant program.

Subd. 3. [GRANT PROCESS.] A law enforcement agency may apply for a grant under this section by submitting an application to the coordinating committee on a form prescribed by the weed and seed coordinating committee. The application shall:

(1) identify the target neighborhood or neighborhoods within the city that have been proposed by the city's police chief as a weed and seed site;

(2) describe the problems to be corrected within the targeted neighborhoods and the strengths that make the targeted neighborhoods suitable candidates for weed and seed funding; and

(3) contain the city's plan for use of the grant funds. This plan must be prepared in conjunction with members of the targeted neighborhoods, must describe the specific law enforcement, community policing, prevention, intervention, treatment, and neighborhood revitalization activities that the city intends to undertake, and must include a reporting and evaluation component.

Subd. 4. [PURPOSES OF GRANTS.] Grants awarded under this section may be used for programs that assist:

(1) in revitalizing targeted neighborhoods economically and physically;

(2) in establishing other community-based crime prevention programs that are innovative and encourage substantial involvement by members of the community served by the program;

(3) law enforcement agencies in efforts to eradicate violent crime and illegal drug activity and to target and apprehend criminals in targeted neighborhoods; and

(4) in establishing community-based programs designed to intervene with juvenile offenders who are identified as likely to engage in repeated criminal activity in the future unless intervention is undertaken.

Subd. 5. [ATTORNEY GENERAL DUTIES.] (a) At the request of the local prosecuting authority, the attorney general may assist cities and local law enforcement officials in developing and implementing anticrime and neighborhood revitalization strategies and may assist local prosecutors in prosecuting crimes occurring in the targeted neighborhoods that receive funding under this section. Upon request of the local prosecuting authority, the attorney general may appear in court in those civil and criminal cases arising out of targeted neighborhoods that the attorney general deems appropriate. In addition, for the purposes of this section, the attorney general may appear in court in cases involving nuisances under Minnesota Statutes, chapter 617, and misdemeanors under Minnesota Statutes, chapter 609.

(b) The attorney general shall develop appropriate grant applications to the United States Department of Justice for federal weed and seed grants for use in conjunction with grants awarded under this section.

Sec. 6. [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.]

(a) The commissioner of corrections shall establish at least four two-year pilot programs to provide intensive monitoring in the community for juveniles who have committed or are at risk to commit status offenses or delinquent acts. A juvenile need not be adjudicated for an offense to be eligible for the program. The pilot programs shall employ qualified college and graduate students who are majoring in relevant disciplines to supervise and monitor juveniles referred to or placed in the program by peace officers, juvenile courts, and juvenile probation officers.

(b) The commissioner shall collaborate with appropriate faculty members and administrators at the University of Minnesota, the state universities, and private colleges and universities to establish general eligibility criteria for college and graduate students to participate in the program and to specify the various ways by which students will be compensated for their participation including, but not limited to, monetary compensation and academic credits.

(c) The commissioner also shall collaborate with higher education experts, community corrections agencies, law enforcement agencies, and juvenile court judges to:

(1) establish general eligibility criteria for juveniles to be referred to or placed in the program;

(2) establish maximum caseloads for students, based on their experience and knowledge and on the characteristics of the juveniles to be supervised;

(3) specify the types of supervision and monitoring the college and graduate students will be expected to provide to the juveniles;

(4) specify the manner in which the students' work will be monitored and evaluated by relevant criminal justice and higher education professionals; and

(5) establish neighborhood, community, and family measures of success of the programs.

(d) At the end of the pilot programs, the commissioner of corrections shall report on the achievement of the outcomes established in paragraph (c), and on other findings and recommendations to the chairs of the house and senate committees with jurisdiction over criminal justice and higher education issues.

Sec. 7. [PILOT PROJECT FOR FAMILY GROUP CONFERENCING IN DAKOTA COUNTY.]

Subdivision 1. [PILOT PROJECT ESTABLISHED.] By July 1, 1996, the commissioner of corrections shall establish a pilot project in Dakota county to provide assistance to counties, school districts, and cities in establishing family group conferencing programs. The pilot project must be administered by a coordinator responsible for supervising and implementing the project. The coordinator shall cooperate with and provide necessary assistance and training to county attorneys, local law enforcement agencies, school districts, and community groups in establishing family group conferencing programs under subdivision 2.

Subd. 2. [FAMILY GROUP CONFERENCING PROGRAMS.] A county attorney, school district, or city in Dakota county, in consultation with the coordinator and local law enforcement agencies, may establish a family group conferencing program. The program may provide forums where, as an alternative to prosecution, certain individuals accused of having committed crimes meet with the victim or victims of the alleged crime; family members of the victim or victims, if appropriate; family members of the offender, if appropriate; a law enforcement official or prosecutor; and members of the community. An individual properly trained in moderating a family group conference shall act as moderator of the conference. The conference must focus on the impact of the offense on the victim and the community and assign an appropriate sanction to the offender. An appropriate sanction may include reparation to the victim or community, specified community service, or other sanction agreed upon during the conference.

Subd. 3. [CONFERENCE PARAMETERS.] A county or city attorney, in consultation with the coordinator and local law enforcement agencies, shall establish parameters for the conferences. The parameters must specify the types of offenders and offenses eligible for the conferences and the nature and goals of the conferences. Only certain offenders deemed appropriate by the county attorney are eligible for the conferences. Decisions on eligibility shall be based on the criminal history of the offender, the nature of the offense, the danger posed by the offender to the victim and the community, and the best interests of the victim and community. Participation in the conference is voluntary, no offender or victim may be required to participate in a conference. A decision to prosecute an offender who has refused to participate in a conference may not be considered in determining the voluntariness of an offender's decision to participate.

A prosecutor who offers an offender the opportunity to participate in a conference retains the authority to prosecute the offender if the offender refuses to participate in the conference, chooses not to complete the conference, or fails to comply with sanctions imposed at the conference.

Subd. 4. [GRANTS AUTHORIZED.] The commissioner of corrections, in consultation with the coordinator, may award grants to aid in the establishment and implementation of family group conferencing programs in Dakota county. The commissioner shall establish the criteria and procedure for the grants and shall require that any entity awarded a grant to establish a program have clearly established neighborhood, community, and family measures of success of the program and report to the commissioner on the achievement of these outcomes on or before December 31, 1998.

Subd. 5. [REPORT REQUIRED.] By January 15, 1999, the commissioner of corrections shall report to the chairs of the senate and house of representatives committees having jurisdiction over criminal justice policy on the effectiveness of the pilot project and any family group conferencing programs created under this section and the awarding of grants, if any, under subdivision 4.

Sec. 8. [ADVERTISING CAMPAIGN.]

The commissioner of public safety is authorized to contract with an advertising firm for a public advertising campaign designed to reduce violence and counteract the effect of violence in the media. The contracts for advertising must include provisions for evaluating the effectiveness of the campaign.

Section 1. Minnesota Statutes 1994, section 169.791, subdivision 2a, is amended to read:

Subd. 2a. [LATER PRODUCTION OF PROOF BY DRIVER WHO IS OWNER.] A driver who is the owner of the vehicle may, within ten days after the demand no later than the date and time specified in the citation for the driver's first court appearance, produce proof of insurance stating that security had been provided for the vehicle that was

being operated at the time of the demand to the court administrator. The required proof of insurance may be sent by mail by the driver as long as it is received within ten days no later than the date and time specified in the citation for the driver's first court appearance. If a citation is issued, no person shall be convicted of violating this section if the court administrator receives the required proof of insurance within ten days of the issuance of the citation no later than the date and time specified in the citation for the driver's first court appearance. If the charge is made other than by citation, no person shall be convicted of violating this section if the person presents the required proof of insurance at the person's first court appearance after the charge is made.

Sec. 2. Minnesota Statutes 1994, section 169.791, subdivision 3, is amended to read:

Subd. 3. [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS NOT OWNER.] If the driver is not the owner of the vehicle, the driver shall, within ten days of the officer's demand no later than the date and time specified in the citation for the driver's first court appearance, provide the district court administrator with proof of insurance or the name and address of the owner. Upon receipt of the name and address of the owner, the district court administrator shall communicate the information to the law enforcement agency.

Sec. 3. Minnesota Statutes 1994, section 169.791, subdivision 4, is amended to read:

Subd. 4. [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the driver is not the owner of the vehicle, the officer may send or provide a notice to the owner of the vehicle requiring the owner to produce proof of insurance for the vehicle that was being operated at the time of the demand. Notice by mail is presumed to be received five days after mailing and shall be sent to the owner's current address or the address listed on the owner's driver's license. Within ten days after receipt of the notice, the owner shall produce the required proof of insurance to the place stated in the notice received by the owner. The required proof of insurance may be sent by mail by the owner as long as it is received within ten days. Any owner who fails to produce proof of insurance within ten days of an officer's request under this subdivision is guilty of a misdemeanor. The peace officer may mail the citation to the owner's current address or address stated on the owner's driver's license. It is an affirmative defense to a charge against the owner that the driver used the owner's vehicle without consent, if insurance would not have been required in the absence of the unauthorized use by the driver. It is not a defense that a person failed to notify the department of public safety of a change of name or address as required under section 171.11. The citation may be sent after the ten-day period.

Sec. 4. Minnesota Statutes 1994, section 169.792, subdivision 1, is amended to read:

Subdivision 1. [IMPLIED CONSENT.] Any driver or owner of a vehicle consents, subject to the provisions of this section and section 169.791, to the requirement of having possession of proof of insurance, and to the revocation of the person's license if the driver or owner does not produce the required proof of insurance within ten days of an officer's demand no later than the date and time specified in the citation for the driver's first court appearance, if a citation is issued, or within ten days of receipt of a written notice, if a written notice is sent or given. Any driver of a vehicle who is not the owner of the vehicle consents, subject to the provisions of this section and section 169.791, to providing to the officer the name and address of the owner of the vehicle.

Sec. 5. Minnesota Statutes 1994, section 169.792, subdivision 2, is amended to read:

Subd. 2. [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.] Except as provided in subdivision 3, every driver of a vehicle shall, within ten days after upon the demand of a peace officer, produce proof of insurance in force for the vehicle that was being operated at the time of the demand, to the district court administrator no later than the date and time specified in the citation for the driver's first court appearance. The required proof of insurance may be sent by the driver by mail as long as it is received within ten days no later than the date and time specified in the citation for the driver's first court appearance. A driver who is not the owner does not violate this section unless the driver knew or had reason to know that the owner did not have proof of insurance required by this section, provided that the driver provides the officer with the owner's name and address at the time of the demand or complies with subdivision 3.

Sec. 6. Minnesota Statutes 1994, section 169.792, subdivision 3, is amended to read:

Subd. 3. [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the driver is not the owner of the vehicle, then the driver shall provide the officer with the name and address of the owner at the time of the demand or shall within ten days of the officer's demand, no later than the date and time specified in the citation for the driver's first court appearance, provide the district court administrator with proof of insurance or the name and address of the owner.

Upon receipt of the owner's name and address, the district court administrator shall forward the information to the law enforcement agency. If the name and address received from the driver do not match information available to the district court administrator, the district court administrator shall notify the law enforcement agency of the discrepancy.

Sec. 7. Minnesota Statutes 1994, section 169.792, subdivision 5, is amended to read:

Subd. 5. [WRITTEN NOTICE.] (a) When proof of insurance is demanded and none is in possession, the law enforcement agency may send or give the driver written notice as provided herein in this subdivision, unless the officer issues a citation to the driver under section 169.791 or 169.797. If the driver is not the owner and does not produce the required proof of insurance within ten days of the demand, the law enforcement agency may send or give written notice to the owner of the vehicle.

(b) Within ten days after receipt of the notice, if given, the driver or owner shall produce the required proof of insurance to the place stated in the notice. Notice to the driver or owner by mail is presumed to be received within five days after mailing. It is not a defense that a person failed to notify the department of public safety of a change of name or address as required under section 171.11.

(c) The department of public safety shall prescribe a form setting forth the written notice to be provided to the driver or owner. The department shall, upon request, provide a sample of the form to any law enforcement agency. The notice shall provide that the driver or owner must produce the proof of insurance to the law enforcement agency, at the place specified in the notice. The notice shall also state:

(1) that Minnesota law requires every driver and owner to produce an insurance identification card, insurance policy, or written statement indicating that the vehicle had insurance at the time of an officer's demand within ten days of the demand, no later than the date and time specified in the citation for the driver's first court appearance, if a citation is issued, or within ten days of receipt of the written notice if a written notice is sent or given, provided, however, that a driver who does not own the vehicle shall provide the name and address of the owner;

(2) that if the driver fails to produce the information within ten days from the date of demand the required time or if the owner fails to produce the information within ten days of receipt of the notice from the peace officer, the commissioner of public safety shall revoke the person's driver's license or permit to drive for a minimum of 30 days, and shall revoke the registration of the vehicle;

(3) that any person who displays or causes another to display an insurance identification card, insurance policy, or written statement, knowing that the insurance is not in force, is guilty of a misdemeanor; and

(4) that any person who alters or makes a fictitious identification card, insurance policy, or written statement, or knowingly displays an altered or fictitious identification card, insurance policy, or written statement, is guilty of a misdemeanor.

Sec. 8. Minnesota Statutes 1994, section 169.792, subdivision 6, is amended to read:

Subd. 6. [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a driver fails to produce the required proof of insurance or name and address of the owner within ten days of the demand no later than the date and time specified in the citation for the driver's first court appearance, the district court administrator shall report the failure to the commissioner. If an owner who is not the driver fails to produce the required proof of insurance, or if a driver to whom a citation has not been issued does not provide proof of insurance or the owner's name and address, within ten days of receipt of the notice, the law enforcement agency shall report the failure to the commissioner. Failure to produce proof of insurance or the owner's name and address as required by this section must be reported to the commissioner promptly regardless of the status or disposition of any related criminal charges.

Sec. 9. [171.174] [SUSPENSION; FLEEING PEACE OFFICER IN MOTOR VEHICLE.]

The commissioner of public safety shall suspend the driver's license of a person charged with fleeing a peace officer under section 609.487 if the court has notified the commissioner under subdivision 5 of that section. The suspension shall continue until the charge is adjudicated. A limited license under section 171.30 may be issued only upon recommendation of the court.

Sec. 10. [171.175] [REVOCATION; FLEEING PEACE OFFICER OFFENSE.]

The commissioner of public safety shall revoke the driver's license of a person upon receipt of a certificate of conviction showing that the person has in a motor vehicle violated section 609.487, subdivision 3 or 4, or an ordinance in conformity with those subdivisions. The commissioner shall revoke the driver's license as follows:

(1) for the first offense under section 609.487, subdivision 3, for not less than one year;

(2) for the second offense or subsequent offenses under section 609.487, subdivision 3, for not less than three years;

(3) for an offense under section 609.487, subdivision 4, clause (a), for not less than ten years;

(4) for an offense under section 609.487, subdivision 4, clause (b), for not less than seven years; and

(5) for an offense under section 609.487, subdivision 4, clause (c), for not less than five years.

A limited license under section 171.30 may not be issued for one-half of the revocation period specified in clauses (1) to (5) and after that period is over only upon and as recommended by the adjudicating court.

Sec. 11. Minnesota Statutes 1994, section 244.09, subdivision 5, is amended to read:

Subd. 5. The commission shall, on or before January 1, 1980, promulgate sentencing guidelines for the district court. The guidelines shall be based on reasonable offense and offender characteristics. The guidelines promulgated by the commission shall be advisory to the district court and shall establish:

(1) The circumstances under which imprisonment of an offender is proper; and

(2) A presumptive, fixed sentence for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics. The guidelines may provide for an increase or decrease of up to 15 percent in the presumptive, fixed sentence.

The sentencing guidelines promulgated by the commission may also establish appropriate sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated by the commission establishing sanctions for offenders for whom imprisonment is not proper shall make specific reference to noninstitutional sanctions, including but not limited to the following: payment of fines, day fines, restitution, community work orders, work release programs in local facilities, community based residential and nonresidential programs, incarceration in a local correctional facility, and probation and the conditions thereof.

In establishing and modifying the sentencing guidelines, the primary consideration of the commission shall be public safety. The commission shall also consider current sentencing and release practices and; correctional resources, including but not limited to the capacities of local and state correctional facilities; and the adverse social and economic impacts that the offense and the fear of future offenses have or may have on the community in which the offense occurs.

The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the sentencing guidelines, and the sentencing guidelines, including severity levels and criminal history scores, are not subject to review by the legislative commission to review administrative rules. However, on or before January 1, 1986, the commission shall adopt rules pursuant to sections 14.001 to 14.69 which establish procedures for the promulgation of the sentencing guidelines, including procedures for the promulgation of severity levels and criminal history scores, and these rules shall be subject to review by the legislative commission to review administrative rules.

Sec. 12. Minnesota Statutes 1995 Supplement, section 256.98, subdivision 1, is amended to read:

Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person who commits any of the following acts or omissions is guilty of theft and shall be sentenced pursuant to section 609.52, subdivision 3, clauses (1), (2), (3), and (5):

(1) obtains, or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, by intentional concealment of a material fact, or by impersonation or other fraudulent device, assistance or the continued receipt of assistance to which the person is not entitled or assistance greater than that to which the person is entitled, or who;

(2) knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency with intent to defeat the purposes of sections 256.12, 256.031 to 256.0361, 256.72 to 256.871, and chapter 256B, or all of these sections is guilty of theft and shall be sentenced pursuant to section 609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and (5).; or

(3) knowingly fails to report a change or anticipated change in circumstances as required by Minnesota Rules, part 9500.2700, subpart 7, and continues to receive assistance to which the person is not entitled or assistance greater than that to which the person is entitled.

The continued receipt of assistance to which the person is not entitled or greater than that to which the person is entitled as a result of any of the acts described in this subdivision shall be deemed to be continuing offenses from the date that the first act or failure to act occurred.

Sec. 13. Minnesota Statutes 1995 Supplement, section 609.20, is amended to read:

609.20 [MANSLAUGHTER IN THE FIRST DEGREE.]

Whoever does any of the following is guilty of manslaughter in the first degree 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:

(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.

Sec. 14. Minnesota Statutes 1994, section 609.2231, subdivision 2, is amended to read:

Subd. 2. [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.] Whoever assaults any of the following persons and inflicts demonstrable bodily harm is guilty of a gross misdemeanor felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:

(1) a member of a municipal or volunteer fire department or emergency medical services personnel unit in the performance of the member's duties; or

(2) a physician, nurse, or other person providing health care services in a hospital emergency department; or

(3) an employee of the department of natural resources who is engaged in forest fire activities.

Sec. 15. Minnesota Statutes 1994, section 609.2231, is amended by adding a subdivision to read:

Subd. 2a. [CERTAIN DEPARTMENT OF NATURAL RESOURCES EMPLOYEES.] Whoever assaults and inflicts demonstrable bodily harm on an employee of the department of natural resources who is engaged in forest fire activities is guilty of a gross misdemeanor.

Sec. 16. [609.2243] [SENTENCING; REPEAT DOMESTIC ASSAULT.]

Subdivision 1. [GROSS MISDEMEANOR.] A person convicted of gross misdemeanor domestic assault under section 609.2242, subdivision 2, shall be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively. The court may stay execution of the minimum sentence required under this subdivision on the condition that the person sentenced complete anger therapy or counseling and fulfill any other condition, as ordered by the court; provided, however, that the court shall revoke the stay of execution and direct the person to be taken into immediate custody if it appears that the person failed to attend or complete the ordered therapy or counseling, or violated any other condition of the stay of execution. If the court finds at the revocation hearing required under section 609.14, subdivision 2, that the person failed to attend or complete the ordered therapy, or violated any other condition of the stay of execution, the court shall order execution of the sentence previously imposed.

Subd. 2. [FELONY.] (a) Except as otherwise provided in paragraph (b), in determining an appropriate disposition for felony domestic assault under section 609.2242, subdivision 4, the court shall presume that a stay of execution with at least a 45-day period of incarceration as a condition of probation shall be imposed. If the court imposes a stay of execution with a period of incarceration as a condition of probation, at least 15 days must be served consecutively.

(b) If the defendant's criminal history score, determined according to the sentencing guidelines, indicates a presumptive executed sentence, that sentence shall be imposed unless the court departs from the sentencing guidelines pursuant to section 244.10. A stay of imposition of sentence under this paragraph may be granted only if accompanied by a statement on the record of the reasons for it.

Sec. 17. [609.2244] [DOMESTIC ABUSE ASSESSMENTS.]

Subdivision 1. [DOMESTIC ABUSE ASSESSMENT.] A domestic abuse assessment must be conducted and an assessment report submitted to the court by the county agency responsible for administering the assessment when:

(1) a defendant is convicted of an offense described in section 518B.01, subdivision 2; or

(2) a defendant is arrested for committing an offense described in section 518B.01, subdivision 2, but is convicted of another offense arising out of the same circumstances surrounding the arrest.

Subd. 2. [REPORT.] (a) The assessment report must contain an evaluation of the convicted defendant including the circumstances of the offense, impact on the victim, the defendant's prior record, characteristics and history of alcohol and chemical use problems, and amenability to domestic abuse counseling programs. The report is classified as private data on individuals as defined in section 13.02, subdivision 12.

(b) The assessment report must include:

(1) a recommendation on any limitations on contact with the victim;

(2) a recommendation for the defendant to enter and successfully complete domestic abuse counseling and any aftercare found necessary by the assessment;

(3) a recommendation for chemical dependency evaluation and treatment as determined by the evaluation whenever alcohol or drugs were found to be a contributing factor to the offense;

(4) recommendations for other appropriate remedial action or care, which may consist of educational programs, one-on-one counseling, a program or type of treatment that addresses mental health concerns, or a specific explanation why no level of care or action is recommended; and

(5) consequences for failure to abide by conditions set up by the court.

Subd. 3. [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME LIMITS.] A domestic abuse assessment required by this section must be conducted by an assessor approved by the court, the local corrections department, or the commissioner of corrections. The assessor shall have access to any police reports, or other law enforcement data relating to the current offense or previous offenses that are necessary to complete the evaluation. An assessor providing an assessment under this section may not have any direct or shared financial interest or referral relationship resulting in shared financial gain with a treatment provider. An appointment for the defendant to undergo the

assessment shall be made by the court, a court services probation officer, or court administrator as soon as possible but in no case more than one week after the defendant's court appearance. The assessment must be completed no later than three weeks after the defendant's court date.

Subd. 4. [DOMESTIC ABUSE ASSESSMENT FEE.] When the court sentences a person convicted of an offense described in section 518B.01, subdivision 2, the court shall impose a domestic abuse assessment fee of $125. This fee must be imposed whether the sentence is executed, stayed, or suspended. The court may not waive payment or authorize payment of the fee in installments unless it makes written findings on the record that the convicted person is indigent or that the fee would create undue hardship for the convicted person or that person's immediate family. The person convicted of the offense and ordered to pay the fee shall pay the fee to the county corrections department or other designated agencies conducting the assessment.

Sec. 18. [609.2246] [TATTOOS; MINORS.]

Subdivision 1. [REQUIREMENTS.] No person under the age of 16 may receive a tattoo. A person age 16 or 17 may receive a tattoo if the person provides written parental consent. The consent must include both the custodial and noncustodial parent, where applicable.

Subd. 2. [DEFINITION.] For the purposes of this section, "tattoo" means an indelible mark or figure fixed on the body by insertion of pigment under the skin or by production of scars.

Subd. 3. [PENALTY.] A person who provides a tattoo to a minor in violation of this section is guilty of a misdemeanor.

Sec. 19. Minnesota Statutes 1995 Supplement, section 609.3451, subdivision 1, is amended to read:

Subdivision 1. [CRIME DEFINED.] A person is guilty of criminal sexual conduct in the fifth degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.

For purposes of this section, "sexual contact" has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i) and (iv), but does not include the intentional touching of the clothing covering the immediate area of the buttocks. Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.

Sec. 20. Minnesota Statutes 1994, section 609.3451, is amended by adding a subdivision to read:

Subd. 3. [FELONY.] A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates subdivision 1, clause (2), after having been previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2); section 617.23, paragraph (b), clause (1); or a statute from another state in conformity with subdivision 1, clause (2), or section 617.23, paragraph (b), clause (1).

Sec. 21. Minnesota Statutes 1995 Supplement, section 609.485, subdivision 2, is amended to read:

Subd. 2. [ACTS PROHIBITED.] Whoever does any of the following may be sentenced as provided in subdivision 4:

(1) escapes while held in lawful custody on a charge or conviction of a crime, or while held in lawful custody on an allegation or adjudication of a delinquent act while 18 years of age;

(2) transfers to another, who is in lawful custody on a charge or conviction of a crime, or introduces into an institution in which the latter is confined, anything usable in making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or conviction of a crime, intentionally permits the other to escape;

(4) escapes while in a facility designated under section 253B.18, subdivision 1, pursuant to a court commitment order after a finding of not guilty by reason of mental illness or mental deficiency of a crime against the person, as defined in section 253B.02, subdivision 4a. Notwithstanding section 609.17, no person may be charged with or convicted of an attempt to commit a violation of this clause; or

(5) escapes while in a facility designated under section 253B.18, subdivision 1, pursuant to a court commitment order under section 253B.185 or 526.10.

For purposes of clause (1), "escapes while held in lawful custody" includes absconding from electronic monitoring or absconding after removing an electronic monitoring device from the person's body.

Sec. 22. Minnesota Statutes 1995 Supplement, section 609.485, subdivision 4, is amended to read:

Subd. 4. [SENTENCE.] (a) Except as otherwise provided in subdivision 3a, whoever violates this section may be sentenced as follows:

(1) if the person who escapes is in lawful custody on a charge or conviction of a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a finding of not guilty by reason of mental illness or mental deficiency of a crime against the person, as defined in section 253B.02, subdivision 4a, or pursuant to a court commitment order under section 253B.185 or 526.10, to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both; or

(3) if such charge or conviction is for a gross misdemeanor or misdemeanor, or if the person who escapes is in lawful custody on an allegation or adjudication of a delinquent act while 18 years of age, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was effected by violence or threat of violence against a person, the sentence may be increased to not more than twice those permitted in paragraph (a), clauses (1) and (3).

(c) Unless a concurrent term is specified by the court, a sentence under this section shall be consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when the person escaped.

(d) Notwithstanding paragraph (c), if a person who was committed to the commissioner of corrections under section 260.185 escapes from the custody of the commissioner while 18 years of age, the person's sentence under this section shall commence on the person's 19th birthday or on the person's date of discharge by the commissioner of corrections, whichever occurs first. However, if the person described in this clause is convicted under this section after becoming 19 years old and after having been discharged by the commissioner, the person's sentence shall commence upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an allegation or adjudication of a delinquent act while 18 years of age escapes from a local juvenile correctional facility, the person's sentence under this section begins on the person's 19th birthday or on the person's date of discharge from the jurisdiction of the juvenile court, whichever occurs first. However, if the person described in this paragraph is convicted after becoming 19 years old and after discharge from the jurisdiction of the juvenile court, the person's sentence begins upon imposition by the sentencing court.

Sec. 23. Minnesota Statutes 1994, section 609.487, is amended by adding a subdivision to read:

Subd. 5. [SUSPENSION; FLEEING PEACE OFFICER OFFENSE.] When a person is charged with operating a motor vehicle in violation of subdivision 3 or 4, or any ordinance in conformity with those subdivisions, the court shall notify the commissioner of public safety and order the commissioner to suspend the driver's license of the person for all vehicle classes.

Sec. 24. Minnesota Statutes 1994, section 609.487, is amended by adding a subdivision to read:

Subd. 6. [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When a person is convicted of operating a motor vehicle in violation of subdivision 3 or 4, or an ordinance in conformity with those subdivisions, the court shall notify the commissioner of public safety and order the commissioner to revoke the driver's license of the person.

Sec. 25. Minnesota Statutes 1995 Supplement, section 609.52, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] In this section:

(1) "Property" means all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any trade secret represented by the article.

(2) "Movable property" is property whose physical location can be changed, including without limitation things growing on, affixed to, or found in land.

(3) "Value" means the retail market value at the time of the theft, or if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft, or in the case of a theft or the making of a copy of an article representing a trade secret, where the retail market value or replacement cost cannot be ascertained, any reasonable value representing the damage to the owner which the owner has suffered by reason of losing an advantage over those who do not know of or use the trade secret. For a check, draft, or other order for the payment of money, "value" means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order. For a theft committed within the meaning of subdivision 2, clause (5), (a) and (b), if the property has been restored to the owner, "value" means the value of the use of the property or the damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not exceeding the value otherwise provided herein.

(4) "Article" means any object, material, device or substance, including any writing, record, recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map, or any copy of any of the foregoing.

(5) "Representing" means describing, depicting, containing, constituting, reflecting or recording.

(6) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing, or sketch made of or from an article while in the presence of the article.

(8) "Property of another" includes property in which the actor is coowner or has a lien, pledge, bailment, or lease or other subordinate interest, property transferred by the actor in circumstances which are known to the actor and which make the transfer fraudulent as defined in section 513.44, and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife. It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, setoff, or counterclaim.

(9) "Services" include but are not limited to labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment services, advertising services, telecommunication services, and the supplying of equipment for use.

(10) "Motor vehicle" means a self-propelled device for moving persons or property or pulling implements from one place to another, whether the device is operated on land, rails, water, or in the air.

Sec. 26. Minnesota Statutes 1994, section 609.52, subdivision 2, is amended to read:

Subd. 2. [ACTS CONSTITUTING THEFT.] Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:

(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property; or

(2) having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property; or

(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes without limitation:

(a) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or

(b) a promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or

(c) the preparation or filing of a claim for reimbursement, a rate application, or a cost report used to establish a rate or claim for payment for medical care provided to a recipient of medical assistance under chapter 256B, which intentionally and falsely states the costs of or actual services provided by a vendor of medical care; or

(d) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 which intentionally and falsely states the costs of or actual treatment or supplies provided; or

(e) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 for treatment or supplies that the provider knew were medically unnecessary, inappropriate, or excessive; or

(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or

(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:

(a) the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; or

(b) the actor pledges or otherwise attempts to subject the property to an adverse claim; or

(c) the actor intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation; or

(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder's own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner; or

(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or

(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor's own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or

(9) leases or rents personal property under a written instrument and who with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof, or any lessee of the property who sells, conveys, or encumbers the property or any part thereof without the written consent of the

lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease and with intent to deprive the lessor of possession thereof. Evidence that a lessee used a false or fictitious name or address in obtaining the property or fails or refuses to return the property to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or

(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or

(11) with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer's identification number on personal property or possesses, sells or buys any personal property with knowledge knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer's identification number has been removed or altered; or

(12) intentionally deprives another of a lawful charge for cable television service by:

(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection, or by

(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law Number 94-553, section 107; or

(13) except as provided in paragraphs (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or

(14) intentionally deprives another of a lawful charge for telecommunications service by:

(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or

(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237.

The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:

(i) made or was aware of the connection; and

(ii) was aware that the connection was unauthorized; or

(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation; or

(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or

(17) intentionally takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner.

Sec. 27. Minnesota Statutes 1994, section 609.583, is amended to read:

609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.]

Except as provided in section 609.582, subdivision 1a, in determining an appropriate disposition for a first offense of burglary of a dwelling, the court shall presume that a stay of execution with at least a 90-day period of incarceration as a condition of probation shall be imposed unless the defendant's criminal history score determined

according to the sentencing guidelines indicates a presumptive executed sentence, in which case the presumptive executed sentence shall be imposed unless the court departs from the sentencing guidelines pursuant to section 244.10. A stay of imposition of sentence may be granted only if accompanied by a statement on the record of the reasons for it. The presumptive period of incarceration may be waived in whole or in part by the court if the defendant provides restitution or performs community work service.

Sec. 28. [609.586] [POSSESSION OF CODE GRABBING DEVICES; PENALTY.]

Subdivision 1. [DEFINITION.] As used in this section, "code grabbing device" means a device that can receive and record the coded signal sent by the transmitter of a security or other electronic system and can play back the signal to disarm or operate that system.

Subd. 2. [CRIME.] Whoever possesses a code grabbing device with intent to use the device to commit an unlawful act may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.

Sec. 29. Minnesota Statutes 1994, section 609.596, is amended to read:

609.596 [KILLING OR HARMING A POLICE OR ARSON DOG.]

Subdivision 1. [FELONY.] Whoever intentionally and without justification causes the death of a police dog or an arson dog when the dog is involved in law enforcement, fire, or correctional investigation or apprehension, or the dog is in the custody of or under the control of a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), or an employee of a correctional facility, as defined in section 241.021, subdivision 1, clause (5), is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000 $5,000, or both. In lieu of a fine, the court may order a defendant convicted under this subdivision to pay restitution to the affected agency to replace the police dog or arson dog, in an amount not to exceed $5,000.

Subd. 2. [GROSS MISDEMEANOR.] Whoever intentionally and without justification causes substantial or great bodily harm to a police dog or an arson dog when the dog is involved in law enforcement, fire, or correctional investigation or apprehension, or the dog is in the custody of or under the control of a peace officer or an employee of a correctional facility, as defined in section 241.021, subdivision 1, clause (5), is guilty of a gross misdemeanor.

Subd. 3. [DEFINITION.] As used in this section, "arson dog" means a dog that has been certified as an arson dog by a state fire or police agency or by an independent testing laboratory.

Sec. 30. Minnesota Statutes 1994, section 609.611, is amended to read:

609.611 [DEFRAUDING INSURER INSURANCE FRAUD.]

Subdivision 1. [DEFRAUD; DAMAGES OR CONCEALS PROPERTY INSURANCE FRAUD PROHIBITED.] Whoever with intent to injure or defraud an insurer, damages, removes, or conceals any property real or personal, whether the actor's own or that of another, which is at the time insured by any person, firm, or corporation against loss or damage;

(a) May be sentenced to imprisonment for not more than three years or to payment of fine of not more than $5,000, or both if the value insured for is less than $20,000; or

(b) May be sentenced to imprisonment for not more than five years or to payment of fine of not more than $10,000, or both if the value insured for is $20,000 or greater;

(c) Proof that the actor recovered or attempted to recover on a policy of insurance by reason of the alleged loss is relevant but not essential to establish the actor's intent to defraud the insurer. the intent to defraud for the purpose of depriving another of property or for pecuniary gain, commits, or permits its employees or its agents to commit any of the following acts, is guilty of insurance fraud and may be sentenced as provided in subdivision 3:

(a) Presents, causes to be presented, or prepares with knowledge or reason to believe that it will be presented, by or on behalf of an insured, claimant, or applicant to an insurer, insurance professional, or premium finance company in connection with an insurance transaction or premium finance transaction, any information that contains a false representation as to any material fact, or that withholds or conceals a material fact concerning any of the following:

(1) an application for, rating of, or renewal of, an insurance policy;

(2) a claim for payment or benefit under an insurance policy;

(3) a payment made according to the terms of an insurance policy;

(4) an application used in a premium finance transaction;

(b) Presents, causes to be presented, or prepares with knowledge or reason to believe that it will be presented, to or by an insurer, insurance professional, or a premium finance company in connection with an insurance transaction or premium finance transaction, any information that contains a false representation as to any material fact, or that withholds or conceals a material fact, concerning any of the following:

(1) a solicitation for sale of an insurance policy or purported insurance policy;

(2) an application for certificate of authority;

(3) the financial condition of an insurer; or

(4) the acquisition, formation, merger, affiliation, or dissolution of an insurer;

(c) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer;

(d) Removes the assets or any record of assets, transactions, and affairs or any material part thereof, from the home office or other place of business of an insurer, or from the place of safekeeping of an insurer, or destroys or sequesters the same from the department of commerce.

(e) Diverts, misappropriates, converts, or embezzles funds of an insurer, insured, claimant, or applicant for insurance in connection with:

(1) an insurance transaction;

(2) the conducting of business activities by an insurer or insurance professional; or

(3) the acquisition, formation, merger, affiliation, or dissolution of any insurer.

Subd. 2. [DEFRAUD; FALSE LOSS CLAIM STATUTE OF LIMITATIONS.] Whoever intentionally makes a claim to an insurance company that personal property was lost, stolen, damaged, destroyed, misplaced, or disappeared, knowing the claim to be false may be sentenced as provided in section 609.52, subdivision 3. The applicable statute of limitations provision under section 628.26 shall not begin to run until the insurance company or law enforcement agency is aware of the fraud, but in no event may the prosecution be commenced later than seven years after the claim was made act has occurred.

Subd. 3. [SENTENCE.] Whoever violates this provision may be sentenced as provided in section 609.52, subdivision 3, based on the greater of (i) the value of property, services, or other benefit wrongfully obtained or attempted to obtain, or (ii) the aggregate economic loss suffered by any person as a result of the violation. A person convicted of a violation of this section must be ordered to pay restitution to persons aggrieved by the violation. Restitution must be ordered in addition to a fine or imprisonment but not in lieu of a fine or imprisonment.

Subd. 4. [DEFINITIONS.] (a) "Insurance policy" means the written instrument in which are set forth the terms of any certificate of insurance, binder of coverage, or contract of insurance (including a certificate, binder, or contract issued by a state-assigned risk plan); benefit plan; nonprofit hospital service plan; motor club service plan; or surety bond, cash bond, or any other alternative to insurance authorized by a state's financial responsibility act.

(b) "Insurance professional" means sales agents, agencies, managing general agents, brokers, producers, claims representatives, adjusters, and third-party administrators.

(c) "Insurance transaction" means a transaction by, between or among: (1) an insurer or a person who acts on behalf of an insurer; and (2) an insured, claimant, applicant for insurance, public adjuster, insurance professional, practitioner, or any person who acts on behalf of any of the foregoing, for the purpose of obtaining insurance or reinsurance, calculating insurance premiums, submitting a claim, negotiating or adjusting a claim, or otherwise obtaining insurance, self-insurance, or reinsurance or obtaining the benefits thereof or therefrom.

(d) "Insurer" means a person purporting to engage in the business of insurance or authorized to do business in the state or subject to regulation by the state, who undertakes to indemnify another against loss, damage or liability arising from a contingent or unknown event. Insurer includes, but is not limited to, an insurance company; self-insurer; reinsurer; reciprocal exchange; interinsurer; risk retention group; Lloyd's insurer; fraternal benefit society; surety; medical service, dental, optometric, or any other similar health service plan; and any other legal entity engaged or purportedly engaged in the business of insurance, including any person or entity that falls within the definition of insurer found within section 60A.951, subdivision 5.

(e) "Premium" means consideration paid or payable for coverage under an insurance policy. Premium includes any payment, whether due within the insurance policy term or otherwise, and any deductible payment, whether advanced by the insurer or insurance professional and subject to reimbursement by the insured or otherwise, any self insured retention or payment, whether advanced by the insurer or insurance professional and subject to reimbursement by the insured or otherwise, and any collateral or security to be provided to collateralize obligations to pay any of the above.

(f) "Premium finance company" means a person engaged or purporting to engage in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured under the terms of a premium finance agreement, including but not limited to, loan contracts, notes, agreements or obligations, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance policies only, but does not include the financing of insurance premiums purchased in connection with the financing of goods or services.

(g) "Premium finance transaction" means a transaction by, between, or among an insured, a producer or other party claiming to act on behalf of an insured and a third-party premium finance company, for the purposes of purportedly or actually advancing money directly or indirectly to in insurer or producer at the request of an insured under the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends or loan payments as security for such advancement in payment of premiums on insurance policies only, but does not include the financing of insurance premiums purchased in connection with the financing of goods or services.

Sec. 31. Minnesota Statutes 1995 Supplement, section 617.23, is amended to read:

617.23 [INDECENT EXPOSURE; PENALTIES.]

(a) A person is guilty of a misdemeanor who in any public place, or in any place where others are present:

(1) willfully and lewdly exposes the person's body, or the private parts thereof;

(2) procures another to expose private parts; or

(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in clause (1) or (2) or this clause.

(b) A person is guilty of a gross misdemeanor if:

(1) the person violates this section in the presence of a minor under the age of 16; or

(2) the person violates this section after having been previously convicted of violating this section, sections 609.342 to 609.3451, or a statute from another state in conformity with any of those sections.

(c) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates paragraph (b), clause (1), after having been previously convicted of or adjudicated delinquent for violating paragraph (b), clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with paragraph (b), clause (1), or section 609.3451, subdivision 1, clause (2).

Sec. 32. [INSURANCE FRAUD REVOLVING ACCOUNT.]

The attorney general shall deposit in a separate account in the state treasury all money voluntarily contributed by insurance companies for the investigation and prosecution of insurance fraud. Money in the account is appropriated to the attorney general for that purpose.

Sec. 33. [REPEALER.]

Minnesota Statutes 1994, section 609.495, subdivision 2, is repealed.

Sec. 34. [EFFECTIVE DATE.]

Sections 1 to 8 are effective August 1, 1996, and apply to demands for proof of insurance made on or after that date.

Sections 9 to 26 and 28 to 33 are effective August 1, 1996, and apply to offenses committed on or after that date.

Section 27 is effective August 1, 1996.

Section 1. Minnesota Statutes 1995 Supplement, section 518B.01, subdivision 14, is amended to read:

Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) Whenever an order for protection is granted pursuant to this section, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor. Upon conviction, the defendant must be sentenced to a minimum of three days imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court. If the court stays imposition or execution of the jail sentence and the defendant refuses or fails to comply with the court's treatment order, the court must impose and execute the stayed jail sentence. A person is guilty of a gross misdemeanor who violates this paragraph during the time period between a previous conviction under this paragraph; sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state and the end of the five years following discharge from sentence for that conviction. Upon conviction, the defendant must be sentenced to a minimum of ten days imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court. Notwithstanding section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for gross misdemeanor convictions.

(b) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order granted pursuant to this section restraining the person or excluding the person from the residence or the petitioner's place of employment, even if the violation of the order did not take place in the presence of the peace officer, if the existence of the order can be verified by the officer. The person shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this paragraph is immune from civil liability that might result from the officer's actions.

(c) A violation of an order for protection shall also constitute contempt of court and be subject to the penalties therefor.

(d) If the court finds that the respondent has violated an order for protection and that there is reason to believe that the respondent will commit a further violation of the provisions of the order restraining the respondent from committing acts of domestic abuse or excluding the respondent from the petitioner's residence, the court may require the respondent to acknowledge an obligation to comply with the order on the record. The court may require a bond sufficient to deter the respondent from committing further violations of the order for protection, considering the financial resources of the respondent, and not to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the obligation or post a bond under this paragraph, the court shall commit the respondent to the county jail during the term of the order for protection or until the respondent complies with the order under this paragraph. The warrant must state the cause of commitment, with the sum and time for which any bond is required. If an order is issued under this paragraph, the court may order the costs of the contempt action, or any part of them, to be paid by the respondent. An order under this paragraph is appealable.

(e) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party designated by the court, alleging that the respondent has violated any order for protection granted pursuant to this section, the court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why the respondent should not be found in contempt of court and punished therefor. The hearing may be held by the court in any county in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. The court also shall refer the violation of the order for protection to the appropriate prosecuting authority for possible prosecution under paragraph (a).

(f) If it is alleged that the respondent has violated an order for protection issued under subdivision 6 and the court finds that the order has expired between the time of the alleged violation and the court's hearing on the violation, the court may grant a new order for protection under subdivision 6 based solely on the respondent's alleged violation of the prior order, to be effective until the hearing on the alleged violation of the prior order. If the court finds that the respondent has violated the prior order, the relief granted in the new order for protection shall be extended for a fixed period, not to exceed one year, except when the court determines a longer fixed period is appropriate.

(g) The admittance into petitioner's dwelling of an abusing party excluded from the dwelling under an order for protection is not a violation by the petitioner of the order for protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform a duty required by paragraph (b).

(h) When a person is convicted of violating an order for protection under this section and the court determines that the person used a firearm in any way during commission of the violation, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(i) Except as otherwise provided in paragraph (h), when a person is convicted of violating an order for protection under this section, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

(j) Except as otherwise provided in paragraph (h), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of violating an order for protection under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

(k) If the court determines that a person convicted of violating an order for protection under this section owns or possesses a firearm and used it in any way during the commission of the violation, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

Sec. 2. Minnesota Statutes 1994, section 609.035, subdivision 1, is amended to read:

Subdivision 1. Except as provided in subdivision 2, subdivision 3, and in sections 609.251, 609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, if a person's conduct constitutes more than one offense under the laws of this state, the person may be punished for only one of the offenses and a conviction or acquittal of any one of them is a bar to prosecution for any other of them. All the offenses, if prosecuted, shall be included in one prosecution which shall be stated in separate counts.

Sec. 3. Minnesota Statutes 1994, section 609.035, is amended by adding a subdivision to read:

Subd. 3. [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding section 609.04, a prosecution for or conviction of a violation of section 609.165, 624.713, subdivision 1, clause (a) or (b), or 624.714, subdivision 1, is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct. Imposition of a sentence, whether executed or stayed, for a violation of section 609.165, 624.713, subdivision 1, clause (a) or (b), or 624.714, subdivision 1, that is consecutive to a sentence imposed for another crime does not constitute a departure from the sentencing guidelines.

Sec. 4. Minnesota Statutes 1994, section 609.11, subdivision 9, is amended to read:

Subd. 9. [APPLICABLE OFFENSES.] The crimes for which mandatory minimum sentences shall be served as provided in this section are: murder in the first, second, or third degree; assault in the first, second, or third degree; burglary; kidnapping; false imprisonment; manslaughter in the first or second degree; aggravated robbery; simple

robbery; criminal sexual conduct under the circumstances described in sections 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e; possession or other unlawful use of a firearm in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (a) or (b), a felony violation of chapter 152; or any attempt to commit any of these offenses.

Sec. 5. Minnesota Statutes 1995 Supplement, section 609.152, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; and 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more.

Sec. 6. Minnesota Statutes 1994, section 609.165, subdivision 1a, is amended to read:

Subd. 1a. [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS FIREARMS.] The order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive: (1) a pistol or semiautomatic military-style assault weapon for the remainder of the person's lifetime; or (2) any other type of firearm until ten years have elapsed since the person was restored to civil rights and during that time the person was not convicted of any other crime of violence. Any person who has received such a discharge and who thereafter has received a relief of disability under United States Code, title 18, section 925, shall not be subject to the restrictions of this subdivision.

Sec. 7. Minnesota Statutes 1994, section 609.165, subdivision 1b, is amended to read:

Subd. 1b. [VIOLATION AND PENALTY.] (a) Any person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or receives a pistol or semiautomatic military-style assault weapon at any time, or who ships, transports, possesses, or receives any other type of firearm in violation of subdivision 1a before ten years have elapsed since the person was restored to civil rights, commits a felony and may be sentenced to imprisonment for not more than three 20 years or to payment of a fine of not more than $6,000 $35,000, or both.

(b) Nothing in this section shall be construed to bar a conviction and sentencing for a violation of section 624.713, subdivision 1, clause (b) 2.

(c) When sentencing an offender for violating this section, the court may impose consecutive sentences as permitted in section 609.035, subdivision 3.

Sec. 8. Minnesota Statutes 1995 Supplement, section 609.2242, subdivision 2, is amended to read:

Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision 1:

(1) during the time period between a previous conviction under this section or sections 609.221 to 609.2231, 609.224, 609.342 to 609.345, or 609.713 against a family or household member as defined in section 518B.01, subdivision 2, and the end of the five years following discharge from sentence for that conviction; or

(2) knowing or having reason to know that a child under 18 years of age is present and likely to witness the violation, is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Sec. 9. Minnesota Statutes 1994, section 609.5316, subdivision 3, is amended to read:

Subd. 3. [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons used are contraband and must be summarily forfeited to the appropriate agency upon conviction of the weapon's owner or possessor for a controlled substance crime or; for any offense of this chapter or chapter 624, or for a violation of an order for protection under section 518B.01, subdivision 14. Bullet-resistant vests, as defined in section 609.486, worn or possessed during the commission or attempted commission of a crime are contraband and must be summarily forfeited to the appropriate agency upon conviction of the owner or possessor for a controlled substance crime or for any offense of this chapter. Notwithstanding this subdivision, weapons used and bullet-resistant vests worn or possessed may be forfeited without a conviction under sections 609.531 to 609.5315.

Sec. 10. Minnesota Statutes 1994, section 609.66, subdivision 1a, is amended to read:

Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS DISCHARGE.] (a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3) and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

Sec. 11. Minnesota Statutes 1994, section 609.66, subdivision 2, is amended to read:

Subd. 2. [EXCEPTIONS.] Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition. Nothing in this section prohibits the possession of devices designed to silence or muffle the discharge of a firearm by law enforcement officers in the course of their official duties, or by any other person complying with the requirements of United States Code, title 18, sections 921 to 930.

Sec. 12. Minnesota Statutes 1994, section 609.666, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following words have the meanings given.

(a) "Firearm" means a device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or force of combustion.

(b) "Child" means a person under the age of 14 18 years.

(c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the magazine is in the firearm, unless the firearm is incapable of being fired by a child who is likely to gain access to the firearm.

Sec. 13. Minnesota Statutes 1994, section 609.666, is amended by adding a subdivision to read:

Subd. 4. [NO ADMINISTRATIVE SEARCH.] Nothing in this section or other law authorizes a government agency or official, or a person authorized to act on behalf of a government agency or official, to conduct an administrative search of a location without a warrant to determine whether a person is complying with this section.

Sec. 14. Minnesota Statutes 1994, section 609.749, is amended by adding a subdivision to read:

Subd. 8. [STALKING; FIREARMS.] (a) When a person is convicted of a harassment or stalking crime under this section and the court determines that the person used a firearm in any way during commission of the crime, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years

or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of a stalking or harassment crime under this section, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of a stalking or harassment crime under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of a stalking or harassment crime under this section owns or possesses a firearm and used it in any way during the commission of the crime, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

Sec. 15. Minnesota Statutes 1994, section 609.855, subdivision 5, is amended to read:

Subd. 5. [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR FACILITY.] Whoever recklessly discharges a firearm at or in any portion of a public transit vehicle or facility is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both. If the transit vehicle or facility is occupied by any person other than the offender, the person 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.

Sec. 16. Minnesota Statutes 1995 Supplement, section 624.712, subdivision 5, is amended to read:

Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes murder in the first, second, and third degrees, manslaughter in the first and second degrees, aiding suicide, aiding attempted suicide, felony violations of assault in the first, second, third, and fourth degrees, assaults motivated by bias under section 609.2231, subdivision 4, drive by shootings, terroristic threats, use of drugs to injure or to facilitate crime, crimes committed for the benefit of a gang, commission of a crime while wearing or possessing a bullet-resistant vest, simple robbery, aggravated robbery, kidnapping, false imprisonment, criminal sexual conduct in the first, second, third, and fourth degrees, theft of a firearm, felony theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or the authorized agent of the owner, felony theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, felony theft involving the theft of a controlled substance, an explosive, or an incendiary device, arson in the first and second degrees, riot, burglary in the first, second, third, and fourth degrees, harassment and stalking, shooting at a public transit vehicle or facility, reckless use of a gun or dangerous weapon, intentionally pointing a gun at or towards a human being, setting a spring gun, and unlawfully owning, possessing, operating a machine gun or short-barreled shotgun, and an attempt to commit any of these offenses, as each of those offenses is defined in chapter 609. "Crime of violence" also includes felony violations of the following: malicious punishment of a child; neglect or endangerment of a child; and chapter 152.

Sec. 17. Minnesota Statutes 1994, section 624.713, subdivision 2, is amended to read:

Subd. 2. [PENALTIES.] (a) A person named in subdivision 1, clause (a) or (b), who possesses a pistol or semiautomatic military-style assault weapon is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. A person named in subdivision 1, clause (b), who possesses any type of firearm is guilty of a felony and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both. A person named in any other clause of subdivision 1 who possesses a pistol or semiautomatic military-style assault weapon any type of firearm is guilty of a gross misdemeanor.

(b) When sentencing an offender for violating this section, the court may impose consecutive sentences as permitted in section 609.035, subdivision 3.

Sec. 18. Minnesota Statutes 1994, section 624.7132, subdivision 8, is amended to read:

Subd. 8. [REPORT NOT REQUIRED.] If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, or if the transferee is a licensed peace officer, as defined in section 626.84, subdivision 1 the transferor need not file a transfer report.

Sec. 19. Minnesota Statutes 1994, section 624.714, subdivision 1, is amended to read:

Subdivision 1. [PENALTY.] (a) A person, other than a law enforcement officer who has authority to make arrests other than citizens arrests, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place or public area without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) A person who has been issued a permit and who engages in activities other than those for which the permit has been issued, is guilty of a misdemeanor.

(c) When sentencing an offender for violating this section, the court may impose consecutive sentences as permitted in section 609.035, subdivision 3.

Sec. 20. Minnesota Statutes 1994, section 624.714, subdivision 5, is amended to read:

Subd. 5. [GRANTING OF PERMITS.] No permit to carry shall be granted to a person unless the applicant:

(a) (1) is not a person prohibited by section 624.713 from possessing a pistol;

(b) (2) is not a person who has been convicted of violating subdivision 1;

(3) provides a firearms safety certificate recognized by the department of natural resources, evidence of successful completion of a test of ability to use a firearm supervised by the chief of police or sheriff or other satisfactory proof of ability to use a pistol safely; and

(c) (4) has an occupation or personal safety hazard requiring a permit to carry.

Sec. 21. Minnesota Statutes 1994, section 624.7141, is amended to read:

624.7141 [TRANSFER TO INELIGIBLE PERSON.]

Subdivision 1. [TRANSFER PROHIBITED.] Except as otherwise provided in subdivision 2, a person is guilty of a gross misdemeanor who intentionally transfers a pistol or semiautomatic military-style assault weapon to another if the person knows that the transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee is not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault weapon;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault weapon by a chief of police or sheriff as a result of an application for a transferee permit or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

Subd. 2. [FELONY.] A violation of this section is a felony if:

(1) the transferee is a minor; or

(2) the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence.

Subd. 3. [SUBSEQUENT ELIGIBILITY.] This section is not applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic military-style assault weapon under section 624.713 after the transfer occurred but before the transferee used or possessed the weapon in furtherance of any crime.

Sec. 22. Minnesota Statutes 1994, section 638.02, subdivision 2, is amended to read:

Subd. 2. Any person, convicted of a crime in any court of this state, who has served the sentence imposed by the court and has been discharged of the sentence either by order of court or by operation of law, may petition the board of pardons for the granting of a pardon extraordinary. Unless the board of pardons expressly provides otherwise in writing by unanimous vote, the application for a pardon extraordinary may not be filed until the applicable time period in clause (1) or (2) has elapsed:

(1) if the person was convicted of a crime of violence as defined in section 624.712, subdivision 5, ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime; and

(2) if the person was convicted of any crime not included within the definition of crime of violence under section 624.712, subdivision 5, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime.

If the board of pardons determines that the person is of good character and reputation, the board may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect of setting aside and nullifying the conviction and of purging the person of it, and the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.

The application for a pardon extraordinary, the proceedings to review an application, and the notice requirements are governed by the statutes and the rules of the board in respect to other proceedings before the board. The application shall contain any further information that the board may require.

Unless the board of pardons expressly provides otherwise in writing by unanimous vote, if the person was convicted of a crime of violence, as defined in section 624.712, subdivision 5, the pardon extraordinary must expressly provide that the pardon does not entitle the person: (1) to ever ship, transport, possess, or receive a pistol or semiautomatic military-style assault weapon; or (2) to ship, transport, possess, or receive any other type of firearm until ten years have elapsed since the sentence was discharged and during that time the person was not convicted of any other crime of violence.

Sec. 23. [EFFECTIVE DATE.]

Sections 1 to 22 are effective August 1, 1996, and apply to offenses committed on or after that date.

Section 1. [LEGISLATIVE FINDINGS AND PURPOSE.]

The legislature finds that if members of the public are provided adequate notice and information about a sex offender who has been or is about to be released from custody and who lives or will live in or near their neighborhood, the community can develop constructive plans to prepare themselves and their children for the offender's release.

Sec. 2. Minnesota Statutes 1995 Supplement, section 243.166, subdivision 1, is amended to read:

Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to violate any of the following, and convicted of or adjudicated delinquent for that offense or of another offense arising out of the same set of circumstances:

(i) murder under section 609.185, clause (2);

(ii) kidnapping under section 609.25, involving a minor victim; or

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; or 609.345; or

(2) the person was charged with or petitioned for using a minor in a sexual performance in violation of section 617.246, or possessing pictorial representations of minors in violation of section 617.247, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances; or

(3) the person was convicted of a predatory crime as defined in section 609.1352, and the offender was sentenced as a patterned sex offender or the court found on its own motion or that of the prosecutor that the crime was part of a predatory pattern of behavior that had criminal sexual conduct as its goal; or

(3) (4) the person was convicted of or adjudicated delinquent for violating a law of the United States similar to the offenses described in clause (1) or, (2), or (3).

(b) A person also shall register under this section if:

(1) the person was convicted of or adjudicated delinquent in another state for an offense that would be a violation of a law described in paragraph (a) if committed in this state;

(2) the person enters and remains in this state for 30 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration.

(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 1992, section 526.10, regardless of whether the person was convicted of any offense.

Sec. 3. Minnesota Statutes 1995 Supplement, section 243.166, subdivision 7, is amended to read:

Subd. 7. [USE OF INFORMATION.] Except as otherwise provided in section 244.052, the information provided under this section is private data on individuals under section 13.01, subdivision 12. The information may be used only for law enforcement purposes.

Sec. 4. [244.052] [SEX OFFENDERS; NOTICE.]

Subdivision 1. [DEFINITIONS.] As used in this section:

(1) "accepted for supervision" means accepted from another state under a reciprocal agreement under the interstate compact authorized by section 243.16;

(2) "confinement" means confinement in a state correctional facility or a state treatment facility;

(3) "law enforcement agency" means the law enforcement agency having primary jurisdiction over the location where the offender expects to reside upon release; and

(4) "sex offender" and "offender" mean a person who has been convicted of an offense for which registration under section 243.166 is required or a person who has been committed pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 1992, section 526.10, regardless of whether the person was convicted of any offense.

Subd. 2. [RISK ASSESSMENT SCALE.] By January 1, 1997, the commissioner of corrections shall develop a risk assessment scale which assigns weights to the various risk factors listed in subdivision 3, paragraph (g), and specifies the risk level to which offenders with various risk assessment scores shall be assigned. In developing this scale, the commissioner shall consult with county attorneys, treatment professionals, law enforcement officials, and probation officers.

Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The commissioner of corrections shall establish and administer end-of-confinement review committees at each state correctional facility and at each state treatment facility where sex offenders are confined. The committees shall assess on a case-by-case basis:

(1) the public risk posed by sex offenders who are about to be released from confinement; and

(2) the public risk posed by sex offenders who are accepted from another state under a reciprocal agreement under the interstate compact authorized by section 243.16.

(b) Each committee shall be a standing committee and shall consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional or treatment facility where the offender is currently confined, or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders; and

(5) a representative from a victim advocacy organization. The chief executive officer or head of the facility or designee shall act as chair of the committee and shall use the facility's staff, as needed, to administer the committee, obtain necessary information from outside sources, and prepare risk assessment reports on offenders.

(c) The committee shall have access to the following data on a sex offender only for the purposes of its assessment under this section:

(1) private medical data under section 13.42;

(2) private and confidential court services data under section 13.84;

(3) private and confidential corrections data under section 13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this paragraph may not be disclosed outside the committee.

(d) At least 90 days before a sex offender is to be released from confinement or accepted for supervision, the commissioner of corrections shall convene the appropriate end-of-confinement review committee for the purpose of assessing the risk presented by the offender and determining the risk level to which the offender shall be assigned under paragraph (e). The offender shall be notified of the time and place of the committee's meeting and has a right to be present and be heard at the meeting. The committee shall use the risk factors described in paragraph (g) and the risk assessment scale developed under subdivision 2 to determine the offender's risk assessment score and risk level. Offenders scheduled for release from confinement shall be assessed by the committee established at the facility from which the offender is to be released. Offenders accepted for supervision shall be assessed by whichever committee the commissioner directs.

(e) The committee shall assign to risk level I a sex offender whose risk assessment score indicates a low risk of reoffense. The committee shall assign to risk level II an offender whose risk assessment score indicates a moderate risk of reoffense. The committee shall assign to risk level III an offender whose risk assessment score indicates a high risk of reoffense.

(f) Before the sex offender is released from confinement or accepted for supervision, the committee shall prepare a risk assessment report which specifies the risk level to which the offender has been assigned and the reasons underlying the committee's risk assessment decision. The committee shall give the report to the offender and to the law enforcement agency at least 60 days before an offender is released from confinement or accepted for supervision. The committee also shall inform the offender of the availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes, but is not limited to, the following factors:

(1) the seriousness of the offense should the offender reoffend. This factor includes consideration of the following: (i) the degree of likely force or harm; (ii) the degree of likely physical contact; and (iii) the age of the likely victim;

(2) the offender's prior offense history. This factor includes consideration of the following: (i) the relationship of prior victims to the offender; (ii) the number of prior offenses or victims; (iii) the duration of the offender's prior offense history; (iv) the length of time since the offender's last prior offense, while the offender was at risk to commit offenses; and (v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes consideration of the following: (i) the offender's response to prior treatment efforts; and (ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender. This factor includes consideration of the following: (i) the availability and likelihood that the offender will be involved in therapeutic treatment; (ii) the availability of residential supports to the offender, such as a stable and supervised living arrangement in an appropriate location; (iii) the offender's familial and social relationships, including the nature and length of these relationships and the level of support that the offender may receive from these persons; and (iv) the offender's lack of education or employment stability;

(5) whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community; and

(6) whether the offender demonstrates a physical condition that minimizes the risk of reoffense, including but not limited to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the offender's corrections agent, the commissioner may reconvene the end-of-confinement review committee for the purpose of reassessing the risk level to which an offender has been assigned under paragraph (e). In a request for a reassessment, the law enforcement agency or agent shall list the facts and circumstances arising after the initial assignment under paragraph (e) which support the request for a reassessment. Upon review of the request, the end-of-confinement review committee may reassign an offender to a different risk level. If the offender is reassigned to a higher risk level, the offender has the right to seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review committee to reassess the offender's assigned risk level after two years have elapsed since the committee's initial risk assessment and may renew the request once every two years following subsequent denials. In a request for reassessment, the offender shall list the facts and circumstances which demonstrate that the offender no longer poses the same degree of risk to the community. The committee shall follow the process outlined in paragraphs (a) to (e), and (g) in the reassessment.

Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF INFORMATION TO PUBLIC.] (a) The law enforcement agency in the area where the sex offender resides, expects to reside, is employed, or is regularly found, is authorized to disclose information to the public regarding the offender if the agency determines that disclosure of the information is relevant and necessary to protect the public and to counteract the offender's dangerousness. The extent of the information disclosed and the community to whom disclosure is made must relate to the level of danger posed by the offender and to the need of community members for information to enhance their individual and collective safety.

(b) The law enforcement agency shall consider the following guidelines in determining the scope of disclosure made under this subdivision:

(1) if the offender is assigned to risk level I, the agency may maintain information regarding the offender within the agency and may disclose it to other law enforcement agencies. Additionally, the agency may disclose the information to any victims of or witnesses to the offense committed by the offender. The agency shall disclose the information to victims of the offense committed by the offender who have requested disclosure;

(2) if the offender is assigned to risk level II, the agency also may disclose the information to the following agencies and groups that the offender is likely to encounter: public and private educational institutions; day care establishments; and establishments and organizations that primarily serve children or women;

(3) if the offender is assigned to risk level III, the agency also may disclose the information to other members of the community whom the offender is likely to encounter.

Notwithstanding the assignment of a sex offender to risk level II or III, a law enforcement agency may not make the disclosures permitted by clause (2) or (3), if: the offender is placed or resides in a residential facility that is licensed as a residential program, as defined in section 245A.02, subdivision 14, by the commissioner of human services under chapter 254A, or the commissioner of corrections under section 241.021; and the facility and its staff are trained in the supervision of sex offenders. However, if an offender is placed or resides in a licensed facility, the head of the facility shall notify the law enforcement agency before the end of the offender's placement or residence in the facility. Upon receiving this notification, the law enforcement agency may make the disclosures permitted by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that: (1) the organizations or community members are in a location or in close proximity to a location where the offender lives or is employed, or which the offender visits or is likely to visit on a regular basis, other than the location of the offender's outpatient treatment program; and (2) the types of interaction which ordinarily occur at that location and other circumstances indicate that contact with the offender is reasonably certain.

(d) A law enforcement agency or official who decides to disclose information under this subdivision shall make a good faith effort to make the notification at least 14 days before an offender is released from confinement or accepted for supervision. If a change occurs in the release plan, this notification provision does not require an extension of the release date.

Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW ENFORCEMENT.] At least 60 days before a sex offender is released from confinement or accepted for supervision, the department of corrections or the department of human services, in the case of a person who was committed under section 253B.185 or Minnesota Statutes 1992, section 526.10, shall provide the appropriate law enforcement agency all relevant information that the departments have concerning the offender, including information on risk factors in the offender's history.

Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned or reassigned to risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek administrative review of an end-of-confinement review committee's risk assessment determination. The offender must exercise this right within 14 days of receiving notice of the committee's decision by notifying the chair of the committee. Upon receiving the request for administrative review, the chair shall notify the offender, the victim or victims of the offender's offense or their designee, the law enforcement agency, and any other individuals the chair may select, of the time and place of the hearing. A request for a review hearing shall not interfere with or delay the notification process under subdivision 4 or 5.

(b) An offender who requests a review hearing must be given a reasonable opportunity to prepare for the hearing. The review hearing shall be conducted on the record before an administrative law judge. The attorney general or a designee shall defend the end-of-confinement review committee's determination. The offender has the right to be present and be represented by counsel at the hearing, to present evidence in support of the offender's position, to call supporting witnesses and to cross-examine witnesses testifying in support of the committee's determination. Counsel for indigent offenders shall be provided by the Legal Advocacy Project of the state public defender's office.

(c) After the hearing is concluded, the administrative law judge shall either uphold or modify the end-of-confinement review committee's risk level determination. The judge's decision shall be in writing and shall include the judge's reasons for the decision. The judge's decision shall be final and a copy of it shall be given to the offender, the victim, the law enforcement agency, and the chair of the end-of-confinement review committee.

(d) The review hearing is not subject to the contested case provisions of chapter 14.

Subd. 7. [IMMUNITY FROM LIABILITY.] A state or local agency or official, or a private organization or individual authorized to act on behalf of a state or local agency or official, is not civilly or criminally liable for disclosing or failing to disclose information as permitted by this section.

Subd. 8. [LIMITATION ON SCOPE.] Nothing in this section imposes a duty upon a person licensed under chapter 82, or an employee of the person, to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under this section.

Sec. 5. [244.053] [NOTICE OF RELEASE OF CERTAIN OFFENDERS.]

Subdivision 1. [NOTICE OF IMPENDING RELEASE.] At least 60 days before the release of any inmate convicted of an offense requiring registration under section 243.166, the commissioner of corrections shall send written notice of the impending release to the sheriff of the county and the police chief of the city in which the inmate will reside or in which placement will be made in a work release program. The sheriff of the county where the offender was convicted also shall be notified of the inmate's impending release.

Subd. 2. [ADDITIONAL NOTICE.] The same notice shall be sent to the following persons concerning a specific inmate convicted of an offense requiring registration under section 243.166:

(1) the victim of the crime for which the inmate was convicted or a deceased victim's next of kin if the victim or deceased victim's next of kin requests the notice in writing;

(2) any witnesses who testified against the inmate in any court proceedings involving the offense, if the witness requests the notice in writing; and

(3) any person specified in writing by the prosecuting attorney.

The notice sent to victims under clause (1) must inform the person that the person has the right to request and receive information about the offender authorized for disclosure under the community notification provisions of section 244.052.

If the victim or witness is under the age of 16, the notice required by this section shall be sent to the parents or legal guardian of the child. The commissioner shall send the notices required by this provision to the last address provided to the commissioner by the requesting party. The requesting party shall furnish the commissioner with a current address. Information regarding witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are private data on individuals, as defined in section 13.02, subdivision 12, and are not available to the inmate.

The notice to victims provided under this subdivision does not limit the victim's right to request notice of release under section 611A.06.

Subd. 3. [NO EXTENSION OF RELEASE DATE.] The existence of the notice requirements contained in this section shall in no event require an extension of the release date.

Sec. 6. Minnesota Statutes 1994, section 244.10, is amended by adding a subdivision to read:

Subd. 2a. [NOTICE OF INFORMATION REGARDING SEX OFFENDERS.] (a) In any case in which a person is convicted of an offense which requires registration under section 243.166, subdivision 1, and the presumptive sentence under the sentencing guidelines is commitment to the custody of the commissioner of corrections, if the court grants a dispositional departure and stays imposition or execution of sentence, the probation or court services officer who is assigned to supervise the offender shall provide in writing to the following the fact that the offender is on probation and the terms and conditions of probation:

(1) a victim of and any witnesses to the offense committed by the offender, if the victim or the witness has requested notice; and

(2) the chief law enforcement officer in the area where the offender resides or intends to reside.

The probation officer is not required under this subdivision to provide any notice while the offender is placed or resides in a residential facility that is licensed under section 245A.02, subdivision 14, or section 241.021, if the facility staff is trained in the supervision of sex offenders.

(b) The notice authorized by paragraph (a) shall be limited to data classified as public under section 13.84, subdivision 6, unless the offender provides informed consent to authorize the release of nonpublic data or unless a court order authorizes the release of nonpublic data.

(c) Nothing in this subdivision shall be interpreted to impose a duty on any person to use any information regarding an offender about whom notification is made under this subdivision.

Sec. 7. [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; POLICY AND INSTRUCTION.]

Subdivision 1. [MODEL POLICY.] (a) By August 1, 1996, the Minnesota chiefs of police association and the Minnesota sheriffs association shall develop a model policy for law enforcement agencies to follow when they disclose information on sex offenders to the public under Minnesota Statutes, section 244.052, subdivision 3. The model policy shall be designed to further the objectives of providing adequate notice to the community concerning sex offenders who are or will be residing in the neighborhood and of helping community members develop constructive plans to prepare themselves and their children for residing near these sex offenders. In developing the policy, the two associations shall consult with representatives of the bureau of criminal apprehension, the Minnesota association of women police, the Minnesota sex crimes investigators association, the Minnesota police and peace officers association, the Minnesota institute of community policing, the county attorneys association, the commissioner of corrections, local corrections agencies, the state public defender, sex offender treatment professionals, victims groups, and interested members of the public.

(b) The model policy shall, at a minimum, address the following matters:

(1) recommended contents and form of community notification documents, including recommended ways of protecting the privacy of victims of the offender's crime;

(2) recommended method or methods of distributing community notification documents;

(3) recommended methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions when necessary to protect the public;

(4) recommended methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety;

(5) procedures for ensuring that community members are educated regarding the right of sex offenders not to be subjected to harassment or criminal acts because of the notification process;

(6) recommended ways of educating sex offenders before they are released from incarceration on the nature and scope of the notification process, the likely reaction of community residents to their presence in the community, and their right to be free from harassment or criminal acts committed by community residents because of the notification process; and

(7) other matters that the associations deem necessary to ensure the effective and fair administration of the community notification law.

Subd. 2. [LOCAL POLICY.] By January 1, 1997, all chief law enforcement officers shall establish and implement a written policy governing the public disclosure of information on sex offenders under Minnesota Statutes, section 244.052, subdivision 3. A chief law enforcement officer shall adopt a policy that is identical or substantially similar to the model policy developed by the associations under subdivision 1.

Sec. 8. [EFFECTIVE DATE.]

Section 2 is effective August 1, 1996, and applies to persons who are released from prison on or after that date, or who are under supervision as of that date, or who enter this state on or after that date.

Sections 1 and 3 to 6 are effective January 1, 1997, and apply to persons released or sentenced on or after that date.

Section 7 is effective the day following final enactment.

Section 1. Minnesota Statutes 1995 Supplement, section 260.015, subdivision 21, is amended to read:

Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY OFFENSE.] (a) "Juvenile petty offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct by a child under the age of 18 years which would be lawful conduct if committed by an adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense, other than a violation of section 609.224, 609.324, 609.563, 609.576, or 617.23, that would be a misdemeanor if committed by an adult if:

(1) the child has not been found to be a juvenile petty offender on more than two prior occasions for a misdemeanor-level offense;

(2) the child has not previously been found to be delinquent for a misdemeanor, gross misdemeanor, or felony offense; or

(3) the county attorney designates the child on the petition as a juvenile petty offender, notwithstanding the child's prior record of misdemeanor-level juvenile petty offenses.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section 260.193;

(3) a misdemeanor-level offense committed by a child whom the juvenile court previously has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court has found to have committed a misdemeanor-level juvenile petty offense on two or more prior occasions, unless the county attorney designates the child on the petition as a juvenile petty offender notwithstanding this prior record. As used in this clause, "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender."

Sec. 2. Minnesota Statutes 1995 Supplement, section 260.132, subdivision 1, is amended to read:

Subdivision 1. [NOTICE.] When a peace officer, or attendance officer, in the case of a habitual truant, a peace officer or an attendance officer has probable cause to believe that a child:

(1) is in need of protection or services under section 260.015, subdivision 2a, clause (11) or (12);

(2) is a juvenile petty offender; or

(3) has committed a delinquent act that would be a petty misdemeanor or misdemeanor if committed by an adult;

the officer may issue a notice to the child to appear in juvenile court in the county in which the child is found or in the county of the child's residence or, in the case of a juvenile petty offense, or a petty misdemeanor or misdemeanor delinquent act, the county in which the offense was committed. If there is a school attendance review board or county attorney mediation program operating in the child's school district, a notice to appear in juvenile court for a habitual truant may not be issued until the applicable procedures under section 260A.06 or 260A.07 have been exhausted. The officer shall file a copy of the notice to appear with the juvenile court of the appropriate county. If a child fails to appear in response to the notice, the court may issue a summons notifying the child of the nature of the offense alleged and the time and place set for the hearing. If the peace officer finds it necessary to take the child into custody, sections 260.165 and 260.171 shall apply.

Sec. 3. Minnesota Statutes 1995 Supplement, section 260.132, subdivision 3a, is amended to read:

Subd. 3a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except as otherwise provided in section 260.155, subdivision 2, a child alleged to be a juvenile petty offender may be represented by counsel, but does not have a right to appointment of a public defender or other counsel at public expense.

Sec. 4. Minnesota Statutes 1994, section 260.141, is amended by adding a subdivision to read:

Subd. 1a. [NOTICE IN LIEU OF SUMMONS; PERSONAL SERVICE.] The service of a summons or a notice in lieu of summons shall be as provided in the rules of juvenile procedure.

Sec. 5. Minnesota Statutes 1994, section 260.145, is amended to read:

260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, ARREST.]

If any person personally served with summons or subpoena fails, without reasonable cause, to appear or bring the child, or if the court has reason to believe the person is avoiding personal service, or if any custodial parent or guardian fails, without reasonable cause, to accompany the child to a hearing as required under section 260.155, subdivision 4b, the person may be proceeded against for contempt of court or the court may issue a warrant for the

person's arrest, or both. In any case when it appears to the court that the service will be ineffectual, or that the welfare of the child requires that the child be brought forthwith into the custody of the court, the court may issue a warrant for immediate custody of the child.

Sec. 6. Minnesota Statutes 1995 Supplement, section 260.155, subdivision 2, is amended to read:

Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent, guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court unless the. This right does not apply to a child who is charged with a juvenile petty offense as defined in section 260.015, subdivision 21, unless the child is charged with a third or subsequent juvenile alcohol or controlled substance offense and may be subject to the alternative disposition described in section 260.195, subdivision 4.

(b) The court shall appoint counsel, or stand-by counsel if the child waives the right to counsel, for a child who is:

(1) charged by delinquency petition with a gross misdemeanor or felony offense; or

(2) the subject of a delinquency proceeding in which out-of-home placement has been proposed.

(b) (c) If they desire counsel but are unable to employ it, the court shall appoint counsel to represent the child or the parents or guardian in any case in which it feels that such an appointment is desirable, except a juvenile petty offense as defined in section 260.015, subdivision 21 offender who does not have the right to counsel under paragraph (a).

Sec. 7. Minnesota Statutes 1994, section 260.161, subdivision 1a, is amended to read:

Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to the Bureau of Criminal Apprehension the following data on juveniles adjudicated delinquent for having committed felony-level criminal sexual conduct:

(1) the name and birth date of the juvenile, including any of the juvenile's known aliases or street names;

(2) the type of act for which the juvenile was adjudicated delinquent and date of the offense; and

(3) the date and county of the adjudication.

(b) The bureau shall retain data on a juvenile until the offender reaches the age of 28. If the offender commits another violation of sections 609.342 to 609.345 as an adult, the bureau shall retain the data for as long as the data would have been retained if the offender had been an adult at the time of the juvenile offense.

(c) The juvenile court shall forward to the bureau the following data on individuals convicted as extended jurisdiction juveniles:

(1) the name and birthdate of the offender, including any of the juvenile's known aliases or street names;

(2) the crime committed by the offender and the date of the crime; and

(3) the date and county of the conviction.

The court shall notify the bureau whenever it executes an extended jurisdiction juvenile's adult sentence under section 260.126, subdivision 5.

(d) The bureau shall retain the extended jurisdiction juvenile data for as long as the data would have been retained if the offender had been an adult at the time of the offense. Data retained on individuals under this subdivision are private data under section 13.02, except that extended jurisdiction juvenile data becomes public data under section 13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult sentence has been executed under section 260.126, subdivision 5.

Sec. 8. Minnesota Statutes 1995 Supplement, section 260.161, subdivision 3, is amended to read:

Subd. 3. [PEACE OFFICER AND CORRECTIONAL RECORDS OF CHILDREN.] (a) Except for records relating to an offense where proceedings are public under section 260.155, subdivision 1, peace officers' records of children who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of

persons (2) as required by section 126.036, (3) as authorized under section 13.82, subdivision 2, (4) to the child or the child's parent or guardian unless disclosure of a record would interfere with an ongoing investigation, or (5) as otherwise provided in this subdivision. Except as provided in paragraph (c), no photographs of a child taken into custody may be taken without the consent of the juvenile court unless the child is alleged to have violated section 169.121 or 169.129. Peace officers' records containing data about children who are victims of crimes or witnesses to crimes must be administered consistent with section 13.82, subdivisions 2, 3, 4, and 10. Any person violating any of the provisions of this subdivision shall be guilty of a misdemeanor.

In the case of computerized records maintained about juveniles by peace officers, the requirement of this subdivision that records about juveniles must be kept separate from adult records does not mean that a law enforcement agency must keep its records concerning juveniles on a separate computer system. Law enforcement agencies may keep juvenile records on the same computer as adult records and may use a common index to access both juvenile and adult records so long as the agency has in place procedures that keep juvenile records in a separate place in computer storage and that comply with the special data retention and other requirements associated with protecting data on juveniles.

(b) Nothing in this subdivision prohibits the exchange of information by law enforcement agencies if the exchanged information is pertinent and necessary to the requesting agency in initiating, furthering, or completing a criminal investigation.

(c) A photograph may be taken of a child taken into custody pursuant to section 260.165, subdivision 1, clause (b), provided that the photograph must be destroyed when the child reaches the age of 19 years. If the child is taken into custody for allegedly committing a felony or gross misdemeanor-level delinquent act and is detained in a secure detention facility, the facility must take the child's fingerprints and booking photograph as required by section 299C.10, subdivision 1. The commissioner of corrections may photograph juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles authorized by this paragraph may be used only for institution management purposes, case supervision by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders. The commissioner shall maintain photographs of juveniles in the same manner as juvenile court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained physical harm or economic loss as a result of the traffic accident. Identifying information on juveniles who are parties to traffic accidents may be disclosed as authorized under section 13.82, subdivision 4, and accident reports required under section 169.09 may be released under section 169.09, subdivision 13, unless the information would identify a juvenile who was taken into custody or who is suspected of committing an offense that would be a crime if committed by an adult, or would associate a juvenile with the offense, and the offense is not a minor traffic offense under section 260.193.

(e) A law enforcement agency shall notify the principal or chief administrative officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an offense that would be a crime if committed as an adult, that the victim of the offense is a student or staff member of the school, and that notice to the school is reasonably necessary for the protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an offense described in subdivision 1b, paragraph (a), clauses (1) to (3), that would be a crime if committed by an adult, regardless of whether the victim is a student or staff member of the school.

A law enforcement agency is not required to notify the school under this paragraph if the agency determines that notice would jeopardize an ongoing investigation. Notwithstanding section 138.17, data from a notice received from a law enforcement agency under this paragraph must be destroyed when the juvenile graduates from the school or at the end of the academic year when the juvenile reaches age 23, whichever date is earlier. For purposes of this paragraph, "school" means a public or private elementary, middle, or secondary school.

(f) In any county in which the county attorney operates or authorizes the operation of a juvenile prepetition or pretrial diversion program, a law enforcement agency or county attorney's office may provide the juvenile diversion program with data concerning a juvenile who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social service agency, peace officer records of children who are or may be delinquent or who may be engaged in criminal acts may be disseminated to the agency to promote the best interests of the subject of the data.

Sec. 9. Minnesota Statutes 1994, section 260.171, subdivision 2, is amended to read:

Subd. 2. (a) If the child is not released as provided in subdivision 1, the person taking the child into custody shall notify the court as soon as possible of the detention of the child and the reasons for detention.

(b) No child may be detained in a juvenile secure detention facility or shelter care facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being taken into custody for a delinquent act as defined in section 260.015, subdivision 5, unless a petition has been filed and the judge or referee determines pursuant to section 260.172 that the child shall remain in detention.

(c) No child may be detained in an adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail or municipal lockup in a standard metropolitan statistical area, after being taken into custody for a delinquent act as defined in section 260.015, subdivision 5, unless:

(1) a petition has been filed under section 260.131; and

(2) a judge or referee has determined under section 260.172 that the child shall remain in detention.

After August 1, 1991, no child described in this paragraph may be detained in an adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail or municipal lockup in a standard metropolitan statistical area, unless the requirements of this paragraph have been met and, in addition, a motion to refer the child for adult prosecution has been made under section 260.125. Notwithstanding this paragraph, continued detention of a child in an adult detention facility outside a standard metropolitan statistical area county is permissible if:

(i) the facility in which the child is detained is located where conditions or distance to be traveled or other ground transportation do not allow for court appearances within 24 hours. A delay not to exceed 48 hours may be made under this clause; or

(ii) the facility is located where conditions of safety exist. Time for an appearance may be delayed until 24 hours after the time that conditions allow for reasonably safe travel. "Conditions of safety" include adverse life-threatening weather conditions that do not allow for reasonably safe travel.

The continued detention of a child under clause (i) or (ii) must be reported to the commissioner of corrections.

(d) No child taken into custody pursuant to section 260.165, subdivision 1, clause (a) or (c)(2) may be held in a shelter care facility longer than 72 hours, excluding Saturdays, Sundays and holidays, unless a petition has been filed and the judge or referee determines pursuant to section 260.172 that the child shall remain in custody.

(e) If a child described in paragraph (c) is to be detained in a jail beyond 24 hours, excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with rules and procedures established by the commissioner of corrections, shall notify the commissioner of the place of the detention and the reasons therefor. The commissioner shall thereupon assist the court in the relocation of the child in an appropriate juvenile secure detention facility or approved jail within the county or elsewhere in the state, or in determining suitable alternatives. The commissioner shall direct that a child detained in a jail be detained after eight days from and including the date of the original detention order in an approved juvenile secure detention facility with the approval of the administrative authority of the facility. If the court refers the matter to the prosecuting authority pursuant to section 260.125, notice to the commissioner shall not be required.

Sec. 10. Minnesota Statutes 1995 Supplement, section 260.195, subdivision 2a, is amended to read:

Subd. 2a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except as otherwise provided in section 260.155, subdivision 2, a child alleged to be a juvenile petty offender may be represented by counsel, but does not have a right to appointment of a public defender or other counsel at public expense.

Sec. 11. Minnesota Statutes 1994, section 260.281, is amended to read:

260.281 [NEW EVIDENCE.]

A child whose status has been adjudicated by a juvenile court, or the child's parent, guardian, custodian or spouse may, at any time within 90 15 days of the filing of the court's order, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication or disposition.

Upon a showing that such evidence does exist the court shall order that a new hearing be held within 30 days, unless the court extends this time period for good cause shown within the 30-day period, and shall make such disposition of the case as the facts and the best interests of the child warrant.

Sec. 12. Minnesota Statutes 1994, section 260.301, is amended to read:

260.301 [CONTEMPT.]

Any person knowingly interfering with an order of the juvenile court is in contempt of court. However, a child who is under the continuing jurisdiction of the court for reasons other than delinquency having committed a delinquent act or a juvenile petty offense may not be adjudicated as a delinquent solely on the basis of having knowingly interfered with or disobeyed an order of the court.

Sec. 13. Minnesota Statutes 1995 Supplement, section 299C.10, subdivision 1, is amended to read:

Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby made the duty of the sheriffs of the respective counties and, of the police officers in cities of the first, second, and third classes, under the direction of the chiefs of police in such cities, and of community corrections agencies operating secure juvenile detention facilities to take or cause to be taken immediately finger and thumb prints, photographs, distinctive physical mark identification data, and such other identification data as may be requested or required by the superintendent of the bureau; of all persons arrested for a felony, gross misdemeanor, of all juveniles committing felonies as distinguished from those committed by adult offenders, of all persons reasonably believed by the arresting officer to be fugitives from justice, of all persons in whose possession, when arrested, are found concealed firearms or other dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines, or appliances usable for an unlawful purpose and reasonably believed by the arresting officer to be intended for such purposes, and within 24 hours thereafter to forward such fingerprint records and other identification data on such forms and in such manner as may be prescribed by the superintendent of the bureau of criminal apprehension.

(b) Effective August 1, 1997, the identification reporting requirements shall also apply to persons committing misdemeanor offenses, including violent and enhanceable crimes, and juveniles committing gross misdemeanors. In addition, the reporting requirements shall include any known aliases or street names of the offenders.

Sec. 14. [REPEALER.]

Minnesota Statutes 1994, section 260.141, subdivision 1, is repealed.

Sec. 15. [EFFECTIVE DATE.]

Sections 1 to 14 are effective August 1, 1996, and apply to offenses committed on or after that date.

Section 1. [15.87] [VICTIMS OF VIOLENCE.]

In furtherance of the state policy of zero tolerance for violence in section 1.50, the state shall have a goal of providing:

(a) every victim of violence in Minnesota, regardless of the county of residence, access to necessary services, including, but not limited to:

(1) crisis intervention services, including a 24-hour emergency telephone line;

(2) safe housing;

(3) counseling and peer support services; and

(4) assistance in pursuing legal remedies and appropriate medical care; and

(b) every child who is a witness to abuse or who is a victim of violence, access to necessary services, including, but not limited to:

(1) crisis child care;

(2) safe supervised child visitation, when needed;

(3) age appropriate counseling and support; and

(4) assistance with legal remedies, medical care, and needed social services.

Sec. 2. Minnesota Statutes 1995 Supplement, section 609.10, is amended to read:

609.10 [SENTENCES AVAILABLE.]

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

(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.

As used in this section, "restitution" includes:

(i) payment of compensation to the victim or the victim's family; and

(ii) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.

In controlled substance crime cases, "restitution" also includes payment of compensation to a government entity that incurs loss as a direct result of the controlled substance crime.

Sec. 3. Minnesota Statutes 1995 Supplement, section 609.125, is amended to read:

609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]

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; 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.

As used in this section, "restitution" includes:

(i) payment of compensation to the victim or the victim's family; and

(ii) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.

In controlled substance crime cases, "restitution" also includes payment of compensation to a government entity that incurs loss as a direct result of the controlled substance crime.

Sec. 4. Minnesota Statutes 1994, section 609.135, subdivision 1, is amended to read:

Subdivision 1. [TERMS AND CONDITIONS.] 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 (a) may order intermediate sanctions without placing the defendant on probation, or (b) 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. 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. 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, and work in lieu of or to work off fines and, with the victim's consent, work in lieu of or to work off restitution.

A court may not stay the revocation of the driver's license of a person convicted of violating the provisions of section 169.121.

Sec. 5. Minnesota Statutes 1995 Supplement, section 611A.01, is amended to read:

611A.01 [DEFINITIONS.]

For the purposes of sections 611A.01 to 611A.06:

(a) "Crime" means conduct that is prohibited by local ordinance and results in bodily harm to an individual; or conduct that is included within the definition of "crime" in section 609.02, subdivision 1, or would be included within that definition but for the fact that (i) the person engaging in the conduct lacked capacity to commit the crime under the laws of this state, or (ii) the act was alleged or found to have been committed by a juvenile;

(b) "Victim" means a natural person who incurs loss or harm as a result of a crime, including a good faith effort to prevent a crime, and for purposes of sections 611A.04 and 611A.045, also includes (i) a corporation that incurs loss or harm as a result of a crime, and (ii) any other entity authorized to receive restitution under section 609.10 or 609.125. If the victim is a natural person and is deceased, "victim" means the deceased's surviving spouse or next of kin; and

(c) "Juvenile" has the same meaning as given to the term "child" in section 260.015, subdivision 2.

Sec. 6. Minnesota Statutes 1995 Supplement, section 611A.04, subdivision 1, is amended to read:

Subdivision 1. [REQUEST; DECISION.] (a) A victim of a crime has the right to receive restitution as part of the disposition of a criminal charge or juvenile delinquency proceeding against the offender if the offender is convicted or found delinquent. The court, or a person or agency designated by the court, shall request information from the victim to determine the amount of restitution owed. The court or its designee shall obtain the information from the victim in affidavit form or by other competent evidence. Information submitted relating to restitution must describe the items or elements of loss, itemize the total dollar amounts of restitution claimed, and specify the reasons justifying these amounts, if restitution is in the form of money or property. A request for restitution may include, but is not limited to, any out-of-pocket losses resulting from the crime, including medical and therapy costs, replacement of wages and services, expenses incurred to return a child who was a victim of a crime under section 609.26 to the child's parents or lawful custodian, and funeral expenses. An actual or prospective civil action involving the alleged crime

shall not be used by the court as a basis to deny a victim's right to obtain court-ordered restitution under this section. In order to be considered at the sentencing or dispositional hearing, all information regarding restitution must be received by the court administrator of the appropriate court at least three business days before the sentencing or dispositional hearing. The court administrator shall provide copies of this request to the prosecutor and the offender or the offender's attorney at least 24 hours before the sentencing or dispositional hearing. The issue of restitution may be is reserved or the sentencing or dispositional hearing or hearing on the restitution request may be continued if the victim's affidavit or other competent evidence submitted by the victim is not received in time. At the sentencing or dispositional hearing, the court shall give the offender an opportunity to respond to specific items of restitution and their dollar amounts in accordance with the procedures established in section 611A.045, subdivision 3.

(b) The court may amend or issue an order of restitution after the sentencing or dispositional hearing if:

(1) the offender is on probation, committed to the commissioner of corrections, or on supervised release;

(2) information regarding sufficient evidence of a right to restitution was has been submitted as required under paragraph (a); and

(3) the true extent of the victim's loss or the loss of the crime victims reparations board was not known at the time of the sentencing or dispositional hearing, or hearing on the restitution request.

If the court holds a hearing on the restitution request, the court must notify the offender, the offender's attorney, the victim, and the prosecutor, and the crime victims reparations board at least five business days before the hearing. The court's restitution decision is governed by this section and section 611A.045.

(c) The court shall grant or deny restitution or partial restitution and shall state on the record its reasons for its decision on restitution if information relating to restitution has been presented. If the court grants partial restitution it shall also specify the full amount of restitution that may be docketed as a civil judgment under subdivision 3. The court may not require that the victim waive or otherwise forfeit any rights or causes of action as a condition of granting restitution or partial restitution. In the case of a defendant who is on probation, the court may not refuse to enforce an order for restitution solely on the grounds that the order has been docketed as a civil judgment.

Sec. 7. Minnesota Statutes 1994, section 611A.04, subdivision 1a, is amended to read:

Subd. 1a. [CRIME BOARD REQUEST.] The crime victims reparations board may request restitution on behalf of a victim by filing a copy of orders of the board, if any, which detail any amounts paid by the board to the victim. The board may file the payment order with the court administrator or with the person or agency the court has designated to obtain information relating to restitution. In either event, The board shall submit the payment order not less than three business days before the sentencing or dispositional hearing after it is issued by the board. The court administrator shall provide copies of the payment order to the prosecutor and the offender or the offender's attorney within 48 hours of receiving it from the board or at least 24 hours before the sentencing or dispositional hearing, whichever is earlier. By operation of law, the issue of restitution may be is reserved or the sentencing or disposition continued if the payment order is not received in time at least three days before the sentencing or dispositional hearing. The filing of a payment order for reparations with the court administrator shall also serve as a request for restitution by the victim. The restitution requested by the board may be considered to be both on its own behalf and on behalf of the victim. If the board has not paid reparations to the victim or on the victim's behalf, restitution may be made directly to the victim. If the board has paid reparations to the victim or on the victim's behalf, the court shall order restitution payments to be made directly to the board.

Sec. 8. Minnesota Statutes 1994, section 611A.04, subdivision 3, is amended to read:

Subd. 3. [EFFECT OF ORDER FOR RESTITUTION.] An order of restitution may be enforced by any person named in the order to receive the restitution, or by the crime victims reparations board in the same manner as a judgment in a civil action. Any order for restitution in favor of a victim shall also operate as an order for restitution in favor of the crime victims reparations board, if the board has paid reparations to the victim or on the victim's behalf. Filing fees for docketing an order of restitution as a civil judgment are waived for any victim named in the restitution order. An order of restitution shall be docketed as a civil judgment, in the name of any person named in the order and in the name of the crime victims reparations board, by the court administrator of the district court in the county in which the order of restitution was entered. The court administrator also shall notify the commissioner of revenue of the restitution debt in the manner provided in chapter 270A, the revenue recapture act. A juvenile court is not required to appoint a guardian ad litem for a juvenile offender before docketing a restitution order. Interest shall accrue on

the unpaid balance of the judgment as provided in section 549.09. Whether the order of restitution has been docketed or not, it is a debt that is not dischargeable in bankruptcy. A decision for or against restitution in any criminal or juvenile proceeding is not a bar to any civil action by the victim or by the state pursuant to section 611A.61 against the offender. The offender shall be given credit, in any order for judgment in favor of a victim in a civil action, for any restitution paid to the victim for the same injuries for which the judgment is awarded.

Sec. 9. Minnesota Statutes 1994, section 611A.25, subdivision 3, is amended to read:

Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 governs the filling of vacancies and removal of members of the sexual assault advisory council. The terms of the members of the advisory council shall be two years. No member may serve on the advisory council for more than two consecutive terms. Council members shall not receive per diem or expense reimbursement as specified in section 15.059.

Sec. 10. Minnesota Statutes 1994, section 611A.361, subdivision 3, is amended to read:

Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 governs the filling of vacancies and removal of members of the general crime victims advisory council. The terms of the members of the advisory council shall be two years. No member may serve on the advisory council for more than two consecutive terms. Council members shall not receive per diem or expense reimbursement as specified in section 15.059.

Sec. 11. [611A.78] [CRIME VICTIM SERVICES ROUNDTABLE.]

Subdivision 1. [MEMBERSHIP.] A crime victim services roundtable is created and shall be convened by the commissioner of administration or a designee. The roundtable membership shall include representatives from the following: the departments of health; human services; children, families, and learning; corrections; and public safety; the supreme court; the Minnesota planning agency; the office of the attorney general; the office of crime victim ombudsman; the county attorneys association; and the office of dispute resolution. The roundtable membership shall also include one person representing the four councils designated in sections 3.922, 3.9223, 3.9225, and 3.9226.

Subd. 2. [DUTIES.] The crime victim services roundtable shall meet at least four times each year to discuss issues concerning victim services, including, but not limited to, methods for improving the delivery of and securing increased funding for victim services. The roundtable shall present to the legislature any initiatives, including those for increasing efficiency in the administration of services, which require legislative action.

Sec. 12. [EFFECTIVE DATE.]

Sections 1 to 11 are effective August 1, 1996.

Section 1. Minnesota Statutes 1994, section 241.275, is amended to read:

241.275 [PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.]

Subdivision 1. [PROGRAM ESTABLISHMENT.] (a) As used in this section, "correctional facility" includes a community-based day program to which an offender is sentenced in lieu of incarceration, if the program provides close supervision of offenders through such means as electronic monitoring and drug and alcohol testing.

(b) The counties of Hennepin, Ramsey, and St. Louis shall each establish a productive day initiative program in their correctional facilities as described in this section. The productive day program shall be designed to motivate inmates sentenced offenders in local correctional facilities to develop basic life and work skills through training and education, thereby creating opportunities for inmates on release offenders to achieve more successful integration into the community upon their release.

Subd. 2. [PROGRAM COMPONENTS.] The productive day initiative programs shall include components described in paragraphs (a) to (c).

(a) The initiative programs shall contain programs designed to promote the inmate's offender's self-esteem, self-discipline, and economic self-sufficiency by providing structured training and education with respect to basic life skills, including hygiene, personal financial budgeting, literacy, and conflict management.

(b) The programs shall contain individualized educational, vocational, and work programs designed to productively occupy an inmate offender for at least eight hours a day.

(c) The program administrators shall develop correctional industry programs, including marketing efforts to attract work opportunities both inside correctional facilities and outside in the community. Program options may include expanding and reorganizing on-site industry programs, locating off-site industry work areas, and community service work programs, and employment programs. To develop innovative work programs, program administrators may enlist members of the business and labor community to help target possible productive enterprises for inmate offender work programs.

(d) Whenever inmates offenders are assigned to work within the correctional facility or with any state department or agency, local unit of government, or other government subdivision, the program administrator must certify to the appropriate bargaining agent that work performed by inmates offenders will not result in the displacement of current employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of work other than overtime work, wages, or other employment benefits.

Subd. 3. [ELIGIBILITY.] The administrators of each productive day program shall develop criteria for inmate offender eligibility for the program.

Subd. 4. [EVALUATION.] The administrators of each of the productive day initiative programs shall develop program evaluation tools to monitor the success of the programs.

Subd. 5. [REPORT.] Hennepin, Ramsey, and St. Louis counties shall each report results of their evaluations to the chairs of the house judiciary finance division and the senate crime prevention finance division by July 1, 1996.

Sec. 2. Minnesota Statutes 1995 Supplement, section 243.212, is amended to read:

243.212 [COPAYMENTS FOR HEALTH SERVICES.]

Any inmate of an adult correctional facility under the control of the commissioner of corrections shall incur copayment and coinsurance obligations for health care services received in the amounts established for adult enrollees of the MinnesotaCare program established under section 256.9353, subdivision 7, to the extent the inmate has available funds obligations for health care services provided. The copayment will be paid from the inmate account of earnings and other funds, as provided in section 243.23, subdivision 3. The funds paid under this subdivision are appropriated to the commissioner of corrections for the delivery of health care services to inmates.

Sec. 3. Minnesota Statutes 1994, section 260.311, subdivision 3a, is amended to read:

Subd. 3a. [DETAINING PERSON ON CONDITIONAL RELEASE OR PROBATION.] (a) The written order of the court services director or designee of a county probation agency not organized under chapter 401 is sufficient authority for peace officers and county probation officers serving a the district or juvenile court may, without a warrant of nonparticipating counties when it appears necessary to prevent escape or enforce discipline, to take and detain a probationer or any person on conditional release and bring that person before the court or the commissioner of corrections, whichever is appropriate, for disposition. No probationer or other person on conditional release shall be detained under this subdivision more than 72 hours, excluding Saturdays, Sundays and holidays, without being given an opportunity for a hearing before the court or the commissioner of corrections or a designee.

(b) The written order of the court services director or designee of a county probation agency not established under chapter 401 is sufficient authority for probation officers serving the district and juvenile courts of nonparticipating counties to release within 72 hours, exclusive of legal holidays, Saturdays, and Sundays, without appearance before the court or the commissioner of corrections or a designee, any person detained pursuant to paragraph (a).

(c) The written order of the chief executive officer or designee of a county corrections agency established under this section and not organized under chapter 401 is sufficient authority for any peace officer or county probation officer to take and place in actual custody any person under sentence or on probation who:

(1) fails to report to serve a sentence at a local correctional facility, as defined in section 241.021, subdivision 1;

(2) fails to return from furlough or authorized temporary release from a local correctional facility;

(3) escape from a local correctional facility; or

(4) absconds from court-ordered home detention.

(d) The written order of the court services director or designee of a county probation agency established under this section and not organized under chapter 401 is sufficient authority for any peace officer or county probation officer to take and place in actual custody any person on a court-authorized pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

Sec. 4. Minnesota Statutes 1994, section 352.90, is amended to read:

352.90 [POLICY.]

It is the policy of the legislature to provide special retirement benefits and contributions for certain correctional employees who may be required to retire at an early age because they lose the mental or physical capacity required to maintain the safety, security, discipline, and custody of inmates at state adult correctional facilities or of patients at the Minnesota security hospital or at the Minnesota sexual psychopathic personality treatment center.

Sec. 5. Minnesota Statutes 1994, section 352.91, subdivision 1, is amended to read:

Subdivision 1. [QUALIFYING JOBS.] "Covered correctional service" means: (1) services service performed on, before, or after July 1, 1973, by a state employee, as defined in section 352.01, employed at a state correctional facility, the Minnesota security hospital, or the Minnesota sexual psychopathic personality treatment center as an attendant guard, attendant guard supervisor, correctional captain, correctional counselor I, correctional counselor II, correctional counselor III, correctional counselor IV, correctional lieutenant, correctional officer, correctional sergeant, director of attendant guards, and guard farmer garden, provided the employee was employed in the position on July 1, 1973, or after; (2) services performed before July 1, 1973, by an employee covered under clause (1) in a position classified as a houseparent, special schools counselor, shop instructor, or guard instructor; and (3) services performed before July 1, 1973, in a position listed in clause (1) and positions classified as houseparent, guard instructor, and guard farmer dairy, by a person employed on July 1, 1973, in a position classified as a license plant manager, prison industry lead supervisor (general, metal fabricating and foundry), prison industry supervisor, food service manager, prison farmer supervisor, prison farmer assistant supervisor, or rehabilitation therapist employed at the Minnesota security hospital. However, an employee is not covered under sections 352.91 to 352.951 if first employed after July 1, 1973, and because of age could not acquire sufficient service to qualify for an annuity as a correctional employee:

(1) a corrections officer 1;

(2) a corrections officer 2;

(3) a corrections officer 3;

(4) a corrections officer supervisor;

(5) a corrections officer 4;

(6) a corrections captain;

(7) a security counselor; or

(8) a security counselor lead.

Sec. 6. Minnesota Statutes 1994, section 352.91, subdivision 2, is amended to read:

Subd. 2. [TEACHING, MAINTENANCE, AND TRADES.] "Covered correctional service" also means service rendered at any time by state employees as special teachers, maintenance personnel, and members of trades certified by the commissioner of employee relations as being regularly engaged in rehabilitation, treatment, custody, or supervision of inmates employed at the a Minnesota correctional facility-St. Cloud, the Minnesota correctional facility-Stillwater and the Minnesota correctional facility-Shakopee on or after July 1, 1974, other than any employees

who are age 62 or older as of July 1, 1974. Effective the first payroll period after June 1, 1980, or the date of initial employment in covered correctional service, whichever is later, "covered correctional service" also includes those employees of the Minnesota correctional facility-Lino Lakes and the employees of any other adult state correctional facility which may be established, who perform covered correctional service after June 1, 1980. "Special teacher" also includes the classifications of facility educational administrator and supervisor facility, or of patients at the Minnesota security hospital or at the Minnesota sexual psychopathic personality treatment center.

Sec. 7. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 2a. [SPECIAL TEACHERS.] "Covered correctional service" also means service rendered by a state employee as a special teacher employed by the department of corrections or by the department of human services at a security unit, provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner, unless the person elects to retain the current retirement coverage under section 15.

Sec. 8. Minnesota Statutes 1994, section 352.91, subdivision 3b, is amended to read:

Subd. 3b. [OLDER EMPLOYEES FORMERLY EXCLUDED.] "Covered correctional service" also means service performed by certain state employees in positions usually covered by this section who: (1) were excluded by law from coverage between July 1973 and July 1980; (2) were age 45 or over when hired; (3) are were state employees on March 26, 1986; and (4) elect who elected coverage. Eligible employees who elect coverage must file written notice of their election with the director before July 1, 1986. An employee who did not elect coverage before July 1, 1986, is not covered by the correctional retirement plan, even if the employee's employment classification may be considered to be covered correctional service under another subdivision of this section.

Sec. 9. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 3c. [NURSING PERSONNEL.] (a) "Covered correctional service" means service by a state employee in one of the employment positions at a correctional facility or at the Minnesota security hospital specified in paragraph (b), provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner, unless the person elects to retain the current retirement coverage under section 15.

(b) The employment positions are as follows:

(1) registered nurse - senior;

(2) registered nurse;

(3) registered nurse - principal; and

(4) licensed practical nurse 2.

Sec. 10. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 3d. [OTHER CORRECTIONAL PERSONNEL.] (a) "Covered correctional service" means service by a state employee in one of the employment positions at a correctional facility or at the Minnesota security hospital specified in paragraph (b), provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner, unless the person elects to retain the current retirement coverage under section 15.

(b) The employment positions are as follows: baker, chemical dependency counselor supervisor, chief cook, cook, cook coordinator, corrections behavior therapist, corrections behavior therapist specialist, corrections parent education coordinator, corrections security caseworker, corrections security caseworker career, corrections teaching assistant, dentist, electrician supervisor, general repair worker, library/information research services specialist, library information research services specialist senior, plumber supervisor, psychologist 3, recreation therapist, recreation therapist coordinator, recreation program assistant, recreation therapist senior, stores clerk senior, water treatment plant operator, work therapy technician, work therapy assistant, work therapy program coordinator.

Sec. 11. Minnesota Statutes 1994, section 352.91, subdivision 4, is amended to read:

Subd. 4. [CERTIFICATION PROCEDURE FOR ADDITIONAL POSITIONS.] Upon the recommendation of the commissioner of corrections or the commissioner of human services, whichever is the appropriate employing authority, with the approval of the legislative advisory committee and with notification to and receipt of comments

from the legislative commission on pensions and retirement, the commissioner of employee relations may certify additional civil service classifications positions at a state correctional or security hospital facilities facility, the Minnesota security hospital, or the Minnesota sexual psychopathic personality treatment center to the executive director of the Minnesota state retirement system as positions rendering covered correctional service. The commissioner of corrections and the commissioner of human services must establish, in writing, a set of criteria upon which to base a recommendation for certifying additional civil service classifications as rendering covered correctional service.

Sec. 12. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 5. [CORRECTION OF ERRORS.] (a) If it is determined that an employee should have been covered by the correctional retirement plan but was placed in the general employees retirement plan or teachers retirement association in error, the commissioner of corrections or the commissioner of human services must report the error to the executive director of the Minnesota state retirement system. The service must be properly credited under the correctional employees retirement plan for a period of not to exceed five years before the date on which the commissioner of corrections or human services notifies the executive director of the Minnesota state retirement system in writing or five years from the date on which an employee requests, in writing, the applicable department to determine if the person has appropriate retirement plan coverage, whichever is earlier. If the error covers more than a five-year period, the service before the five-year period must remain under the plan originally credited the service. The employee shall pay the difference between the employee contributions actually paid during the five-year period and what should have been paid under the correctional employees retirement plan. The department making the error shall pay to the correctional employees retirement plan an amount equal to the difference in the present value of accrued retirement benefits caused by the change in coverage after subtracting the amount paid by the employee. Calculation of this amount must be made by the executive director of the Minnesota state retirement system using the applicable preretirement interest rate specified in section 356.215, subdivision 4d, and the mortality table adopted for the Minnesota state retirement system. The calculation must assume continuous future service in the correctional employees retirement plan until the employee would reach the age eligible for normal retirement. The calculation must also assume a future salary history that includes annual salary increases at the salary increase rate or rates specified in section 356.215, subdivision 4d.

(b) If an employee was covered under the correctional employees retirement plan, but it is determined that the person should have been covered under the general employees retirement plan, the error must be corrected if written notification is provided to the employee and the executive director of the Minnesota state retirement system within three years of the date on which the coverage was improperly started. The difference in employee and employer contributions actually paid to the correctional employees retirement plan in excess of the amount that should have been paid to the general employees retirement plan must be refunded to the employee and the employer paying the additional contributions.

Sec. 13. Minnesota Statutes 1994, section 352.92, subdivision 2, is amended to read:

Subd. 2. [EMPLOYER CONTRIBUTIONS.] (a) In lieu of employer contributions payable under section 352.04, subdivision 3, the employer shall contribute for covered correctional employees an amount equal to 6.27 6.75 percent of salary.

(b) By January 1 of each year, the board of directors shall report to the legislative commission on pensions and retirement, the chair of the committee on appropriations of the house of representatives, and the chair of the committee on finance of the senate on the amount raised by the employer and employee contribution rates in effect and whether the total amount is less than, the same as, or more than the actuarial requirement determined under section 356.215.

Sec. 14. Minnesota Statutes 1994, section 401.10, is amended to read:

401.10 [COMMUNITY CORRECTIONS EQUALIZATION FORMULA AID.]

Subdivision 1. [AID CALCULATIONS.] To determine the community corrections aid amount to be paid to each participating counties county, the commissioner of corrections will must apply the following formula:

(1) All 87 counties will be scored in accordance with a formula involving four factors:

(a) per capita income;

(b) per capita net tax capacity;

(c) per capita expenditure per 1,000 population for correctional purposes, and;

(d) percent of county population aged six through 30 years of age according to the most recent federal census, and, in the intervening years between the taking of the federal census, according to the state demographer.

"Per capita expenditure per 1,000 population" for each county is to be determined by multiplying the number of persons convicted of a felony under supervision in each county at the end of the current year by $350. To the product thus obtained will be added:

(i) the number of presentence investigations completed in that county for the current year multiplied by $50;

(ii) the annual cost to the county for county probation officers' salaries for the current year; and

(iii) 33-1/3 percent of such annual cost for probation officers' salaries.

The total figure obtained by adding the foregoing items is then divided by the total county population according to the most recent federal census, or, during the intervening years between federal censuses, according to the state demographer.

(2) The percent of county population aged six through 30 years shall be determined according to the most recent federal census, or, during the intervening years between federal censuses, according to the state demographer.

(3) Each county is then scored as follows:

(a) Each county's per capita income is divided into the 87 county average;

(b) Each county's per capita net tax capacity is divided into the 87 county average;

(c) Each county's per capita expenditure for correctional purposes is divided by the 87 county average;

(d) Each county's percent of county population aged six through 30 is divided by the 87 county average.

(4) The scores given each county on each of the foregoing four factors are then totaled and divided by four.

(5) The quotient thus obtained then becomes the computation factor for the county. This computation factor is then multiplied by a "dollar value," as fixed by the appropriation pursuant to sections 401.01 to 401.16, times the total county population. The resulting product is the amount of subsidy to which the county is eligible under sections 401.01 to 401.16. Notwithstanding any law to the contrary, the commissioner of corrections, after notifying the committees on finance of the senate and appropriations of the house of representatives, may, at the end of any fiscal year, transfer any unobligated funds in any appropriation to the department of corrections to the appropriation under sections 401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes of sections 401.01 to 401.16.

(1) For each of the 87 counties in the state, a percent score must be calculated for each of the following six factors:

(a) percent of the total state population aged ten to 24 residing within the county according to the most recent federal census, and, in the intervening years between the taking of the federal census, according to the most recent estimate of the state demographer;

(b) percent of the statewide total number of adult arrests for part I crimes occurring within the county, as determined by the commissioner of public safety;

(c) percent of the statewide total number of juvenile apprehensions for part I and II crimes occurring within the county, as reported by the commissioner of public safety;

(d) percent of the statewide total number of gross misdemeanor case filings occurring within the county, as determined by the state court administrator; and

(e) percent of the total statewide number of convicted felony offenders who did not receive an executed prison sentence, as monitored and reported by the sentencing guidelines commission.

The percents in clauses (b) to (e) must be calculated by combining the most recent three-year period of available data. The percents in clauses (a) to (e) each must sum to 100 percent across the 87 counties.

(2) For each of the 87 counties, the county's percents in clauses (a) to (e) must be weighted, summed, and divided by the sum of the weights to yield an average percent for each county, referred to as the county's "composite need percent." When performing this calculation, the weight for each of the percents in clauses (a) to (e) is 1.0. The composite need percent must sum to 100 percent across the 87 counties.

(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the county's adjusted net tax capacity amount, defined in the same manner as it is defined for cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the 87 counties.

(4) For each of the 87 counties, the county's composite need percent must be divided by the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by the county's composite need percent, results in the county's "tax base adjusted need percent."

(5) For each of the 87 counties, the county's tax base adjusted need percent must be added to twice the composite need percent, and the sum must be divided by 3, to yield the county's "weighted need percent."

(6) Each participating county's weighted need percent must be added to the weighted need percent of each other participating county to yield the "total weighted need percent for participating counties."

(7) Each participating county's weighted need percent must be divided by the total weighted need percent for participating counties to yield the county's "share percent." The share percents for participating counties must sum to 100 percent.

(8) Each participating county's "base funding amount" is the aid amount that the county received under this section for fiscal year 1995, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter, no county's aid amount under this section may be less than its base funding amount, provided that the total amount appropriated for this purpose is at least as much as the aggregate base funding amount defined in clause (9).

(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts for all participating counties. If a county that participated under this section during fiscal year 1995 chooses not to participate in any given year, then the aggregate base funding amount must be reduced by that county's base funding amount. If a county that did not participate under this section in fiscal year 1995 chooses to participate in any given year, then the aggregate base funding amount must be increased by the amount of aid that the county would have received had it participated in fiscal year 1995, as reported by the commissioner of corrections, and the amount of increase shall be that county's base funding amount.

(10) In any given year, the total amount appropriated for this purpose first must be allocated to participating counties in accordance with each county's base funding amount. Then, any remaining amount in excess of the aggregate base funding amount must be allocated to participating counties in proportion to each county's share percent, and is referred to as the county's "formula amount."

Each participating county's "community corrections aid amount" equals the sum of (i) the county's base funding amount, and (ii) the county's formula amount.

However, if in any year the total amount appropriated for the purpose of this section is less than the aggregate base funding amount, then each participating county's community corrections aid amount is the product of (i) the county's base funding amount multiplied by (ii) the ratio of the total amount appropriated to the aggregate base funding amount.

For each participating county, the county's community corrections aid amount calculated in this subdivision is the total amount of subsidy to which the county is entitled under sections 401.01 to 401.16.

Subd. 2. [TRANSFER OF FUNDS.] Notwithstanding any law to the contrary, the commissioner of corrections, after notifying the committees on finance of the senate and ways and means of the house of representatives, may, at the end of any fiscal year, transfer any unobligated funds in any appropriation to the department of corrections to the appropriation under sections 401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes of sections 401.01 to 401.16.

Subd. 3. [FORMULA REVIEW.] Prior to January 16, 2002, the committees with jurisdiction over community corrections funding decisions in the house of representatives and the senate, in consultation with the department of corrections and any interested county organizations, must review the formula in subdivision 1 and make recommendations to the legislature for its continuation, modification, replacement, or discontinuation.

Sec. 15. [TEMPORARY PROVISION; ELECTION TO RETAIN RETIREMENT COVERAGE.]

(a) An employee in a position specified as qualifying under sections 7, 9, and 10, may elect to retain coverage under the general employees retirement plan of the Minnesota state retirement system or the teachers retirement association, or may elect to have coverage transferred to and to contribute to the correctional employees retirement plan. An employee electing to participate in the correctional employees retirement plan shall begin making contributions to the correctional plan beginning the first full pay period after June 30, 1996, or the first full pay period following filing of their election to transfer coverage to the correctional employees retirement plan, whichever is later. The election to retain coverage or to transfer coverage must be made in writing by the person on a form prescribed by the executive director of the Minnesota state retirement system and must be filed with the executive director no later than December 31, 1996.

(b) An employee failing to make an election by December 15, 1996, must be notified by certified mail by the executive director of the Minnesota state retirement system or of the teachers retirement association, whichever applies, of the deadline to make a choice. A person who does not submit an election form must continue coverage in the general employees retirement plan or the teachers retirement association, whichever applies, and forfeits all rights to transfer retirement coverage to the correctional employees retirement plan.

(c) The election to retain coverage in the general employee retirement plan or the teachers retirement association or the election to transfer retirement coverage to the correctional employees retirement plan is irrevocable once it is filed with the executive director.

Sec. 16. [COVERAGE FOR PRIOR STATE SERVICE FOR CERTAIN PERSONS.]

Subdivision 1. [ELECTION OF PRIOR STATE SERVICE COVERAGE.] (a) An employee who has future retirement coverage transferred to the correctional employees retirement plan under sections 7, 9, and 10, and who does not elect to retain general state employee retirement plan or teachers retirement association coverage is entitled to elect to obtain prior service credit for eligible state service performed on or after July 1, 1975, and before the first day of the first full pay period beginning after June 30, 1996, with the department of corrections or with the department of human services at the Minnesota security hospital. All prior service credit must be purchased.

(b) Eligible state service with the department of corrections or with the department of human services is any prior period of continuous service on or after July 1, 1975, performed as an employee of the department of corrections or of the department of human services that would have been eligible for the correctional employees retirement plan coverage under sections 7, 9, and 10, if that prior service had been performed after the first day of the first full pay period beginning after June 30, 1996, rather than before that date. Service is continuous if there has been no period of discontinuation of eligible state service for a period greater than 180 calendar days.

(c) The department of corrections or the department of human services, whichever applies, shall certify eligible state service to the executive director of the Minnesota state retirement system.

(d) A covered correctional plan employee employed on July 1, 1996, who has past service in a job classification covered under section 7, 9, or 10, on July 1, 1996, is entitled to purchase the past service if the applicable department certifies that the employee met the eligibility requirements for coverage. The employee must make the additional employee contributions under section 11. Payments for past service must be completed by September 30, 1998.

Subd. 2. [PAYMENT FOR PRIOR SERVICE.] (a) An employee electing to obtain prior service credit under subdivision 1 must pay an additional employee contribution for that prior service except for any period of time that the employee was a member of the basic program of the teachers retirement association. The additional member

contribution is the contribution differential percentage applied to the actual salary paid to the employee during the period of the prior eligible state service, plus interest at the rate of six percent per annum, compounded annually. The contribution differential percentage is the difference between 4.9 percent of salary and the applicable employee contribution rate of the general state employees retirement plan or the teachers retirement association during the prior eligible state service.

(b) The additional member contribution must be paid only in a lump sum. Payment must accompany the election to obtain prior service credit. No election or payment may be made by the person or accepted by the executive director after September 30, 1998.

Subd. 3. [TRANSFER OF ASSETS.] Assets must be transferred from the teachers retirement association or the general state employees retirement plan, whichever applies, to the correctional employees retirement plan in an amount equal to the present value of benefits earned under the general employees retirement plan or the teachers retirement plan, whichever applies, for each employee transferring to the correctional employees retirement plan, as determined by the actuary retained by the legislative commission on pensions and retirement in accordance with Minnesota Statutes, section 356.215, multiplied by the accrued liability funding ratio of active members as derived from the most recent actuarial valuation prepared by the commission-retained actuary. The transfer of assets must be made within 45 days after the employee elects to transfer coverage to the correctional employees retirement plan.

Subd. 4. [EFFECT OF THE ASSET TRANSFER.] Upon the transfer of assets in subdivision 3, service credit in the general state employees plan of the Minnesota state retirement system or the teachers retirement association, whichever applies, is forfeited and may not be reinstated. The service credit and transferred assets must be credited to the correctional employees retirement plan.

Subd. 5. [COUNSELING.] (a) The commissioners of corrections, human services, and employee relations, and the executive directors of the Minnesota state retirement system and teachers retirement association have the joint responsibility of providing affected employees of the department of corrections or the department of human services with appropriate and timely retirement and related benefit counseling.

(b) Counseling must include the anticipated impact of the retirement coverage change on the person's future retirement benefit amounts, future retirement eligibility, future applicability of mandatory retirement laws, and future postemployment insurance coverage.

(c) The commissioners of corrections and human services must consult with the appropriate collective bargaining agents of the affected employees regarding the content, form, and timing of the counseling required by this section.

Sec. 17. [TRANSITIONAL PROVISION; RETENTION OF CERTAIN RIGHTS.]

(a) Nothing in this act may be considered to restrict the entitlement of a person under state law to repay a previously taken refund of employee or member contributions to a Minnesota public pension plan if all qualifying requirements are met.

(b) The period of correctional employees retirement plan contributions, plus interest, must be restored upon the repayment of the appropriate refund amount if the service was correctional employees retirement plan covered service on the date when the service was rendered or on the date when the refund was taken.

Sec. 18. [EARLY RETIREMENT INCENTIVE.]

This section applies to an employee who has future retirement coverage transferred to the correctional employee retirement plan under sections 7, 9, and 10, and who is at least 55 years old on the effective date of sections 7, 9, and 10. That employee may participate in a health insurance early retirement incentive available under the terms of a collective bargaining agreement in effect on the day before the effective date of sections 7, 9, and 10, notwithstanding any provision of the collective bargaining agreement that limits participation to persons who select the option during the payroll period in which their 55th birthday occurs. A person selecting the health insurance early retirement incentive under this section must retire by the later of September 30, 1996, or within the pay period following the time at which the person has at least three years of covered correctional service, including any purchased service credit. An employee meeting this criteria who wishes to extend the person's employment must do so under Minnesota Statutes, section 43A.34, subdivision 3.

Sec. 19. [REPEALER.]

Minnesota Statutes 1994, section 352.91, subdivision 3, is repealed.

Sec. 20. [EFFECTIVE DATE.]

Sections 1 to 3 are effective August 1, 1996.

Sections 4 to 13 and 15 to 19 are effective on the first day of the first full pay period beginning after June 30, 1996.

Section 14 is effective July 1, 1996, and shall be used for calculating the community correction aid distribution for fiscal year 1997 and thereafter.

Section 1. Minnesota Statutes 1994, section 13.99, subdivision 53a, is amended to read:

Subd. 53a. [CONTROLLED SUBSTANCE CONVICTIONS.] Data on certain convictions for controlled substances offenses may be expunged under section 152.18, subdivisions 2 and subdivision 3.

Sec. 2. Minnesota Statutes 1995 Supplement, section 152.18, subdivision 1, is amended to read:

Subdivision 1. If any person who has not previously participated in or completed a diversion program authorized under section 401.065 or who has not previously been placed on probation without a judgment of guilty and thereafter been discharged from probation under this section is found guilty of a violation of section 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or upon a plea of guilty, and the court determines that the violation does not qualify as a subsequent controlled substance conviction under section 152.01, subdivision 16a, the court may, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period, not to exceed the maximum sentence provided for the violation. The court may give the person the opportunity to attend and participate in an appropriate program of education regarding the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation. If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the department of public safety bureau of criminal apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the department bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this subdivision to the department of public safety who bureau which shall make and maintain the not public record of it as provided under this subdivision. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section 13.02, subdivision 8a.

Sec. 3. Minnesota Statutes 1995 Supplement, section 242.31, subdivision 1, is amended to read:

Subdivision 1. Whenever a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification under the provisions of section 260.125 is finally discharged by order of the commissioner, that discharge shall restore the person to all civil rights and, if so ordered by the commissioner of corrections, also shall have the effect of setting aside the conviction, nullifying it and purging the person of it. The commissioner shall file a copy of the order with the district court of the county in which the conviction occurred; upon receipt, the court shall order the conviction set aside. An order setting aside a conviction for a crime of violence as defined in section 624.712, subdivision 5, must provide that the person is not entitled to ship, transport, possess, or receive a firearm until ten years have elapsed since the order was entered and during that time the person was not convicted of any other crime of violence. A person whose conviction was set aside under this section and who thereafter has received a relief of disability under United States Code, title 18, section 925, shall not be subject to the restrictions of this subdivision.

Sec. 4. Minnesota Statutes 1994, section 242.31, subdivision 2, is amended to read:

Subd. 2. Whenever a person described in subdivision 1 has been placed on probation by the court pursuant to section 609.135 and, after satisfactory fulfillment of it, is discharged from probation, the court shall issue an order of discharge pursuant to subdivision 2a and section 609.165. On application of the defendant or on its own motion and after notice to the county attorney, the court in its discretion may also order that the defendant's conviction be set aside with the same effect as a court order under subdivision 1.

These orders restore This order restores the defendant to civil rights and purge and free the defendant from all penalties and disabilities arising from the defendant's conviction and the conviction shall not thereafter be used against the defendant, except in a criminal prosecution for a subsequent offense if otherwise admissible therein. In addition, the record of the defendant's conviction shall be sealed and may be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the court or the department of public safety shall notify the requesting party of the existence of the sealed record and the right to seek a court order to open it pursuant to this section.

Sec. 5. Minnesota Statutes 1995 Supplement, section 299C.11, is amended to read:

299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]

The sheriff of each county and the chief of police of each city of the first, second, and third classes shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger and thumb prints, photographs, distinctive physical mark identification data, and other identification data as may be requested or required by the superintendent of the bureau, which may be taken under the provisions of section 299C.10, of persons who shall be convicted of a felony, gross misdemeanor, or who shall be found to have been convicted of a felony or gross misdemeanor, within ten years next preceding their arrest. Upon the determination of all pending criminal actions or proceedings in favor of the arrested person, and the granting of the petition of the arrested person under chapter 609A, the bureau shall, upon demand, have all such finger and thumb prints, seal photographs, distinctive physical mark identification data, and other identification data, and all copies and duplicates thereof, returned, provided of them, if it is not established by the arrested person that the arrested person has not been convicted of any felony, gross misdemeanor, or a similar misdemeanor, either within or without the state, within the period of ten years immediately preceding such determination. The expunged photographs, distinctive physical mark identification data, and other identification data shall not be destroyed but shall be sealed and may be opened upon statutory authorization, or upon an ex parte court order for purposes of criminal investigation, prosecution, or sentencing. Finger and thumbprints and DNA samples and DNA records of the arrested person shall not be returned, sealed, or destroyed.

For purposes of this section, "determination of all pending criminal actions or proceedings in favor of the arrested person" does not include:

(1) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or 609.168 chapter 609A; or

(2) the arrested person's successful completion of a diversion program;

(3) an order of discharge under section 609.165; or

(4) a pardon granted under section 638.02.

Sec. 6. Minnesota Statutes 1994, section 299C.13, is amended to read:

299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.]

Upon receipt of information data as to any arrested person, the bureau shall immediately ascertain whether the person arrested has a criminal record or is a fugitive from justice, and shall at once inform the arresting officer of the facts ascertained. Upon application by any sheriff, chief of police, or other peace officer in the state, or by an officer of the United States or by an officer of another state, territory, or government duly authorized to receive the same and effecting reciprocal interchange of similar information with the division, it shall be the duty of the bureau to furnish all information in its possession pertaining to the identification of any person. If the bureau has a sealed record on the arrested person, it shall notify the requesting peace officer of that fact and of the right to seek a court order to open the record for purposes of law enforcement. A criminal justice agency shall be notified, upon request, of the

existence and contents of a sealed record containing conviction information about an applicant for employment. For purposes of this section a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority and which allocates a substantial part of its annual budget to the administration of criminal justice.

Sec. 7. [609A.01] [CRIMINAL RECORDS EXPUNGEMENT.]

Subdivision 1. [DEFINITION.] "Expungement" means the sealing of records and disclosing their existence or opening them only under court order or statutory authority. "Expungement" shall not include the destruction of records or their return to an arrested or convicted individual.

Subd. 2. [SCOPE OF CHAPTER.] This chapter provides the grounds and procedure for expungement of criminal arrest or conviction records under sections 13.82; 152.18, subdivision 1; 299C.11; or other applicable law.

Sec. 8. [609A.02] [GROUNDS FOR EXPUNGEMENT ORDER.]

Subdivision 1. [CERTAIN CONTROLLED SUBSTANCE OFFENSES.] Upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance, or on other grounds permitted by law, the person may petition under section 609A.03 for expungement of all records relating to the arrest, indictment or information, trial, and dismissal and discharge.

Subd. 2. [JUVENILES PROSECUTED AS ADULTS.] A petition for expungement of a conviction record may be filed under section 609A.03 by a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification to district court under section 260.125, if the person:

(1) is finally discharged by the commissioner; or

(2) has been placed on probation by the court under section 609.135 and has been discharged from probation after satisfactory fulfillment of it.

Subd. 3. [EXPUNGEMENT PROHIBITED.] Expungement shall not be sought and shall not be granted for the record of a conviction of an offense for which registration is required under section 243.166.

Sec. 9. [609A.03] [PETITION TO EXPUNGE CRIMINAL ARREST OR CONVICTION RECORDS.]

Subdivision 1. [PETITION; FILING FEE.] An individual who is the subject of a criminal arrest or conviction record who is seeking the expungement of the record shall file a petition under this section and pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The filing fee may be waived in cases of indigency.

Subd. 2. [CONTENTS OF PETITION.] A petition for expungement shall be signed under oath by the petitioner and shall state the following:

(1) the petitioner's full name and all other legal names or aliases by which the petitioner has been known at any time;

(2) the petitioner's date of birth;

(3) all of the petitioner's addresses from the date of the offense or alleged offense in connection with which an expungement order is sought, to the date of the petition;

(4) why expungement is sought, if it is for employment or licensure purposes, the statutory or other legal authority under which it is sought, and why it should be granted;

(5) the details of the offense or arrest for which expungement is sought, including date and jurisdiction of the occurrence, court file number, and date of conviction or of dismissal;

(6) in the case of a conviction, what steps the petitioner has taken since the time of the offense toward personal rehabilitation, including treatment, work, or other personal history that demonstrates rehabilitation;

(7) petitioner's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the arrest or conviction for which expungement is sought; and

(8) all prior requests by the petitioner, whether for the present arrest or conviction or for any other arrest or conviction, in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner.

Subd. 3. [SERVICE OF PETITION.] The petition for expungement and a proposed expungement order shall be served by mail on the state and local government agencies and jurisdictions whose records would be affected by the proposed order. Service shall also be made by mail on the attorney for each agency and jurisdiction.

Subd. 4. [HEARING.] A hearing on the petition shall be held not sooner than 60 days after service of the petition.

Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS RESTRICTION.] (a) Expungement of an arrest or conviction record is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.

(b) If the court issues an expungement order it may require that:

(1) the record of an arrest or conviction shall be sealed, the existence of the record shall not be revealed, and the record shall not be opened except as required under subdivision 7; or

(2) the record of a conviction shall not be sealed but shall indicate that expungement of the record was granted.

(c) An order expunging the record of a conviction for a crime of violence as defined in section 624.712, subdivision 5, must provide that the person is not entitled to ship, transport, possess, or receive a firearm until ten years have elapsed since the order was entered and during that time the person was not convicted of any other crime of violence. Any person whose record of conviction is expunged under this section and who thereafter receives a relief of disability under United States Code, title 18, section 925, is not subject to the restriction in this paragraph.

Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] If the court orders the expungement of the record of proceedings under section 152.18, the effect of the order shall be to restore the person, in the contemplation of the law, to the status the person occupied before the arrest, indictment, or information. The person shall not be held guilty of perjury or otherwise of giving a false statement if the person fails to acknowledge the arrest, indictment, information, or trial in response to any inquiry made for any purpose.

Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an expungement order related to an arrest, the finger and thumbprints, DNA samples and DNA records held by the bureau of criminal apprehension or any other law enforcement agency shall not be sealed, returned, or destroyed.

(b) Notwithstanding the issuance of an expungement order under this chapter:

(1) an expunged record of an arrest or conviction may be opened for purposes of a criminal investigation, prosecution, or sentencing upon an ex parte court order; and

(2) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order.

Upon request by law enforcement, prosecution, or corrections authorities, an agency or jurisdiction subject to an expungement record shall inform the requester of the existence of a sealed record and of the right to obtain access to it as provided by this paragraph. For purposes of this section a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority and which allocates a substantial part of its annual budget to the administration of criminal justice.

Subd. 8. [STAY OF ORDER; APPEAL.] An expungement order shall be automatically stayed for 60 days after filing of the order and, if the order is appealed, during the appeal period. A person or an agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order. An agency or jurisdiction or officials or employees thereof need not file a cost bond or supersedeas bond in order to further stay the proceedings or file an appeal.

Subd. 9. [DISTRIBUTION OF EXPUNGEMENT ORDERS.] If an expungement order is issued, the court administrator shall send a copy of it to each agency and jurisdiction whose records are affected by the terms of the order.

Sec. 10. [REPEALER.]

Minnesota Statutes 1994, sections 152.18, subdivision 2; 242.31, subdivision 3; 609.166; 609.167; and 609.168, are repealed.

Sec. 11. [EFFECTIVE DATE; APPLICATION.]

Sections 1 to 10 are effective the day following final enactment and apply to requests for expungement of criminal arrest or conviction records initiated on or after that date.

Section 1. Minnesota Statutes 1994, section 2.724, is amended by adding a subdivision to read:

Subd. 3a. [FORMER JUDGES.] A judge who has been elected to office and who has resigned in good standing and is not practicing law may also be appointed to serve as judge of any court except the supreme court. A former judge acting under this subdivision shall receive pay and expenses in the amount established by the supreme court.

Sec. 2. Minnesota Statutes 1994, section 168.36, is amended by adding a subdivision to read:

Subd. 4. [OFFICER MAY SEIZE REGISTRATION PLATES.] If a peace officer stops a motor vehicle and determines, through a check of the motor vehicle registration record system, that the vehicle is being operated without valid registration in violation of this section, the officer may immediately seize the vehicle's registration plates and destroy the plates or return them to the commissioner of public safety.

Sec. 3. Minnesota Statutes 1995 Supplement, section 481.01, is amended to read:

481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE DISPUTE FEES.]

The supreme court shall, by rule from time to time, prescribe the qualifications of all applicants for admission to practice law in this state, and shall appoint a board of law examiners, which shall be charged with the administration of the rules and with the examination of all applicants for admission to practice law. The board shall consist of not less than three, nor more than seven, attorneys at law, who shall be appointed each for the term of three years and until a successor qualifies. The supreme court may fill any vacancy in the board for the unexpired term and in its discretion may remove any member of it. The board shall have a seal and shall keep a record of its proceedings, of all applications for admission to practice, and of persons admitted to practice upon its recommendation. At least two times a year the board shall hold examinations and report the result of them, with its recommendations, to the supreme court. Upon consideration of the report, the supreme court shall enter an order in the case of each person examined, directing the board to reject or to issue to the person a certificate of admission to practice. The board shall have such officers as may, from time to time, be prescribed and designated by the supreme court. The fee for examination shall be fixed, from time to time, by the supreme court, but shall not exceed $50. This fee, and any other fees which may be received pursuant to any rules the supreme court promulgates adopts governing the practice of law and court-related alternative dispute resolution practices shall be paid to the state treasurer and shall constitute a special fund in the state treasury which shall be exempt from section 16A.127. The moneys money in this fund are is appropriated annually to the supreme court for the payment of compensation and expenses of the members of the board of law examiners and for otherwise regulating the practice of law. The moneys money in the fund shall never cancel. Payments from it shall be made by the state treasurer, upon warrants of the commissioner of finance issued upon vouchers signed by one of the justices of the supreme court. The members of the board shall have compensation and allowances for expenses as may, from time to time, be fixed by the supreme court.

Sec. 4. Minnesota Statutes 1994, section 490.15, is amended by adding a subdivision to read:

Subd. 3. The salary of the executive secretary of the board shall be 85 percent of the maximum salary provided for an administrative law judge under section 15A.083, subdivision 6a.

Sec. 5. Minnesota Statutes 1994, section 611.271, is amended to read:

611.271 [COPIES OF DOCUMENTS; FEES.]

The court administrators of courts, the prosecuting attorneys of counties and municipalities, and the law enforcement agencies of the state and its political subdivisions shall furnish, upon the request of the district public defender, the state public defender, or an attorney working for a public defense corporation under section 611.216, copies of any documents, including police reports, in their possession at no charge to the public defender, including the following: police reports, photographs, grand jury transcripts, audiotapes, videotapes, transcripts of audiotapes or videotapes and, in child protection cases, reports prepared by local welfare agencies.

Sec. 6. Laws 1991, chapter 271, section 9, is amended to read:

Sec. 9. [REPEALER.]

Section 5 is repealed effective July 1, 1996 1997, for cases filed on or after that date.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 3 and 5 are effective August 1, 1996.

Section 4 is effective July 1, 1997.

Section 6 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to criminal justice; crime prevention; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention programs, and other related purposes; providing for community notification of the release of certain sex offenders, expanding the sex offender registration act; implementing, clarifying, and modifying certain criminal and juvenile provisions; prescribing, clarifying, and modifying certain penalty provisions; establishing and expanding pilot programs and grant programs; limiting expungement of certain criminal records and providing an expungement process; amending Minnesota Statutes 1994, sections 2.724, by adding a subdivision; 13.99, subdivision 53a; 168.36, by adding a subdivision; 169.791, subdivisions 2a, 3, and 4; 169.792, subdivisions 1, 2, 3, 5, and 6; 241.275; 242.31, subdivision 2; 244.09, subdivision 5; 244.10, by adding a subdivision; 260.141, by adding a subdivision; 260.145; 260.161, subdivision 1a; 260.171, subdivision 2; 260.281; 260.301; 260.311, subdivision 3a; 268.30, subdivision 2; 299C.13; 352.90; 352.91, subdivisions 1, 2, 3b, 4, and by adding subdivisions; 352.92, subdivision 2; 401.10; 490.15, by adding a subdivision; 609.035, subdivision 1, and by adding a subdivision; 609.11, subdivision 9; 609.135, subdivision 1; 609.165, subdivisions 1a and 1b; 609.2231, subdivision 2, and by adding a subdivision; 609.3451, by adding a subdivision; 609.487, by adding subdivisions; 609.52, subdivision 2; 609.5316, subdivision 3; 609.583; 609.596; 609.611; 609.66, subdivisions 1a and 2; 609.666, subdivision 1, and by adding a subdivision; 609.749, by adding a subdivision; 609.855, subdivision 5; 611.271; 611A.04, subdivisions 1a and 3; 611A.25, subdivision 3; 611A.361, subdivision 3; 624.713, subdivision 2; 624.7132, subdivision 8; 624.714, subdivisions 1 and 5; 624.7141; and 638.02, subdivision 2; Minnesota Statutes 1995 Supplement, sections 152.18, subdivision 1; 242.31, subdivision 1; 243.166, subdivisions 1 and 7; 243.212; 256.98, subdivision 1; 260.015, subdivision 21; 260.132, subdivisions 1 and 3a; 260.155, subdivision 2; 260.161, subdivision 3; 260.195, subdivision 2a; 299C.10, subdivision 1; 299C.11; 481.01; 518B.01, subdivision 14; 609.10; 609.125; 609.152, subdivision 1; 609.20; 609.2242, subdivision 2; 609.3451, subdivision 1; 609.485, subdivisions 2 and 4; 609.52, subdivision 1; 611A.01; 611A.04, subdivision 1; 617.23; and 624.712, subdivision 5; Laws 1991, chapter 271, section 9; proposing coding for new law in Minnesota Statutes, chapters 15; 171; 241; 244; 299A; 609; and 611A; proposing coding for new law as Minnesota Statutes, chapter 609A; repealing Minnesota Statutes 1994, sections 152.18, subdivision 2; 242.31, subdivision 3; 260.141, subdivision 1; 352.91, subdivision 3; 609.166; 609.167; 609.168; and 609.495, 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.

H. F. Nos. 2818 and 3137 were read for the second time.

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2156.

H. F. No. 2156 was reported to the House.

Vickerman moved to amend H. F. No. 2156, the third engrossment, as follows:

Page 84, after line 4, insert:

"Sec. 17. [SLEEPY EYE.]

In addition to other levies, for taxes payable in 1997 through 2001, independent school district No. 84, Sleepy Eye, may levy a total cumulative amount of up to $66,000 for the costs associated with converting its heating system from district heat to a boiler system."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Vickerman amendment and the roll was called. There were 71 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kraus        Osskopp      Tompkins
Anderson, B. Finseth      Krinkie      Otremba      Tuma
Bettermann   Frerichs     Larsen       Ozment       Van Dellen
Bishop       Girard       Leppik       Paulsen      Van Engen
Boudreau     Goodno       Lindner      Pawlenty     Vickerman
Bradley      Gunther      Lynch        Pellow       Warkentin
Broecker     Haas         Macklin      Rhodes       Weaver
Carlson, S.  Hackbarth    Mahon        Rostberg     Wenzel
Carruthers   Harder       Mares        Seagren      Wolf
Commers      Holsten      McElroy      Smith        Worke
Cooper       Johnson, V.  Molnau       Stanek       Workman 
Daggett      Kalis        Mulder       Sviggum      
Davids       Knight       Ness         Swenson, D.  
Dehler       Knoblach     Olson, M.    Swenson, H.  
Dempsey      Koppendrayer Onnen        Sykora       

Anderson, R. Greiling     Leighton     Opatz        Skoglund
Bakk         Hasskamp     Lieder       Orenstein    Solberg
Bertram      Hausman      Long         Orfield      Tomassoni
Brown        Huntley      Lourey       Osthoff      Trimble
Carlson, L.  Jaros        Luther       Ostrom       Tunheim
Clark        Jefferson    Mariani      Pelowski     Wagenius
Dauner       Jennings     Marko        Perlt        Wejcman
Dawkins      Johnson, A.  McCollum     Peterson     Winter
Delmont      Johnson, R.  McGuire      Pugh         Sp.Anderson,I
Dorn         Kahn         Milbert      Rest         
Entenza      Kelley       Munger       Rukavina     
Farrell      Kelso        Murphy       Sarna        
Garcia       Kinkel       Olson, E.    Schumacher   

Abrams and Girard moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 130, after line 4, insert:

"(d) Minnesota Statutes 1994, section 126.12, subdivision 1, is repealed the day following final enactment."

Page 130, line 6, delete the second "and" and insert a comma; after "(c)," insert "and (d)"

A roll call was requested and properly seconded.

The question was taken on the Abrams and Girard amendment and the roll was called. There were 65 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Krinkie      Onnen        Smith
Anderson, B. Goodno       Larsen       Opatz        Stanek
Bishop       Greenfield   Leppik       Osskopp      Sviggum
Boudreau     Greiling     Lynch        Ostrom       Swenson, H.
Bradley      Gunther      Macklin      Paulsen      Sykora
Broecker     Haas         Mahon        Pawlenty     Tuma
Carlson, S.  Harder       Marko        Pellow       Van Dellen
Commers      Hausman      McElroy      Pelowski     Vickerman
Dehler       Kelley       McGuire      Perlt        Warkentin
Dempsey      Kelso        Molnau       Rest         Weaver
Dorn         Knight       Mulder       Rhodes       Wolf
Erhardt      Knoblach     Munger       Seagren      Worke
Frerichs     Kraus        Olson, M.    Skoglund     Workman 

Anderson, R. Entenza      Kahn         Murphy       Solberg
Bakk         Farrell      Kalis        Ness         Swenson, D.
Bertram      Finseth      Kinkel       Olson, E.    Tomassoni
Bettermann   Garcia       Koppendrayer Orenstein    Tompkins
Brown        Hackbarth    Leighton     Orfield      Trimble
Carlson, L.  Hasskamp     Lieder       Osthoff      Tunheim
Carruthers   Holsten      Lindner      Otremba      Van Engen
Clark        Huntley      Long         Ozment       Wagenius
Cooper       Jaros        Lourey       Peterson     Wejcman
Daggett      Jefferson    Luther       Pugh         Wenzel
Dauner       Jennings     Mares        Rostberg     Winter
Davids       Johnson, A.  Mariani      Rukavina     Sp.Anderson,I
Dawkins      Johnson, R.  McCollum     Sarna        
Delmont      Johnson, V.  Milbert      Schumacher   

Kelso, Molnau and Johnson, A., moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 14, line 22, after the period, insert "The commissioner may only grant authority under this paragraph if the district demonstrates to the commissioner's satisfaction that the district's ability to operate the new facility will be significantly affected if the operating referendum is not conducted until the November general election."

The motion prevailed and the amendment was adopted.

Seagren moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 92, after line 13, insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 120.064, subdivision 3, is amended to read:

Subd. 3. [SPONSOR.] A school board, community college, state university, technical college, or the University of Minnesota may sponsor one or more charter schools.

No more than a total of 40 charter schools may be authorized Not more than three of which charter schools may be sponsored by public post-secondary institutions. The state board of education shall advise potential sponsors post-secondary institutions when the maximum number of charter schools has been authorized sponsored."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Koppendrayer moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 92, line 24, strike the first comma and insert "or"; strike ", or a single statewide form of"

Page 92, line 25, strike "assessment"

Page 92, line 26, after the period, insert: "The board shall prescribe a single statewide form of assessment for reading, writing, and mathematics."

A roll call was requested and properly seconded.

The question was taken on the Koppendrayer amendment and the roll was called. There were 58 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Paulsen      Tompkins
Bettermann   Frerichs     Larsen       Pawlenty     Tuma
Bishop       Girard       Leppik       Pellow       Van Dellen
Boudreau     Goodno       Lindner      Rhodes       Van Engen
Bradley      Gunther      Lynch        Rostberg     Vickerman
Broecker     Hackbarth    Macklin      Seagren      Warkentin
Carlson, S.  Harder       Mares        Smith        Weaver
Commers      Holsten      McElroy      Stanek       Wolf
Daggett      Johnson, V.  Molnau       Sviggum      Worke
Davids       Knoblach     Mulder       Swenson, D.  Workman 
Dempsey      Koppendrayer Ness         Swenson, H.  
Erhardt      Kraus        Osskopp      Sykora       

Anderson, B. Garcia       Kinkel       Olson, M.    Schumacher
Anderson, R. Greenfield   Knight       Onnen        Skoglund
Bakk         Greiling     Leighton     Opatz        Solberg
Bertram      Haas         Lieder       Orenstein    Tomassoni
Brown        Hasskamp     Long         Orfield      Trimble
Carlson, L.  Hausman      Lourey       Osthoff      Tunheim
Carruthers   Huntley      Luther       Ostrom       Wagenius
Clark        Jaros        Mahon        Otremba      Wejcman
Cooper       Jefferson    Mariani      Ozment       Wenzel
Dauner       Jennings     Marko        Pelowski     Winter
Dawkins      Johnson, A.  McCollum     Perlt        Sp.Anderson,I
Dehler       Johnson, R.  McGuire      Peterson     
Delmont      Kahn         Milbert      Pugh         
Dorn         Kalis        Munger       Rest         
Entenza      Kelley       Murphy       Rukavina     
Farrell      Kelso        Olson, E.    Sarna        

The Speaker called Kahn to the Chair.

Krinkie and Knight moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 174, line 16, delete "the amount determined under"

Page 174, line 17, delete "section 6" and insert "zero percent"

Page 180, delete lines 28 to 36

Page 181, delete lines 1 to 12

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie and Knight amendment and the roll was called. There were 57 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Osskopp      Tuma
Anderson, B. Frerichs     Kraus        Ozment       Van Dellen
Bettermann   Girard       Krinkie      Paulsen      Van Engen
Bishop       Goodno       Larsen       Pawlenty     Vickerman
Boudreau     Gunther      Lindner      Pellow       Warkentin
Bradley      Haas         Lynch        Rhodes       Weaver
Broecker     Hackbarth    Macklin      Seagren      Wolf
Carlson, S.  Harder       Mares        Smith        Worke
Commers      Hasskamp     Molnau       Stanek       Workman 
Daggett      Holsten      Mulder       Swenson, D.  
Davids       Johnson, V.  Olson, M.    Swenson, H.  
Erhardt      Knight       Onnen        Tompkins     

Anderson, R. Garcia       Leighton     Olson, E.    Solberg
Bakk         Greenfield   Leppik       Opatz        Sviggum
Bertram      Greiling     Lieder       Orenstein    Sykora
Brown        Hausman      Long         Orfield      Tomassoni
Carlson, L.  Huntley      Lourey       Osthoff      Trimble
Carruthers   Jaros        Luther       Ostrom       Tunheim
Clark        Jefferson    Mahon        Otremba      Wagenius
Cooper       Jennings     Mariani      Pelowski     Wejcman
Dauner       Johnson, A.  Marko        Peterson     Wenzel
Dawkins      Johnson, R.  McCollum     Pugh         Winter
Dehler       Kahn         McElroy      Rest         Sp.Anderson,I
Delmont      Kalis        McGuire      Rostberg     
Dempsey      Kelley       Milbert      Rukavina     
Dorn         Kelso        Munger       Sarna        
Entenza      Kinkel       Murphy       Schumacher   
Farrell      Knoblach     Ness         Skoglund     

Olson, M., moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 92, after line 13, insert:

"Section 1. Minnesota Statutes 1994, section 120.101, subdivision 8, is amended to read:

Subd. 8. [ASSESSMENT OF PERFORMANCE IN OTHER THAN PUBLIC SCHOOLS.] (a) Each year the performance of every child who is not enrolled in a public school must be assessed using a nationally norm-referenced standardized achievement examination. The superintendent of the district in which the child receives instruction and the person in charge of the child's instruction must agree about the specific examination to be used and the administration and location of the examination.

(b) To the extent the examination in paragraph (a) does not provide assessment in all of the subject areas in subdivision 6, the parent must assess the child's performance in the applicable subject area. This requirement applies only to a parent who provides instruction and does not meet the requirements of subdivision 7, clause (1), (2), or (3).

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's performance on the total battery score is at or below the 30th percentile or one grade level below the performance level for children of the same age, the parent shall obtain additional evaluation of the child's abilities and performance for the purpose of determining whether the child has learning problems.

(d) A child receiving instruction from a nonpublic school, person, or institution that is accredited by an accrediting agency, recognized according to section 123.935, subdivision 7, or recognized by the state board of education, is exempt from the requirements of this subdivision.

Sec. 2. Minnesota Statutes 1994, section 120.101, is amended by adding a subdivision to read:

Subd. 8a. [LOCALLY CONTROLLED GRADUATION RULE.] (a) As an alternative to the requirements of the graduation rule adopted under section 121.11, subdivision 7c, a school district may formally elect to implement locally controlled graduation requirements under this subdivision. Those school districts electing the locally controlled graduation rule are bound by the requirements of this subdivision and are not bound by the requirements of the graduation rule adopted under section 121.11, subdivision 7c.

(b) Public schools shall annually assess the performance of every child enrolled in public school in grades 3 through 8 using a nationally norm-referenced standardized achievement examination. The local school board shall annually select the examination for each grade level. School officials shall place children's test results in their education records.

(c) Each local school board shall establish a written policy indicating what assistance the school district will make available to children and their parents when a child's total battery score on an achievement examination is at or below the thirtieth percentile.

(d) Only a school district may enter in an agreement with a testing company for the purpose of assessing children's performance under this subdivision.

(e) A local school board shall preserve for five years from the date children complete an achievement examination all aggregate assessment data measuring children's performance on that examination. The school board shall make the data available to the public in a timely and accessible manner."

Page 94, after line 8, insert:

"(g) As an alternative to the graduation requirements under this subdivision, a school district may formally elect to implement locally controlled graduation requirements under section 120.101, subdivision 8a. Districts bound by the requirements under section 120.101, subdivision 8a, are not bound by the requirements under this subdivision."

Page 105, line 4, strike "a" and insert "an evaluation"

Page 105, line 5, strike "adopted according to section"; delete "123.972";

Page 105, line 6, strike "subdivision"

Page 105, line 8, delete "2"

Page 105, line 15, delete "graduation"

Page 105, line 17, delete "graduation"

Page 105, line 19, reinstate the stricken word "evaluation"

Page 105, line 20, strike "under section"

Page 105, line 21, delete "123.972"; strike the first and last commas and the word "subdivision"; delete "2"

Page 105, line 27, strike the second "the" and insert "a"

Page 105, line 28, strike "required by section" and "subdivision"; delete "123.972" and "5"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called. There were 36 yeas and 97 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Gunther      Lindner      Ozment       Tuma
Boudreau     Haas         Mares        Paulsen      Van Engen
Broecker     Hackbarth    McElroy      Pawlenty     Worke
Carlson, S.  Holsten      Molnau       Pellow       Workman 
Commers      Johnson, V.  Mulder       Rukavina     
Davids       Knight       Olson, M.    Stanek       
Dehler       Krinkie      Onnen        Swenson, D.  
Finseth      Larsen       Osskopp      Tompkins     

Abrams       Farrell      Kinkel       Ness         Solberg
Anderson, R. Frerichs     Knoblach     Olson, E.    Sviggum
Bakk         Garcia       Koppendrayer Opatz        Swenson, H.
Bertram      Girard       Kraus        Orenstein    Sykora
Bettermann   Goodno       Leighton     Orfield      Tomassoni
Bishop       Greenfield   Leppik       Osthoff      Trimble
Bradley      Greiling     Lieder       Ostrom       Tunheim
Brown        Harder       Long         Otremba      Van Dellen
Carlson, L.  Hasskamp     Lourey       Pelowski     Vickerman
Carruthers   Hausman      Luther       Perlt        Wagenius
Clark        Huntley      Lynch        Peterson     Warkentin
Cooper       Jaros        Macklin      Pugh         Weaver
Daggett      Jefferson    Mahon        Rest         Wejcman
Dauner       Jennings     Mariani      Rhodes       Wenzel
Dawkins      Johnson, A.  Marko        Rostberg     Winter
Delmont      Johnson, R.  McCollum     Sarna        Wolf
Dempsey      Kahn         McGuire      Schumacher   Sp.Anderson,I
Dorn         Kalis        Milbert      Seagren      
Entenza      Kelley       Munger       Skoglund     
Erhardt      Kelso        Murphy       Smith        

Lindner moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 181, after line 12, insert:

"Sec. 7. [UNFUNDED SCHOOL MANDATE PROHIBITION.]

Subdivision 1. [DEFINITION.] As used in this section, "mandate" means those programs and procedures required by state law or rule to be financed, delivered, or performed by school districts. Mandate includes federal programs to the extent the state elects to impose them as a mandate on school districts but does not include federal mandates for which there is no substantial state discretion.

Subd. 2. [FUNDING OF THE COST OF MANDATES.] If the fiscal note prepared by the commissioner of finance under Minnesota Statutes, section 3.982, indicates that a new or expanded mandate in a bill introduced in the legislature will impose a statewide cost on school districts in excess of $500,000, the school districts are not required to implement the mandate unless the legislature, by appropriation enacted before the mandate is required to be implemented, provides reimbursement to the school districts for the costs incurred."

Page 181, line 13, delete "7" and insert "8"

A roll call was requested and properly seconded.

The question was taken on the Lindner amendment and the roll was called. There were 100 yeas and 32 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Olson, M.    Stanek
Anderson, B. Frerichs     Larsen       Onnen        Sviggum
Anderson, R. Girard       Leighton     Orenstein    Swenson, D.
Bettermann   Goodno       Leppik       Osskopp      Swenson, H.
Bishop       Gunther      Lieder       Otremba      Sykora
Boudreau     Haas         Lindner      Ozment       Tompkins
Bradley      Hackbarth    Long         Paulsen      Trimble
Broecker     Harder       Luther       Pawlenty     Tuma
Carlson, S.  Hasskamp     Lynch        Pellow       Tunheim
Commers      Hausman      Macklin      Pelowski     Van Dellen
Cooper       Holsten      Mahon        Perlt        Van Engen
Daggett      Jefferson    Mares        Peterson     Vickerman
Dauner       Johnson, V.  Mariani      Pugh         Wagenius
Davids       Kalis        McElroy      Rest         Warkentin
Dehler       Kelso        Milbert      Rhodes       Weaver
Delmont      Kinkel       Molnau       Rostberg     Wenzel
Dempsey      Knight       Mulder       Sarna        Winter
Dorn         Knoblach     Murphy       Schumacher   Wolf
Erhardt      Koppendrayer Ness         Seagren      Worke
Farrell      Kraus        Olson, E.    Smith        Workman 

Bakk         Entenza      Johnson, R.  Munger       Solberg
Bertram      Garcia       Kahn         Opatz        Tomassoni
Brown        Greenfield   Kelley       Orfield      Wejcman
Carlson, L.  Greiling     Lourey       Osthoff      Sp.Anderson,I
Carruthers   Huntley      Marko        Ostrom       
Clark        Jennings     McCollum     Rukavina     
Dawkins      Johnson, A.  McGuire      Skoglund     

McElroy; Molnau; Carlson, S.; Frerichs; Mares and Hackbarth moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 124, after line 14, insert:

"Sec. 9. [126.091] [MOMENT OF SILENCE.]

Each day in all public schools the teacher in charge of the room in which the first class of the day is held may announce that a moment of silence may be observed and during this moment silence may be maintained and no activity engaged in."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the McElroy et al amendment and the roll was called. There were 102 yeas and 31 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Krinkie      Osskopp      Swenson, H.
Anderson, R. Frerichs     Larsen       Ostrom       Sykora
Bakk         Girard       Lieder       Otremba      Tomassoni
Bertram      Goodno       Lindner      Ozment       Tompkins
Bettermann   Gunther      Luther       Paulsen      Trimble
Bishop       Haas         Lynch        Pawlenty     Tuma
Boudreau     Hackbarth    Macklin      Pellow       Tunheim
Bradley      Harder       Mahon        Pelowski     Van Dellen
Broecker     Hasskamp     Mares        Perlt        Van Engen
Carlson, S.  Holsten      McCollum     Peterson     Vickerman
Carruthers   Jefferson    McElroy      Pugh         Warkentin
Commers      Jennings     McGuire      Rest         Weaver
Cooper       Johnson, R.  Milbert      Rostberg     Wenzel
Daggett      Johnson, V.  Molnau       Sarna        Winter
Dauner       Kalis        Mulder       Schumacher   Wolf
Davids       Kelso        Murphy       Seagren      Worke
Dehler       Kinkel       Ness         Smith        Workman
Delmont      Knight       Olson, E.    Solberg      Sp.Anderson,I
Dempsey      Knoblach     Olson, M.    Stanek       
Dorn         Koppendrayer Onnen        Sviggum      
Farrell      Kraus        Opatz        Swenson, D.  

Abrams       Garcia       Kahn         Marko        Skoglund
Brown        Greenfield   Kelley       Munger       Wagenius
Carlson, L.  Greiling     Leighton     Orenstein    Wejcman 
Clark        Hausman      Leppik       Orfield      
Dawkins      Huntley      Long         Osthoff      
Entenza      Jaros        Lourey       Rhodes       
Erhardt      Johnson, A.  Mariani      Rukavina     

The Speaker resumed the Chair.

Broecker and Mares moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 69, line 6, after the period, insert "Reading mentorship programs may be included in the plan for grants under this section."

The motion prevailed and the amendment was adopted.

Sykora offered an amendment to H. F. No. 2156, the third engrossment, as amended.

Entenza raised a point of order pursuant to rule 3.10 that the Sykora amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

Seagren moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 103, delete lines 30 to 36

Renumber the subdivisions in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Seagren amendment and the roll was called. There were 122 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Kraus        Olson, M.    Solberg
Anderson, B. Goodno       Krinkie      Onnen        Stanek
Anderson, R. Greiling     Larsen       Opatz        Sviggum
Bakk         Gunther      Leppik       Orenstein    Swenson, D.
Bertram      Haas         Lieder       Orfield      Swenson, H.
Bettermann   Hackbarth    Lindner      Osskopp      Sykora
Bishop       Harder       Long         Osthoff      Tomassoni
Boudreau     Hasskamp     Lourey       Ostrom       Tompkins
Bradley      Hausman      Luther       Otremba      Trimble
Broecker     Holsten      Lynch        Ozment       Tuma
Carlson, L.  Huntley      Macklin      Paulsen      Tunheim
Carlson, S.  Jaros        Mahon        Pawlenty     Van Dellen
Commers      Jefferson    Mares        Pellow       Van Engen
Cooper       Jennings     Mariani      Pelowski     Vickerman
Daggett      Johnson, A.  Marko        Perlt        Warkentin
Dauner       Johnson, R.  McCollum     Peterson     Weaver
Davids       Johnson, V.  McElroy      Pugh         Wenzel
Dehler       Kahn         McGuire      Rest         Winter
Delmont      Kalis        Milbert      Rhodes       Wolf
Dempsey      Kelley       Molnau       Rostberg     Worke
Dorn         Kelso        Mulder       Rukavina     Workman
JOURNAL OF THE HOUSE - 85th Day - Top of Page 7641

Erhardt      Kinkel       Munger       Sarna        Sp.Anderson,I
Farrell      Knight       Murphy       Schumacher   
Finseth      Knoblach     Ness         Seagren      
Frerichs     Koppendrayer Olson, E.    Smith        

Brown        Dawkins      Greenfield   Wagenius     
Carruthers   Entenza      Leighton     Wejcman      
Clark        Garcia       Skoglund     

Ness moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 57, after line 24, insert:

"Sec. 2. [120.0632] [CONTRACT.]

A school district that dismisses a student under the pupil fair dismissal act may contract with another school to provide instructional services to the pupil consistent with a statutory alternative education program."

Page 65, after line 28, insert:

"Sec. 12. Minnesota Statutes 1995 Supplement, section 127.32, is amended to read:

127.32 [APPEAL.]

An exclusion or expulsion decision made pursuant to sections 127.26 to 127.39 may be appealed to the commissioner of children, families, and learning within five days. The commissioner or the commissioner's representative shall make a final decision based upon a record of evidence presented at the hearing within ten days of receipt of the appeal. Such ruling shall be binding upon the parties, subject to judicial review as provided in section 127.33."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Seagren; Johnson, A., and Anderson, B., moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 45, after line 26, insert:

"Sec. 5. [120.187] [DEFINITION.]

Subdivision 1. [APPLICABILITY.] For the purposes of sections 120.187 to 120.190, the following terms have the meanings given them.

Subd. 2. [ASSISTIVE TECHNOLOGY DEVICE.] "Assistive technology device" means any item, piece of equipment, software, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities.

Sec. 6. [120.188] [PURCHASING GUIDELINES.]

Subdivision 1. [RIGHTS OF SCHOOL DISTRICTS TO PURCHASE SCHOOL-OWNED ASSISTIVE TECHNOLOGY.] (a) When a child with a disability exits a school district and enters a new school district, the child's new school district may purchase any assistive technology devices that the child's former school district has purchased on the child's behalf. The child's new school district must notify, in writing, the child's former school district of the intent to purchase the device. The child's new school district must complete a purchase agreement according to section 8. The child's former school district must respond, in writing, to the request to purchase within 30 days.

(b) School districts may decline to sell a device if they can demonstrate the technology is a general use device or can be modified for use by other students.

Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The child's former school district shall not be liable for any nonconformities in the equipment after it is purchased by the child's new school district, or for injuries arising out of the use of the assistive technology device. This section does not foreclose the child's right to bring suit against the manufacturer, assistive device lessor, or assistive device dealer for nonconformities in or injuries arising out of the use of the assistive technology device.

Subd. 3. [THIRD-PARTY PAYORS.] Nothing contained in this section shall be construed as decreasing the obligation of an insurance company or other third-party payor to provide coverage for assistive technology.

Sec. 7. [120.189] [INTERAGENCY AGREEMENT TO PURCHASE USED ASSISTIVE TECHNOLOGY DEVICES.]

Subdivision 1. [OPTION TO PURCHASE BY DEPARTMENT OF ECONOMIC SECURITY.] (a) When a child with a disability transitions into a work environment or enrolls in a post-secondary course or program, the department of economic security may purchase any assistive technology device that the child's former school district purchased on the child's behalf.

(b) The rehabilitation services division of the department of economic security may purchase an assistive technology device initially purchased by a school district for a child who is currently a recipient of rehabilitation services and who needs the identical assistive technology device as stated on the recipient's individual written rehabilitation plan. The purchase may be made not more than three months prior to the child exiting the school district.

Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The department of economic security and the department of children, families, and learning shall not be liable for any nonconformities in the equipment after it is purchased by the rehabilitation services division of the department of economic security, or for injuries arising out of the use of the assistive technology device. This section does not foreclose the child's right to bring suit against the manufacturer, assistive device lessor, or assistive device dealer for nonconformities in or injuries arising out of the use of the assistive technology device.

Subd. 3. [THIRD-PARTY PAYOR.] Nothing contained in this section shall be construed as decreasing the obligation of an insurance company or other third-party payor to provide coverage for assistive technology.

Sec. 8. [120.190] [PURCHASE AGREEMENT; PRICE FORMULA.]

The commissioner shall develop guidelines for the sale of used assistive technology including a purchase agreement, a formula for establishing the sale price, and other terms and conditions of the sale."

Page 57, line 13, delete "5 to 8, 17, and 22" and insert "9 to 12, 21, and 26"

Page 57, line 15, delete "24" and insert "28" and delete "25" and insert "29"

Renumber the sections in sequence and correct cross references

The motion prevailed and the amendment was adopted.

Ness moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 74, line 22, delete subdivision 3

Page 108, line 3, delete subdivision 2

Page 108, line 6, delete subdivision 3

Page 143, after line 10, insert:

"Sec. 4. [124C.75] [COMPUTER HARDWARE AND TELECOMMUNICATIONS HARDWARE GRANTS TO DISTRICTS.]

Subdivision 1. [PUBLIC AND PRIVATE PARTNERSHIP.] A program is established to promote public and private partnership with school districts for the purchase of computer hardware, network hardware, and telecommunications hardware.

Subd. 2. [PROGRAM ADMINISTRATION.] The commissioner of the department of children, families, and learning shall establish guidelines and an application process to distribute funds to school districts that obtain matching funds from either a public or private source for purchase of new computer, network, or telecommunications hardware. Hardware purchased under this program must be used for support of classroom instruction, the implementation of computer networks, or support of telecommunications connectivity. Funding for this program shall be provided to school districts on the basis of a per pupil formula. School districts shall provide 40 percent of the purchase costs of equipment through local funds, matching funds, or both, and the department shall provide 60 percent of the purchase costs through the per pupil formula. The commissioner shall establish a process to distribute any unallocated funds.

Page 150, after line 35, insert:

Subd 6. [COMPUTER HARDWARE, NETWORK HARDWARE, AND TELECOMMUNICATIONS HARDWARE GRANTS TO SCHOOL DISTRICTS.] For computer hardware, network hardware, and telecommunications hardware grants to school districts under section 4:

$ 4,550,000 ..... 1997

The appropriation does not cancel and is available until expended."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Ness amendment and the roll was called. There were 62 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Ozment       Tompkins
Anderson, B. Frerichs     Larsen       Paulsen      Tuma
Bettermann   Girard       Lindner      Pawlenty     Van Dellen
Bishop       Goodno       Lynch        Pellow       Van Engen
Boudreau     Gunther      Macklin      Pelowski     Vickerman
Bradley      Haas         Mares        Rostberg     Warkentin
Broecker     Hackbarth    McElroy      Seagren      Weaver
Carlson, S.  Harder       Molnau       Smith        Wolf
Commers      Holsten      Mulder       Stanek       Worke
Daggett      Johnson, V.  Ness         Sviggum      Workman 
Davids       Knight       Olson, M.    Swenson, D.  
Dempsey      Knoblach     Onnen        Swenson, H.  
Erhardt      Koppendrayer Osskopp      Sykora       

Anderson, R. Garcia       Kinkel       Olson, E.    Skoglund
Bakk         Greenfield   Krinkie      Opatz        Solberg
Bertram      Greiling     Leighton     Orenstein    Tomassoni
Brown        Hasskamp     Leppik       Orfield      Trimble
Carlson, L.  Hausman      Lieder       Osthoff      Tunheim
Carruthers   Huntley      Long         Ostrom       Wagenius
JOURNAL OF THE HOUSE - 85th Day - Top of Page 7644

Clark        Jaros        Lourey       Otremba      Wejcman
Cooper       Jefferson    Luther       Perlt        Wenzel
Dauner       Jennings     Mahon        Peterson     Winter
Dawkins      Johnson, A.  Mariani      Pugh         Sp.Anderson,I
Dehler       Johnson, R.  Marko        Rest         
Delmont      Kahn         McCollum     Rhodes       
Dorn         Kalis        McGuire      Rukavina     
Entenza      Kelley       Munger       Sarna        
Farrell      Kelso        Murphy       Schumacher   

Sviggum moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 130, after line 4, insert:

"(d) Minnesota Statutes 1995 Supplement, section 124A.22, subdivision 2a, is repealed."

Pages 164 to 166, delete section 22

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 61 yeas and 72 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Paulsen      Tuma
Anderson, B. Frerichs     Leppik       Pawlenty     Van Dellen
Bettermann   Girard       Lindner      Pellow       Van Engen
Bishop       Goodno       Lynch        Pugh         Vickerman
Boudreau     Gunther      Macklin      Rhodes       Warkentin
Bradley      Haas         McElroy      Rostberg     Weaver
Broecker     Hackbarth    Milbert      Seagren      Wolf
Carlson, S.  Harder       Molnau       Smith        Worke
Commers      Johnson, V.  Mulder       Stanek       Workman 
Daggett      Kelso        Olson, E.    Sviggum      
Davids       Knight       Olson, M.    Swenson, H.  
Dehler       Koppendrayer Osskopp      Sykora       
Erhardt      Kraus        Ozment       Tompkins     

Anderson, R. Garcia       Kinkel       Murphy       Schumacher
Bakk         Greenfield   Knoblach     Ness         Skoglund
Bertram      Greiling     Larsen       Onnen        Solberg
Brown        Hasskamp     Leighton     Opatz        Swenson, D.
Carlson, L.  Hausman      Lieder       Orenstein    Tomassoni
Carruthers   Holsten      Long         Orfield      Trimble
Clark        Huntley      Lourey       Osthoff      Tunheim
Cooper       Jaros        Luther       Ostrom       Wagenius
Dauner       Jefferson    Mahon        Otremba      Wejcman
Dawkins      Jennings     Mares        Pelowski     Wenzel
Delmont      Johnson, A.  Mariani      Perlt        Winter
Dempsey      Johnson, R.  Marko        Peterson     Sp.Anderson,I
Dorn         Kahn         McCollum     Rest         
Entenza      Kalis        McGuire      Rukavina     
Farrell      Kelley       Munger       Sarna        

Knight, Workman and Seagren moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 37, after line 10, insert:

"Sec. 15. [SPECIAL EDUCATION.]

Notwithstanding Minnesota Statutes, section 120.17, or any other law to the contrary, a public school teacher may provide special education to a nonpublic school student on the premises of the nonpublic school."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knight et al amendment and the roll was called. There were 57 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Abrams       Dempsey      Krinkie      Ozment       Tuma
Anderson, B. Erhardt      Larsen       Paulsen      Van Dellen
Bettermann   Frerichs     Lindner      Pawlenty     Van Engen
Bishop       Girard       Lynch        Pellow       Vickerman
Boudreau     Haas         Mares        Rostberg     Warkentin
Bradley      Hackbarth    McElroy      Seagren      Weaver
Broecker     Holsten      Molnau       Stanek       Wolf
Carlson, S.  Johnson, V.  Mulder       Sviggum      Worke
Commers      Knight       Olson, M.    Swenson, D.  Workman 
Daggett      Knoblach     Onnen        Swenson, H.  
Davids       Koppendrayer Osskopp      Sykora       
Dehler       Kraus        Osthoff      Tompkins     

Anderson, R. Goodno       Kinkel       Ness         Skoglund
Bakk         Greenfield   Leighton     Olson, E.    Smith
Bertram      Greiling     Leppik       Opatz        Solberg
Brown        Gunther      Lieder       Orenstein    Tomassoni
Carlson, L.  Harder       Long         Orfield      Trimble
Carruthers   Hasskamp     Lourey       Ostrom       Tunheim
Clark        Huntley      Luther       Otremba      Wagenius
Cooper       Jaros        Macklin      Pelowski     Wejcman
Dauner       Jefferson    Mahon        Perlt        Wenzel
Dawkins      Jennings     Mariani      Peterson     Winter
Delmont      Johnson, A.  Marko        Pugh         Sp.Anderson,I
Dorn         Johnson, R.  McCollum     Rest         
Entenza      Kahn         McGuire      Rhodes       
Farrell      Kalis        Milbert      Rukavina     
Finseth      Kelley       Munger       Sarna        
Garcia       Kelso        Murphy       Schumacher   

Ness moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Pages 72 and 73, delete section 16

Page 73, line 32, delete "17" and insert "16"

Page 74, line 6, delete "18" and insert "17"

Page 74, line 28, delete "19" and insert "18"

Page 74, line 30, delete "16, and 18" and insert "and 17"

The motion did not prevail and the amendment was not adopted.

Harder moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 25, after line 16, insert:

"Sec. 32. [TECHNOLOGY RELATED FUND BALANCE TRANSFER; MOUNTAIN LAKE.]

Subdivision 1. [NO FUND BALANCE REDUCTION.] Notwithstanding Minnesota Statutes, section 124A.26, independent school district No. 173, Mountain Lake, must not receive a levy adjustment for general education revenue according to that section for fiscal year 1996."

Page 25, after line 27, insert:

"Section 32 is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Koppendrayer moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 95, delete lines 1 to 36

Page 96, delete lines 1 to 31

Page 106, delete lines 4 to 36

Page 107, delete lines 1 to 33

Page 108, delete lines 6 to 19 and lines 21 to 29

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Abrams moved that the vote whereby the Koppendrayer amendment to H. F. No. 2156, the third engrossment, as amended, which was not passed earlier today be now reconsidered.

A roll call was requested and properly seconded.

On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams       Erhardt      Knight       Ness         Stanek
Anderson, B. Farrell      Knoblach     Olson, E.    Sviggum
Anderson, R. Finseth      Koppendrayer Olson, M.    Swenson, D.
Bakk         Frerichs     Kraus        Onnen        Swenson, H.
Bertram      Garcia       Krinkie      Opatz        Sykora
Bettermann   Girard       Larsen       Orenstein    Tomassoni
Bishop       Goodno       Leighton     Osskopp      Tompkins
Boudreau     Greenfield   Leppik       Osthoff      Trimble
Bradley      Gunther      Lieder       Ostrom       Tuma
Broecker     Haas         Lindner      Otremba      Tunheim
Brown        Hackbarth    Long         Ozment       Van Dellen
Carlson, L.  Harder       Lourey       Paulsen      Van Engen
Carlson, S.  Hasskamp     Luther       Pawlenty     Vickerman
Carruthers   Holsten      Lynch        Pellow       Wagenius
Clark        Huntley      Macklin      Pelowski     Warkentin
Commers      Jaros        Mahon        Perlt        Weaver
Cooper       Jefferson    Mares        Peterson     Wejcman
Daggett      Jennings     Mariani      Pugh         Wenzel
Dauner       Johnson, A.  Marko        Rest         Winter
Davids       Johnson, R.  McCollum     Rhodes       Wolf
Dawkins      Johnson, V.  McElroy      Rostberg     Worke
JOURNAL OF THE HOUSE - 85th Day - Top of Page 7647

Dehler       Kahn         McGuire      Rukavina     Workman
Delmont      Kalis        Milbert      Seagren      Sp.Anderson,I
Dempsey      Kelley       Molnau       Skoglund     
Dorn         Kelso        Mulder       Smith        
Entenza      Kinkel       Murphy       Solberg      

The question recurred on the Abrams motion and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Olson, M.    Swenson, D.
Anderson, B. Finseth      Kraus        Onnen        Swenson, H.
Bettermann   Frerichs     Krinkie      Osskopp      Sykora
Bishop       Girard       Larsen       Ozment       Tompkins
Boudreau     Goodno       Leppik       Paulsen      Tuma
Bradley      Gunther      Lindner      Pawlenty     Van Dellen
Broecker     Haas         Lynch        Pellow       Van Engen
Carlson, S.  Hackbarth    Macklin      Rhodes       Vickerman
Commers      Harder       Mares        Rostberg     Warkentin
Daggett      Holsten      McElroy      Seagren      Weaver
Davids       Johnson, V.  Molnau       Smith        Wolf
Dehler       Knight       Mulder       Stanek       Worke
Dempsey      Knoblach     Ness         Sviggum      Workman 

Anderson, R. Garcia       Kelso        Murphy       Skoglund
Bakk         Greenfield   Kinkel       Olson, E.    Solberg
Bertram      Greiling     Leighton     Opatz        Tomassoni
Brown        Hasskamp     Lieder       Orenstein    Trimble
Carlson, L.  Hausman      Long         Osthoff      Tunheim
Carruthers   Huntley      Lourey       Ostrom       Wagenius
Clark        Jaros        Luther       Otremba      Wejcman
Cooper       Jefferson    Mahon        Pelowski     Wenzel
Dauner       Jennings     Mariani      Perlt        Winter
Dawkins      Johnson, A.  Marko        Peterson     Sp.Anderson,I
Delmont      Johnson, R.  McCollum     Pugh         
Dorn         Kahn         McGuire      Rest         
Entenza      Kalis        Milbert      Rukavina     
Farrell      Kelley       Munger       Schumacher   

Koppendrayer moved to amend H. F. No. 2156, the third engrossment, as amended, as follows:

Page 57, line 7, delete section 27

A roll call was requested and properly seconded.

The question was taken on the Koppendrayer amendment and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 58 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Molnau       Sykora
Anderson, B. Finseth      Knoblach     Mulder       Tuma
Bettermann   Frerichs     Koppendrayer Olson, M.    Van Dellen
Bishop       Girard       Kraus        Onnen        Van Engen
Boudreau     Goodno       Krinkie      Paulsen      Vickerman
Bradley      Greiling     Larsen       Pellow       Warkentin
Broecker     Hackbarth    Lynch        Rostberg     Weaver
Carlson, S.  Harder       Macklin      Seagren      Wolf
Commers      Hasskamp     Mahon        Smith        Worke
Daggett      Holsten      Mares        Sviggum      Workman 
Dauner       Johnson, V.  McElroy      Swenson, D.  
Davids       Kelso        McGuire      Swenson, H.  

Anderson, R. Garcia       Leighton     Opatz        Schumacher
Bakk         Greenfield   Leppik       Orenstein    Skoglund
Bertram      Gunther      Lieder       Osskopp      Solberg
Brown        Haas         Lindner      Osthoff      Stanek
Carlson, L.  Hausman      Long         Ostrom       Tomassoni
Carruthers   Huntley      Lourey       Otremba      Tompkins
Clark        Jaros        Luther       Ozment       Trimble
Cooper       Jefferson    Mariani      Pawlenty     Tunheim
Dawkins      Jennings     Marko        Pelowski     Wagenius
Dehler       Johnson, A.  McCollum     Perlt        Wejcman
Delmont      Johnson, R.  Milbert      Peterson     Wenzel
Dempsey      Kahn         Munger       Pugh         Winter
Dorn         Kalis        Murphy       Rest         Sp.Anderson,I
Entenza      Kelley       Ness         Rhodes       
Farrell      Kinkel       Olson, E.    Rukavina     

Lindner offered an amendment to H. F. No. 2156, the third engrossment, as amended.

Osskopp offered an amendment to the Lindner amendment to H. F. No. 2156, the third engrossment, as amended.

Osthoff raised a point of order pursuant to rule 3.09 that the amendments were not in order. The Speaker ruled the point of order well taken and the amendments out of order.

Sviggum appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

Carruthers moved that those not voting be excused from voting. The motion prevailed.

There were 67 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Frerichs     Kelso        Munger       Schumacher
Bakk         Garcia       Kinkel       Murphy       Skoglund
Bertram      Greenfield   Leighton     Olson, E.    Solberg
Brown        Greiling     Leppik       Opatz        Tomassoni
Carlson, L.  Hausman      Lieder       Orenstein    Trimble
Carruthers   Huntley      Long         Osthoff      Tunheim
Clark        Jaros        Lourey       Ostrom       Wagenius
JOURNAL OF THE HOUSE - 85th Day - Top of Page 7649

Cooper       Jefferson    Luther       Otremba      Wejcman
Dauner       Jennings     Mahon        Pelowski     Wenzel
Dawkins      Johnson, A.  Mariani      Perlt        Winter
Delmont      Johnson, R.  Marko        Peterson     Sp.Anderson,I
Dorn         Kahn         McCollum     Pugh         
Entenza      Kalis        McGuire      Rest         
Farrell      Kelley       Milbert      Rukavina     

Abrams       Erhardt      Kraus        Osskopp      Tompkins
Anderson, B. Finseth      Krinkie      Paulsen      Tuma
Bettermann   Girard       Larsen       Pawlenty     Van Dellen
Bishop       Goodno       Lindner      Pellow       Van Engen
Boudreau     Gunther      Lynch        Rhodes       Vickerman
Bradley      Haas         Macklin      Rostberg     Warkentin
Broecker     Hackbarth    Mares        Seagren      Weaver
Carlson, S.  Harder       McElroy      Smith        Wolf
Commers      Holsten      Molnau       Stanek       Worke
Daggett      Johnson, V.  Mulder       Sviggum      Workman 
Davids       Knight       Ness         Swenson, D.  
Dehler       Knoblach     Olson, M.    Swenson, H.  
Dempsey      Koppendrayer Onnen        Sykora       

H. F. No. 2156, A bill for an act relating to education; prekindergarten through grade 12; providing for general education; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other education programs and financing; education policy provisions; libraries; state agencies; technology; conforming amendments; budget reserve and cost management; appropriating money; amending Minnesota Statutes 1994, sections 120.06, subdivision 1; 120.08, subdivision 3; 120.101, by adding a subdivision; 120.17, subdivision 9; 120.1701, subdivision 10; 120.73, subdivision 1; 121.11, subdivision 15; 121.8355, subdivision 1; 121.906; 121.914, subdivision 1; 121.915; 122.32, subdivision 1; 122.535, subdivision 6; 122.895, subdivision 2; 123.35, subdivision 19a; 123.351, subdivision 10; 123.3514, subdivision 9; 123.37, subdivision 1a; 123.38, subdivisions 2 and 2b; 123.932, subdivisions 1b, 1c, 1e, and 11; 123.933, as amended; 123.935, subdivisions 2 and 7; 123.951; 124.09; 124.155, subdivision 1; 124.17, subdivision 1e, and by adding subdivisions; 124.19, subdivision 1; 124.195, subdivision 8; 124.239, subdivision 5, and by adding subdivisions; 124.2711, subdivision 6; 124.2713, subdivision 10; 124.273, by adding subdivisions; 124.311, subdivisions 2, 3, 5, and 7; 124.48, subdivision 3; 124.573, subdivisions 2e, 2f, and 3; 124.86, subdivision 1; 124.91, subdivision 1, and by adding a subdivision; 124.912, subdivision 6; 124.916, subdivision 4; 124A.02, subdivision 25; 124A.029, subdivision 4; 124A.03, subdivisions 2b, 3b, and by adding a subdivision; 124A.0311, subdivision 3; 124A.035, subdivision 4; 124A.036, by adding a subdivision; 124A.22, by adding a subdivision; 124A.26, subdivision 1; 125.05, subdivision 1a, and by adding a subdivision; 125.09, subdivision 4; 125.1385, subdivision 1; 125.185, subdivision 4; 125.60, subdivision 2; 125.611, subdivision 1; 126.151, subdivision 2; 127.29, subdivision 2; 134.34, by adding a subdivision; 136D.23, subdivision 1; 136D.83, subdivision 1; 144.4165; 169.4504, by adding a subdivision; and 256.736, subdivision 11; Minnesota Statutes 1995 Supplement, sections 13.46, subdivision 2; 43A.316, subdivision 2; 65B.132; 120.064, subdivision 9; 120.1045; 120.17, subdivisions 3a, 3b, and 6; 120.1701, subdivision 20; 120.181; 120.74, subdivision 1; 121.11, subdivision 7c; 121.15, subdivision 1; 121.904, subdivisions 4a and 4c; 121.911, subdivision 5; 121.917, subdivision 4; 121.935, subdivision 1a; 123.3514, subdivisions 6 and 6b; 124.155, subdivision 2; 124.17, subdivisions 1 and 1d; 124.195, subdivision 12; 124.223, subdivision 4; 124.225, subdivisions 8l, 14, 16, and 17; 124.227; 124.243, subdivision 2; 124.2445; 124.2455; 124.248, subdivisions 1, 1a, 2, and 3; 124.273, subdivisions 1c and 1d; 124.314, subdivision 2; 124.32, subdivision 12; 124.3201, subdivisions 1, 2, 3, and by adding subdivisions; 124.3202; 124.323, subdivisions 1 and 2; 124.574, subdivisions 2f and 2g; 124.71, subdivision 2; 124.912, subdivision 1; 124.961; 124A.0311, subdivision 2; 124A.22, subdivisions 2a, 10, and 13b; 124A.23, subdivision 4; 124C.74, subdivisions 2 and 3; 125.05, subdivision 1; 126.12, subdivision 2; 126.151, subdivision 1; 126.22, subdivisions 2 and 5; 126.70, subdivision 1; 134.46; 169.01, subdivision 6; 237.065; and 631.40, subdivision 1a; Laws 1993, chapter 224, article 1, section 34; article 12, sections 32, as amended; 39, as amended; and 41, as amended; Laws 1995, First Special Session chapter 3, article 1, sections 61; and 63; article 3, section 19, subdivision 15; article 4, section 29, subdivision 5; article 5, section 20, subdivisions 5 and 6; article 6, section 17, subdivisions 2, 4, and by adding subdivisions; article 8, sections 25, subdivision 2; and 27; article 11, sections 21, subdivision 2; 22; and 23; article 12, sections 8, subdivision 1; and 12, subdivision 7; article 14, section 5; and article 15, section 26, subdivisions 7 and 10; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 123; 124; 124A; 124C; 125; and 136D; repealing Minnesota Statutes 1994, sections 124A.03, subdivision 3b; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3;

and 136D.75; Minnesota Statutes 1995 Supplement, sections 120.1045, subdivision 3; 124B.01; 124B.03; and 124B.20, subdivision 1; Minnesota Rules, parts 8700.7700; 8700.7710; 8750.9000; 8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500; 8750.9600; and 8750.9700.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 96 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Farrell      Kinkel       Ness         Smith
Bakk         Finseth      Knoblach     Olson, E.    Solberg
Bertram      Garcia       Larsen       Opatz        Stanek
Broecker     Goodno       Leighton     Orenstein    Swenson, H.
Brown        Greenfield   Leppik       Osskopp      Tomassoni
Carlson, L.  Greiling     Lieder       Osthoff      Tompkins
Carlson, S.  Haas         Long         Ostrom       Trimble
Carruthers   Harder       Lourey       Otremba      Tunheim
Clark        Hasskamp     Luther       Ozment       Vickerman
Commers      Hausman      Macklin      Pawlenty     Wagenius
Cooper       Holsten      Mahon        Pelowski     Warkentin
Daggett      Huntley      Mares        Perlt        Wejcman
Dauner       Jaros        Mariani      Peterson     Wenzel
Davids       Jefferson    Marko        Pugh         Winter
Dawkins      Jennings     McCollum     Rest         Worke
Dehler       Johnson, A.  McElroy      Rhodes       Sp.Anderson,I
Delmont      Johnson, R.  McGuire      Rostberg     
Dempsey      Kalis        Milbert      Rukavina     
Dorn         Kelley       Munger       Schumacher   
Entenza      Kelso        Murphy       Skoglund     

Abrams       Frerichs     Kraus        Onnen        Tuma
Anderson, B. Girard       Krinkie      Paulsen      Van Dellen
Bettermann   Gunther      Lindner      Pellow       Van Engen
Bishop       Hackbarth    Lynch        Seagren      Weaver
Boudreau     Johnson, V.  Molnau       Sviggum      Wolf
Bradley      Knight       Mulder       Swenson, D.  Workman 
Erhardt      Koppendrayer Olson, M.    Sykora       

Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.

S. F. No. 2813 was reported to the House.

Daggett moved to amend S. F. No. 2813 as follows:

Page 1, line 10, delete the second comma and strike "the removal,"

Page 1, line 11, strike the old language

Page 1, line 12, strike the old language and delete the new language before the period

The motion prevailed and the amendment was adopted.

S. F. No. 2813, A bill for an act relating to commerce; regulating heavy and utility equipment manufacturers and dealers; modifying the definition of truck parts; amending Minnesota Statutes 1994, section 325E.068, subdivision 7.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Stanek
Anderson, B. Finseth      Knoblach     Olson, E.    Sviggum
Anderson, R. Frerichs     Koppendrayer Olson, M.    Swenson, D.
Bakk         Garcia       Kraus        Onnen        Swenson, H.
Bertram      Girard       Krinkie      Opatz        Sykora
Bettermann   Goodno       Larsen       Orenstein    Tomassoni
Bishop       Greenfield   Leighton     Osskopp      Tompkins
Boudreau     Greiling     Leppik       Osthoff      Trimble
Bradley      Gunther      Lieder       Ostrom       Tuma
Broecker     Haas         Lindner      Otremba      Tunheim
Brown        Hackbarth    Long         Ozment       Van Dellen
Carlson, L.  Harder       Lourey       Paulsen      Van Engen
Carlson, S.  Hasskamp     Luther       Pawlenty     Vickerman
Carruthers   Hausman      Lynch        Pellow       Wagenius
Clark        Holsten      Macklin      Pelowski     Warkentin
Commers      Huntley      Mahon        Perlt        Weaver
Cooper       Jaros        Mares        Peterson     Wejcman
Daggett      Jefferson    Mariani      Pugh         Wenzel
Dauner       Jennings     Marko        Rest         Winter
Davids       Johnson, A.  McCollum     Rhodes       Wolf
Dawkins      Johnson, R.  McElroy      Rostberg     Worke
Dehler       Johnson, V.  McGuire      Rukavina     Workman
Delmont      Kahn         Milbert      Schumacher   Sp.Anderson,I
Dempsey      Kalis        Molnau       Seagren      
Dorn         Kelley       Mulder       Skoglund     
Entenza      Kelso        Munger       Smith        
Erhardt      Kinkel       Murphy       Solberg      

H. F. No. 2247 was reported to the House.

Pugh moved that H. F. No. 2247 be returned to General Orders. The motion prevailed.

H. F. No. 2701 was reported to the House.

Brown moved that H. F. No. 2701 be returned to General Orders. The motion prevailed.

There being no objection, the order of business reverted to Messages from the Senate.

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2857, 2011 and 2849.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2857, A bill for an act relating to the organization and operation of state government; appropriating money for the general administrative expenses of state government; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16D.02, subdivision 2; 16D.03, subdivisions 2 and 3; 16D.04, subdivision 2; 16D.09; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 144C.03, subdivision 2; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.04, subdivision 1; 16D.06, subdivision 2; 16D.08, subdivision 2; 16D.11, subdivisions 1 and 7; and 16D.12; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7.

The bill was read for the first time and referred to the Committee on Ways and Means.

S. F. No. 2011, A bill for an act relating to crime; providing that whoever flees the scene of an accident in which death or injury occurs is guilty of criminal vehicular operation; prescribing penalties; amending Minnesota Statutes 1994, sections 169.09, subdivision 14; and 609.21, subdivisions 1, 2, 2a, 3, and 4.

The bill was read for the first time and referred to the Committee on Judiciary.

S. F. No. 2849, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; amending Laws 1994, chapter 643, section 69, subdivision 1.

The bill was read for the first time.

Kinkel moved that S. F. No. 2849 and H. F. No. 3239, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

Luther moved that the name of Haas be added as an author on H. F. No. 2663. The motion prevailed.

Hausman moved that the name of Osskopp be added as an author on H. F. No. 3236. The motion prevailed.

Van Engen moved that H. F. No. 2235 be returned to its author. The motion prevailed.

Molnau moved that H. F. No. 2258 be returned to its author. The motion prevailed.

Molnau moved that H. F. No. 2472 be returned to its author. The motion prevailed.

Bettermann moved that H. F. No. 2661 be returned to its author. The motion prevailed.

Haas moved that H. F. No. 2907 be returned to its author. The motion prevailed.

Mulder moved that H. F. No. 3107, now on General Orders, be returned to its author. The motion prevailed.

Bettermann moved that H. F. No. 3126 be returned to its author. The motion prevailed.

Tuma moved that H. F. No. 3171 be returned to its author. The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2207:

Trimble; Johnson, V., and Bakk.

Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Tuesday, February 27, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Tuesday, February 27, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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