Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY OF SEIZED VEHICLE.] All right, title, and interest in a vehicle subject to forfeiture under this section vests in the appropriate agency upon commission of the conduct resulting in the designated offense or designated license revocation giving rise to the forfeiture. Any vehicle seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When a vehicle is so seized, the appropriate agency may:

(1) place the vehicle under seal;

(2) remove the vehicle to a place designated by it;

(3) place a disabling device on the vehicle; and

(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.

Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may, subject to the approval of the appropriate agency, give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized vehicle. On posting the security or bond, the seized vehicle may be returned to the owner only if a disabling device is attached to the vehicle. The forfeiture action shall proceed against the security as if it were the seized vehicle.

Subd. 5. [EVIDENCE.] Certified copies of court records and motor vehicle and driver's license records concerning prior impaired driving convictions and prior license revocations are admissible as substantive evidence where necessary to prove the commission of a designated offense or the occurrence of a designated license revocation.

Subd. 6. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation.

Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] (a) A vehicle is subject to forfeiture under this section only if:

(1) the driver is convicted of the designated offense upon which the forfeiture is based; or

(2) the driver fails to appear with respect to the designated offense charge in violation of section 609.49; or

(3) the driver's conduct results in a designated license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner as required by section 169.123, subdivision 5b or 5c, or the revocation is sustained under section 169.123, subdivision 5b or 6.

(b) A vehicle encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor took reasonable steps to terminate use of the vehicle by the offender.

(d) A motor vehicle is subject to forfeiture under this section only if its owner knew or should have known of the unlawful use or intended use.

(e) A vehicle subject to a security interest, based upon a loan or other financing arranged by a financial institution, is subject to the interest of the financial institution.

(b) When a motor vehicle is seized under subdivision 2, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership or possessory interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. Notice mailed by certified mail to the address shown in department of public safety records is sufficient notice to the registered owner of the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially the following language must appear conspicuously: "IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM IN CONCILIATION COURT."

(d) Within 60 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, and the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01. If the value of the seized property is less than $500, the claimant may file an action in conciliation court for recovery of the seized vehicle without paying the conciliation court filing fee. No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The proceedings are governed by the rules of civil procedure.

(e) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized and the plaintiff's interest in the vehicle seized. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

(f) If the claimant makes a timely demand for a judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under subdivision 8.

(g) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized vehicle, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order the payment of reasonable costs, expenses, and attorney fees under section 549.21, subdivision 2.

Subd. 8. [JUDICIAL FORFEITURE PROCEDURE.] (a) This subdivision governs judicial determinations of the forfeiture of a motor vehicle used to commit a designated offense is subject to forfeiture under this subdivision or used in conduct resulting in a designated license revocation.

dismiss the complaint against the vehicle and order the property returned to the person legally entitled to it. If the lawful ownership of the vehicle used in the commission of a designated offense or used in conduct resulting in a designated license revocation can be determined and it is found the owner was not privy to commission of a designated offense or was not privy to the conduct resulting in the designated license revocation, the vehicle shall be returned immediately.

Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the vehicle is administratively forfeited under subdivision 7a, or if the court finds under subdivision 8 that the vehicle is subject to forfeiture under subdivisions 6 and 7, it shall order the appropriate agency to shall:

(1) sell the vehicle and distribute the proceeds under paragraph (b); or

(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency's officers who participate in the drug abuse resistance education program.

(b) Except as otherwise provided in paragraph (c), the proceeds from the sale of forfeited vehicles, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the treasury of the political subdivision that employs the appropriate agency responsible for the forfeiture for use in DWI-related enforcement, training and education. If the appropriate agency is an agency of state government, the net proceeds must be forwarded to the state treasury and credited to the general fund These proceeds shall be in addition to and shall not directly displace other funds in the appropriate agency's budget.

(c) The proceeds from the sale of forfeited off-road recreational vehicles and motorboats, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the state treasury and credited to the following funds:

(1) if the forfeited vehicle is a motorboat, the net proceeds must be credited to the water recreation account in the natural resources fund;

(2) if the forfeited vehicle is a snowmobile, the net proceeds must be credited to the snowmobile trails and enforcement account in the natural resources fund;

(3) if the forfeited vehicle is an all-terrain vehicle, the net proceeds must be credited to the all-terrain vehicle account in the natural resources fund; and

(4) if otherwise, the net proceeds must be credited to the general fund.

Sec. 41. Minnesota Statutes 1996, section 169.1218, is amended to read:

169.1218 [UNDERAGE DRINKING AND DRIVING.]

(a) It is a misdemeanor for a person under the age of 21 years to drive or operate a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.

(b) When a person is found to have committed an offense under paragraph (a), the court shall notify the commissioner of public safety of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated paragraph (a) or a statute or ordinance in conformity with paragraph (a).

(c) If the person's conduct violates section 169.121, subdivision 1 or 1a, or 169.1211, the penalties and license sanctions in those laws apply instead of the license sanction in paragraph (b).

Sec. 42. Minnesota Statutes 1996, section 169.123, subdivision 1, is amended to read:

Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of this section, section 169.121, and section 169.1211, the term peace officer means (1) a state patrol officer, (2) University of Minnesota peace officer, (3) a constable as defined in section 367.40, subdivision 3, or (4) police officer of any municipality, including towns having powers under section 368.01, or county, and (5) for purposes of violations of those sections in or on an off-road recreational vehicle or motorboat, a state conservation officer.

Sec. 43. Minnesota Statutes 1996, section 169.123, subdivision 2, is amended to read:

Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] (a) Any person who drives, operates, or is in physical control of a motor vehicle within this state or upon the ice of any boundary water of this state consents, subject to the provisions of this section and sections 169.121 and 169.1211, to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol, controlled substances, or hazardous substances. The test shall be administered at the direction of a peace officer. The test may be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle in violation of section 169.121 and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section 169.121, or an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 169.121, subdivision 6; or

(4) the screening test was administered and indicated an alcohol concentration of 0.10 0.08 or more; or

(5) the screening test was administered and indicated an alcohol concentration of 0.04 or more, if the person is under the age of 21 years at the time of the violation.

The test may also be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.

(b) At the time a test is requested, the person shall be informed:

(1) that Minnesota law requires the person to take a test: (i) to determine if the person is under the influence of alcohol, controlled substances, or hazardous substances; (ii) to determine the presence of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols; and (iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of alcohol;

(2) that refusal to take a test is a crime;

(3) if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person's consent; and

(4) that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

(c) The peace officer who requires a test pursuant to this subdivision may direct whether the test shall be of blood, breath, or urine. Action may be taken against a person who refuses to take a blood test only if an alternative test was offered and action may be taken against a person who refuses to take a urine test only if an alternative test was offered.

Sec. 44. Minnesota Statutes 1996, section 169.123, subdivision 3, is amended to read:

hazardous substances. This limitation does not apply to the taking of a breath or urine sample. The person tested has the right to have someone of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a peace officer; provided, that the additional test sample on behalf of the person is obtained at the place where the person is in custody, after the test administered at the direction of a peace officer, and at no expense to the state.

(b) The failure or inability to obtain an additional test or tests by a person shall not preclude the admission in evidence of the test taken at the direction of a peace officer unless the additional test was prevented or denied by the peace officer.

(c) The physician, medical technician, physician's trained mobile intensive care paramedic, medical technologist, laboratory assistant or registered nurse drawing blood at the request of a peace officer for the purpose of determining the concentration of alcohol, controlled substances, or hazardous substances shall in no manner be liable in any civil or criminal action except for negligence in drawing the blood. The person administering a breath test shall be fully trained in the administration of breath tests pursuant to training given by the commissioner of public safety.

Sec. 45. Minnesota Statutes 1996, section 169.123, subdivision 4, is amended to read:

Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person refuses to permit a test, none shall be given, but the peace officer shall report the refusal to the commissioner of public safety and the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the acts occurred. However, if a peace officer has probable cause to believe that the person has violated section 609.21, a test may be required and obtained despite the person's refusal. A refusal to submit to an alcohol concentration test does not constitute a violation of section 609.50, unless the refusal was accompanied by force or violence or the threat of force or violence.

(b) If a person submits to a test and, the results of that test shall be reported to the commissioner of public safety and to the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the acts occurred, if the test results indicate:

(1) an alcohol concentration of 0.10 0.08 or more;

(2) an alcohol concentration of 0.04 or more, if the person is under the age of 21 years at the time of the violation;

(3) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in physical control of a commercial motor vehicle at the time of the violation; or

(4) the presence of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, or if a person was driving, operating, or in physical control of a commercial motor vehicle and the test results indicate an alcohol concentration of 0.04 or more, the results of the test shall be reported to the commissioner of public safety and to the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the acts occurred.

(c) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169.121 and that the person refused to submit to a test, the commissioner of public safety shall revoke the person's license or permit to drive, or nonresident operating privilege, for a period of one year even if a test was obtained pursuant to this section after the person refused to submit to testing.

(d) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol in violation of section 169.121 or 169.1211, and that the person refused to submit to a test, the commissioner shall disqualify the person from operating a commercial motor vehicle for a period of one year under section 171.165 and shall revoke the person's license or permit to drive or nonresident operating privilege for a period of one year.

in schedule I or II, other than marijuana or tetrahydrocannabinols, then the commissioner of public safety shall revoke the person's license or permit to drive, or nonresident operating privilege:

(1) for a period of 90 days; or

(2) if the person is under the age of 21 years, for a period of six months; or

(3) for a person with a prior impaired driving conviction or prior license revocation within the past five years, for a period of 180 days.

(f) On certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner of public safety shall disqualify the person from operating a commercial motor vehicle under section 171.165.

(g) If the person is a resident without a license or permit to operate a motor vehicle in this state, the commissioner of public safety shall deny to the person the issuance of a license or permit for the same period after the date of the alleged violation as provided herein for revocation, subject to review as hereinafter provided.

(h) As used in this subdivision, the terms "prior impaired driving conviction" and "prior license revocation" have the meanings given in section 169.121, subdivision 3, paragraph (a).

Sec. 46. Minnesota Statutes 1996, section 169.123, subdivision 5a, is amended to read:

Subd. 5a. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On behalf of the commissioner of public safety, a peace officer requiring a test or directing the administration of a chemical test shall serve immediate notice of intention to revoke and of revocation on a person who refuses to permit a test or on a person who submits to a test the results of which indicate:

(1) an alcohol concentration of 0.10 0.08 or more; or

(2) an alcohol concentration of 0.04 or more, if the person is under the age of 21 years at the time of the violation.

(b) On behalf of the commissioner of public safety, a peace officer requiring a test or directing the administration of a chemical test of a person driving, operating, or in physical control of a commercial motor vehicle shall serve immediate notice of intention to disqualify and of disqualification on a person who refuses to permit a test, or on a person who submits to a test the results of which indicate an alcohol concentration of 0.04 or more.

(c) The officer shall either:

(1) take the driver's license or permit, if any, send it to the commissioner of public safety along with the certificate required by subdivision 4, and issue a temporary license effective only for seven days; or

(2) invalidate the driver's license or permit in such a way that no identifying information is destroyed.

Sec. 47. Minnesota Statutes 1996, section 169.123, subdivision 5c, is amended to read:

Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 days following receipt of a notice and order of revocation or disqualification pursuant to this section, a person may petition the court for review. The petition shall be filed with the district court administrator in the county where the alleged offense occurred, together with proof of service of a copy on the commissioner of public safety, and accompanied by the standard filing fee for civil actions. No responsive pleading shall be required of the commissioner of public safety, and no court fees shall be charged for the appearance of the commissioner of public safety in the matter.

(b) The petition shall must:

(2) include the petitioner's date of birth, driver's license number, and date of the offense. The petition shall; and

(3) state with specificity the grounds upon which the petitioner seeks rescission of the order of revocation, disqualification, or denial.

(c) The filing of the petition shall not stay the revocation, disqualification, or denial. The reviewing court may order a stay of the balance of the revocation or disqualification if the hearing has not been conducted within 60 days after filing of the petition upon terms the court deems proper.

(d) Judicial reviews shall be conducted according to the rules of civil procedure except that prehearing discovery is mandatory and includes, but is not limited to:

(1) the notice of revocation;

(2) the test record, or in the case of blood or urine tests, the certificate of analysis;

(3) the peace officer's certificate and any accompanying documentation submitted by the arresting officer to the commissioner of public safety; and

(4) disclosure of potential witnesses, including experts, and the basis of their testimony.

Sec. 48. Minnesota Statutes 1996, section 169.123, subdivision 6, is amended to read:

Subd. 6. [HEARING.] (a) A hearing under this section shall be before a district judge in any county in the judicial district where the alleged offense occurred. The hearing shall be to the court and may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution under section 169.121, if any. The hearing shall be recorded. The commissioner of public safety shall appear and be represented by the attorney general or through the prosecuting authority for the jurisdiction involved. The hearing shall be held at the earliest practicable date, and in any event no later than 60 days following the filing of the petition for review. The judicial district administrator shall establish procedures to ensure efficient compliance with this subdivision. To accomplish this, the administrator may, whenever possible, consolidate and transfer review hearings among the county courts within the judicial district.

(b) The scope of the hearing shall be limited to the issues in clauses (1) to (9) (11):

(1) Did the peace officer have probable cause to believe the person was driving, operating, or in physical control of:

(i) a motor vehicle in violation of section 169.121; or

(ii) a commercial motor vehicle in violation of section 169.1211?

(2) Was the person lawfully placed under arrest for violation of section 169.121 or 169.1211?

(3) Was the person involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death?

(4) Did the person refuse to take a screening test provided for by section 169.121, subdivision 6?

(5) If the screening test was administered, did the test indicate:

(i) an alcohol concentration of 0.10 0.08 or more; or

(ii) an alcohol concentration of 0.04 or more, if the person is under the age of 21 years at the time of the violation?

(7) Did the person refuse to permit the test?

(8) If the person refused to permit the test, was the refusal based upon reasonable grounds?

(9) If a test was taken:

(i) by a person driving, operating, or in physical control of a motor vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.10 0.08 or more at the time of testing;

(ii) an alcohol concentration of 0.04 or more, if the person is under the age of 21 years at the time of the violation; or

(iii) the presence of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols; or?

(ii) (10) If a test was taken by a person driving, operating, or in physical control of a commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time of testing?

(9) (11) Was the testing method used valid and reliable and were the test results accurately evaluated?

(c) It shall be an affirmative defense for the petitioner to prove that, at the time of the refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports, records, documents, licenses, and certificates shall be admissible as substantive evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or sustained and forward the order to the commissioner of public safety. The court shall file its order within 14 days following the hearing. If the revocation or disqualification is sustained, the court shall also forward the person's driver's license or permit to the commissioner of public safety for further action by the commissioner of public safety if the license or permit is not already in the commissioner's possession.

Sec. 49. Minnesota Statutes 1996, section 169.126, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENT; FORM.] A chemical use assessment shall be conducted and an assessment report submitted to the court and to the department of public safety by the county agency administering the alcohol safety program when:

(a) The defendant is convicted of an offense described in section 84.91, 86B.331, 169.121 or, 169.1211, 169.129, or 360.0752; or

(b) The defendant is arrested for committing an offense described in section 169.121 or 169.129 but is convicted of another offense arising out of the circumstances surrounding the arrest.

Sec. 50. Minnesota Statutes 1996, section 169.1261, is amended to read:

169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.]

Sec. 51. Minnesota Statutes 1996, section 169.129, is amended to read:

169.129 [AGGRAVATED VIOLATIONS; PENALTY.]

Subdivision 1. [CRIME.] It is a crime for any person is guilty of a gross misdemeanor who drives, operates, or is to drive, operate, or be in physical control of a motor vehicle, the operation of which requires a driver's license, within this state or upon the ice of any boundary water of this state in violation of section 169.121 or an ordinance in conformity with it before the person's driver's license or driver's driving privilege has been reinstated following its cancellation, suspension, revocation, disqualification, or denial under any of the following:

(1) section 169.121, 169.1211, or 169.123;

(2) section 171.04, 171.14, 171.16, 171.17, or 171.18 because of an alcohol-related incident;

(3) section 609.21, subdivision 1, clauses (2) to (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, subdivision 4, clauses (2) to (6).

Subd. 2. [PENALTIES.] (a) Except as otherwise provided in paragraph (b), a person who violates subdivision 1 is guilty of a gross misdemeanor.

(b) A person is guilty of an enhanced gross misdemeanor and may be sentenced to imprisonment in a local correctional facility for not more than two years or to payment of a fine of not more than $3,000, or both, if the person violates subdivision 1 and the person's driver's license or driving privilege has been suspended, revoked, canceled, denied, or disqualified two or three times within the past ten years under any of the statutes listed in subdivision 1. A person convicted of an enhanced gross misdemeanor under this paragraph is subject to the applicable mandatory penalties provided in section 169.121, subdivision 3d.

Subd. 3. [PROSECUTION.] The attorney in the jurisdiction in which the violation of this section occurred who is responsible for prosecution of misdemeanor violations of section 169.121 shall also be responsible for prosecution of violations of this section.

Sec. 52. Minnesota Statutes 1996, section 171.07, is amended by adding a subdivision to read:

Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The department shall maintain in its records information transmitted electronically from the commissioner of natural resources identifying each person whom the commissioner has issued a snowmobile safety certificate.

(b) After receiving information under paragraph (a) that a person has received a snowmobile safety certificate, the department shall include, on all drivers' licenses or Minnesota identification cards subsequently issued to the person, a graphic or written indication that the person has received the certificate.

(c) If a person who has received a snowmobile safety certificate applies for a driver's license or Minnesota identification card before that information has been transmitted to the department, the department may accept a copy of the certificate as proof of its issuance and shall then follow the procedures in paragraph (b).

Sec. 53. Minnesota Statutes 1996, section 171.12, is amended by adding a subdivision to read:

Sec. 54. Minnesota Statutes 1996, section 171.19, is amended to read:

171.19 [PETITION FOR LICENSE REINSTATEMENT.]

Any person whose driver's license has been refused, revoked, suspended, or canceled, or disqualified by the commissioner, except where the license is revoked or disqualified under section 169.123, may file a petition for a hearing in the matter in the district court in the county wherein such person shall reside and, in the case of a nonresident, in the district court in any county, and such court is hereby vested with jurisdiction, and it shall be its duty, to set the matter for hearing upon 15 days' written notice to the commissioner, and thereupon to take testimony and examine into the facts of the case to determine whether the petitioner is entitled to a license or is subject to revocation, suspension, cancellation, disqualification, or refusal of license, and shall render judgment accordingly. The petition shall be heard by the court without a jury and may be heard in or out of term. The commissioner may appear in person, or by agents or representatives, and may present evidence upon the hearing by affidavit personally, by agents, or by representatives. The petitioner may present evidence by affidavit, except that the petitioner must be present in person at such hearing for the purpose of cross-examination. In the event the department shall be sustained in these proceedings, the petitioner shall have no further right to make further petition to any court for the purpose of obtaining a driver's license until after the expiration of one year after the date of such hearing.

Sec. 55. Minnesota Statutes 1996, section 171.20, subdivision 4, is amended to read:

Subd. 4. [REINSTATEMENT FEE.] Before the license is reinstated, a person whose driver's license has been suspended under section 171.16, subdivision 2; 171.18, except subdivision 1, clause (10); or 171.182, or who has been disqualified from holding a commercial driver's license under section 171.165 must pay a $20 fee before the license is reinstated of $25.25 until June 30, 1999, and $20 thereafter. When this fee is collected by a county-operated office of deputy registrar, a $3.50 handling charge is imposed. The handling charge must be deposited in the treasury of the place for which the deputy registrar was appointed and the $20 reinstatement fee must be deposited in an approved state depository as directed under section 168.33, subdivision 2. A suspension may be rescinded without fee for good cause.

Sec. 56. Minnesota Statutes 1996, section 171.30, is amended by adding a subdivision to read:

Subd. 2c. [EXTENDED WAITING PERIOD.] If a person's license or privilege has been revoked or suspended for a violation of section 169.121 or 169.123, or a statute or ordinance from another state in conformity with either of those sections, and the person's alcohol concentration was 0.20 or greater at the time of the violation, a limited license may not be issued for a period of time equal to twice the time period specified in subdivision 2a or 2b.

Sec. 57. Minnesota Statutes 1996, section 192A.555, is amended to read:

192A.555 [DRUNKEN OR RECKLESS DRIVING.]

Any (a) A person subject to this code who shall be punished as a court-martial may direct if the person:

(1) drives, operates, or is in actual physical control of any vehicle or aircraft while under the influence of an alcoholic beverage or narcotic drug or a combination thereof or whose blood contains 0.10 percent;

(2) drives, operates, or is in physical control of a vehicle when the person's alcohol concentration is 0.08 or more by weight of alcohol;

(3) flies, operates, or is in physical control of an aircraft when the person's alcohol concentration is 0.04 or more; or who

(4) operates said the vehicle or aircraft in a reckless or wanton manner, shall be punished as a court-martial may direct.

Sec. 58. Minnesota Statutes 1996, section 357.021, subdivision 1a, is amended to read:

Subd. 1a. (a) Every person, including the state of Minnesota and all bodies politic and corporate, who shall transact any business in the district court, shall pay to the court administrator of said court the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court administrator shall transmit the fees monthly to the state treasurer for deposit in the state treasury and credit to the general fund.

(b) In a county which has a screener-collector position, fees paid by a county pursuant to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the fees first to reimburse the county for the amount of the salary paid for the screener-collector position. The balance of the fees collected shall then be forwarded to the state treasurer for deposit in the state treasury and credited to the general fund. In a county in the eighth judicial district which has a screener-collector position, the fees paid by a county shall be transmitted monthly to the state treasurer for deposit in the state treasury and credited to the general fund. A screener-collector position for purposes of this paragraph is an employee whose function is to increase the collection of fines and to review the incomes of potential clients of the public defender, in order to verify eligibility for that service.

(c) No fee is required under this section from the public authority or the party the public authority represents in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court, or child or medical support enforcement conducted by an administrative law judge in an administrative hearing under section 518.5511;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525;

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery of overpayments of public assistance;

(5) court relief under chapter 260;

(6) forfeiture of property under sections 169.1217 and 609.531 to 609.5317;

(7) recovery of amounts issued by political subdivisions or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 260.251, or other sections referring to other forms of public assistance; or

(8) restitution under section 611A.04.

(d) The fees collected for child support modifications under subdivision 2, clause (13), must be transmitted to the county treasurer for deposit in the county general fund. The fees must be used by the county to pay for child support enforcement efforts by county attorneys.

Sec. 59. Minnesota Statutes 1996, section 364.09, is amended to read:

364.09 [EXCEPTIONS.]

(b) This chapter does not apply to a school district or to eligibility for a license issued or renewed by the board of teaching or the state board of education.

(c) Nothing in this section precludes the Minnesota police and peace officers training board or the state fire marshal from recommending policies set forth in this chapter to the attorney general for adoption in the attorney general's discretion to apply to law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied or revoked by the board of medical practice pursuant to section 147.091, subdivision 1a.

Sec. 60. Minnesota Statutes 1996, section 609.02, subdivision 2, is amended to read:

Subd. 2. [FELONY.] "Felony" means a crime, other than an enhanced gross misdemeanor, for which a sentence of imprisonment for more than one year may be imposed.

Sec. 61. Minnesota Statutes 1996, section 609.02, is amended by adding a subdivision to read:

Subd. 2a. [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross misdemeanor" means a crime for which a sentence of not more than two years imprisonment in a local correctional facility or a fine of not more than $3,000, or both, may be imposed.

Sec. 62. Minnesota Statutes 1996, section 609.105, is amended to read:

609.105 [SENTENCE OF IMPRISONMENT.]

Subdivision 1. Except as otherwise provided in subdivision 3, a sentence to imprisonment for more than one year shall commit the defendant to the custody of the commissioner of corrections.

Subd. 2. The commissioner of corrections shall determine the place of confinement in a prison, reformatory, or other facility of the department of corrections established by law for the confinement of convicted persons and prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or without the facility.

Subd. 3. A sentence to imprisonment for an enhanced gross misdemeanor or for a period of one year or any lesser period shall be to a workhouse, work farm, county jail, or other place authorized by law.

Sec. 63. Minnesota Statutes 1996, section 609.135, subdivision 2, is amended to read:

Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the conviction is for a felony the stay shall be for not more than four years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is longer.

(b) If the conviction is for an enhanced gross misdemeanor violation of section 169.121 or 169.129, the stay shall be for not more than five years. The court shall provide for unsupervised probation for the last year of the stay unless the court finds that the defendant needs supervised probation for all or part of the last year.

(c) If the conviction is for a gross misdemeanor violation of section 169.121 or 169.129, the stay shall be for not more than four years. The court shall provide for unsupervised probation for the last one year of the stay unless the court finds that the defendant needs supervised probation for all or part of the last one year.

(c) (d) If the conviction is for a gross misdemeanor not specified in paragraph (b) (c), the stay shall be for not more than two years.

(e) (f) If the conviction is for a misdemeanor not specified in paragraph (d) (e), the stay shall be for not more than one year.

(f) (g) The defendant shall be discharged six months after the term of the stay expires, unless the stay has been revoked or extended under paragraph (g) (h), or the defendant has already been discharged.

(g) (h) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (f) (g), a court may extend a defendant's term of probation for up to one year if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution or a fine in accordance with the payment schedule or structure; and

(2) the defendant is likely to not pay the restitution or fine the defendant owes before the term of probation expires.

This one-year extension of probation for failure to pay restitution or a fine may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution or fine that the defendant owes.

Sec. 64. Minnesota Statutes 1996, section 609.15, subdivision 2, is amended to read:

Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS MISDEMEANOR.] If the court specifies that the sentence shall run consecutively and all of the sentences are for misdemeanors, the total of the sentences shall not exceed one year. If the sentences are for a gross misdemeanor or enhanced gross misdemeanor and one or more misdemeanors, the total of the sentences shall not exceed two years. If all of the sentences are for gross misdemeanors and enhanced gross misdemeanors, the total of the sentences shall not exceed four years.

Sec. 65. Minnesota Statutes 1996, section 609.21, subdivision 1, is amended to read:

Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] A person is guilty of criminal vehicular homicide resulting in death and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 0.08 or more;

(4) while having an alcohol concentration of 0.10 0.08 or more, as measured within two hours of the time of driving;

(5) while having an alcohol concentration of 0.04 or more at the time of driving, or as measured within two hours of the time of driving, if the person is under the age of 21 years at the time of the violation;

(5) (6) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) (7) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or

Sec. 66. Minnesota Statutes 1996, section 609.21, subdivision 2, is amended to read:

Subd. 2. [RESULTING IN GREAT BODILY HARM.] A person is guilty of criminal vehicular operation resulting in great bodily harm 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 causes great bodily harm to another, not constituting attempted murder or assault, as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 0.08 or more;

(4) while having an alcohol concentration of 0.10 0.08 or more, as measured within two hours of the time of driving;

(5) while having an alcohol concentration of 0.04 or more at the time of driving, or as measured within two hours of the time of driving, if the person is under the age of 21 years at the time of the violation;

(5) (6) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) (7) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or

(7) (8) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.

Sec. 67. Minnesota Statutes 1996, section 609.21, subdivision 2a, is amended to read:

Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] A person is guilty of criminal vehicular operation resulting in substantial bodily harm and may be sentenced to imprisonment of not more than three years or to payment of a fine of not more than $10,000, or both, if the person causes substantial bodily harm to another, as a result of operating a motor vehicle;

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 0.08 or more;

(4) while having an alcohol concentration of 0.10 0.08 or more, as measured within two hours of the time of driving;

(5) (6) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) (7) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or

(7) (8) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.

Sec. 68. Minnesota Statutes 1996, section 609.21, subdivision 2b, is amended to read:

Subd. 2b. [RESULTING IN BODILY HARM.] A person is guilty of criminal vehicular operation resulting in bodily harm 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, if the person causes bodily harm to another, as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 0.08 or more;

(4) while having an alcohol concentration of 0.10 0.08 or more, as measured within two hours of the time of driving;

(5) while having an alcohol concentration of 0.04 or more at the time of driving, or as measured within two hours of the time of driving, if the person is under the age of 21 years at the time of the violation;

(5) (6) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) (7) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or

(7) (8) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.

Sec. 69. Minnesota Statutes 1996, section 609.21, subdivision 3, is amended to read:

Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] A person is guilty of criminal vehicular operation resulting in death to an unborn child and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of an unborn child as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(3) while having an alcohol concentration of 0.10 0.08 or more;

(4) while having an alcohol concentration of 0.10 0.08 or more, as measured within two hours of the time of driving;

(5) while having an alcohol concentration of 0.04 or more at the time of driving, or as measured within two hours of the time of driving, if the person is under the age of 21 years at the time of the violation;

(5) (6) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) (7) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or

(7) (8) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.

A prosecution for or conviction of a crime under this subdivision is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

Sec. 70. Minnesota Statutes 1996, section 609.21, subdivision 4, is amended to read:

Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] A person is guilty of criminal vehicular operation resulting in injury to an unborn child 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 causes great bodily harm to an unborn child who is subsequently born alive, as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 0.08 or more;

(4) while having an alcohol concentration of 0.10 0.08 or more, as measured within two hours of the time of driving;

(5) while having an alcohol concentration of 0.04 or more at the time of driving, or as measured within two hours of the time of driving, if the person is under the age of 21 years at the time of the violation;

(5) (6) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) (7) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or

(7) (8) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.

Sec. 71. Minnesota Statutes 1996, section 609.487, is amended by adding a subdivision to read:

Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has the meaning given in section 169.01, subdivision 3, and includes off-road recreational vehicles as defined in section 169.01, subdivision 84, and motorboats as defined in section 169.01, subdivision 85.

Sec. 72. Minnesota Statutes 1996, section 634.15, subdivision 2, is amended to read:

Subd. 2. [TESTIMONY AT TRIAL.] Except in civil proceedings, including proceedings under section 169.123, an accused person or the accused person's attorney may request, by notifying the prosecuting attorney at least ten days before the trial, that the following persons testify in person at the trial on behalf of the state:

(a) A person who performed the laboratory analysis or examination for the report described in subdivision 1, clause (a); or

(b) A person who prepared the blood sample report described in subdivision 1, clause (b).

If a petitioner in a proceeding under section 169.123 subpoenas a person described in paragraph (a) or (b) to testify at the proceeding, the petitioner is not required to pay the person witness fees under section 357.22 in excess of $100.

Sec. 73. [REVISOR'S INSTRUCTION.]

In each section of Minnesota Statutes referred to in column A, the revisor of statutes shall delete the reference in column B, and insert the reference in column C.

Column A Column B Column C

84.83 84.912 169.1217

84.927 84.912 169.1217

86B.305 86B.331 169.121

86B.811 86B.331 169.121

97B.065 86B.331, subd. 4 169.121, subd. 2

97B.066 86B.335, subds. 169.123, subds.

8, 9, and 10 2b, 2c, and 3

168.042, 169.121, subd. 3, 169.121, subd. 3,

subd. 2 para. (3), clause (4) para. (c), clause (5)

Sec. 74. [REPEALER.]

Minnesota Statutes 1996, sections 84.873; 84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 169.121, subdivision 3a, are repealed.

Sec. 75. [EFFECTIVE DATE.]

Sections 1 to 74 are effective January 1, 1998, and apply to violations occurring on or after that date. However, violations occurring before January 1, 1998, which are listed in Minnesota Statutes, section 169.121, subdivision 3, paragraph (a), are considered prior impaired driving convictions or prior license revocations for purposes of: determining conditional release, long-term monitoring, criminal penalties, sentencing, and administrative licensing sanctions for a person charged for or convicted of a violation occurring on and after January 1, 1998.

Repeal of civil penalty payment and enforcement provisions in Minnesota Statutes, sections 84.911 and 86B.335, applies only to refusals occurring on or after January 1, 1998."

Delete the title and insert:

concentration of 0.20 or more; expanding DWI laws to include snowmobiles, all-terrain vehicles, and motorboats and repealing the separate DWI laws relating to those recreational vehicles; creating an enhanced gross misdemeanor-level DWI crime and restructuring criminal penalties for DWI, including the provision of mandatory minimum periods of incarceration and home detention for repeat DWI offenders; mandating pretrial and posttrial electronic alcohol monitoring for certain offenders; advancing license plate impoundment and motor vehicle forfeiture by one offense; providing an administrative process for forfeiture and permitting it to be based on license revocation; authorizing the use of preliminary breath tests results for prosecuting certain driving offenses; making technical changes; providing enhanced criminal penalties and civil sanctions; amending Minnesota Statutes 1996, sections 84.83, subdivision 5; 84.91, subdivision 1; 84.911, subdivision 7; 84.927, subdivision 1; 86B.331, subdivision 1; 86B.705, subdivision 2; 97A.065, subdivision 2; 97B.065, subdivision 1; 97B.066, subdivisions 1, 5, and by adding subdivisions; 168.042, subdivisions 1, 2, 4, 9, 11, and by adding a subdivision; 169.01, by adding subdivisions; 169.121, subdivisions 1, 1c, 2, 3, 3b, 3c, 4, 6, 11, and by adding subdivisions; 169.1211, subdivision 1, and by adding a subdivision; 169.1217; 169.1218; 169.123, subdivisions 1, 2, 3, 4, 5a, 5c, and 6; 169.126, subdivision 1; 169.1261; 169.129; 171.07, by adding a subdivision; 171.12, by adding a subdivision; 171.19; 171.20, subdivision 4; 171.30, by adding a subdivision; 192A.555; 357.021, subdivision 1a; 364.09; 609.02, subdivision 2, and by adding a subdivision; 609.105; 609.135, subdivision 2; 609.15, subdivision 2; 609.21, subdivisions 1, 2, 2a, 2b, 3, and 4; 609.487, by adding a subdivision; and 634.15, subdivision 2; repealing Minnesota Statutes 1996, sections 84.873; 84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 169.121, subdivision 3a."

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.

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

H. F. No. 1389, A bill for an act relating to employment; establishing and modifying certain salary provisions for certain public employees; amending Minnesota Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivision 8; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1, 3, and by adding a subdivision; 43A.18, subdivision 4; 85A.02, subdivision 5a; 298.22, subdivision 1; and 349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing Minnesota Statutes 1996, sections 15A.081, subdivisions 1, 7, and 7b; and 43A.18, subdivision 5.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 3.855, subdivision 3, is amended to read:

Subd. 3. [OTHER SALARIES AND COMPENSATION PLANS.] The commission shall also:

(1) review and approve, reject, or modify a plan for compensation and terms and conditions of employment prepared and submitted by the commissioner of employee relations under section 43A.18, subdivision 2, covering all state employees who are not represented by an exclusive bargaining representative and whose compensation is not provided for by chapter 43A or other law;

(2) review and approve, reject, or modify a plan for total compensation and terms and conditions of employment for employees in positions identified as being managerial under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise provided for in law or other plans established under chapter 43A;

(4) review and approve, reject, or modify recommendations for salaries of officials of higher education systems under section 15A.081, subdivision 7b; and

(5) review and approve, reject, or modify plans for compensation, terms, and conditions of employment proposed under section 43A.18, subdivisions 3a and 4.

Sec. 2. Minnesota Statutes 1996, section 15A.081, subdivision 7b, is amended to read:

Subd. 7b. [HIGHER EDUCATION OFFICERS.] The board of trustees of the Minnesota state colleges and universities and the higher education services council shall set the salary rates for, respectively, the chancellor of the Minnesota state colleges and universities and the director of the higher education services office. The board or the council shall submit the proposed salary change to the legislative coordinating commission for approval, modification, or rejection in the manner provided in section 3.855. The salary rate for the chancellor of the Minnesota state colleges and universities may not exceed 95 percent of the salary of the governor under section 15A.082, subdivision 3. For purposes of this subdivision, "the salary rate of the chancellor" does not include:

(1) employee benefits that are also provided for the majority of all other full-time state employees, vacation and sick leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits or like benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of 1986;

(2) dues paid to organizations that are of a civic, professional, educational, or governmental nature;

(3) reimbursement for actual expenses incurred by the employee that the appointing authority determines to be directly related to the performance of job responsibilities, including any relocation expenses paid during the initial year of employment; or

(4) a housing allowance that is comparable to housing allowances provided to chancellors and university presidents in similar higher education systems nationwide.

The salary of the director of the higher education services office may not exceed the maximum of the salary range for the commissioner of administration. In deciding whether to recommend a salary increase, the governing board or council shall consider the performance of the chancellor or director, including the chancellor's or director's progress toward attaining affirmative action goals.

Sec. 3. Minnesota Statutes 1996, section 15A.081, subdivision 8, is amended to read:

Subd. 8. [EXPENSE ALLOWANCE.] Notwithstanding any law to the contrary, positions listed in subdivision 1 section 15A.0815, subdivisions 3 and 4, constitutional officers, and the commissioner of iron range resources and rehabilitation are authorized an annual expense allowance not to exceed $1,500 for necessary expenses in the normal performance of their duties for which no other reimbursement is provided. The expenditures under this subdivision are subject to any laws and rules relating to budgeting, allotment and encumbrance, preaudit and postaudit. The commissioner of finance may promulgate adopt rules to assure the proper expenditure of these funds, and to provide for reimbursement.

Sec. 4. Minnesota Statutes 1996, section 15A.081, subdivision 9, is amended to read:

Subd. 9. [TRANSFER OF VACATION AND SICK LEAVE; CERTAIN APPOINTEES.] (a) This subdivision governs transfers of accumulated vacation leave and sick leave if the governor appoints the incumbent of a position listed in this section 15A.0815 to another position listed in this section 15A.0815.

(c) The governor may authorize an appointee to transfer accumulated vacation leave and sick leave hours under the following conditions:

(1) an appointee moving to a position in the executive branch from a position outside the executive branch may be permitted to transfer no more than 275 hours of accumulated unliquidated vacation leave and no more than 900 hours of accumulated unliquidated sick leave; and

(2) an appointee moving to a position outside the executive branch from a position within the executive branch may be permitted to transfer accumulated unliquidated vacation leave and sick leave hours up to the maximum accumulations permitted by the personnel policies governing the new position.

The governor shall notify the commissioner of employee relations of any transfers authorized under this paragraph.

Sec. 5. [15A.0815] [SALARY LIMITS FOR CERTAIN EMPLOYEES.]

Subdivision 1. [SALARY LIMITS.] The governor or other appropriate appointing authority shall set the salary rates for positions listed in this section within the salary limits listed in subdivisions 2 to 5, subject to approval of the legislative coordinating commission and the legislature as provided by sections 3.855, 15A.081, subdivision 7b, and 43A.18, subdivision 5.

Subd. 2. [HIGHER EDUCATION SYSTEM LIMITS.] The salary rate of the chancellor of Minnesota state colleges and universities may not exceed 95 percent of the salary of the governor. For purposes of this subdivision, "the salary rate of the chancellor" does not include:

(1) employee benefits that are also provided for the majority of all other full-time state employees, vacation and sick leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits;

(2) any benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of 1986;

(3) dues paid to organizations that are of a civic, professional, educational, or governmental nature;

(4) reimbursement for actual expenses incurred by the employee that the appointing authority determines to be directly related to the performance of job responsibilities, including any relocation expenses paid during the initial year of employment; or

(5) a housing allowance that is comparable to housing allowances provided to chancellors and university presidents in similar higher education systems nationwide.

Subd. 3. [GROUP I SALARY LIMITS.] The salaries for positions in this subdivision may not exceed 85 percent of the salary of the governor:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of children, families, and learning;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of economic security;

Commissioner of finance;

Commissioner of health;

Executive director, higher education services office;

Commissioner, housing finance agency;

Commissioner of human rights;

Commissioner of human services;

Executive director, state board of investment;

Commissioner of labor and industry;

Executive director, Minnesota state high school league;

Commissioner of natural resources;

Director of office of strategic and long-range planning;

Commissioner, pollution control agency;

Commissioner of public safety;

Commissioner, department of public service;

Commissioner of revenue;

Commissioner of trade and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

Subd. 4. [GROUP II SALARY LIMITS.] The salaries for positions in this subdivision may not exceed 75 percent of the salary of the governor:

Ombudsman for corrections;

Executive director of gambling control board;

Commissioner, bureau of mediation services;

Ombudsman for mental health and retardation;

Executive director of pari-mutuel racing;

Executive director, public employees retirement association;

Commissioner, public utilities commission;

Executive director, state retirement system; and

Subd. 5. [GROUP III SALARY LIMITS.] The salary for a position in this subdivision may not exceed 25 percent of the salary of the governor:

Chair, metropolitan airports commission.

Sec. 6. Minnesota Statutes 1996, section 15A.083, subdivision 5, is amended to read:

Subd. 5. [TAX COURT.] Salaries The salary of judges a judge of the tax court are is the same as the base salary for a district judges as set under section 15A.082, subdivision 3 court judge. The salary of the chief tax court judge is the same as the salary for a chief district court judge.

Sec. 7. Minnesota Statutes 1996, section 15A.083, subdivision 6a, is amended to read:

Subd. 6a. [ADMINISTRATIVE LAW JUDGE; MAXIMUM SALARY SALARIES.] The salary of the chief administrative law judge is the same as the salary of a district court judge. The salaries of the assistant chief administrative law judge and administrative law judge supervisors are 95 percent of the salary of a district court judge. The maximum salary of an administrative law judge in the classified service employed by the office of administrative hearings is 90 percent of the salary of a district court judges as set under section 15A.082, subdivision 3 judge.

Sec. 8. Minnesota Statutes 1996, section 15A.083, subdivision 7, is amended to read:

Subd. 7. [WORKERS' COMPENSATION COURT OF APPEALS AND COMPENSATION JUDGES.] Salaries of judges of the workers' compensation court of appeals are the same as the salary for district court judges as set under section 15A.082, subdivision 3. The salary of the chief judge of the workers' compensation court of appeals is the same as the salary for a chief district court judge. Salaries of compensation judges are 75 90 percent of the salary of district court judges. The chief workers' compensation settlement judge at the department of labor and industry may be paid an annual salary that is up to five percent greater than the salary of workers' compensation settlement judges at the department of labor and industry.

Sec. 9. Minnesota Statutes 1996, section 43A.17, subdivision 1, is amended to read:

Subdivision 1. [SALARY LIMITS.] As used in subdivisions 1 to 9, "salary" means hourly, monthly, or annual rate of pay including any lump-sum payments and cost-of-living adjustment increases but excluding payments due to overtime worked, shift or equipment differentials, work out of class as required by collective bargaining agreements or plans established under section 43A.18, and back pay on reallocation or other payments related to the hours or conditions under which work is performed rather than to the salary range or rate to which a class is assigned. For presidents of state universities, "salary" does not include a housing allowance provided through a compensation plan approved under section 43A.18, subdivision 3a.

The salary, as established in section 15A.081 15A.0815, of the head of a state agency in the executive branch is the upper limit on the salaries of individual employees in the agency. The salary of the commissioner of labor and industry is the upper limit of salaries of employees in the bureau of mediation services. However, if an agency head is assigned a salary that is lower than the current salary of another agency employee, the employee retains the salary, but may not receive an increase in salary as long as the salary is above that of the agency head. The commissioner may grant exemptions from these upper limits as provided in subdivisions 3 and 4.

Sec. 10. Minnesota Statutes 1996, section 43A.17, subdivision 3, is amended to read:

Sec. 11. Minnesota Statutes 1996, section 43A.18, subdivision 4, is amended to read:

Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY COMMISSIONER.] (a) Notwithstanding any other law to the contrary, terms and conditions of employment for employees listed in this subdivision must be set by appointing authorities within the limits of compensation plans that have been approved by the commissioner before becoming effective. Compensation plans established under paragraphs paragraph (c) and (d), must be reviewed and approved, modified, or rejected by the legislature and the legislative coordinating commission on employee relations under section 3.855, subdivision subdivisions 2 and 3, before becoming effective.

(b) Total compensation for employees who are not covered by a collective bargaining agreement in the offices of the governor, lieutenant governor, attorney general, secretary of state, state auditor, and state treasurer must be determined by the governor, lieutenant governor, attorney general, secretary of state, state auditor, and state treasurer, respectively.

(c) Total compensation for classified administrative law judges in the office of administrative hearings must be determined by the chief administrative law judge.

(d) Total compensation for unclassified positions not covered by a collective bargaining agreement in the higher education services office must be determined by the higher education services office.

Sec. 12. Minnesota Statutes 1996, section 43A.18, subdivision 5, is amended to read:

Subd. 5. [GOVERNOR APPOINTING AUTHORITIES TO RECOMMEND CERTAIN SALARIES.] (a) The governor shall, by July 1 of each odd-numbered year, or other appropriate appointing authority, may submit to the legislative coordinating commission on employee relations recommendations for salaries within the salary range limits for the positions listed in section 15A.081, subdivisions 1 and 7 15A.0815, subdivisions 3 to 5. The governor An appointing authority may also propose additions or deletions of positions from those listed.

(b) Before submitting the recommendations, the governor appointing authority shall consult with the commissioner of administration, the commissioner of finance, and the commissioner of employee relations concerning the recommendations.

(c) In making recommendations, the governor appointing authority shall consider the criteria established in subdivision 8 and the performance of individual incumbents. The performance evaluation must include a review of an incumbent's progress toward attainment of affirmative action goals. The governor appointing authority shall establish an objective system for quantifying knowledge, abilities, duties, responsibilities, and accountabilities and in determining recommendations rate each position by this system.

(d) Before the governor's appointing authority's recommended salaries take effect, the recommendations must be reviewed and approved, rejected, or modified by the legislative coordinating commission on employee relations and the legislature under section 3.855, subdivision subdivisions 2 and 3. The governor may also at any time propose changes in the salary rate of any positions covered by this subdivision, which must be submitted and approved in the same manner as provided in this subdivision. If, when the legislature is not in session, the commission fails to reject or modify salary recommendations of the governor within 30 calendar days of their receipt, the recommendations are deemed to be approved.

(e) The governor appointing authority shall set the initial salary of a head of a new agency or a chair of a new metropolitan board or commission whose salary is not specifically prescribed by law after consultation with the commissioner, whose recommendation is advisory only. The amount of the new salary must be comparable to the salary of an agency head or commission chair having similar duties and responsibilities.

Sec. 13. Minnesota Statutes 1996, section 85A.02, subdivision 5a, is amended to read:

Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an administrator who shall serve as the executive secretary and principal administrative officer of the board and, subject to its approval, the administrator shall operate the Minnesota zoological garden and enforce all rules and policy decisions of the board. The administrator must be chosen solely on the basis of training, experience, and other qualifications appropriate to the field of zoo management and development. The board shall set the compensation for salary of the administrator within the limits established for the commissioner of agriculture in section 15A.081, subdivision 1. The salary of the administrator may not exceed 85 percent of the salary of the governor. The administrator shall perform duties assigned by the board and shall serve serves in the unclassified service at the pleasure of the board. The administrator, with the participation of the board, shall appoint a development director in the unclassified service or contract with a development consultant to establish mechanisms to foster community participation in and community support for the Minnesota zoological garden. The board may employ other necessary professional, technical, and clerical personnel. Employees of the zoological garden are eligible for salary supplement in the same manner as employees of other state agencies. The commissioner of finance shall determine the amount of salary supplement based on available funds.

(b) The board may contract with individuals to perform professional services and may contract for the purchases of necessary species exhibits, supplies, services, and equipment. The board may also contract for the construction and operation of entertainment facilities on the zoo grounds that are not directly connected to ordinary functions of the zoological garden. The zoo board shall may not enter into any a final agreement for construction of any an entertainment facility that is not directly connected to the ordinary functions of the zoo until after final construction plans have been submitted to the chairs of the senate finance and house appropriations committees for their recommendations.

The zoo may not contract for entertainment during the period of the Minnesota state fair that would directly compete with entertainment at the Minnesota state fair.

Sec. 14. Minnesota Statutes 1996, section 177.24, subdivision 1, is amended to read:

Subdivision 1. [AMOUNT.] (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given them.

(1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $362,500 $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota fair labor standards act, sections 177.21 to 177.35.

(2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $362,500 $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota fair labor standards act, sections 177.21 to 177.35.

(b) Except as otherwise provided in sections 177.21 to 177.35, every large employer must pay each employee wages at a rate of at least $4.25 $5.40 an hour beginning September 1, 1997. Every small employer must pay each employee at a rate of at least $4 $5.15 an hour beginning September 1, 1997.

(c) A large employer must pay each employee at a rate of at least the minimum wage set by this section or federal law without the reduction for training wage or full-time student status allowed under federal law for the initial employment of employees under age 20.

Sec. 15. Minnesota Statutes 1996, section 298.22, subdivision 1, is amended to read:

Subdivision 1. (1) The office of governor shall appoint the commissioner of iron range resources and rehabilitation is created. The commissioner shall be appointed by the governor under the provisions of section 15.06.

amounts appropriated by section 298.28. The compensation salary of the commissioner shall must be set by the legislative coordinating commission and may not exceed the maximum salary set for the commissioner of administration under section 15A.081, subdivision 1 166 percent of the average salary of a steelworker in the taconite relief area, as certified by the executive director of the United Steelworkers of America, district 11.

(3) When the commissioner shall determine determines that distress and unemployment exists or may exist in the future in any county by reason of the removal of natural resources or a possibly limited use thereof of natural resources in the future and the any resulting decrease in employment resulting therefrom, now or hereafter, the commissioner may use such whatever amounts of the appropriation made to the commissioner of revenue in section 298.28 as that are determined to be necessary and proper in the development of the remaining resources of said the county and in the vocational training and rehabilitation of its residents, except that the amount needed to cover cost overruns awarded to a contractor by an arbitrator in relation to a contract awarded by the commissioner or in effect after July 1, 1985, is appropriated from the general fund. For the purposes of this section, "development of remaining resources" includes, but is not limited to, the promotion of tourism.

Sec. 16. Minnesota Statutes 1996, section 349A.02, subdivision 1, is amended to read:

Subdivision 1. [DIRECTOR.] A state lottery is established under the supervision and control of the director of the state lottery appointed by the governor with the advice and consent of the senate. The director must be qualified by experience and training in the operation of a lottery to supervise the lottery. The director serves in the unclassified service. The annual salary rate authorized for the director is equal to 80 85 percent of the salary rate prescribed for the governor as of the effective date of Laws 1993, chapter 146.

Sec. 17. [SALARIES OF CONSTITUTIONAL OFFICERS, LEGISLATORS, AND JUDGES.]

(a) The salaries of constitutional officers are increased by 2.5 percent effective July 1, 1997, and by 2.5 percent effective January 1, 1998.

(b) The salaries of legislators are increased by 5.0 percent effective January 4, 1999.

(c) The salaries of the judges of the supreme court, court of appeals, and district court are increased by 2.5 percent effective July 1, 1997, and by 2.5 percent effective January 1, 1998.

(d) Effective July 1, 1999, the salaries of judges of the supreme court, court of appeals, and district court are increased by the average of the general salary adjustments for state employees in fiscal year 1998 provided by negotiated collective bargaining agreements or arbitration awards ratified by the legislature in the 1998 legislative session.

(e) Effective January 1, 2000, the salaries of judges of the supreme court, court of appeals, and district court are increased by the average of the general salary adjustments for state employees in fiscal year 1999 provided by negotiated collective bargaining agreements or arbitration awards ratified by the legislature in the 1998 legislative session.

(f) The commissioner of employee relations shall calculate the average of the general salary adjustments provided by negotiated collective bargaining agreements or arbitration awards ratified by the legislature in the 1998 legislative session. Negotiated collective bargaining agreements or arbitration awards that do not include general salary adjustments may not be included in these calculations. The commissioner shall weight the general salary adjustments by the number of full-time equivalent employees covered by each agreement or arbitration award. The commissioner shall calculate the average general salary adjustment for each fiscal year covered by the agreements or arbitration awards. The results of these calculations must be expressed as percentages, rounded to the nearest one-tenth of one percent. The commissioner shall calculate the new salaries for the positions listed in paragraphs (d) and (e) using the applicable percentages from the calculations in this paragraph and report them to the speaker of the house, the president of the senate, the chief justice of the supreme court, and the governor.

Sec. 18. [PHASE-IN OF SALARY INCREASES.]

by Minnesota Statutes, section 15A.083, subdivision 6a. If an employee's current salary exceeds the salary provided by this subdivision, the employee retains that salary but may not receive a salary increase until the salary provided by this section exceeds the employee's current salary.

(b) Notwithstanding Minnesota Statutes, section 15A.083, subdivision 6a, the salary of the assistant chief administrative law judge and the administrative law judge supervisor in the office of administrative hearings is 90 percent of the salary of a district court judge effective July 1, 1997. After June 30, 1998, the salary of the assistant chief administrative law judge and the administrative law judge supervisor is governed by Minnesota Statutes, section 15A.083, subdivision 6a. If an employee's current salary exceeds the salary provided by this subdivision, the employee retains the salary but may not receive a salary increase until the salary provided by this section exceeds the employee's current salary.

(c) Notwithstanding Minnesota Statutes, section 15A.083, subdivision 7, the salary of compensation judges is 85 percent of the salary of a district court judge effective July 1, 1997. After June 30, 1998, the salary of compensation judges is governed by Minnesota Statutes, section 15A.083, subdivision 7.

Sec. 19. [REVISOR INSTRUCTION.]

The revisor of statutes shall substitute the reference "section 15A.0815" for each reference to sections 15A.081, subdivisions 1, 7, and 7b, wherever they occur in the next edition of Minnesota Statutes and Minnesota Rules.

Sec. 20. [REPEALER.]

Minnesota Statutes 1996, sections 15A.081, subdivisions 1 and 7, are repealed."

Delete the title and insert:

"A bill for an act relating to employment; establishing and modifying certain salary provisions for certain public employees; modifying salary limits for certain agency heads; raising the minimum wage; raising the salaries of constitutional officers, legislators, and judges; amending Minnesota Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivisions 7b, 8, and 9; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18, subdivisions 4 and 5; 85A.02, subdivision 5a; 177.24, subdivision 1; 298.22, subdivision 1; and 349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing Minnesota Statutes 1996, sections 15A.081, subdivisions 1 and 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:

subdivisions 1, 2, 3, and 4; 124.321, subdivision 1; 124.323, subdivisions 1 and 2; 124.42, subdivision 4; 124.431, subdivisions 2 and 11; 124.45; 124.481; 124.573, subdivision 2f; 124.574, subdivisions 1, 2d, 2f, 5, 6, and 9; 124.646, subdivision 1; 124.83, subdivisions 1 and 2; 124.86, subdivision 2, and by adding a subdivision; 124.91, subdivisions 1 and 5; 124.912, subdivisions 1, 2, and 3; 124.916, subdivisions 1, 2, and 3; 124.918, subdivision 6; 124.95, subdivision 2; 124.961; 124A.03, subdivision 1c; 124A.036, subdivisions 5 and 6; 124A.04, subdivision 2; 124A.22, subdivisions 1, 2, as amended, 3, 6, 6a, 10, 11, 13b, and by adding a subdivision; 124A.225, subdivisions 1 and 4; 124A.23, subdivisions 1 and 3; 124A.26, subdivision 1; 124A.28; 124C.45, subdivision 1a; 124C.46, subdivisions 1 and 2; 124C.498, subdivision 2; 125.05, subdivisions 1c and 2; 125.12, subdivision 14; 126.22, subdivision 2; 126.23, subdivision 1; 126.77, subdivision 1; 126.82; 127.27, subdivision 10; 127.282; 128C.02, subdivision 2; 128C.08, subdivision 5; 134.155, subdivisions 2 and 3; 134.34, subdivision 4; and 136A.233, by adding a subdivision; Laws 1991, chapter 265, article 1, section 30, as amended; Laws 1992, chapter 499, article 7, section 31; Laws 1995, First Special Session chapter 3, article 1, section 56; article 2, section 52; article 3, section 11, subdivisions 1, 2, and 5; article 11, section 21, subdivision 3; article 12, section 7, subdivision 1; Laws 1996, chapter 412, article 4, section 34, subdivision 4; and article 12, sections 8 and 11; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 124; 126; and 127; repealing Minnesota Statutes 1996, sections 121.904, subdivision 4d; 124.177; 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226, subdivisions 1, 3, 3a, 6, and 10; 124.3201, subdivisions 2a and 2b; 124A.22, subdivisions 2a, 13, and 13a; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711; 124A.72; 124A.73; 126.113; 128B.10; 134.34, subdivision 4a; and 134.46; Laws 1993, chapter 146, article 5, section 20; Laws 1994, chapter 647, article 7, section 18; and Laws 1995, First Special Session chapter 3, article 12, section 8.

Reported the same back with the following amendments:

Page 11, line 11, strike "according to" and insert "under"

Page 11, line 12, strike "according to" and insert "under"

Page 12, line 5, after the period, insert "Each school district that has a state-approved public alternative program must reserve revenue in an amount equal to at least 90 percent of the district's per pupil general education revenue times the number of pupils attending a state-approved public alternative program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the state-approved public alternative program."

Page 12, line 9, after the period, insert "Each school district that has a state-approved public alternative program must reserve revenue in an amount equal to at least 90 percent of the district's per pupil general education revenue times the number of pupils attending a state-approved public alternative program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the state-approved public alternative program."

Page 12, line 13, after "credit" insert "or graduation standards"

Page 48, delete section 64

Page 50, delete lines 14 to 18 and insert:

"For fiscal year 1998 only, a school district's LEP revenue under Minnesota Statutes, section 124.273, subdivision 1g, is increased by $165 times the district's LEP pupil units determined according to article 2, section 3."

Page 50, after line 25, insert:

"Sec. 69. [SHIFT SIMPLIFICATION APPROPRIATION.]

$18,700,000 is appropriated in fiscal year 1997 from the general fund to the commissioner of children, families, and learning for additional general education aid for the simplification of the property tax revenue recognition shift according to this article."

Page 50, line 34, delete "$2,496,758,000" and insert "$2,495,217,000"

Page 50, line 35, delete "$227,451,000" and insert "$227,499,000"

Page 50, line 36, delete "$2,295,148,000" and insert "$2,296,684,000"

Page 51, line 1, delete "$255,016,000" and insert "$240,444,000"

Page 51, line 2, delete "$2,241,742,000" and insert "$2,254,773,000"

Page 53, line 7, delete "$14,091,000" and insert "$14,081,000"

Page 53, line 10, delete "$12,959,000" and insert "$12,949,000"

Page 53, line 15, delete "$35,679,000" and insert "$35,480,000"

Page 53, line 16, delete "$37,986,000" and insert "$38,159,000"

Page 53, line 18, delete "$32,366,000" and insert "$32,167,000"

Page 53, line 19, delete "$3,597,000" and insert "$3,574,000"

Page 53, line 20, delete "$34,389,000" and insert "$34,585,000"

Page 54, line 17, delete the first comma and insert "to"

Page 56, delete section 2

Page 69, line 30, after "percent" reinstate "for fiscal year"

Page 69, line 31, before "of" insert "1998 and 5.8 percent for fiscal year 1999 and later years"

Page 69, line 36, after "revenue" insert "and 1.7 percent of the district's general education revenue for fiscal years 1999 and later"

Page 73, line 12, strike "and"

Page 73, line 17, before the period, insert "; and

(6) For fiscal year 1998 only, the formula allowance used in clause (1) is the formula allowance under section 124A.22, subdivision 2, minus $170 and the formula allowance in clause (2) is the formula allowance under section 124A.22, subdivision 2, minus $300"

Page 80, line 21, delete "$2,243,000" and insert "$2,341,000"

Page 80, line 22, delete "$2,689,000" and insert "$2,738,000"

Page 80, line 24, delete "$2,152,000" and insert "$2,250,000"

Page 80, line 25, delete "$238,000" and insert "$249,000"

Page 80, line 26, delete "$2,451,000" and insert "$2,489,000"

Page 82, line 5, delete "$381,302,000" and insert "$382,519,000"

Page 82, line 7, delete "$258,162,000" and insert "$258,159,000"

Page 82, line 9, delete "$352,618,000" and insert "$353,835,000"

Page 82, line 16, delete "$684,000" and insert "$644,000"

Page 82, line 32, delete "$28,045,000" and insert "$26,812,000"

Page 82, line 33, delete "$47,654,000" and insert "$46,439,000"

Page 82, line 35, delete "$26,803,000" and insert "$25,570,000"

Page 82, line 36, delete "$2,978,000" and insert "$2,841,000"

Page 83, line 1, delete "$44,676,000" and insert "$43,598,000"

Page 83, line 3, delete "$44,064,000" and insert "$46,809,000"

Page 83, line 4, delete "$ 2,547,000" and insert "$ 2,852,000"

Page 83, line 6, delete "$10,533,000" and insert "$13,278,000"

Page 83, line 11, delete "$1,170,000" and insert "$1,475,000"

Page 105, line 24, delete "February" and insert "April"

Page 107, line 5, delete "February" and insert "April"

Page 117, line 13, delete "$35,679,000" and insert "$35,480,000"

Page 117, line 14, delete "$37,986,000" and insert "$38,159,000"

Page 117, line 15, delete "$38,211,000" and insert "$38,390,000"

Page 117, line 19, delete "$3,821,000" and insert "$3,842,000"

Page 117, line 20, delete "$34,390,000" and insert "$34,548,000"

Page 125, after line 35, insert:

"Subd. 11. [FLOOD LOSSES.] For grants and loans to independent school district Nos. 2854, Ada-Borup; 2176, Warren-Alvarado-Oslo; 846, Breckenridge; and other districts affected by the 1997 floods for expenses associated with the floods not covered by insurance or state or federal disaster relief:

$300,000 . . . . . 1998

The commissioner shall award grants and loans to school districts to cover expenses associated with the 1997 floods. The grants or loans may be for capital losses or for extraordinary operating expenses resulting from the floods. School districts shall repay any loan or grant amounts to the department if those amounts are otherwise funded from other sources. The commissioner shall establish the terms and conditions of any loans and may request any necessary information from school districts before awarding a grant or loan."

Page 151, delete lines 35 and 36

Page 154, line 16, delete "$187" and insert "$163"

Page 157, line 29, delete "for fiscal"

Page 157, line 30, delete "year 1998"

Page 180, delete line 34 and insert:

"Any balance in the first year does not cancel but is available in the second year."

Page 203, line 14, delete "$24,389,000" and insert "$24,598,000"

Page 203, line 15, delete "$24,007,000" and insert "$24,216,000"

Renumber the sections in sequence and correct internal references

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. 2158, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and certain agencies of state government; establishing and modifying certain programs; providing for regulation of certain activities and practices; standardizing certain licensing service fees; establishing and modifying certain fees; modifying housing programs; establishing a task force; providing for a manufactured home park to be a conditional use; requiring reports; amending Minnesota Statutes 1996, sections 38.02, subdivisions 1, 2, and 3; 44A.01, subdivision 2; 60A.075, by adding a subdivision; 60A.23, subdivision 8; 60A.71, by adding a subdivision; 60K.06, subdivision 2; 65B.48, subdivision 3; 72B.04, subdivision 10; 79.253, subdivision 1; 79.255, by adding a subdivision; 79.361, subdivision 1; 79.371, by adding a subdivision; 82.21, subdivision 1; 82B.09, subdivision 1; 115A.908, subdivision 2; 115B.03, subdivision 5; 115C.021, by adding a subdivision; 115C.03, subdivision 9; 115C.08, subdivision 4; 115C.09, subdivision 3, and by adding a subdivision; 115C.13; 116J.551; 116J.552, subdivision 4; 116J.553, subdivision 2; 116J.554, subdivision 1; 116L.04, subdivision 1; 116O.05, by adding a subdivision; 116O.122, subdivision 1; 138.91, by adding a subdivision; 155A.045, subdivision 1; 176.181, subdivision 2a; 268.022, subdivision 2; 268.362, subdivision 2; 268.38, subdivision 7; 268.63; 268.672, subdivision 6, and by adding subdivisions; 268.673, subdivisions 3, 4a, and 5; 268.6751, subdivision 1; 268.677, subdivision 1; 268.681; 270.97; 298.22, by adding a subdivision; 326.86, subdivision 1; 394.25, by adding a subdivision; 446A.04, subdivision 5; 446A.081, subdivisions 1, 4, and 9; 462.357, by adding a subdivision; 462A.05, subdivisions 14d, 30, 39, and by adding a subdivision; 462A.13; 462A.201, subdivision 2; 462A.205; 462A.206, subdivisions 2 and 4; 462A.207, subdivisions 1, 2, 3, 4, and 6; 462A.21, subdivision 12a; 469.303; and 469.305, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 45; 79; 116J; 268; 366; 462A; and 469; repealing Minnesota Statutes 1996, sections 115A.908, subdivision 3; 268.39; 268.672, subdivision 4; 268.673, subdivision 6; 268.676; 268.677, subdivisions 2 and 3; 268.678; 268.679, subdivision 3; 462A.05, subdivision 20; 462A.206, subdivision 5; and 462A.21, subdivisions 4k, 12, and 14.

Reported the same back with the following amendments:

Page 2, line 25, delete "22,815,000" and insert "22,875,000"

Page 6, after line 24, insert:

"$150,000 each year is for grants to create and operate community development corporations under Minnesota Statutes, section 116J.982, in Hennepin and Ramsey counties, that target Asian-Pacific Minnesotans."

Page 7, line 45, after "$500,000" insert "the first year"

Page 8, line 48, delete "$300,000" and insert "$323,000" and delete "$800,000" and insert "$823,000"

Page 9, line 56, delete "$500,000" and insert "$5,000,000"

Page 10, line 26, after the period, insert "This appropriation is available until June 30, 1999."

Page 10, delete lines 62 to 67

Page 14, line 13, delete "3,241,000" and insert "3,291,000"

Page 14, after line 13, insert:

"The commission shall assess the amount appropriated in section 26 in addition to its assessments to public utilities in fiscal year 1998 under Minnesota Statutes, section 216B.62, subdivision 3."

Page 15, line 8, delete "$528,000" and insert "$479,000"

Page 23, delete section 32

Page 25, after line 22, insert:

"Sec. 36. [COMMISSIONER OF NATURAL RESOURCES; AVAILABILITY OF APPROPRIATION.]

The appropriation in Laws 1996, chapter 407, section 3, of $750,000 to the commissioner of natural resources from the taconite protection fund for acquisition and development of the Iron Range off-highway vehicle recreation area does not cancel but is available until June 30, 1999.

Sec. 37. [COMMISSIONER OF ECONOMIC SECURITY; GRANT TO ST. PAUL.]

The commissioner of economic security shall spend all of the allocation to the city of St. Paul under Minnesota Statutes, section 469.305, subdivision 1, for fiscal year 1997, that has not been spent or otherwise committed by the city of St. Paul on the effective date of this section, as a grant to the city of St. Paul for community development corporations to be used for microenterprise and equity loans to eligible businesses located or to be located at or near the Dale Street shops/Maxson Steel industrial sites and the Minnehaha Mall area of the city of St. Paul. The commissioner or the city of St. Paul shall place this amount in an interest-bearing account and shall make the money in the account available for the purposes of this section only when the contamination cleanup at the Dale Street shops/Maxson Steel industrial sites has progressed to the point where redevelopment can occur. For purposes of this section, "eligible businesses" is limited to small beginning businesses, including an existing business that is starting a new location, where similar businesses have demonstrated success in similar neighborhoods. The $10,000 maximum limit on microenterprise loans under Minnesota Statutes, section 116M.18, subdivision 4a, clause (2), does not apply to the grant under this section."

Page 37, after line 17, insert:

"Sec. 57. Minnesota Statutes 1996, section 116J.615, subdivision 1, is amended to read:

Subdivision 1. [DUTIES OF DIRECTOR.] The director of tourism shall:

(1) publish, disseminate, and distribute informational and promotional literature;

(2) promote and encourage the expansion and development of international tourism marketing;

(3) advertise and disseminate information about travel opportunities in the state of Minnesota;

(4) aid various local communities to improve their tourism marketing programs;

(5) coordinate and implement a comprehensive state tourism marketing program that takes into consideration all public and private businesses and attractions;

(6) conduct market research and analysis to improve marketing techniques in the area of tourism;

(7) investigate and study conditions affecting Minnesota's tourism industry, collect and disseminate information, and engage in technical studies, scientific investigations, and statistical research and educational activities necessary or useful for the proper execution of the powers and duties of the director in promoting and developing Minnesota's tourism industry, both within and outside the state;

(8) apply for, accept, receive, and expend any funds for the promotion of tourism in Minnesota. All money received by the director under this subdivision shall be deposited in the state treasury and is appropriated to the director for the purposes for which the money has been received. The director may enter into interagency agreements and may agree to share net revenues with the contributing agencies. The money does not cancel and is available until expended; and

(9) plan and conduct information and publicity programs to attract tourists, visitors, and other interested persons from outside the state to this state; encourage and coordinate efforts of other public and private organizations or groups of citizens to publicize facilities and attractions in this state; and work with representatives of the hospitality and tourism industry to carry out its programs."

Pages 46 to 48, delete sections 72 to 75

Page 49, line 22, after the second "for" insert "administration of the program or"

Page 50, delete section 78

Page 50, line 32, delete "62" and insert "64" and delete "Section 78 is" and insert "Sections 36 and 37 are"

Page 97, after line 29, insert:

Section 1. Minnesota Statutes 1996, section 268.917, is amended to read:

268.917 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION FACILITIES.]

with the highest number of children living in poverty. The commissioner may also make grants to state agencies and political subdivisions to construct or rehabilitate facilities for crisis nurseries or child visitation centers. The facilities must be owned by the state or a political subdivision, but may be leased under section 16A.695 to organizations that operate the programs. The commissioner shall prescribe the terms and conditions of the leases. A grant for an individual facility must not exceed $200,000 for each program that is housed in the facility, up to a maximum of $500,000 for a facility that houses three programs or more. The commissioner shall give priority to grants that involve collaboration among sponsors of programs under this section. At least 25 percent of the amounts appropriated for these grants must be used in conjunction with the youth employment and training programs operated by the commissioner. Eligible programs must consult with appropriate labor organizations to deliver education and training.

Sec. 2. Minnesota Statutes 1996, section 446A.04, subdivision 5, is amended to read:

Subd. 5. [FEES.] (a) The authority may set and collect fees for costs incurred by the authority for audits, arbitrage accounting, and payment of fees charged by the state board of investment. The authority may also set and collect fees for costs incurred by the commissioner, the department of health, and the pollution control agency, including costs for personnel and administrative services, for its financings and the establishment and maintenance of reserve funds. Fees charged directly to borrowers upon executing a loan agreement must not exceed one-half of one percent of the loan amount. Servicing fees assessed to loan repayments must not exceed two percent of the loan repayment. The disposition of fees collected for costs incurred by the authority is governed by section 446A.11, subdivision 13. The authority shall enter into interagency agreements to transfer funds into appropriate administrative accounts established for fees collected under this subdivision for costs incurred by the commissioner, the department of health, or the pollution control agency must be credited to the general fund.

(b) The authority shall annually report to the chairs of the finance and appropriations committees of the legislature on:

(1) the amount of fees collected under this subdivision for costs incurred by the authority;

(2) the purposes for which the fee proceeds have been spent; and

(3) the amount of any remaining balance of fee proceeds.

Sec. 3. Minnesota Statutes 1996, section 446A.081, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) For the purposes of this section, the terms in this subdivision have the meanings given them.

(b) "Act" means the federal Safe Drinking Water Infrastructure Financing Act Amendments of 1996, Public Law Number 104-182.

(c) "Department" means the department of health.

Sec. 4. Minnesota Statutes 1996, section 446A.081, subdivision 4, is amended to read:

Subd. 4. [CAPITALIZATION GRANT AGREEMENT.] The authority shall enter into an agreement with the administrator of the United States Environmental Protection Agency to receive capitalization grants for the fund. The authority and the department shall enter into an operating agreement with the administrator of the United States Environmental Protection Agency to satisfy the criteria in the act to operate the fund. The authority and the department may exercise the powers necessary to comply with the requirements specified in the agreement agreements and to ensure that loan recipients comply with all applicable federal and state requirements.

Sec. 5. Minnesota Statutes 1996, section 446A.081, subdivision 9, is amended to read:

Subd. 9. [OTHER USES OF FUND.] The drinking water revolving loan fund may be used as provided in the act, including the following uses:

(2) to purchase or guarantee insurance for local obligations to improve credit market access or reduce interest rates;

(3) to provide a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the authority if the bond proceeds are deposited in the fund;

(4) to provide loans or loan guarantees for similar revolving funds established by a governmental unit or state agency;

(5) to earn interest on fund accounts; and

(6) to pay the reasonable costs incurred by the authority, the department of trade and economic development, and the department for conducting activities as authorized and required under the act up to the limits authorized under the act; and

(7) to develop and administer programs for water system supervision, source water protection, and related programs required under the act.

Sec. 6. Minnesota Statutes 1996, section 446A.12, subdivision 1, is amended to read:

Subdivision 1. [BONDING AUTHORITY.] The authority may issue negotiable bonds in a principal amount that the authority determines necessary to provide sufficient funds for achieving its purposes, including the making of loans and purchase of securities, the payment of interest on bonds of the authority, the establishment of reserves to secure its bonds, the payment of fees to a third party providing credit enhancement, and the payment of all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers, but not including the making of grants. Bonds of the authority may be issued as bonds or notes or in any other form authorized by law. The principal amount of bonds issued and outstanding under this section at any time may not exceed $450,000,000 $850,000,000, excluding bonds for which refunding bonds or crossover refunding bonds have been issued.

Sec. 7. [DRINKING WATER REVOLVING FUND.]

$4,400,000 is appropriated from the general fund to the public facilities authority for the drinking water revolving fund.

Sec. 8. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Adjust totals accordingly

Renumber or reletter in sequence and correct internal references

Amend the title as follows:

Page 1, line 25, after the second semicolon, insert "116J.615, subdivision 1;"

Page 1, line 33, after "268.681;" insert "268.917;"

Page 1, line 36, after "9;" insert "446A.12, subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

modifying certain penalty provisions; modifying and enacting various arson provisions; making various changes to the data privacy laws; establishing, modifying, and expanding permanent programs, pilot programs, grant programs, studies, offices, strike forces, task forces, councils, committees, and working groups; requiring reports; providing for an adjustment to the soft body armor reimbursement fund; authorizing the board on judicial standards to award attorneys fees; changing the name of the "superintendent" of the bureau of criminal apprehension to the "director" of the bureau of criminal apprehension; authorizing testing for HIV or Hepatitis B under certain circumstances; requiring employers of law enforcement officers to adopt a protocol; permitting the sale of ten or fewer unused hypodermic needles or syringes without a prescription; requiring employers of disabled or killed peace officers or firefighters to continue health benefits in certain instances; requiring the state to reimburse those employers; providing for statewide arson training courses; creating a criminal gang investigative data system; requiring the department of corrections to submit an annual performance report; expanding the commissioner of corrections' authority to release inmates on conditional medical release and the commissioner's authority related to rules and guidelines; requiring the department of corrections to amend a rule; ending the state's operation of the Minnesota correctional facility-Sauk Centre; requiring the commissioner of administration to issue a request for proposals and select a vendor to operate the facility; requiring the commissioner of corrections to charge counties for juveniles placed at the Minnesota correctional facility-Red Wing and to develop admissions criteria for the facility; striking the requirement that the Minnesota correctional facility-Red Wing accept all juveniles; establishing a state policy discouraging the out-of-state placement of juveniles; lowering the per se standard for alcohol concentration from 0.10 to 0.08 for driving motor vehicles, snowmobiles, all-terrain vehicles, and motorboats while impaired, as well as for criminal vehicular operation and hunting; providing orders for protection in the case of domestic abuse perpetrated by a minor; amending Minnesota Statutes 1996, sections 13.99, by adding a subdivision; 84.91, subdivision 1; 84.911, subdivision 1; 86B.331, subdivisions 1 and 4; 86B.335, subdivision 1; 97B.065, subdivision 1; 97B.066, subdivision 1; 119A.31, subdivision 1; 144.761, subdivisions 5 and 7; 144.762, subdivision 2, and by adding a subdivision; 144.765; 144.767, subdivision 1; 151.40; 152.01, subdivision 18; 152.021, subdivisions 1 and 2; 152.022, subdivisions 1 and 2; 152.023, subdivision 2; 169.121, subdivisions 1, 2, and 3; 169.123, subdivisions 1, 2, 4, 5a, and 6; 169.129; 171.29, subdivision 2; 241.01, subdivision 3b; 241.271; 242.19, subdivision 2; 242.32, by adding a subdivision; 242.55; 244.05, subdivision 8; 244.17, subdivision 2; 256E.03, subdivision 2; 257.071, subdivisions 3, 4, and by adding subdivisions; 257.072, subdivision 1; 259.41; 259.59, by adding a subdivision; 259.67, subdivision 2; 260.012; 260.015, subdivisions 2a and 29; 260.131, subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, subdivisions 1, 1a, and by adding a subdivision; 260.165, subdivisions 1 and 3; 260.171, subdivision 2; 260.191, subdivisions 1, 3a, 3b, and 4; 260.192; 260.221, subdivisions 1 and 5; 260.241, subdivisions 1 and 3; 299A.38, subdivision 2, and by adding a subdivision; 299A.61, subdivision 1; 299C.065, subdivision 1; 299C.095; 299C.10, subdivisions 1 and 4; 299C.13; 299F.051; 299F.06, subdivisions 1 and 3; 326.3321, subdivision 1; 326.3386, subdivision 3, and by adding subdivisions; 357.021, subdivision 1a; 363.073, subdivision 1, and by adding a subdivision; 401.13; 609.035, subdivision 1, and by adding a subdivision; 609.10; 609.101, subdivision 5; 609.115, subdivision 1; 609.125; 609.135, subdivision 1; 609.152, subdivision 2a, and by adding a subdivision; 609.21; 609.221; 609.684, subdivision 4; 609.748, subdivision 1; 609.902, subdivision 4; 611A.038; 611A.675; 611A.71, subdivision 5; 611A.74, subdivisions 1, 3, and by adding a subdivision; 611A.75; 626.843, subdivision 1; Laws 1995, chapter 226, article 2, section 37, subdivision 2; article 3, section 60, subdivision 4, and by adding a subdivision; and Laws 1996, chapter 408, article 8, sections 21; 22, subdivision 1; and 24; proposing coding for new law in Minnesota Statutes, chapters 16A; 241; 242; 243; 257; 259; 299A; 299C; 299F; 609; 611A; and 626; repealing Minnesota Statutes 1996, sections 119A.30; 145.406; 242.51; 244.09, subdivision 11a; 259.33; 299F.07; and 609.684, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]

1997 1998 1999 TOTAL

General $ 1,393,000 $ 481,162,000 $ 492,316,000$ 974,871,000

Special Revenue 5,901,000 6,368,00012,269,000

State Government

Special Revenue 7,000 7,000 14,000

Environmental 42,000 43,000 85,000

Trunk Highway 1,557,000 1,587,0003,144,000

TOTAL $ 1,393,000 $ 488,669,000 $ 500,321,000$ 990,383,000

APPROPRIATIONS

Available for the Year

Ending June 30

1998 1999

Sec. 2. SUPREME COURT

Subdivision 1. Total Appropriation $ 23,703,000 $ 25,978,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Supreme Court Operations

3,929,000 4,095,000

$2,500 the first year and $2,500 the second year are for a contingent account for expenses necessary for the normal operation of the court for which no other reimbursement is provided.

Of this appropriation, $11,000 the first year is for judicial salary increases, effective January 1, 1998. The increase scheduled for July 1, 1999, shall be added to the supreme court's base budget for the fiscal biennium ending June 30, 2001.

The supreme court is requested to study whether rule 12 of the rules of the board of judicial standards should be modified to permit the awarding of reasonable costs and attorneys fees to judges who are found, after a formal hearing, not to have violated the rules of judicial conduct, judicial standards, or professional conduct.

Subd. 3. Civil Legal Services

6,257,000 6,257,000

Subd. 4. Family Law Legal Services

877,000 877,000

This appropriation is to improve the access of low-income clients to legal representation in family law matters and must be distributed under Minnesota Statutes, section 480.242, to the qualified legal services programs described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered balance remaining in the first year does not cancel and is available for the second year of the biennium.

Subd. 5. State Court Administration

10,622,000 12,710,000

The supreme court may use part of this appropriation to implement two pilot projects to improve the resolution of family issues, including domestic abuse, by assigning related family, probate, and juvenile court matters, other than delinquency proceedings, to a single judge. One pilot project shall be established in the second judicial district and the other pilot project shall be established in a rural district. The supreme court is requested to report to the legislature on the effectiveness of the pilot projects in resolving family issues when the project is completed or by January 15, 2000, whichever is earlier.

Subd. 6. Community Dispute Resolution

125,000 125,000

Subd. 7. Victim Offender Mediation Grants

170,000 170,000

Subd. 8. Law Library Operations

1,723,000 1,744,000

Sec. 3. COURT OF APPEALS 5,809,000 6,012,000

Of this appropriation, $23,000 the first year is for judicial salary increases, effective January 1, 1998. The increase scheduled for July 1, 1999, shall be added to the court of appeals' base budget for the fiscal biennium ending June 30, 2001.

Sec. 4. DISTRICT COURTS 69,831,000 71,006,000

The appropriation for judicial support increases shall be used, first, to increase the salaries of existing law clerks and, second, to hire up to 24 additional law clerks for district judges who currently are sharing law clerks.

Of this appropriation, $500,000 is for the video pilot project in the ninth judicial district and for the video hearing project for the court of appeals. Unexpended funds may be used for the judicial branch justice network.

Sec. 5. BOARD OF JUDICIAL STANDARDS 223,000 228,000

Sec. 6. TAX COURT 974,000 645,000

Sec. 7. PUBLIC SAFETY

Subdivision 1. Total Appropriation 36,424,000 34,058,000

1998 1999

General 32,498,000 30,392,000

Special Revenue 2,320,000 2,029,000

State Government

Special Revenue 7,000 7,000

Trunk Highway 1,557,000 1,587,000

Environmental 42,000 43,000

Subd. 2. Emergency Management

General 2,072,000 2,096,000

Environmental 42,000 43,000

Subd. 3. Criminal Apprehension

General 17,816,000 16,982,000

Special Revenue 2,248,000 2,029,000

State Government

Special Revenue 7,000 7,000

Trunk Highway 1,557,000 1,587,000

$408,000 the first year and $409,000 the second year from the Bureau of Criminal Apprehension account in the special revenue fund are for laboratory activities.

Of this appropriation, $175,000 the first year and $50,000 the second year are for the Bureau of Criminal Apprehension to hire an additional forensic scientist to process arson evidence samples, to provide the laboratory instruments and training needed to process arson evidence samples, to provide the supporting equipment and services needed to use arson evidence sample processing instruments, and to provide necessary training and equipment for a polygraph specialist.

Of this appropriation, $50,000 each year is to develop a comprehensive database of information regarding the activities and characteristics of criminal gangs and gang members throughout the state.

The appropriation to hire up to ten additional special agents for the gang strike force may not be used to purchase or lease vehicles.

Subd. 4. Fire Marshal

2,894,000 2,954,000

Subd. 5. Alcohol and Gambling Enforcement

General 1,682,000 1,716,000

Special Revenue 72,000 -0-

Subd. 6. Crime Victims Services

2,122,000 2,130,000

Subd. 7. Crime Victims Ombudsman

322,000 329,000

Subd. 8. Law Enforcement and Community Grants

5,590,000 4,185,000

The appropriations in this subdivision are one-time appropriations.

Of this appropriation, $2,125,000 each year is for a grant to the criminal gang oversight council to be used for the grants authorized in article 8 and to fund the organization and operation of the strike force. The council may use part of this appropriation to procure necessary equipment. However, the council shall seek to minimize expenses relating to equipment by encouraging local entities to contribute equipment and other support to the strike force.

$50,000 the first year is for Ramsey county to continue the special unit enforcing the state nuisance laws.

$75,000 the first year is for one or more grants to community-based programs to conduct research on street gang culture and, based on this research, develop effective prevention and intervention techniques to help youth avoid or end their street gang involvement. Each program receiving a grant shall provide a report to the criminal gang oversight council established in article 8, containing the following information:

(1) the results of the program's research on street gang culture;

(2) the program's plans for additional research on street gang culture, if any; and

(3) the prevention and intervention techniques developed by the program.

An interim report must be provided to the council six months after a program is awarded a grant. A final report must be provided to the council by February 1, 1999. A copy of each report also must be provided to the commissioner of public safety.

Each program receiving a grant also must provide information and recommendations on gang culture to the criminal gang oversight council and criminal gang strike force, as requested by the council or strike force.

Of this appropriation, $40,000 the first year shall be transferred as a grant to a nonprofit organization to be used to meet one-half of the state match requirement if the organization receives federal funding to: (1) acquire interactive multimedia equipment for courtroom presentations to aid in the prosecution of complex homicide and child fatality cases; and (2) retain a forensic pathologist skilled in making such presentations to serve as a consultant to prosecutors statewide for one year. This grant is available only if the organization obtains funds for the remainder of the state match from other sources.

$100,000 the first year is for the continuation of the community-oriented chemical dependency pilot project created in Laws 1996, chapter 408, article 2, section 11. The appropriation is available only if Hennepin county and the city of Minneapolis together contribute an equal amount in the form of either money or resources to fund such services as: (1) treatment and aftercare placements not otherwise covered by this appropriation; and (2) the provision of police resources to expand the pilot program to include intervention efforts at neighborhood drug houses.

Of this appropriation, $300,000 the first year is for grants to local governmental units that have incurred costs implementing Minnesota Statutes, section 244.052 or 244.10, subdivision 2a. Local governmental units shall detail the costs they have incurred along with any other information required by the commissioner. The commissioner shall award grants in a manner that reimburses local governmental units demonstrating the greatest need.

Of this appropriation, $350,000 the first year is for a grant to the northwest Hennepin human services council to administer the northwest community law enforcement project, to be available until June 30, 1999.

Of this appropriation, $75,000 the first year is for grants to the Hennepin county sheriff's office and the Minneapolis police department for implementation of first year costs of operating the FBI Drugfire computer program for analyzing bullets and bullet casings.

Of this appropriation, $1,000,000 the first year and $1,000,000 the second year is for weed and seed grants under Minnesota Statutes, section 299A.63. Money not expended in the first year is available for grants during the second year. Up to five percent of this appropriation may be used for administration and evaluation of the program.

Of this appropriation, $40,000 the first year is for purposes of the firefighter training study committee created in article 2.

Of this appropriation, $50,000 the first year is for grants to Hennepin or Ramsey county to administer the community service grant pilot project program created in article 2.

Of this appropriation, $50,000 the first year is for a grant to assist the Minneapolis police department in paying per diem costs of temporary housing for pretrial and trial detainees outside the city of Minneapolis. This appropriation is available until expended.

defined in Minnesota Statutes, section 144.761. A portion of this appropriation shall be awarded as grants to professional employers of emergency medical services personnel as defined in Minnesota Statutes, section 144.761, subdivision 5, clause (2), to demonstrate effective education and training services and procedures for implementing the protocol described in Minnesota Statutes, section 144.762.

Subd. 9. Administration and Related Services

...,-0-,... ...,-0-,...

This appropriation is to be deposited in the public safety officer's benefit account. This money is available for reimbursements under Minnesota Statutes, section 299A.465.

Sec. 8. BOARD OF PRIVATE DETECTIVE AND PROTECTIVE

AGENT SERVICES 130,000 132,000

Sec. 9. BOARD OF PEACE OFFICER STANDARDS AND

TRAINING 3,581,000 4,339,000

This appropriation is from the peace officers training account in the special revenue fund. Any receipts credited to the peace officer training account in the special revenue fund in the first year in excess of $3,581,000 must be transferred and credited to the general fund. Any receipts credited to the peace officer training account in the special revenue fund in the second year in excess of $4,339,000 must be transferred and credited to the general fund.

Of this appropriation, $30,000 the first year is from the special revenue fund for DARE officer training.

Of this appropriation, $850,000 the second year shall be expended as follows: (1) up to $30,000 for administrative law judge costs; (2) up to $16,000 for minority recruitment; (3) up to $10,000 for computer training and support; (4) up to $30,000 for DARE officer training; (5) $100,000 for a law enforcement library at metropolitan state university; and (6) up to $664,000 for increased reimbursements to local law enforcement for the cost of administering board-approved continuing education to peace officers.

The commissioner of finance shall ensure that the base budget for the 2000-2001 fiscal biennium for the POST board includes the $850,000 each year that was transferred in fiscal year 1997 from the POST board to the Minnesota state colleges and universities system.

Sec. 10. BOARD OF PUBLIC DEFENSE

Subdivision 1. Total Appropriation 41,277,000 42,228,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. State Public Defender

3,250,000 3,315,000

Subd. 3. Board of Public Defense

900,000 915,000

Subd. 4. District Public Defense

37,127,000 37,998,000

$1,014,000 the first year and $1,040,000 the second year are for grants to the five existing public defense corporations under Minnesota Statutes, section 611.216.

Sec. 11. CORRECTIONS

Subdivision 1. Total Appropriation 301,797,000 310,666,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Any unencumbered balances remaining in the first year do not cancel but are available for the second year of the biennium.

Positions and administrative money may be transferred within the department of corrections as the commissioner considers necessary, upon the advance approval of the commissioner of finance.

For the biennium ending June 30, 1999, the commissioner of corrections may, with the approval of the commissioner of finance, transfer funds to or from salaries.

The department may use up to $320,000 of dedicated receipts to construct a new building for Thistledew Camp's new wilderness endeavors program. The building must provide a training and juvenile dorm area plus storage for a capacity of ten.

Subd. 2. Correctional Institutions

182,490,000 191,498,000

The commissioner may expend federal grant monies in an amount up to $1,000,000 to supplement the renovation of the buildings at the Brainerd regional center for use as a correctional facility.

If the commissioner deems it necessary to reduce staff positions during the biennium ending June 30, 1999, the commissioner must reduce at least the same percentage of management and supervisory personnel as line and support personnel in order to ensure employee safety, inmate safety, and facility security.

During the biennium ending June 30, 1999, the commissioner must consider ways to reduce the per diem in adult correctional facilities. As part of this consideration, the commissioner must consider reduction in management and supervisory personnel levels in addition to line staff levels within adult correctional institutions, provided this objective can be accomplished without compromising safety and security.

Subd. 3. Juvenile Services

16,624,000 16,762,000

Of this appropriation, $300,000 the first year is to plan for and establish a weekend camp program at Camp Ripley designed for first- or second-time male juvenile offenders ages 11 to 14. The commissioner shall develop eligibility standards for the program. The camp shall be a highly structured program and teach work skills, such as responsibility, organization, time management, and follow-through. The juvenile offenders will each develop a community service plan that will be implemented upon return to the community. The program shall receive referrals from youth service agencies, police, school officials, parents, and the courts. By January 15, 1998, the commissioner shall report to the chairs of the house and senate criminal justice funding divisions a proposed budget for this camp program for the second year of the fiscal biennium and shall include a description of the proposed outcomes for the program.

This appropriation also may be used to conduct planning and evaluation for the PREPARE program at Red Wing and for additional camp programs and aftercare services for juvenile offenders.

Subd. 4. Community Services

82,563,000 82,310,000

Of this appropriation, $300,000 each year is for the school-based probation pilot programs established in article 2. This is a one-time appropriation.

Of this appropriation, $175,000 each year is for the Ramsey county enhanced probation pilot project established in article 2. The appropriation may not be used to supplant law enforcement or county probation officer positions, or correctional services or programs. This is a one-time appropriation.

Of this appropriation, $175,000 each year is for grants to local communities to establish and implement restorative justice programs in their communities. As used in this paragraph, "restorative justice program" means a program that provides forums where certain individuals accused of having committed a crime meet with the victim; the victim's family members or other supportive persons, if appropriate; a law enforcement official or prosecutor when appropriate; and members of the community, in order to: (1) discuss the impact of the offense on the victim and the community; (2) assign an appropriate sanction to the offender; and (3) provide methods for reintegrating the offender into the community when the offender is from the community. This is a one-time appropriation.

Local communities and organizations that receive grants for or operate restorative justice programs must make available all data relating to the operation of the program, including: (1) names of adult offenders serving in the program; (2) hours that each offender is expected to serve; (3) total number of hours served by each offender; (4) locations where service is performed or is to be performed; and (5) names of individuals who supervise offenders in the program. These communities and organizations also must allow interested third parties reasonable access to observe the programs in operation. These programs also should have clearly established neighborhood, community, and family measures of success and must report to the commissioner with an evaluation of the program on or before June 30, 1999.

Of this appropriation, $95,000 the first year is for the Dakota county family group conferencing pilot project established in Laws 1996, chapter 408, article 2, section 9. This is a one-time appropriation.

Of this appropriation, $40,000 the first year is for educational equipment and training to be used for sex offender notification meetings by law enforcement agencies around the state. This is a one-time appropriation.

All money received by the commissioner of corrections pursuant to the domestic abuse investigation fee under Minnesota Statutes, section 609.2244, shall be available for use by the commissioner and is hereby appropriated annually to the commissioner of corrections for costs related to conducting the investigations.

$1,500,000 each year is for an increase in community corrections act subsidy funding. The funding shall be distributed according to the community corrections aid formula in Minnesota Statutes, section 401.10.

formula contained in Minnesota Statutes, section 401.10. These appropriations may not be used to supplant existing state or county probation officer positions or existing correctional services or programs. This money is intended to reduce state and county probation officer workloads and to increase supervision of individuals sentenced to probation at the county level. This increased supervision may be accomplished through a variety of methods, including but not limited to: (1) innovative technology services, such as automated probation reporting systems and electronic monitoring; (2) prevention and diversion programs; (3) intergovernmental cooperation agreements between local governments and appropriate community resources; and (4) traditional probation program services.

Of this appropriation, $250,000 shall be distributed to the Dodge-Fillmore-Olmsted community corrections agency and $251,000 shall be distributed to the Arrowhead regional corrections agency for use in a pilot project to expand the agencies' productive day initiative programs, as defined in Minnesota Statutes, section 241.275, to include juvenile offenders who are 16 years of age and older. This is a one-time appropriation.

Of this appropriation, $700,000 each year is for grants to the judicial districts to implement drug court programs. Grants must be approved by the supreme court before any funds are distributed. The commissioner may use a portion of this appropriation as a grant to Hennepin county for the pilot juvenile gun education program described in article 2. This is a one-time appropriation.

Of this appropriation, $25,000 the first year is to complete the criterion-related cross validation study authorized in Laws 1995, chapter 226, article 1, section 11, designed to measure outcomes of placing juveniles in out-of-home placement programs. The study must be completed by January 1, 1998. This is a one-time appropriation.

Before the commissioner uses money that would otherwise cancel to the general fund for the court services tracking system, the proposal for the system must be reviewed by the criminal and juvenile justice information policy group.

Subd. 5. Crime Victim and Prevention Services

10,849,000 10,637,000

Of this appropriation, $100,000 is to make grants, with the assistance of the crime victim prevention division, to organizations or local units of government providing support services to women leaving systems of prostitution. This is a one-time appropriation.

Of this appropriation, $75,000 each year is to fund community advocacy programs for battered women under Minnesota Statutes, section 611A.32. The services to be funded include: (1) community-based domestic abuse advocacy programs in counties currently not receiving grants from the commissioner; (2) American Indian battered women advocacy and support services; and (3) underfunded community advocacy programs. The commissioner must give priority status to Red Lake, Clearwater, and Big Stone counties in distributing the appropriation to ensure that these counties have services available to battered women.

$103,000 the first year and $103,000 the second year to provide funding for one existing battered women's shelter in Washington county that currently is not funded; and $104,000 the first year and $104,000 the second year for one existing battered women's shelter in Goodhue county that currently is not funded.

$25,000 each year is for grants to the city of St. Paul to provide support services to the surviving family members of homicide, suicide, and accidental death victims. This is a one-time appropriation.

Of this appropriation, $55,000 is for grants to the Hennepin and Ramsey county attorneys' offices to improve the education of landlords and tenants on best practices in the rental market. This is a one-time appropriation.

Of this appropriation, $75,000 the first year is for the commissioner, in cooperation with the commissioner of health and the attorney general, to provide education and training to county attorneys, public defenders, victim advocates, and shelters on early intervention and reduction of possible HIV seroconversion for victims of serious crimes that involve possible HIV exposure; and in cooperation with the commissioner of health, to reimburse health care providers for counseling, testing, and early intervention services provided to crime victims who request the services. This is a one-time appropriation.

Subd. 6. Management Services

9,271,000 9,459,000

Sec. 12. CORRECTIONS OMBUDSMAN 565,000 580,000

Sec. 13. SENTENCING GUIDELINES COMMISSION 395,000 405,000

Sec. 14. DEPARTMENT OF HUMAN RIGHTS

Subdivision 1. Total Appropriation 3,763,000 3,790,000

Subd. 2. Contract Compliance

386,000 395,000

Subd. 3. Complaint Processing

2,675,000 2,679,000

Of this appropriation, $50,000 the first year is for a program for testing whether the Human Rights Act, Minnesota Statutes, chapter 363, is being complied with in the area of rental housing. The program must include tests to determine the frequency of incidents of racial discrimination. The department shall report to the appropriate committees of the legislature by January 1, 1998, on the results and effectiveness of the program. This is a one-time appropriation.

Subd. 4. Management Services and Administration

702,000 716,000

Sec. 15. UNIFORM LAWS COMMISSION 35,000 36,000

Sec. 16. ATTORNEY GENERAL 162,000 218,000

Of this appropriation, $70,000 each year is for a grant to the DARE advisory council to be used to continue existing education programs in elementary schools and to expand the program into junior and senior high schools. This is a one-time appropriation.

Of this appropriation, $69,000 is a one-time appropriation to hire law clerks to assist the attorney general's office in fulfilling its responsibilities to the criminal gang strike force and the arson strike force.

Sec. 17. DEFICIENCY APPROPRIATION

Fiscal Year 1997

This appropriation for fiscal year 1997 is added to the appropriation in Laws 1995, chapter 226, article 1, section 7, subdivision 2, to provide matching funds for federal emergency management assistance funds received for natural disaster assistance payments.

Sec. 18. Laws 1995, chapter 226, article 3, section 60, subdivision 4, is amended to read:

Subd. 4. [TIME LINES.] By December 1, 1996, the rulemaking committee shall submit draft rule parts which address the program standards, evaluation, and auditing standards and procedures to the chairs of the senate crime prevention and house of representatives judiciary committee for review. By July 31, 1997, the licensing and programming rulemaking process shall be completed. By July 1, 1998, the licensing and programming rule draft shall be completed. Promulgation of the draft rule parts, under the provision of Minnesota Statutes, chapter 14, shall commence immediately thereafter. In addition, the commissioner of corrections and commissioner of human services may develop interpretive guidelines for the licensing and programming rule.

Sec. 19. Laws 1996, chapter 408, article 1, section 6, subdivision 6, is amended to read:

Subd. 6. Spending Cap

General fund spending by the department of corrections is limited to $614,000,000 in the biennium ending June 30, 1999.

The commissioner of corrections shall prepare and submit to the legislature by December 1, 1996, a proposal on how to limit the increase in general fund appropriations to the department of corrections from the 1996-1997 biennium to the 1998-1999 biennium so as not to exceed the spending cap. The commissioner may also submit alternative proposals to accomplish the same goal. The proposal or proposals must include the commissioner's recommendations for changes in administration, programming, staffing, and community services.

Sec. 20. [PLAN FOR FUNDING CRIME VICTIM SERVICES.]

The commissioners of the departments of corrections and public safety will provide a report to the chairs of the house judiciary finance division and the senate crime prevention and judiciary finance division by February 1, 1998. The report will contain a comprehensive coordinated plan for establishing and funding statewide services for battered women, sexual assault, and general crime victims.

Section 1. [GANG INTERVENTION SERVICES; PILOT GRANT PROGRAM.]

Subd. 2. [ELIGIBILITY FOR GRANTS.] A local organization must meet the following criteria to be eligible for a grant under the program:

(1) it must be a private, nonprofit organization or a local public agency;

(2) it must offer and provide to clients of the program services to help gang members terminate their affiliation with gangs, including educational opportunities, job skill development, life skills, community service, medical services, and counseling; and

(3) it must provide matching funds or in kind services in compliance with the formula set by the commissioner of corrections.

Subd. 3. [ELIGIBILITY FOR SERVICES.] A person who seeks to receive services under this section must meet the following criteria:

(1) at the time the person is accepted into the program, the person must not be older than 25 years of age or be under the custody of the commissioner of corrections;

(2) the person must not have received substantially similar services previously from the grant program or any other publicly funded program;

(3) the person must be employable, as determined by the grantee organization; and

(4) the person must agree to comply with all of the program participation requirements established by the grantee organization, including performing any required community service.

Subd. 4. [REPORT TO LEGISLATURE.] On or before January 15, 1999, the commissioner of corrections shall submit a report to the legislature evaluating the operating of the pilot grant program established in this section.

Sec. 2. [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.]

Subdivision 1. [ESTABLISHMENT.] A pilot project is created in Ramsey county to establish and implement an enhanced probation law enforcement community partnership program. This program will provide intensive monitoring and coordination between juvenile probation officers, local law enforcement personnel, and culturally specific community nonprofit agencies to best deal with juvenile probationers who have committed or who are at risk to commit violent crimes, especially likely to involve weapons, and who are associated with gang and drug activities in Ramsey county.

Subd. 2. [PILOT PROJECT.] (a) The pilot project is a local Ramsey county community-based program designed to discourage young people from involvement in unlawful drug or street gang activities usually involving violence and weapons. It will provide a bridge between the law enforcement, corrections, and culturally specific community-based programs designed to provide a more intensive intervention, including during evenings and weekends, effort with juvenile offenders on probation who are identified as likely to engage in repeated criminal activity in the future unless intervention is undertaken through intensive surveillance, accountable consequences for probation violations, and the use of culturally sensitive treatment programs that are innovative and that encourage substantial involvement by members of the community served by the program.

(b) This is a pilot project for Ramsey county, the city of St. Paul, and other local law enforcement agencies along with nonprofit community-based entities who may apply for a grant by submitting an application to Ramsey county for a portion of the state funding.

(c) The applicant nonprofit community-based entities must specify the following in their applications:

(1) a description of each program for which funding is sought;

(3) a description of the planning process that identifies local community needs, surveys existing programs, provides for coordination with existing programs, and involves all affected sectors of the community;

(4) the geographical area to be served by the program; and

(5) the cultural specific group to be served.

Subd. 3. [REPORT ON PILOT PROJECT.] Ramsey county shall provide a summary of how the grant funds are spent and the extent to which the objectives of the program are achieved. The summary is to be submitted to the chairs of the committees of the senate and house of representatives with jurisdiction over criminal justice policy and funding of crime prevention programs, by March 1 each year, based on the information provided by applicants under this subdivision and the results of the enforcement efforts of the joint police-probation officer teams.

Sec. 3. [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN DAKOTA AND ANOKA COUNTIES.]

Subdivision 1. [PILOT PROJECT ESTABLISHED.] By July 1, 1997, the commissioner of corrections shall establish school-based probation pilot projects in Dakota and Anoka counties.

Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and Anoka counties shall each select one middle or junior high school and one high school to participate in the school-based probation pilot project. Each county may select one additional middle, junior high, or high school for a total of no more than three schools in each county. Each county shall select as participating schools those schools which are able to provide necessary support for the program, such as office space, access to the building during nonschool hours, and a willingness to develop alternative disciplinary responses. Each school-based probation program established shall contain a probation officer located at the school who is available to help the school address behavioral incidents in the school by probationers. The probation officer shall help in:

(1) conducting cognitive/behavioral group sessions along with school personnel providing cofacilitation assistance;

(2) developing and administering alternatives to school discipline actions such as suspension, which may include mediation, community service, or home confinement;

(3) working more closely with the school and communicating with and engaging the family's support of the juvenile's school work and behavior; and

(4) referring and brokering with other schools' services to align the probationer and the probationer's family with needed services.

Subd. 3. [DATA PRACTICES.] Data created, collected, used, or maintained by school-based probation officers and school officials participating in this pilot project are private data on individuals as defined in Minnesota Statutes, section 13.02, subdivision 12, and may be disseminated among personnel working with the school-based probation project and as follows:

(1) pursuant to Minnesota Statutes, section 13.05;

(2) pursuant to a valid court order;

(3) pursuant to a statute specifically authorizing access to the private data;

(4) as allowed in Code of Federal Regulations, title 34, part 99; or

Subd. 4. [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 school-based probation programs created under this section. The report shall address the effectiveness of the pilot project by measuring reduction in school suspensions, improvement in grades, reduction of truant behavior, reduction in number and severity of delinquent behaviors, increase in number who return to school, and increase in number who succeed in school.

Sec. 4. [WORKING GROUP ON RESTITUTION.]

Subdivision 1. [CREATION; DUTIES.] A working group is created to study methods to improve the collection of restitution and the enforcement of restitution orders for repeat offenders. The working group must consider the feasibility of:

(1) incarcerating offenders who have been convicted two or more times of committing an offense for which restitution to a victim, as defined in Minnesota Statutes, section 611A.01, or to society is owed or should be paid, including but not limited to violations of Minnesota Statutes, sections 169.121 (DWI) or 169.129 (aggravated DWI); 609.375 (nonpayment of child support); 609.52 (theft); 609.561 to 609.563 (arson); or 609.582 (burglary);

(2) requiring these inmates to work at a fair market wage; and

(3) enabling inmates to first pay restitution to their victims, after satisfying any outstanding or ongoing child support or spousal maintenance obligations, and secondly, to pay the operating costs of their confinement, including the costs of any privileges, treatment, or services received by the inmates in the facility.

Subd. 2. [MEMBERSHIP.] The working group consists of the following 14 members:

(1) the commissioner of corrections or the commissioner's designee;

(2) two district court judges appointed by the chief justice, one from the metropolitan area, and one from outside the metropolitan area;

(3) the ombudsman for crime victims;

(4) the ombudsman for corrections;

(5) a representative of the Minnesota association of community corrections act counties;

(6) a representative of the Minnesota association of county probation officers;

(7) two members of the house of representatives appointed by the speaker, and two members of the senate appointed by the subcommittee on committees. These appointments must be made in a manner that ensures a fair representation of viewpoints on business and labor issues;

(8) one crime victim;

(9) one representative of the business community appointed by the commissioner of corrections after consultation with the Minnesota business partnership and the Minnesota chamber of commerce; and

(10) one representative of labor unions appointed by the commissioner of corrections after consultation with public and private labor organizations from the affiliated membership of the Minnesota AFL-CIO.

The commissioner of corrections or the commissioner's designee shall chair and provide necessary staff support to the task force.

(b) The working group shall investigate whether it would be feasible for the state to enter into a long-term contract with one or more business entities under which the business entity would employ inmates at a fair market wage. The commissioner of corrections would ensure that inmates use the wages they earn to pay restitution to their victims according to restitution guidelines approved by the legislature, and to pay the costs of their confinement. Based on this investigation, the working group shall make recommendations to the legislature by February 1, 1998, regarding the type of business entity or entities with which the state could contract to operate an industry program.

(c) The working group shall examine current methods of collecting restitution and determine whether there are better ways of collecting restitution and enforcing restitution orders within the current criminal justice system.

Sec. 5. [PILOT PROGRAM; JUVENILE GUN OFFENDERS.]

A pilot program is established in Hennepin county for juveniles who are found delinquent for illegally possessing a pistol. Under this pilot program, judges may order that these juveniles be committed to a local county correctional facility for not less than 30 days, and that 23 days of this commitment be stayed on condition that the juvenile reside in a juvenile correctional facility for at least seven days and successfully complete a 40-hour course on gun education provided by the facility. The court must revoke the stay of commitment if the juvenile fails to complete the gun education course. The county shall submit a report to the legislature by January 1, 1999, evaluating the pilot program.

Sec. 6. [COMMUNITY SERVICE GRANT PILOT PROJECT.]

Hennepin and Ramsey counties shall each establish and administer a pilot project grant program to fund community-based programs in high-crime areas that provide opportunities for children under age 16 to volunteer for and perform community service. Programs qualifying for grants must encourage good citizenship and discourage participating children from engaging in illegal activities or associating with criminal gangs. Programs receiving grants may provide children who perform community service with appropriate nonmonetary rewards including, but not limited to, partial scholarships for post-secondary education, gift certificates, tickets for entertainment, parties, and group outings.

Hennepin and Ramsey counties shall establish criteria, which must include the following, for determining the community-based programs eligible for grants:

(1) have a broad network of established economic and social relationships within the community and with local governmental units;

(2) represent a broad range of diversity;

(3) have demonstrated an ability to administer community-based programs and have a history of successful community organizing;

(4) have a proven history of properly supervising and successfully interacting with juveniles; and

(5) have demonstrated an ability to work with schools and parents of juveniles.

Sec. 7. [FIREFIGHTER TRAINING STUDY COMMITTEE.]

Subdivision 1. [MEMBERSHIP; CHAIR.] (a) The firefighter training study committee consists of:

(1) two representatives of the Minnesota state fire chiefs association, appointed by the president of the association;

(2) two representatives of the Minnesota professional firefighters, appointed by the president of the organization;

(3) two representatives of the Minnesota state fire department association, appointed by the president of the organization;

(5) the director of the Minnesota state colleges and universities FIRE/EMS center, or the director's designee;

(6) a public member, appointed by the governor;

(7) an employee of the department of labor and industry whose responsibilities include fire-related occupational safety and health activities, appointed by the commissioner of labor and industry;

(8) the commissioner of public safety or the commissioner's designee;

(9) two members of the house of representatives, one from each caucus; one representing a district within the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, and the other representing a district outside the metropolitan area, appointed by the speaker; and

(10) two members of the senate, one from each caucus; one representing a district within the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, and the other representing a district outside the metropolitan area, appointed by the subcommittee on committees of the committee on rules and administration.

(b) The committee shall elect a chair from the voting members.

Subd. 2. [ADMINISTRATIVE SUPPORT.] The commissioner of public safety shall provide necessary administrative and staff support to the committee.

Subd. 3. [COMPENSATION.] Committee members who are not public officials or employees are entitled to reimbursement for expenses in accordance with Minnesota Statutes, section 15.059, subdivision 6. Legislative members are entitled to compensation in accordance with rules of the house of representatives and the senate.

Subd. 4. [DUTIES.] (a) The committee shall:

(1) review findings and recommendations of the joint advisory training committee formed by the Minnesota state fire department association, the Minnesota state fire chiefs association, and the Minnesota professional firefighters;

(2) conduct further study of firefighter training needs and options;

(3) consider current funding for firefighter training, determine any need for additional funding, and recommend possible sources of the funding;

(4) consider the current delivery system for firefighter training, including statewide coordinating of training, and any needed improvements;

(5) consider the selection and evaluation of training instructors and any needed improvements;

(6) study levels of service delivery and any need for standardized training;

(7) consider federal and state laws and standards that affect firefighter training;

(8) determine a fair system for reimbursing local jurisdictions for training programs; and

(9) consider the need for centralized administrative direction of training programs.

(b) The committee shall conduct at least three, but no more than five, public meetings around the state to gather public input relevant to paragraph (a). Before submitting the report required by subdivision 5, the committee shall prepare and disseminate a draft report and seek public comment on it. A record of comment received must be kept and submitted along with the report required by subdivision 5.

Subd. 6. [LOCAL COOPERATION.] Local government units shall cooperate with the committee in the preparation of the report required by subdivision 5.

Section 1. Minnesota Statutes 1996, section 169.20, subdivision 5, is amended to read:

Subd. 5. [EMERGENCY VEHICLE.] (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and, except where otherwise not required by law, when the driver is giving audible signal by siren, the driver of each other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in this position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. The driver of another vehicle on a one-way roadway shall drive to the closest edge or curb and stop. The driver of an authorized emergency vehicle escorting the movement of a vehicle or load which is oversize or overweight need not sound an audible signal by siren but shall exhibit the light required by this paragraph. The driver of each other vehicle then shall yield the right-of-way, as required by this paragraph, to the emergency vehicle escorting the vehicle or load which is oversize or overweight.

(b) Upon the approach of an authorized emergency vehicle the driver of each street car and the operator of each trackless trolley car shall immediately stop such car clear of any intersection and keep it in this position and keep the doors and gates of the street car or trackless trolley car closed until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(c) A peace officer may arrest the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of paragraph (a) within the four-hour period following the termination of the emergency incident.

(d) This subdivision shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of persons using the highways.

Sec. 2. Minnesota Statutes 1996, section 169.797, subdivision 3, is amended to read:

Subd. 3. [VIOLATION BY DRIVER.] Any other person who operates a vehicle upon a public highway, street, or road in this state who knows or has reason to know that the owner does not have security complying with the terms of section 65B.48 in full force and effect is guilty of a crime and shall be sentenced as provided in subdivision 4.

Sec. 3. Minnesota Statutes 1996, section 388.23, subdivision 1, is amended to read:

Sec. 4. Minnesota Statutes 1996, section 609.101, subdivision 5, is amended to read:

Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT PAYMENTS.] (a) The court may not waive payment of the minimum fine, surcharge, or assessment required by this section. The court may reduce the amount of the minimum fine, surcharge, or assessment

(b) If the defendant qualifies for the services of a public defender or the court makes written findings finds on the record that the convicted person is indigent or that immediate payment of the fine, surcharge, or assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum fine to not less than $50.

(c) The court also may authorize payment of the fine, surcharge, or assessment in installments.

Sec. 5. Minnesota Statutes 1996, section 609.135, subdivision 1, is amended to read:

Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11, any court may stay imposition or execution of sentence and:

(a) (1) may order intermediate sanctions without placing the defendant on probation,; or

(b) (2) may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable. The court may order the supervision to be under the probation officer of the court, or, if there is none and the conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in any case by some other suitable and consenting person. No intermediate sanction may be ordered performed at a location that fails to observe applicable requirements or standards of chapter 181A or 182, or any rule promulgated under them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term "intermediate sanctions" includes but is not limited to incarceration in a local jail or workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, chemical dependency or mental health treatment or counseling, restitution, fines, day-fines, community work service, work service in a restorative justice program, work in lieu of or to work off fines and, with the victim's consent, work in lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted of violating the provisions of section 169.121.

Sec. 6. Minnesota Statutes 1996, section 609.135, is amended by adding a subdivision to read:

Subd. 2a. [TOLLING OF STAY OF SENTENCE.] (a) When a court:

(1) sentences a defendant to serve an executed felony sentence consecutively to a stayed felony sentence; or

(2) sentences a defendant to multiple, consecutive, stayed felony sentences and subsequently revokes one of the stays of sentence under section 609.14;

the running of the stay of sentence of the unexecuted sentence shall be tolled while the defendant serves the executed sentence. The running of the stay of sentence shall recommence when the defendant is discharged from the executed sentence.

(b) The defendant is not entitled to credit against the stayed sentence for time served in confinement during the consecutive executed sentence.

Sec. 7. Minnesota Statutes 1996, section 609.135, subdivision 7, is amended to read:

Sec. 8. Minnesota Statutes 1996, section 609.15, subdivision 1, is amended to read:

Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; SPECIFICATION REQUIREMENT.] (a) When separate sentences of imprisonment are imposed on a defendant for two or more crimes, whether charged in a single indictment or information or separately, or when a person who is under sentence of imprisonment in this state is being sentenced to imprisonment for another crime committed prior to or while subject to such former sentence, the court in the later sentences shall specify whether the sentences shall run concurrently or consecutively. If the court does not so specify, the sentences shall run concurrently.

(b) When a court imposes sentence for a misdemeanor or gross misdemeanor offense, and specifies that the sentence shall run consecutively to any other sentence, the court may order the defendant to serve time in custody for the consecutive sentence in addition to any time in custody the defendant may be serving for any other offense, including probationary jail time or imprisonment for any felony offense.

Sec. 9. [609.153] [INCREASED PENALTIES FOR CERTAIN MISDEMEANORS.]

Subdivision 1. [APPLICATION.] This section applies to the following misdemeanor-level crimes: sections 609.324 (prostitution); 609.546 (motor vehicle tampering); 609.595 (damage to property); and 609.66 (dangerous weapons); and violations of local ordinances in cities of the first class prohibiting the unlawful sale or possession of controlled substances.

Subd. 2. [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of the Rules of Criminal Procedure, a peace officer acting without a warrant who has decided to proceed with the prosecution of a person for committing a crime described in subdivision 1, may arrest and take the person into custody if the officer has reason to believe the person has a prior conviction for any crime described in subdivision 1.

Subd. 3. [INCREASED PENALTY.] Notwithstanding the statutory maximum penalty otherwise applicable to the offense, a person who commits a misdemeanor-level crime described in subdivision 1 is guilty of a gross misdemeanor if the court determines at the time of sentencing that the person has two or more prior convictions in this or any other state for any of the crimes described in subdivision 1.

Subd. 4. [NOTICE TO COMPLAINING WITNESS.] A prosecuting authority who is responsible for filing charges against or prosecuting a person arrested under the circumstances described in subdivision 2 shall make reasonable efforts to notify the complaining witness of the final outcome of the criminal proceeding that resulted from the arrest including, where appropriate, the decision to dismiss or not file charges against the arrested person.

Sec. 10. Minnesota Statutes 1996, section 609.221, is amended to read:

609.221 [ASSAULT IN THE FIRST DEGREE.]

Subdivision 1. [GREAT BODILY HARM.] Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.

Subd. 2. [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR CORRECTIONAL EMPLOYEE.] (a) Notwithstanding the provisions of sections 609.11 and 609.135, whoever assaults a peace officer or an employee of a correctional facility, as defined in section 241.021, by using or attempting to use deadly force against the officer or employee while the officer or employee is engaged in the performance of a duty imposed by law, policy, or rule, shall be sentenced to imprisonment for not less than ten years nor more than 20 years and, in addition, may be sentenced to payment of a fine of not more than $30,000.

(b) As used in this subdivision:

(1) "deadly force" has the meaning given in section 609.066, subdivision 1; and

Sec. 11. Minnesota Statutes 1996, section 609.2231, is amended by adding a subdivision to read:

Subd. 7. [DEPARTMENT OF HUMAN SERVICE EMPLOYEES.] An assault committed against an employee of the department of human services is a gross misdemeanor when:

(1) the assault is committed while the employee is engaged in the performance of a duty mandated by law, court order, or ordinance;

(2) the assailant knows the victim is an employee of the department of human services engaged in the performance of official public duties;

(3) the assault results in demonstrable bodily harm; and

(4) the assailant is under commitment or being evaluated for commitment as:

(a) a person mentally ill and dangerous to the public as defined in section 253B.02, subdivision 17;

(b) a sexual psychopathic personality as defined in section 253B.02, subdivision 18a; or

(c) a sexually dangerous person as defined in section 253B.02, subdivision 18b.

Sec. 12. Minnesota Statutes 1996, section 609.2245, subdivision 2, is amended to read:

Subd. 2. [PERMITTED ACTIVITIES.] A surgical procedure is not a violation of subdivision 1 if the procedure:

(1) is necessary to the health of the person on whom it is performed and is performed by: (i) a physician licensed under chapter 147 or; (ii) a physician in training under the supervision of a licensed physician; or (iii) a certified nurse midwife practicing within the nurse midwife's legal scope of practice; or

(2) is performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth: (i) by a physician licensed under chapter 147 or; (ii) a physician in training under the supervision of a licensed physician; or (iii) a certified nurse midwife practicing within the nurse midwife's legal scope of practice.

Sec. 13. [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES; ELDERLY OR HANDICAPPED VICTIMS.]

Subdivision 1. [DEFINITIONS.] As used in this section:

(1) "charitable solicitation law violation" means a violation of sections 309.50 to 309.61;

(2) "consumer fraud law violation" means a violation of sections 325F.68 to 325F.70;

(3) "deceptive trade practices law violation" means a violation of sections 325D.43 to 325D.48;

(4) "false advertising law violation" means a violation of section 325F.67;

(5) "handicapped person" means a person who has an impairment of physical or mental function or emotional status that substantially limits one or more major life activities;

(6) "major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; and

Subd. 2. [CRIME.] It is a gross misdemeanor for any person to commit a charitable solicitation law violation, a consumer fraud law violation, a deceptive trade practices law violation, or a false advertising law violation if the person knows or has reason to know that the person's conduct:

(1) is directed at one or more handicapped persons or senior citizens; and

(2) will cause or is likely to cause a handicapped person or a senior citizen to suffer loss or encumbrance of a primary residence, principal employment or other major source of income, substantial loss of property set aside for retirement or for personal or family care and maintenance, substantial loss of pension, retirement plan, or government benefits, or substantial loss of other assets essential to the victim's health or welfare.

Subd. 3. [PROSECUTORIAL JURISDICTION.] The attorney general has statewide jurisdiction to prosecute violations of this section. This jurisdiction is concurrent with that of the local prosecuting authority responsible for prosecuting gross misdemeanors in the place where the violation was committed.

Sec. 14. Minnesota Statutes 1996, section 609.487, subdivision 3, is amended to read:

Subd. 3. [FLEEING AN OFFICER.] Whoever by means of a motor vehicle flees or attempts to flee a peace officer who is acting in the lawful discharge of an official duty, and the perpetrator knows or should reasonably know the same to be a peace officer, 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. Whoever violates this subdivision a second or subsequent time is guilty of a felony and may be sentenced to imprisonment for not more than one year three years and one day or to payment of a fine of not more than $3,000 $5,000, or both.

Sec. 15. Minnesota Statutes 1996, section 609.495, subdivision 1, is amended to read:

Subdivision 1. (a) Whoever harbors, conceals, or aids another known by the actor to have committed a felony under the laws of this or another state or of the United States with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment, 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.

(b) Whoever knowingly harbors, conceals, or aids a person who is on probation, parole, or supervised release because of a felony level conviction and for whom an arrest and detention order has been issued, with intent that the person evade or escape being taken into custody under the order, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both. As used in this paragraph, "arrest and detention order" means a written order to take and detain a probationer, parolee, or supervised releasee that is issued under section 243.05, subdivision 1; 260.311, subdivision 3a; or 401.02, subdivision 4.

Sec. 16. Minnesota Statutes 1996, section 609.498, is amended by adding a subdivision to read:

Subd. 1b. [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a) A person is guilty of aggravated first-degree witness tampering if the person causes or, by means of an implicit or explicit credible threat, threatens to cause great bodily harm or death to another in the course of committing any of the following acts intentionally:

(1) preventing or dissuading or attempting to prevent or dissuade a person who is or may become a witness from attending or testifying at any criminal trial or proceeding;

(2) coercing or attempting to coerce a person who is or may become a witness to testify falsely at any criminal trial or proceeding;

(3) retaliating against a person who was summoned as a witness at any criminal trial or proceeding within a year following that trial or proceeding or within a year following the actor's release from incarceration, whichever is later;

(5) coercing or attempting to coerce a person to provide false information concerning a crime to law enforcement authorities; or

(6) retaliating against any person who has provided information to law enforcement authorities concerning a crime within a year of that person providing the information or within a year of the actor's release from incarceration, whichever is later.

(b) A person convicted of committing any act prohibited by paragraph (a) may be sentenced as follows:

(1) if the crime that was the subject of the witness tampering conduct is ranked at severity level VII or higher by the sentencing guidelines or is punishable by a mandatory prison sentence, to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both;

(2) otherwise, to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Sec. 17. Minnesota Statutes 1996, section 609.498, is amended by adding a subdivision to read:

Subd. 4. [NO BAR TO CONVICTION.] Notwithstanding sections 609.035 or 609.04, a prosecution for or conviction of the crime of aggravated first-degree witness tampering is not a bar to conviction of or punishment for any other crime.

Sec. 18. Minnesota Statutes 1996, section 609.52, subdivision 2, is amended to read:

Subd. 2. [ACTS CONSTITUTING THEFT.] (a) 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) (i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or

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

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

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

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

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

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

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

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

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

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

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

(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 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

(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 which the actor does not own or did not lease or rent.

(b) It is an affirmative defense to a violation of paragraph (a), clause (17), if the defendant proves by a preponderance of the evidence that the defendant took or drove the motor vehicle with the consent of the owner or an authorized agent of the owner.

Sec. 19. Minnesota Statutes 1996, section 609.749, subdivision 1, is amended to read:

Subdivision 1. [DEFINITION.] As used in this section, "harass" means to engage in intentional conduct in a manner that which:

(1) the actor knows or should know would cause a reasonable person the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and

(2) causes this reaction on the part of the victim.

Sec. 20. Minnesota Statutes 1996, section 609.749, is amended by adding a subdivision to read:

Subd. 1a. [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, clause (4), that the actor intended to cause any other result.

Sec. 21. Minnesota Statutes 1996, section 609.749, subdivision 2, is amended to read:

Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly uses the mail mails or delivers or causes the delivery of letters, telegrams, messages, packages, or other objects; or

(7) engages in any other harassing conduct that interferes with another person or intrudes on the person's privacy or liberty.

(b) The conduct described in paragraph (a), clauses (4) and (5) may be prosecuted either at the place where the any call is either made or where it is received. The conduct described in paragraph (a), clause (6) may be prosecuted either where the mail is deposited or where it is any letter, telegram, message, package, or other object is either sent or received.

Sec. 22. Minnesota Statutes 1996, section 609.749, subdivision 5, is amended to read:

Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who engages in a pattern of harassing conduct with respect to a single victim or one or more members of a single household in a manner that which the actor knows or should know would cause a reasonable person the victim under the circumstances to feel terrorized or to fear bodily harm and that which does cause this reaction on the part of the victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

(b) For purposes of this subdivision, a "pattern of harassing conduct" means two or more acts within a five-year period that violate the provisions of any of the following:

(1) this section;

(2) section 609.713;

(3) section 609.224;

(4) section 609.2242;

(5) section 518B.01, subdivision 14;

(6) section 609.748, subdivision 6;

(7) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7);

(8) section 609.79;

(9) section 609.795;

(10) section 609.582; or

(11) section 609.595; or

Sec. 23. Minnesota Statutes 1996, section 609.78, is amended to read:

609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.]

Subdivision 1. [MISDEMEANOR OFFENSES.] Whoever does the following is guilty of a misdemeanor:

(1) Refuses to relinquish immediately a coin-operated telephone or a telephone line consisting of two or more stations when informed that the line is needed to make an emergency call for medical or ambulance service or for assistance from a police or fire department or for other service needed in an emergency to avoid serious harm to person or property, and an emergency exists;

(2) Secures a relinquishment of a coin-operated telephone or a telephone line consisting of two or more stations by falsely stating that the line is needed for an emergency;

(3) Publishes telephone directories to be used for telephones or telephone lines and the directories do not contain a copy of this section;

(4) Makes an emergency call for medical or ambulance service, knowing that no medical emergency exists; or

(5) Interrupts, disrupts, impedes, or otherwise interferes with the transmission of a citizen's band radio channel communication the purpose of which is to inform or inquire about a medical emergency or an emergency in which property is or is reasonably believed to be in imminent danger of damage or destruction.

Subd. 2. [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR OFFENSE.] A person who intentionally interrupts, disrupts, impedes, or otherwise interferes with a 911 call or who prevents or hinders another from placing a 911 call, and whose conduct does not result in a violation of section 609.498, 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. 24. Minnesota Statutes 1996, section 631.07, is amended to read:

631.07 [ORDER OF FINAL ARGUMENT.]

When the giving of evidence is concluded in a criminal trial, unless the case is submitted on both sides without argument, the prosecution may make a closing argument to the jury. The defense may then make its closing argument to the jury. On the motion of the prosecution, the court may permit the prosecution to reply in rebuttal if the court determines that the defense has made in its closing argument a misstatement of law or fact or a statement that is inflammatory or prejudicial. The rebuttal must be limited to a direct response to the misstatement of law or fact or the inflammatory or prejudicial statement. The prosecutor may then reply in rebuttal to the issues raised in the defendant's argument, limited in time to five minutes. If the prosecutor replies in rebuttal, the defense may then reply in surrebuttal to the issues raised in the prosecution's rebuttal, limited in time to five minutes. The court in its discretion may reasonably equally extend the time of the prosecutor's or the defense's rebuttal arguments.

Sec. 25. [RULE SUPERSEDED.]

Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 11, is superseded to the extent it conflicts with Minnesota Statutes, section 631.07.

Sec. 26. [SENTENCING GUIDELINES MODIFICATION.]

The sentencing guidelines commission shall modify sentencing guideline II. F. to permit courts to impose consecutive sentences in any case in which:

(1) the defendant is sentenced for multiple current felony offenses and the court stays imposition or execution of sentence for all but one of the offenses; or

A consecutive sentence imposed under this section is not a departure from the sentencing guidelines.

Sec. 27. [SENTENCING GUIDELINES DIRECTIVE.]

The sentencing guidelines commission shall rank aggravated first-degree witness tampering crimes that are subject to the sentence provided in Minnesota Statutes, section 609.498, subdivision 1b, paragraph (b), clause (1), at severity level VIII. The commission also shall classify this crime as a crime against the person for purposes of the sentencing guidelines.

Sec. 28. [COST OF CRIME STUDY.]

The legislative audit commission is requested to direct the legislative auditor to conduct a study of the costs that criminal activity places on the state and local communities. The study shall include not only the direct costs to state and local governments of responding to, prosecuting, and punishing criminal offenders, but also the indirect economic and social costs that criminal activity places on local communities and their residents.

If the commission directs the auditor to conduct this study, the auditor shall report findings to the chairs of the senate crime prevention and house judiciary committees by February 15, 1998.

Sec. 29. [EFFECTIVE DATE.]

Section 2 is effective the day after final enactment. Sections 19 to 22 are effective the day following final enactment and apply to crimes committed on or after that date. Sections 1, 3 to 5, 8 to 18, 23, and 27 are effective August 1, 1997, and apply to crimes committed on or after that date.

Section 1. Minnesota Statutes 1996, section 151.40, is amended to read:

151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND NEEDLES.]

Subdivision 1. [GENERALLY.] Except as otherwise provided in subdivision 2, it shall be is unlawful for any person to possess, control, manufacture, sell, furnish, dispense, or otherwise dispose of hypodermic syringes or needles or any instrument or implement which can be adapted for subcutaneous injections, except by the following persons when acting in the course of their practice or employment: licensed practitioners, registered pharmacies and their employees or agents, licensed pharmacists, licensed doctors of veterinary medicine or their assistants, registered nurses, registered medical technologists, medical interns, licensed drug wholesalers, their employees or agents, licensed hospitals, licensed nursing homes, bona fide hospitals where animals are treated, licensed morticians, syringe and needle manufacturers, their dealers and agents, persons engaged in animal husbandry, clinical laboratories, persons engaged in bona fide research or education or industrial use of hypodermic syringes and needles provided such persons cannot use hypodermic syringes and needles for the administration of drugs to human beings unless such drugs are prescribed, dispensed, and administered by a person lawfully authorized to do so, persons who administer drugs pursuant to an order or direction of a licensed doctor of medicine or of a licensed doctor of osteopathy duly licensed to practice medicine.

Subd. 2. [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND SYRINGES.] (a) A registered pharmacy or its agent or a licensed pharmacist may sell, without a prescription, unused hypodermic needles and syringes in quantities of ten or fewer, provided that the pharmacy or pharmacist complies with all of the requirements of this subdivision.

(b) At any location where hypodermic needles and syringes are kept for retail sale under this subdivision, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers.

(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes under this section may give the purchaser the materials developed by the commissioner of health.

Sec. 2. Minnesota Statutes 1996, section 152.01, subdivision 18, is amended to read:

Subd. 18. [DRUG PARAPHERNALIA.] (a) Except as otherwise provided in paragraph (b), "drug paraphernalia" means all equipment, products, and materials of any kind, except those items used in conjunction with permitted uses of controlled substances under this chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, (3) testing the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect of a controlled substance.

(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale of unused hypodermic needles or syringes in quantities of ten or fewer in accordance with section 151.40, subdivision 2.

Sec. 3. Minnesota Statutes 1996, section 152.01, is amended by adding a subdivision to read:

Subd. 22. [DRUG TREATMENT FACILITY ZONE.] "Drug treatment facility zone" means any facility in which a residential rehabilitation program licensed under Minnesota Rules, parts 9530.4100 to 9530.4450, is located, plus the area within 300 feet of the facility's property boundary or one city block, whichever distance is greater.

Sec. 4. Minnesota Statutes 1996, section 152.02, subdivision 2, is amended to read:

Subd. 2. The following items are listed in Schedule I:

(1) Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide; Trimeperidine.

(2) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin; Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; Thebacon.

(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: 3,4-methylenedioxy amphetamine; 4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) pyrrolidine.

(5) Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

Mecloqualone;

Flunitrazepam.

(6) Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

Cathinone;

Methcathinone.

Sec. 5. Minnesota Statutes 1996, section 152.02, subdivision 5, is amended to read:

Subd. 5. (a) The following items are listed in Schedule IV: Anabolic substances; Barbital; Butorphanol; Carisoprodol; Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital; Meprobamate except when in combination with the following drugs in the following or lower concentrations: conjugated estrogens, 0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; Petrichloral; Phenobarbital; and Phentermine; and Tramadol.

(b) For purposes of this subdivision, "anabolic substances" means the naturally occurring androgens or derivatives of androstane (androsterone and testosterone); testosterone and its esters, including, but not limited to, testosterone propionate, and its derivatives, including, but not limited to, methyltestosterone and growth hormones, except that anabolic substances are not included if they are: (1) expressly intended for administration through implants to cattle or other nonhuman species; and (2) approved by the United States Food and Drug Administration for that use.

Sec. 6. Minnesota Statutes 1996, section 152.021, subdivision 1, is amended to read:

Subdivision 1. [SALE CRIMES.] A person is guilty of controlled substance crime in the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing cocaine or heroin;

(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine or heroin;

(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing methamphetamine, amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a drug treatment facility zone, or a public housing zone.

Sec. 7. Minnesota Statutes 1996, section 152.021, subdivision 2, is amended to read:

Subd. 2. [POSSESSION CRIMES.] A person is guilty of a controlled substance crime in the first degree if:

(2) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine or heroin;

(3) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing methamphetamine, amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units; or

(4) the person unlawfully possesses one or more mixtures of a total weight of 100 kilograms or more containing marijuana or Tetrahydrocannabinols.

Sec. 8. Minnesota Statutes 1996, section 152.021, subdivision 3, is amended to read:

Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.

(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the same person in two one or more counties within a 90-day 180-day period, the amounts sold or possessed may be aggregated and the person may be prosecuted for all of the sales in any county in which one of the sales or acts of possession occurred.

Sec. 9. Minnesota Statutes 1996, section 152.022, subdivision 1, is amended to read:

Subdivision 1. [SALE CRIMES.] A person is guilty of controlled substance crime in the second degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine or heroin;

(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than cocaine or heroin;

(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing methamphetamine, amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a drug treatment facility zone, or a public housing zone:

(i) any amount of a schedule I or II narcotic drug, or lysergic acid diethylamide (LSD);

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.

Sec. 10. Minnesota Statutes 1996, section 152.022, subdivision 2, is amended to read:

Subd. 2. [POSSESSION CRIMES.] A person is guilty of controlled substance crime in the second degree if:

(2) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine or heroin;

(3) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing methamphetamine, amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or

(4) the person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols.

Sec. 11. Minnesota Statutes 1996, section 152.022, subdivision 3, is amended to read:

Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than three years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $500,000.

(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the same person in two one or more counties within a 90-day 180-day period, the amounts sold or possessed may be aggregated and the person may be prosecuted for all of the sales in any county in which one of the sales or acts of possession occurred.

Sec. 12. Minnesota Statutes 1996, section 152.023, subdivision 2, is amended to read:

Subd. 2. [POSSESSION CRIMES.] A person is guilty of controlled substance crime in the third degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of three grams or more containing cocaine or heroin;

(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than cocaine or heroin;

(3) the person unlawfully possesses one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals 50 or more dosage units;

(4) the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD) in a school zone, a park zone, a drug treatment facility zone, or a public housing zone;

(5) the person unlawfully possesses one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols; or

(6) the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, or a public housing zone.

Sec. 13. Minnesota Statutes 1996, section 152.023, subdivision 3, is amended to read:

Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $250,000, or both.

(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the same person in one or more counties within a 180-day period, the amounts sold or possessed may be aggregated and the person may be prosecuted in any county in which one of the sales or acts of possession occurred.

Sec. 14. Minnesota Statutes 1996, section 152.024, subdivision 1, is amended to read:

Subdivision 1. [SALE CRIMES.] A person is guilty of controlled substance crime in the fourth degree if:

(1) the person unlawfully sells one or more mixtures containing a controlled substance classified in schedule I, II, or III, except marijuana or Tetrahydrocannabinols;

(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in schedule IV or V to a person under the age of 18;

(3) the person conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in schedule IV or V; or

(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a school zone, a park zone, a drug treatment facility zone, or a public housing zone, except a small amount for no remuneration.

Sec. 15. Minnesota Statutes 1996, section 152.029, is amended to read:

152.029 [PUBLIC INFORMATION: SCHOOL ZONES, PARK ZONES, DRUG TREATMENT FACILITY ZONES, AND PUBLIC HOUSING ZONES.]

The attorney general shall disseminate information to the public relating to the penalties for committing controlled substance crimes in park zones, school zones, drug treatment facility zones, and public housing zones. The attorney general shall draft a plain language version of sections 152.022 and 152.023 and relevant provisions of the sentencing guidelines, that describes in a clear and coherent manner using words with common and everyday meanings the content of those provisions. The attorney general shall publicize and disseminate the plain language version as widely as practicable, including distributing the version to school boards, local governments, and administrators and occupants of drug treatment facilities and public housing.

Sec. 16. [EXTENSION OF EXPIRATION DATE.]

Notwithstanding Minnesota Statutes, section 15.059, the advisory council on drug abuse resistance education expires on June 30, 1999.

Sec. 17. [EFFECTIVE DATE.]

Sections 1 to 15 are effective August 1, 1997, and apply to crimes committed on or after that date. Section 16 is effective the day following final enactment.

Section 1. Minnesota Statutes 1996, 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 another offense arising out of the same set of circumstances:

(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 falsely imprisoning a minor in violation of section 609.255, or soliciting a minor to engage in prostitution in violation of section 609.322, 609.323, or 609.324, or soliciting a minor to engage in sexual conduct in violation of section 609.352, or 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, or engaging in indecent exposure in violation of section 617.23, subdivision 3, clause (2), 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

(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), (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. 2. Minnesota Statutes 1996, section 243.166, subdivision 2, is amended to read:

Subd. 2. [NOTICE.] When a person who is required to register under subdivision 1, paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the court shall tell the person of the duty to register under this section. The court shall require the person to read and sign a form stating that the duty of the person to register under this section has been explained. If a person required to register under subdivision 1, paragraph (a), was not notified by the court of the registration requirement at the time of sentencing or disposition, the assigned corrections agent shall notify the person of the requirements of this section. When a person who is required to register under subdivision 1, paragraph (c), is released from commitment, the treatment facility shall notify the person of the requirements of this section. The treatment facility shall also obtain the registration information required under this section and forward it to the bureau of criminal apprehension.

Sec. 3. Minnesota Statutes 1996, section 243.166, subdivision 3, is amended to read:

Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required to register under this section shall register with the corrections agent as soon as the agent is assigned to the person. If the person does not have an assigned corrections agent or is unable to locate the assigned corrections agent, the person shall register with the law enforcement agency that has jurisdiction in the area of the person's residence.

shall also give written notice of the new address to the designated registration agency in the new state. The corrections agent or law enforcement authority shall, within two business days after receipt of this information, forward it to the bureau of criminal apprehension. The bureau of criminal apprehension shall, if it has not already been done, notify the law enforcement authority having primary jurisdiction in the community where the person will live of the new address. If the person is leaving the state, the bureau of criminal apprehension shall notify the registration authority in the new state of the new address.

Sec. 4. Minnesota Statutes 1996, section 243.166, subdivision 4, is amended to read:

Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration provided to the corrections agent or law enforcement authority, must consist of a statement in writing signed by the person, giving information required by the bureau of criminal apprehension, a fingerprint card, and photograph of the person taken at the time of the person's release from incarceration or, if the person was not incarcerated, at the time the person initially registered under this section.

(b) Within three days, the corrections agent or law enforcement authority shall forward the statement, fingerprint card, and photograph to the bureau of criminal apprehension. The bureau shall ascertain whether the person has registered with the law enforcement authority where the person resides. If the person has not registered with the law enforcement authority, the bureau shall send one copy to that authority.

(c) During the period a person is required to register under this section, the following shall apply:

(1) Each year, within 30 days of the anniversary date of the person's initial registration, the bureau of criminal apprehension shall mail a verification form to the last reported address of the person.

(2) The person shall mail the signed verification form back to the bureau of criminal apprehension within ten days after receipt of the form, stating on the form the current and last address of the person.

(3) If the person fails to mail the completed and signed verification form to the bureau of criminal apprehension within ten days after receipt of the form, the person shall be in violation of this section.

Sec. 5. Minnesota Statutes 1996, section 244.052, subdivision 3, is amended to read:

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

Members of the committee, other than the facility's chief executive officer or head, shall be appointed by the commissioner to two-year terms. 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 and to defend the committee's decision upon administrative review under this section:

(1) private medical data under section 13.42 or 144.335, or welfare data under section 13.46 that relate to medical treatment of the offender;

(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, except as provided under section 13.05, subdivision 3 or 4. The sex offender has access to data on the offender collected and maintained by the committee, unless the data are confidential data received under this paragraph.

(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;

(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.

Sec. 6. Minnesota Statutes 1996, section 244.052, subdivision 4, is amended to read:

(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 individuals, agencies and groups that the offender is likely to encounter: for the purpose of securing those institutions and protecting individuals in their care while they are on or near the premises of the institution. These individuals, agencies, and groups include but are not limited to the staff members of public and private educational institutions;, day care establishments;, and establishments and organizations that primarily serve individuals likely to be victimized by the offender;

(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, commissioner of corrections or the commissioner of human services within 48 hours after finalizing the offender's approved relocation plan to a permanent residence. Within five days after receiving this notification, the appropriate commissioner shall give to the appropriate law enforcement agency all relevant information the commissioner has concerning the offender, including information on the risk factors in the offender's history and the risk level to which the offender was assigned. After receiving this information, 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.

(e) A law enforcement agency or official that decides to disclose information under this subdivision shall make a good faith effort to conceal not disclose the identity of the victim or victims of or witnesses to the offender's offense offenses.

(f) A law enforcement agency may continue to disclose information on an offender under this subdivision for as long as the offender is required to register under section 243.166.

Sec. 7. Minnesota Statutes 1996, section 244.052, subdivision 5, is amended to read:

shall provide give to the appropriate law enforcement agency that investigated the offender's crime of conviction or, where relevant, the law enforcement agency having primary jurisdiction where the offender was committed, all relevant information that the departments have concerning the offender, including information on risk factors in the offender's history. Within five days after receiving the offender's approved release plan from the office of adult release, the appropriate department shall give to the law enforcement agency having primary jurisdiction where the offender plans to reside all relevant information the department has concerning the offender, including information on risk factors in the offender's history and the risk level to which the offender was assigned.

Sec. 8. Minnesota Statutes 1996, section 244.052, subdivision 6, is amended to read:

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: (1) the offender,; (2) the victim or victims of the offender's offense who have requested disclosure or their designee,; (3) the law enforcement agency, that investigated the offender's crime of conviction or, where relevant, the law enforcement agency having primary jurisdiction where the offender was committed; (4) the law enforcement agency having jurisdiction where the offender expects to reside, providing that the release plan has been approved by the office of adult release of the department of corrections; (5) and any other individuals the chair may select, of. The notice shall state 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, unless the administrative law judge orders otherwise for good cause shown.

(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 review hearing shall be conducted at the correctional facility in which the offender is currently confined. If the offender no longer is incarcerated, the administrative law judge shall determine the place where the review hearing will be conducted. The offender has the burden of proof to show, by a preponderance of the evidence, that the end-of-confinement review committee's risk assessment determination was erroneous. 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 decide whether the end-of-confinement review committee's risk assessment determination was erroneous and, based on this decision, shall either uphold or modify the review committee's 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 subject to the contested case provisions of chapter 14.

(e) The administrative law judge may seal any portion of the record of the administrative review hearing.

Sec. 9. Minnesota Statutes 1996, section 609.135, is amended by adding a subdivision to read:

Subd. 1c. [FAILURE TO COMPLETE COURT-ORDERED TREATMENT.] If the court orders a defendant to undergo sex offender treatment as a condition of probation and if the defendant fails to successfully complete treatment at least 60 days before the term of probation expires, the prosecutor or the defendant's probation officer may ask the court to hold a hearing to determine whether the conditions of probation should be changed or probation should be revoked. The court shall schedule and hold this hearing and take appropriate action, including action under subdivision 2, paragraph (h), before the defendant's term of probation expires.

Sec. 10. Minnesota Statutes 1996, section 609.135, subdivision 2, is amended to read:

(b) If the conviction is for a gross misdemeanor violation of section 169.121 or 169.129, the stay shall be for not more than four years. The court shall provide for unsupervised probation for the last one year of the stay unless the court finds that the defendant needs supervised probation for all or part of the last one year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision 1, in which the victim of the crime was a family or household member as defined in section 518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised probation for the second year of the stay unless the court finds that the defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay shall be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires, unless the stay has been revoked or extended under paragraph (g) or (h), or the defendant has already been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution or a fine in accordance with the payment schedule or structure; and

(2) the defendant is likely to not pay the restitution or fine the defendant owes before the term of probation expires.

This one-year extension of probation for failure to pay restitution or a fine may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution or fine that the defendant owes.

(h) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered sex offender treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of probation expires.

Sec. 11. Minnesota Statutes 1996, section 609.3451, subdivision 3, is amended to read:

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

Sec. 12. Minnesota Statutes 1996, section 609.3461, subdivision 1, is amended to read:

Subdivision 1. [UPON SENTENCING.] The court shall order an offender to provide a biological specimen for the purpose of DNA analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or attempting to violate section 609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause (2), who is convicted of violating one of those sections or of any offense arising out of the same set of circumstances;

(3) the juvenile court adjudicates a person a delinquent child who is the subject of a delinquency petition for violating or attempting to violate section 609.342, 609.343, 609.344, or 609.345, and the delinquency adjudication is based on a violation of one of those sections or of any offense arising out of the same set of circumstances. The biological specimen or the results of the analysis shall be maintained by the bureau of criminal apprehension as provided in section 299C.155.

Sec. 13. Minnesota Statutes 1996, section 609.3461, subdivision 2, is amended to read:

Subd. 2. [BEFORE RELEASE.] If a person convicted of violating or attempting to violate section 609.185, clause (2), 609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause (2), or initially charged with violating one of those sections and convicted of another offense arising out of the same set of circumstances, or sentenced as a patterned sex offender under section 609.1352, and committed to the custody of the commissioner of corrections, or serving a term of imprisonment in this state under a reciprocal agreement although convicted in another state of an offense described in this subdivision or a similar law of the United States or any other state, has not provided a biological specimen for the purpose of DNA analysis, the commissioner of corrections or local corrections authority shall order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The commissioner of corrections or local corrections authority shall forward the sample to the bureau of criminal apprehension.

Sec. 14. Minnesota Statutes 1996, section 609.347, subdivision 7, is amended to read:

Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph (c) 412 of the Rules of Evidence is superseded to the extent of its conflict with this section.

Sec. 15. Minnesota Statutes 1996, section 609.746, subdivision 1, is amended to read:

Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION DEVICE.] (a) A person is guilty of a misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.

(b) A person is guilty of a misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or any other aperture of a house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.

(c) A person is guilty of a misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and

(d) A person is guilty of a misdemeanor who:

(1) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(e) A person is guilty of a gross misdemeanor if the person:

(1) violates this subdivision after a previous conviction under this subdivision or section 609.749; or

(2) violates this subdivision in the presence of a minor under the age of 16, knowing or having reason to know that the minor is present.

(f) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections investigators, or to those acting under their direction, while engaged in the performance of their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the establishment has posted conspicuous signs warning that the premises are under surveillance by the owner or the owner's employees.

Sec. 16. Minnesota Statutes 1996, section 617.23, is amended to read:

617.23 [INDECENT EXPOSURE; PENALTIES.]

(a) Subdivision 1. [MISDEMEANOR.] A person is guilty of a misdemeanor who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor:

(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 subdivision.

(b) Subd. 2. [GROSS MISDEMEANOR.] A person who commits any of the following acts 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) 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:

(1) the person violates paragraph (b) subdivision 2, clause (1), after having been previously convicted of or adjudicated delinquent for violating paragraph (b) subdivision 2, clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with paragraph (b) subdivision 2, clause (1), or section 609.3451, subdivision 1, clause (2); or

Sec. 17. [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.]

Subdivision 1. [DEFINITIONS.] As used in this section:

(1) "community notification" means the public disclosure of information about sex offenders by local law enforcement agencies under Minnesota Statutes, section 244.052;

(2) "federal prison" means a correctional facility administered by the federal Bureau of Prisons in which sex offenders are or may be confined; and

(3) "sex offender" means a person who has been convicted of a federal offense for which registration under Minnesota Statutes, section 243.166, is required.

Subd. 2. [DEVELOPMENT OF PLAN.] The commissioner of corrections shall collaborate with the federal Bureau of Prisons and the chief executive officer of any federal prison located in this state in developing a community notification plan concerning sex offenders confined in federal prisons in Minnesota who intend to reside in this state upon release. The plan shall address the following matters:

(1) the membership and operation of the end-of-confinement review committees that will operate in the federal prisons to conduct risk assessments on sex offenders who intend to reside in Minnesota upon release;

(2) the classification and use of data on sex offenders that are collected or maintained by the committees;

(3) the procedures governing the sex offender's participation in the committee's meetings;

(4) the process for a sex offender to seek review of the committee's risk assessment determination; and

(5) any other matters deemed important by the commissioner and the federal authorities.

Subd. 3. [REPORT TO LEGISLATURE.] On or before February 1, 1998, the commissioner of corrections shall file a report with the chairs of the house judiciary committee and the senate crime prevention committee. The report shall summarize the community notification plan agreed to by the commissioner and the federal Bureau of Prisons and shall specify the statutory changes needed to accomplish that plan.

Sec. 18. [EFFECTIVE DATE.]

Sections 1 to 4 are effective August 1, 1997, and apply 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 9 to 13, 15, and 16 are effective August 1, 1997, and apply to crimes committed on or after that date. Sections 5 to 8 are effective the day following final enactment and apply to offenders sentenced or released from confinement on that date.

Section 1. [260.127] [TEEN COURT PROGRAM.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the following terms have the meanings given them.

(b) "Minor offense" means:

(1) a juvenile petty offense;

(3) any misdemeanor, other than a misdemeanor-level violation of sections 518B.01, subdivision 14, 588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.72, 609.746, 609.748, subdivision 6, or 617.23, a major traffic offense, or an adult traffic offense, as defined in section 260.193.

(c) "Teen" means an individual who has attained the age of ten years and is under 18 years of age.

(d) "Teen court" and "teen court program" mean an alternative procedure under which local law enforcement, county attorneys, schools, or probation agencies may divert from the juvenile court system a teen who allegedly has committed a minor offense, on condition that the teen voluntarily appears before and receives a disposition from a jury of the teen's peers and successfully completes the terms and conditions of the disposition. These programs also may be used by schools as alternatives to formal school disciplinary proceedings provided each program complies with the disciplinary policy in the school district in which it is established.

Subd. 2. [APPLICATION TO ESTABLISH TEEN COURT.] (a) Any group of two or more adult sponsors may apply to the office of strategic and long-range planning to establish a teen court. These sponsors must be affiliated with an agency, entity, or other organized program or group.

(b) An application to establish a teen court shall include:

(1) the names, addresses, and telephone numbers of two or more adult sponsors and a description of the entity, agency, or other organized program or group with which the adult sponsors are affiliated;

(2) the names, addresses, and telephone numbers of all teens who have signed letters of commitment to participate voluntarily as teen court members in the teen court program; and

(3) a certification from adult sponsors that adequate adult sponsorship exists and that there are a sufficient number of teen volunteers to make the functioning of the teen court feasible and meaningful; and

(4) except as provided in paragraph (c), a letter from the county attorney of the county in which the teen court is seeking to operate, authorizing the establishment of the teen court program consistent with section 388.24.

(c) Teen court programs that operate only as an alternative to school disciplinary proceedings do not need to provide the letter referred to in paragraph (b), clause (4).

Subd. 3. [REFERRAL TO TEEN COURT PROGRAM.] Once the teen court program has been established, it may receive referrals for eligible teens from local law enforcement, county attorneys, school officials, and probation agencies. The process of referral is to be established by the individual teen court programs, in coordination with other established teen court and pretrial diversion programs in the county or counties in which the teen court will operate. The referral process for teen court programs operating as alternatives to school disciplinary proceedings must be consistent with the disciplinary policy in the school district in which the program is established.

Subd. 4. [FEE.] The teen court program may require a teen to pay a nonrefundable fee to cover the costs of administering the program. This fee must be reduced or waived for a participant who does not have the ability to pay the fee.

Subd. 5. [TEEN COURT PROGRAM COMPONENTS.] (a) Prior to a teen's participation in the teen court program, a teen court sponsor or the referring source must:

(1) contact the victim, if any, of the offense, or make a good faith attempt to contact the victim, if any, and the victim must be advised that the victim may participate in the teen court proceedings; and

(2) at least seven days prior to the teen's participation in the program, provide to the county attorney of the teen's residence the teen's name, date of birth, and residential address and a description of the offense.

(b) Prior to a teen court's imposition of dispositions, it must establish a range of dispositional alternatives for offenses which is appropriate to the teen court's community. These dispositions may include the following:

(ii) mandatory participation in appropriate counseling, appropriate treatment, law-related educational classes, or other educational programs;

(iii) a requirement that the teen defendant participate as a juror in future proceedings before the teen court;

(iv) restitution, where appropriate; and

(v) a fine, not to exceed the amount permitted in section 260.195. The fine permitted in section 260.185 may only be imposed for misdemeanor-level offenses.

The teen court does not have the power to place a teen outside the home.

(c) Except as provided in paragraph (d), the teen court program may be used only where:

(i) the teen acknowledges responsibility for the offense;

(ii) the teen voluntarily agrees to participate in the teen court program;

(iii) the judge of the teen court is a judge or an attorney admitted to practice law in the state of Minnesota;

(iv) the teen's parent or legal guardian accompanies the teen in all teen court proceedings;

(v) the county attorney does not notify the teen court prior to the teen's participation that the offense will be handled in juvenile court or in a pretrial diversion program established under section 388.24; and

(vi) the teen court program has established a training component for teen and adult volunteers.

(d) When a teen court operates as an alternative to a school disciplinary policy, the teen's parent or legal guardian must be notified of the teen's involvement in the program, according to the school district's disciplinary policy. The teen's parent or legal guardian does not need to accompany the teen in teen court proceedings.

(e) The teen court shall notify the referring source as soon as possible upon discovery that the teen has failed to comply with any part of the disposition imposed under paragraph (b). Either juvenile court proceedings or formal school disciplinary proceedings, where applicable, or both, may be commenced against a teen who fails to comply with the disposition under paragraph (b).

Subd. 6. [EVALUATION AND REPORTS.] (a) The results of all proceedings in teen court must be reported to the office of strategic and long-range planning on a form provided by the office of strategic and long-range planning. The teen court must submit the report to the office of strategic and long-range planning no later than July 15 for all activity during the first six months of the calendar year and by January 15 for all activity during the last six months of the preceding calendar year. A copy of this report also must be provided to the county attorney of the county in which the teen court operates. Each report must include the following:

(i) the number of cases handled by the teen court, including a breakdown of the number of cases from each referring agency;

(ii) a list of the offenses for which the teen court imposed a disposition, including a breakdown showing the number of teen court participants committing each type of offense;

(iii) a list of the dispositions imposed by the teen court, including a breakdown showing the number of times each particular disposition was imposed; and

(b) Each teen court shall report to the office of strategic and long-range planning by June 30 each year on its progress in achieving outcome measures and indicators. The report required by this paragraph must include an analysis of recidivism rates for teen court participants, based upon a method for measuring these rates as determined by the office of strategic and long-range planning.

(c) Five percent of the appropriation for the teen court program is allocated to the office of strategic and long-range planning to assist teen court programs in developing outcome measures and indicators. These outcome measures and indicators must be established before any teen court begins to impose dispositions and must allow for both evaluation of each teen court program and for statewide evaluation of the teen court program.

Subd. 7. [ADMINISTRATION.] Up to five percent of the appropriation for teen court programs may be retained by the office of strategic and long-range planning for administrative costs incurred in administering the program. The office of strategic and long-range planning has authority to administer funds to teen court programs that comply with this section. The office of strategic and long-range planning may receive and administer public and private funds for the purposes of this section.

Sec. 2. Minnesota Statutes 1996, section 256E.03, subdivision 2, is amended to read:

Subd. 2. (a) "Community social services" means services provided or arranged for by county boards to fulfill the responsibilities prescribed in section 256E.08, subdivision 1, to the following groups of persons:

(1) families with children under age 18, who are experiencing child dependency, neglect or abuse, and also pregnant adolescents, adolescent parents under the age of 18, and their children, and other adolescents;

(2) persons, including adolescents, who are under the guardianship of the commissioner of human services as dependent and neglected wards;

(3) adults who are in need of protection and vulnerable as defined in section 626.5572;

(4) persons age 60 and over who are experiencing difficulty living independently and are unable to provide for their own needs;

(5) emotionally disturbed children and adolescents, chronically and acutely mentally ill persons who are unable to provide for their own needs or to independently engage in ordinary community activities;

(6) persons with mental retardation as defined in section 252A.02, subdivision 2, or with related conditions as defined in section 252.27, subdivision 1a, who are unable to provide for their own needs or to independently engage in ordinary community activities;

(7) drug dependent and intoxicated persons, including adolescents, as defined in section 254A.02, subdivisions 5 and 7, and persons, including adolescents, at risk of harm to self or others due to the ingestion of alcohol or other drugs;

(8) parents whose income is at or below 70 percent of the state median income and who are in need of child care services in order to secure or retain employment or to obtain the training or education necessary to secure employment; and

(9) children and adolescents involved in or at risk of involvement with criminal activity; and

(10) other groups of persons who, in the judgment of the county board, are in need of social services.

Sec. 3. [257.069] [INFORMATION FOR CHILD PLACEMENT.]

Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An agency with legal responsibility for the placement of a child may request and shall receive all information pertaining to the child that it considers necessary to appropriately carry out its duties. That information must include educational, medical, psychological, psychiatric, and social or family history data retained in any form by any individual or entity. The agency may gather appropriate data regarding the child's parents in order to develop and implement a case plan required by section 257.071. Upon request of the court responsible for overseeing the provision of services to the child and family and for implementing orders that are in the best interest of the child, the responsible local social service agency or tribal social service agency shall provide appropriate written or oral reports from any individual or entity that has provided services to the child or family. The reports must include the nature of the services being provided the child or family; the reason for the services; the nature, extent, and quality of the child's or parent's participation in the services, where appropriate; and recommendations for continued services, where appropriate. The individual or entity shall report all observations and information upon which it bases its report as well as its conclusions. If necessary to facilitate the receipt of the reports, the court may issue appropriate orders.

Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service agency responsible for the residential placement of a child under this section and the residential facility in which the child is placed shall have access to the following data on the child:

(1) medical data under section 13.42;

(2) corrections and detention data under section 13.85;

(3) juvenile court data under section 260.161; and

(4) health records under section 144.335.

Sec. 4. Minnesota Statutes 1996, section 257.071, is amended by adding a subdivision to read:

Subd. 1c. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local social service agency shall inform a parent considering voluntary placement of a child who is not developmentally disabled or emotionally handicapped of the following:

(1) the parent and the child each has a right to separate legal counsel before signing a voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters a voluntary placement agreement may at any time request that the agency return the child. If the parent so requests, the child must be returned within 24 hours of the receipt of the request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a later time as the basis for a petition alleging that the child is in need of protection or services or as the basis for a petition seeking termination of parental rights;

(4) if the local social service agency files a petition alleging that the child is in need of protection or services or a petition seeking the termination of parental rights, the parent would have the right to appointment of separate legal counsel and the child would have a right to the appointment of counsel and a guardian ad litem as provided by law, and that counsel will be appointed at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a permanent placement determination hearing under section 260.191, subdivision 3b.

Sec. 5. Minnesota Statutes 1996, section 257.071, is amended by adding a subdivision to read:

case may affect the relative's right to have the child placed with that relative later. The relatives must be notified that they must keep the local social service agency informed of their current address in order to receive notice of any permanent placement hearing. A relative who fails to provide a current address to the local social service agency forfeits the right to notice of permanent placement.

(b) When the agency determines that it is necessary to prepare for the permanent placement determination hearing or in anticipation of filing a termination of parental rights petition, the agency shall send notice to the relatives, any adult with whom the child is currently residing, any adult with whom the child has resided for one year or longer in the past, and any adults who have maintained a relationship or exercised visitation with the child as identified in the agency case plan. The notice must state that a permanent home is sought for the child and that the individuals receiving the notice may indicate to the agency their interest in providing a permanent home. The notice must contain an advisory that if the relative chooses not to be a placement resource at the beginning of the case, this may affect the relative's rights to have the child placed with that relative permanently later on.

Sec. 6. Minnesota Statutes 1996, section 257.071, is amended by adding a subdivision to read:

Subd. 1e. [CHANGE IN PLACEMENT.] If a child is removed from a permanent placement disposition authorized under section 260.191, subdivision 3b, within one year after the placement was made:

(1) the child must be returned to the residential facility where the child was placed immediately preceding the permanent placement; or

(2) the court shall hold a hearing within ten days after the child is taken into custody to determine where the child is to be placed. A guardian ad litem must be appointed for the child for this hearing.

Sec. 7. Minnesota Statutes 1996, section 257.071, subdivision 3, is amended to read:

Subd. 3. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as provided in subdivision 4, if the child has been placed in a residential facility pursuant to a voluntary release by the parent or parents, and is not returned home within six months 90 days after initial placement in the residential facility, the social service agency responsible for the placement shall:

(1) return the child to the home of the parent or parents; or

(2) file an appropriate a petition pursuant to section 260.131 or 260.231 to extend the placement for 90 days.

The case plan must be updated when a petition is filed and must include a specific plan for permanency. The parent, legal guardian, or legal custodian and child have a right to counsel at this hearing and the court shall appoint counsel at public expense if they are unable to afford counsel.

If the court approves the extension, at the end of the second 90-day period, the child must be returned to the parent's home, unless a petition is filed for a child in need of protection or services.

Sec. 8. Minnesota Statutes 1996, section 257.071, subdivision 4, is amended to read:

Sec. 9. Minnesota Statutes 1996, section 257.072, subdivision 1, is amended to read:

Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each authorized child-placing agency shall make special efforts to recruit a foster family from among the child's relatives, except as authorized in section 260.181, subdivision 3. Each agency shall provide for diligent recruitment of potential foster families that reflect the ethnic and racial diversity of the children in the state for whom foster homes are needed. Special efforts include contacting and working with community organizations and religious organizations and may include contracting with these organizations, utilizing local media and other local resources, conducting outreach activities, and increasing the number of minority recruitment staff employed by the agency. The requirement of special efforts to locate relatives in this section is satisfied if on the earlier of the following occasions:

(1) the child is placed with a relative who is interested in providing a permanent placement for the child; or

(2) the responsible child-placing agency has made appropriate special efforts for six months following the child's placement in a residential facility and the court approves the agency's efforts pursuant to section 260.191, subdivision 3a. The agency may accept any gifts, grants, offers of services, and other contributions to use in making special recruitment efforts.

Sec. 10. Minnesota Statutes 1996, section 259.41, is amended to read:

259.41 [ADOPTION STUDY.]

An adoption study and written report must be completed before the child is placed in a prospective adoptive home under this chapter and the study must be completed and filed with the court at the time the adoption petition is filed. In a direct adoptive placement, the report must be filed with the court in support of a motion for temporary preadoptive custody under section 259.47, subdivision 3. The study and report shall be completed by a licensed child-placing agency and must be thorough and comprehensive. The study and report shall be paid for by the prospective adoptive parent, except as otherwise required under section 259.67 or 259.73.

A stepparent adoption is not subject to this section.

In the case of a licensed foster parent seeking to adopt a child who is in the foster parent's care, any portions of the foster care licensing process that duplicate requirements of the home study may be submitted in satisfaction of the relevant requirements of this section.

At a minimum, the study must include the following about the prospective adoptive parent:

(1) a check of criminal conviction data, data on substantiated maltreatment of a child under section 626.556, and domestic violence data of each person over the age of 13 living in the home. The prospective adoptive parents, the bureau of criminal apprehension, and other state, county, and local agencies, after written notice to the subject of the study, shall give the agency completing the adoption study substantiated criminal conviction data and reports about maltreatment of minors and vulnerable adults and domestic violence. The adoption study must also include a check of the juvenile court records of each person over the age of 13 living in the home. Notwithstanding provisions of section 260.161 to the contrary, the juvenile court shall release the requested information to the agency completing the adoption study. The study must include an evaluation of the effect of a conviction or finding of substantiated maltreatment on the ability to care for a child;

(2) medical and social history and current health;

(3) assessment of potential parenting skills;

(4) ability to provide adequate financial support for a child; and

The adoption study must include at least one in-home visit with the prospective adoptive parent. The adoption study is the basis for completion of a written report. The report must be in a format specified by the commissioner and must contain recommendations regarding the suitability of the subject of the study to be an adoptive parent. An adoption study report is valid for 12 months following its date of completion.

A prospective adoptive parent seeking a study under this section must authorize access by the agency to any private data needed to complete the study, must disclose any names used previously other than the name used at the time of the study, and must provide a set of fingerprints, which shall be forwarded to the bureau of criminal apprehension to facilitate the criminal conviction background check required under clause (1).

Sec. 11. [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.]

If an adoptee has resided with a birth relative before being adopted, adoptive parents and that birth relative may enter an agreement under this section regarding communication with or contact between a minor adoptee, adoptive parents, and the birth relative. For purposes of this section, "birth relative" means a parent, stepparent, grandparent, brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood or marriage. For an Indian child, birth relative includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of laws or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act, United States Code, title 25, section 1903.

(a) An agreement regarding communication with or contact between minor adoptees, adoptive parents, and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section. An order must be sought at the same time a petition for adoption is filed. The court shall not enter a proposed order unless the terms of the order have been approved in writing by the prospective adoptive parents, a birth relative who desires to be a party to the agreement, and, if the child is in the custody or under the guardianship of an agency, a representative of the agency. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The court shall not enter a proposed order unless the court finds that the communication or contact between the minor adoptee, the adoptive parents, and a birth relative as agreed upon and contained in the proposed order would be in the minor adoptee's best interests.

(b) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by the court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after that consent has become irrevocable.

(c) An agreed order entered under this section may be enforced or modified by filing a petition or motion with the family court that includes a certified copy of the order granting the communication, contact, or visitation, but only if the petition or motion is accompanied by an affidavit that the parties have mediated or attempted to mediate any dispute under the agreement or that the parties agree to a proposed modification. The prevailing party may be awarded reasonable attorney's fees and costs. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the minor adoptee, and:

(1) the modification is agreed to by the adoptive parent and the birth relative; or

(2) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

Sec. 12. Minnesota Statutes 1996, section 259.59, is amended by adding a subdivision to read:

Sec. 13. Minnesota Statutes 1996, section 259.67, subdivision 2, is amended to read:

Subd. 2. [ADOPTION ASSISTANCE AGREEMENT.] The placing agency shall certify a child as eligible for adoption assistance according to rules promulgated by the commissioner. When Not later than 30 days after a parent or parents are found and approved for adoptive placement of a child certified as eligible for adoption assistance, and before the final decree of adoption is issued, a written agreement must be entered into by the commissioner, the adoptive parent or parents, and the placing agency. The written agreement must be in the form prescribed by the commissioner and must set forth the responsibilities of all parties, the anticipated duration of the adoption assistance payments, and the payment terms. The adoption assistance agreement shall be subject to the commissioner's approval, which must be granted or denied not later than 15 days after the agreement is entered.

The amount of adoption assistance is subject to the availability of state and federal funds and shall be determined through agreement with the adoptive parents. The agreement shall take into consideration the circumstances of the adopting parent or parents, the needs of the child being adopted and may provide ongoing monthly assistance, supplemental maintenance expenses related to the adopted person's special needs, nonmedical expenses periodically necessary for purchase of services, items, or equipment related to the special needs, and medical expenses. The placing agency or the adoptive parent or parents shall provide written documentation to support the need for adoption assistance payments. The commissioner may require periodic reevaluation of adoption assistance payments. The amount of ongoing monthly adoption assistance granted may in no case exceed that which would be allowable for the child under foster family care and is subject to the availability of state and federal funds.

Sec. 14. Minnesota Statutes 1996, section 260.012, is amended to read:

260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE EFFORTS.]

(a) If a child in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts including culturally appropriate services by the social service agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest possible time, consistent with the best interests, safety, and protection of the child. The court may, upon motion and hearing, order the cessation of reasonable efforts if the court finds that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances. In the case of an Indian child, in proceedings under sections 260.172, 260.191, and 260.221 the juvenile court must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. If a child is under the court's delinquency jurisdiction, it shall be the duty of the court to ensure that reasonable efforts are made to reunite the child with the child's family at the earliest possible time, consistent with the best interests of the child and the safety of the public.

(b) "Reasonable efforts" means the exercise of due diligence by the responsible social service agency to use appropriate and available services to meet the needs of the child and the child's family in order to prevent removal of the child from the child's family; or upon removal, services to eliminate the need for removal and reunite the family. Services may include those listed under section 256F.07, subdivision 3, and other appropriate services available in the community. The social service agency has the burden of demonstrating that it has made reasonable efforts. or that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances. Reunification of a surviving child with a parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, any offense in sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of an offense in section 609.222, subdivision 2; or 609.223, in regard to the surviving child; or

(c) The juvenile court, in proceedings under sections 260.172, 260.191, and 260.221 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances.

(d) This section does not prevent out-of-home placement for treatment of a child with a mental disability when the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program.

Sec. 15. Minnesota Statutes 1996, section 260.015, subdivision 2a, is amended to read:

Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child in need of protection or services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse, or (ii) resides with or has resided with a victim of domestic child abuse as defined in subdivision 24, (iii) resides with or would reside with a perpetrator of domestic child abuse or child abuse as defined in subdivision 28, or (iv) is a victim of emotional maltreatment as defined in subdivision 5a;

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

(10) has committed a delinquent act before becoming ten years old;

(11) is a runaway;

(12) is an habitual truant; or

(13) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

(14) is one whose custodial parent's parental rights to another child have been involuntarily terminated within the past five years.

Sec. 16. Minnesota Statutes 1996, section 260.015, subdivision 29, is amended to read:

Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the infliction of bodily harm to a child or neglect of a child which demonstrates a grossly inadequate ability to provide minimally adequate parental care. The egregious harm need not have occurred in the state or in the county where a termination of parental rights action is otherwise properly venued. Egregious harm includes, but is not limited to:

(1) conduct towards a child that constitutes a violation of sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or any other similar law of the United States or any other state;

(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02, subdivision 8;

(3) conduct towards a child that constitutes felony malicious punishment of a child under section 609.377;

(4) conduct towards a child that constitutes felony unreasonable restraint of a child under section 609.255, subdivision 3;

(5) conduct towards a child that constitutes felony neglect or endangerment of a child under section 609.378;

(6) conduct towards a child that constitutes assault under section 609.221, 609.222, or 609.223;

(7) conduct towards a child that constitutes solicitation, inducement, or promotion of prostitution under section 609.322; or

(8) conduct towards a child that constitutes receiving profit derived from prostitution under section 609.323; or

(9) conduct toward a child that constitutes a violation of United States Code, title 18, section 1111(a) or 1112(a).

Sec. 17. Minnesota Statutes 1996, section 260.131, subdivision 1, is amended to read:

(b) A petition for a child in need of protection filed by an individual who is not a county attorney or an agent of the commissioner of human services shall be filed on a form developed by the state court administrator and provided to court administrators. Copies of the form may be obtained from the court administrator in each county. The court administrator shall review the petition before it is filed to determine that it is completed. The court administrator may reject the petition if it does not indicate that the petitioner has contacted the local social service agency.

An individual may file a petition under this subdivision without seeking internal review of the local social service agency's decision. The court shall determine whether there is probable cause to believe that a need for protection or services exists before the matter is set for hearing. If the matter is set for hearing, the court administrator shall notify the local social service agency by sending notice to the county attorney.

The petition must contain:

(1) a statement of facts that would establish, if proven, that there is a need for protection or services for the child named in the petition;

(2) a statement that petitioner has reported the circumstances underlying the petition to the local social service agency, and protection or services were not provided to the child;

(3) a statement whether there are existing juvenile or family court custody orders or pending proceedings in juvenile or family court concerning the child; and

(4) a statement of the relationship of the petitioner to the child and any other parties.

The court may not allow a petition to proceed under this paragraph if it appears that the sole purpose of the petition is to modify custody between the parents.

Sec. 18. Minnesota Statutes 1996, section 260.131, subdivision 2, is amended to read:

Subd. 2. The petition shall be verified by the person having knowledge of the facts and may be on information and belief. Unless otherwise provided by this section or by rule or order of the court, the county attorney shall draft the petition upon the showing of reasonable grounds to support the petition.

Sec. 19. Minnesota Statutes 1996, section 260.155, subdivision 1a, is amended to read:

Subd. 1a. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child who is the subject of a petition, and the parents, guardian, or lawful legal custodian of the child have the right to participate in all proceedings on a petition. Official tribal representatives have the right to participate in any proceeding that is subject to the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.

Any grandparent of the child has a right to participate in the proceedings to the same extent as a parent, if the child has lived with the grandparent within the two years preceding the filing of the petition. At the first hearing following the filing of a petition, the court shall ask whether the child has lived with a grandparent within the last two years, except that the court need not make this inquiry if the petition states that the child did not live with a grandparent during this time period. Failure to notify a grandparent of the proceedings is not a jurisdictional defect.

Sec. 20. Minnesota Statutes 1996, 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. 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.

(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 appropriate, except a juvenile petty offender who does not have the right to counsel under paragraph (a).

(d) Counsel for the child shall not also act as the child's guardian ad litem.

(e) In any proceeding where the subject of a petition for a child in need of protection or services is not represented by an attorney, the court shall determine the child's preferences regarding the proceedings, if the child is of suitable age to express a preference.

Sec. 21. Minnesota Statutes 1996, section 260.155, subdivision 3, is amended to read:

Subd. 3. [COUNTY ATTORNEY.] Except in adoption proceedings, the county attorney shall present the evidence upon request of the court. In representing the agency, the county attorney shall also have the responsibility for advancing the public interest in the welfare of the child.

Sec. 22. Minnesota Statutes 1996, section 260.155, subdivision 4, is amended to read:

Subd. 4. [GUARDIAN AD LITEM.] (a) The court shall appoint a guardian ad litem to protect the interests of the minor when it appears, at any stage of the proceedings, that the minor is without a parent or guardian, or that the minor's parent is a minor or incompetent, or that the parent or guardian is indifferent or hostile to the minor's interests, and in every proceeding alleging a child's need for protection or services under section 260.015, subdivision 2a, clauses (1) to (10). In any other case the court may appoint a guardian ad litem to protect the interests of the minor when the court feels that such an appointment is desirable. The court shall appoint the guardian ad litem on its own motion or in the manner provided for the appointment of a guardian ad litem in the district court. The court may appoint separate counsel for the guardian ad litem if necessary.

(b) A guardian ad litem shall carry out the following responsibilities:

(1) conduct an independent investigation to determine the facts relevant to the situation of the child and the family, which must include, unless specifically excluded by the court, reviewing relevant documents; meeting with and observing the child in the home setting and considering the child's wishes, as appropriate; and interviewing parents, caregivers, and others with knowledge relevant to the case;

(2) advocate for the child's best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary;

(3) maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child;

(5) present written reports on the child's best interests that include conclusions and recommendations and the facts upon which they are based.

(c) The court may waive the appointment of a guardian ad litem pursuant to clause (a), whenever counsel has been appointed pursuant to subdivision 2 or is retained otherwise, and the court is satisfied that the interests of the minor are protected.

(d) In appointing a guardian ad litem pursuant to clause (a), the court shall not appoint the party, or any agent or employee thereof, filing a petition pursuant to section 260.131.

(e) The following factors shall be considered when appointing a guardian ad litem in a case involving an Indian or minority child:

(1) whether a person is available who is the same racial or ethnic heritage as the child or, if that is not possible;

(2) whether a person is available who knows and appreciates the child's racial or ethnic heritage.

Sec. 23. Minnesota Statutes 1996, section 260.155, subdivision 8, is amended to read:

Subd. 8. [WAIVER.] (a) Waiver of any right which a child has under this chapter must be an express waiver voluntarily and intelligently made by the child after the child has been fully and effectively informed of the right being waived. If a child is under 12 years of age, the child's parent, guardian or custodian shall give any waiver or offer any objection contemplated by this chapter not represented by counsel, any waiver must be given or any objection must be offered by the child's guardian ad litem.

(b) Waiver of a child's right to be represented by counsel provided under the juvenile court rules must be an express waiver voluntarily and intelligently made by the child after the child has been fully and effectively informed of the right being waived. In determining whether a child has voluntarily and intelligently waived the right to counsel, the court shall look to the totality of the circumstances which includes but is not limited to the child's age, maturity, intelligence, education, experience, and ability to comprehend, and the presence and competence of the child's parents, guardian, or guardian ad litem. If the court accepts the child's waiver, it shall state on the record the findings and conclusions that form the basis for its decision to accept the waiver.

Sec. 24. Minnesota Statutes 1996, section 260.161, is amended by adding a subdivision to read:

Subd. 3a. [ATTORNEY ACCESS TO RECORDS.] An attorney representing a child, parent, or guardian ad litem in a proceeding under this chapter shall be given access to records, local social service agency files, and reports which form the basis of any recommendation made to the court. An attorney does not have access under this subdivision to the identity of a person who made a report under section 626.556. The court may issue protective orders to prohibit an attorney from sharing a specified record or portion of a record with a client other than a guardian ad litem.

Sec. 25. Minnesota Statutes 1996, section 260.165, subdivision 3, is amended to read:

Sec. 26. Minnesota Statutes 1996, section 260.191, subdivision 3a, is amended to read:

Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If the court places a child in a residential facility, as defined in section 257.071, subdivision 1, the court shall review the out-of-home placement at least every six months to determine whether continued out-of-home placement is necessary and appropriate or whether the child should be returned home. The court shall review agency efforts pursuant to section 257.072, subdivision 1, and order that the efforts continue if the agency has failed to perform the duties under that section. The court shall review the case plan and may modify the case plan as provided under subdivisions 1e and 2. If the court orders continued out-of-home placement, the court shall notify the parents of the provisions of subdivision 3b.

(b) When the court determines that a permanent placement hearing is necessary because there is a likelihood that the child will not return to a parent's care, the court may authorize the agency with custody of the child to send the notice provided in this paragraph to any adult with whom the child is currently residing, any adult with whom the child has resided for one year or longer in the past, any adult who has maintained a relationship or exercised visitation with the child as identified in the agency case plan for the child or demonstrated an interest in the child, and any relative who has provided a current address to the local social service agency. This notice must not be provided to a parent whose parental rights to the child have been terminated under section 260.221, subdivision 1. The notice must state that a permanent home is sought for the child and that individuals receiving the notice may indicate to the agency within 30 days their interest in providing a permanent home.

Sec. 27. Minnesota Statutes 1996, section 260.191, subdivision 3b, is amended to read:

Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT PLACEMENT DETERMINATION.] (a) If the court places a child in a residential facility, as defined in section 257.071, subdivision 1, The court shall conduct a hearing to determine the permanent status of the a child not later than 12 months after the child was is placed out of the home of the parent.

For purposes of this subdivision, the date of the child's placement out of the home of the parent is the earlier of the first court-ordered placement or the first court approved placement under section 257.071, subdivision 3, of a child who had been in voluntary placement.

For purposes of this subdivision, 12 months is calculated as follows:

(1) during the pendency of a petition alleging that a child is in need of protection or services, all time periods a child is placed out of the home of the parent are cumulated;

(2) if a child has been placed out of the home of the parent within the previous five years in connection with one or more prior petitions for a child in need of protection or services, the length of all prior time periods the child was placed out of the home within the previous five years and under the current petition, are cumulated. If a child under this clause has been out of the home for 12 months or more, the court, if it is in the best interests of the child, may extend the total time the child may continue out of the home under the current petition up to an additional six months before making a permanency determination.

(b) Not later than ten days prior to this hearing, the responsible social service agency shall file pleadings to establish the basis for the permanent placement determination. Notice of the hearing and copies of the pleadings must be provided pursuant to section 260.141. If a termination of parental rights petition is filed before the date required for the permanency planning determination, no hearing need be conducted under this section subdivision. The court shall determine whether the child is to be returned home or, if not, what permanent placement is consistent with the child's best interests. The "best interests of the child" means all relevant factors to be considered and evaluated.

(c) If the child is not returned to the home, the dispositions available for permanent placement determination are:

(2) termination of parental rights and adoption; the social service agency shall file a petition for termination of parental rights under section 260.231 and all the requirements of sections 260.221 to 260.245 remain applicable. An adoption ordered under this subdivision may include an agreement for communication or contact under section 259.58; or

(3) long-term foster care; transfer of legal custody and adoption are preferred permanency options for a child who cannot return home. The court may order a child into long-term foster care only if it finds that neither an award of legal and physical custody to a relative, nor termination of parental rights nor adoption is in the child's best interests. Further, the court may only order long-term foster care for the child under this section if it finds the following:

(i) the child has reached age 12 and reasonable efforts by the responsible social service agency have failed to locate an adoptive family for the child; or

(ii) the child is a sibling of a child described in clause (i) and the siblings have a significant positive relationship and are ordered into the same long-term foster care home.; or

(4) foster care for a specified period of time may be ordered only if:

(i) the sole basis for an adjudication that a child is in need of protection or services is that the child is a runaway, is an habitual truant, or committed a delinquent act before age ten; and

(ii) the court finds that foster care for a specified period of time is in the best interests of the child.

(b) The court may extend the time period for determination of permanent placement to 18 months after the child was placed in a residential facility if:

(1) there is a substantial probability that the child will be returned home within the next six months;

(2) the agency has not made reasonable, or, in the case of an Indian child, active efforts, to correct the conditions that form the basis of the out-of-home placement; or

(3) extraordinary circumstances exist precluding a permanent placement determination, in which case the court shall make written findings documenting the extraordinary circumstances and order one subsequent review after six months to determine permanent placement. A court finding that extraordinary circumstances exist precluding a permanent placement determination must be supported by detailed factual findings regarding those circumstances.

(c) (d) In ordering a permanent placement of a child, the court must be governed by the best interests of the child, including a review of the relationship between the child and relatives and the child and other important persons with whom the child has resided or had significant contact.

(d) (e) Once a permanent placement determination has been made and permanent placement has been established, further reviews are only necessary if the placement is made under paragraph (c), clause (4), review is otherwise required by federal law, an adoption has not yet been finalized, or there is a disruption of the permanent or long-term placement. If required, reviews must take place no less frequently than every six months.

(e) (f) An order under this subdivision must include the following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service agency's reasonable efforts, or, in the case of an Indian child, active efforts, to reunify the child with the parent or parents;

(3) the parent's or parents' efforts and ability to use services to correct the conditions which led to the out-of-home placement;

(5) if the child cannot be returned home, whether there is a substantial probability of the child being able to return home in the next six months.

(f) (g) An order for permanent legal and physical custody of a child may be modified under sections 518.18 and 518.185. The social service agency is a party to the proceeding and must receive notice. An order for long-term foster care is reviewable upon motion and a showing by the parent of a substantial change in the parent's circumstances such that the parent could provide appropriate care for the child and that removal of the child from the child's permanent placement and the return to the parent's care would be in the best interest of the child.

Sec. 28. Minnesota Statutes 1996, section 260.191, subdivision 4, is amended to read:

Subd. 4. [CONTINUANCE OF CASE.] When If it is in the best interests of the child or the child's parents to do so and when either if the allegations contained in the petition have been admitted, or when a hearing has been held as provided in section 260.155 and the allegations contained in the petition have been duly proven, before the entry of a finding of need for protection or services or a finding that a child is neglected and in foster care has been entered, the court may continue the case for a period not to exceed 90 days on any one order. Such a continuance may be extended for one additional successive period not to exceed 90 days and only after the court has reviewed the case and entered its order for an additional continuance without a finding that the child is in need of protection or services or neglected and in foster care. During this continuance the court may enter any order otherwise permitted under the provisions of this section. Following the 90-day continuance:

(1) if both the parent and child have complied with the terms of the continuance, the case must be dismissed without an adjudication that the child is in need of protection or services or that the child is neglected and in foster care; or

(2) if either the parent or child has not complied with the terms of the continuance, the court shall adjudicate the child in need of protection or services or neglected and in foster care.

Sec. 29. Minnesota Statutes 1996, section 260.192, is amended to read:

260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.]

Upon a petition for review of the foster care status of a child, the court may:

(a) In the case of a petition required to be filed under section 257.071, subdivision 3, find that the child's needs are being met, that the child's placement in foster care is in the best interests of the child, and that the child will be returned home in the next six months, in which case the court shall approve the voluntary arrangement and continue the matter for six months to assure the child returns to the parent's home.

(b) In the case of a petition required to be filed under section 257.071, subdivision 4, find that the child's needs are being met and that the child's placement in foster care is in the best interests of the child, in which case the court shall approve the voluntary arrangement. The court shall order the social service agency responsible for the placement to bring a petition under section 260.131, subdivision 1 or 1a, as appropriate, within two years 12 months.

(c) Find that the child's needs are not being met, in which case the court shall order the social service agency or the parents to take whatever action is necessary and feasible to meet the child's needs, including, when appropriate, the provision by the social service agency of services to the parents which would enable the child to live at home, and order a disposition under section 260.191.

(d) Find that the child has been abandoned by parents financially or emotionally, or that the developmentally disabled child does not require out-of-home care because of the handicapping condition, in which case the court shall order the social service agency to file an appropriate petition pursuant to sections 260.131, subdivision 1, or 260.231.

Sec. 30. Minnesota Statutes 1996, section 260.221, subdivision 1, is amended to read:

Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile court may upon petition, terminate all rights of a parent to a child in the following cases:

(a) With the written consent of a parent who for good cause desires to terminate parental rights; or

(b) If it finds that one or more of the following conditions exist:

(1) that the parent has abandoned the child. Abandonment is presumed when:

(i) the parent has had no contact with the child on a regular basis and no demonstrated, consistent interest in the child's well-being for six months; and

(ii) the social service agency has made reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or physical hardship or treatment for mental disability or chemical dependency or other good cause prevented the parent from making contact with the child. This presumption does not apply to children whose custody has been determined under chapter 257 or 518. The court is not prohibited from finding abandonment in the absence of this presumption; or

(2) that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and reasonable efforts by the social service agency have failed to correct the conditions that formed the basis of the petition; or

(3) that a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth; or

(4) that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that:

(i) the child was adjudicated in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); and

(ii) within the three-year period immediately prior to that adjudication, the parent's parental rights to one or more other children were involuntarily terminated under clause (1), (2), (4), or (7), or under clause (5) if the child was initially determined to be in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); or

(5) that following upon a determination of neglect or dependency, or of a child's need for protection or services, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination. It is presumed that reasonable efforts under this clause have failed upon a showing that:

(i) a child has resided out of the parental home under court order for a cumulative period of more than one year within a five-year period following an adjudication of dependency, neglect, need for protection or services under section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or neglected and in foster care, and an order for disposition under section 260.191, including adoption of the case plan required by section 257.071;

(iii) reasonable efforts have been made by the social service agency to rehabilitate the parent and reunite the family.

This clause does not prohibit the termination of parental rights prior to one year after a child has been placed out of the home.

It is also presumed that reasonable efforts have failed under this clause upon a showing that:

(i) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;

(ii) the parent has been required by a case plan to participate in a chemical dependency treatment program;

(iii) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;

(iv) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and

(v) the parent continues to abuse chemicals.

Provided, that this presumption applies only to parents required by a case plan to participate in a chemical dependency treatment program on or after July 1, 1990; or

(6) that a child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care; or

(7) that in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and either the person has not filed a notice of intent to retain parental rights under section 259.51 or that the notice has been successfully challenged; or

(8) that the child is neglected and in foster care.

In an action involving an American Indian child, sections 257.35 to 257.3579 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws; or

(9) that the parent has been convicted of a crime listed in section 260.012, paragraph (b), clauses (1) to (3).

Sec. 31. Minnesota Statutes 1996, section 260.221, subdivision 5, is amended to read:

Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any proceeding under this section, the court shall make specific findings:

(1) regarding the nature and extent of efforts made by the social service agency to rehabilitate the parent and reunite the family.;

(2) that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances; or

(3) that reunification is not required because the parent has been convicted of a crime listed in section 260.012, paragraph (b), clauses (1) to (3).

Sec. 32. Minnesota Statutes 1996, section 260.241, subdivision 1, is amended to read:

between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceeding concerning the child. Provided, however, that a parent whose parental rights are terminated:

(1) shall remain liable for the unpaid balance of any support obligation owed under a court order upon the effective date of the order terminating parental rights; and

(2) may be a party to a communication or contact agreement under section 259.58.

Sec. 33. Minnesota Statutes 1996, section 260.241, subdivision 3, is amended to read:

Subd. 3. (a) A certified copy of the findings and the order terminating parental rights, and a summary of the court's information concerning the child shall be furnished by the court to the commissioner or the agency to which guardianship is transferred. The orders shall be on a document separate from the findings. The court shall furnish the individual to whom guardianship is transferred a copy of the order terminating parental rights.

(b) The court shall retain jurisdiction in a case where adoption is the intended permanent placement disposition. The guardian ad litem and counsel for the child shall continue on the case until an adoption decree is entered. A hearing must be held every 90 days following termination of parental rights for the court to review progress toward an adoptive placement.

(c) The court shall retain jurisdiction in a case where long-term foster care is the permanent disposition. The guardian ad litem and counsel for the child must be dismissed from the case on the effective date of the permanent placement order. However, the foster parent and the child, if of sufficient age, must be informed how they may contact a guardian ad litem if the matter is subsequently returned to court.

Sec. 34. [UNIFORM PRIVATE CHIPS PETITION.]

The state court administrator shall prepare and make available to court administrators in each county the private CHIPS petition form required by Minnesota Statutes, section 260.131, subdivision 1.

Sec. 35. [JUVENILE CODE RECODIFICATION.]

The revisor of statutes shall reorganize Minnesota Statutes, chapter 260, and other laws relating to child protection and child welfare services to create separate, comprehensible areas of law dealing with child protection and delinquency in the form of a bill for introduction at the 1998 regular legislative session.

Sec. 36. [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.]

The commissioner of human services shall explore strategies and incentives to facilitate recruitment of foster and adoptive families. The commissioner shall report to the supreme court and the chairs of the committees on the judiciary and on health and human services in the house of representatives and the senate by February 1, 1998, on an action proposal and whether any legislation is needed to implement it.

Sec. 37. [COURT CONTINUITY AND CASE MANAGEMENT.]

The chief judges of the district courts, in consultation with the state court administrator, shall develop case management systems so that one judge hears all phases of a proceeding on a child in need of protection or services, including permanent placement or adoption, if any. The chief judges shall consider the "one judge, one family" model and the experience of the Ramsey county pilot project.

Sec. 38. [SOCIAL SERVICE CONTINUITY.]

Sec. 39. [REPEALER.]

Minnesota Statutes 1996, section 259.33, is repealed.

Sec. 40. [EFFECTIVE DATE; APPLICATION.]

Section 1, subdivisions 1 and 2, are effective the day following final enactment.

Section 1, subdivisions 3 to 8, are effective July 1, 1997.

Section 27, paragraph (a), clause (2), applies to children who were first placed outside the home on or after August 1, 1995.

Section 1. Minnesota Statutes 1996, section 169.042, subdivision 1, is amended to read:

Subdivision 1. [NOTIFICATION.] A The law enforcement agency that originally received the report of a vehicle theft shall make a reasonable and good-faith effort to notify the victim of a the reported vehicle theft within 48 hours after the agency recovers the vehicle recovering the vehicle or receiving notification that the vehicle has been recovered. The notice must specify when the recovering law enforcement agency expects to release the vehicle to the owner and how where the owner may pick up the vehicle. The law enforcement agency that recovers the vehicle must promptly inform the agency that received the theft report that the vehicle is recovered, where the vehicle is located, and when the vehicle can be released to the owner.

Sec. 2. [TITLE.]

Sections 3, 4, 8, 9, 10, 12, 13, and 15 shall be known as the "Alex and Brandon Frank Child Safety Act."

Sec. 3. Minnesota Statutes 1996, section 256F.09, subdivision 2, is amended to read:

Subd. 2. [FUNDING.] The commissioner may award grants to create or maintain family visitation centers.

In awarding grants to maintain a family visitation center, the commissioner may award a grant to a center that can demonstrate a 35 percent local match, provided the center is diligently exploring and pursuing all available funding options in an effort to become self-sustaining, and those efforts are reported to the commissioner.

In awarding grants to create a family visitation center, the commissioner shall give priority to:

(1) areas of the state where no other family visitation center or similar facility exists;

(2) applicants who demonstrate that private funding for the center is available and will continue; and

(3) facilities that are adapted for use to care for children, such as day care centers, religious institutions, community centers, schools, technical colleges, parenting resource centers, and child care referral services.

In awarding grants to create or maintain a family visitation center, the commissioner shall require the proposed center to meet standards developed by the commissioner to ensure the safety of the custodial parent and children.

Sec. 4. Minnesota Statutes 1996, section 256F.09, subdivision 3, is amended to read:

Sec. 5. Minnesota Statutes 1996, section 260.161, subdivision 2, is amended to read:

Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as otherwise provided in this section, and except for legal records arising from proceedings or portions of proceedings that are public under section 260.155, subdivision 1, none of the records of the juvenile court and none of the records relating to an appeal from a nonpublic juvenile court proceeding, except the written appellate opinion, shall be open to public inspection or their contents disclosed except (a) by order of a court or, (b) as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who is the subject of a delinquency petition shall be released to the victim of the alleged delinquent act upon the victim's request; unless it reasonably appears that release would interfere with the prosecution of the petition or it reasonably appears that the request is prompted by a desire on the part of the requester to engage in unlawful activities. The records of juvenile probation officers and county home schools are records of the court for the purposes of this subdivision. Court services data relating to delinquent acts that are contained in records of the juvenile court may be released as allowed under section 13.84, subdivision 5a. This subdivision applies to all proceedings under this chapter, including appeals from orders of the juvenile court, except that this subdivision does not apply to proceedings under section 260.255, 260.261, or 260.315 when the proceeding involves an adult defendant. The court shall maintain the confidentiality of adoption files and records in accordance with the provisions of laws relating to adoptions. In juvenile court proceedings any report or social history furnished to the court shall be open to inspection by the attorneys of record and the guardian ad litem a reasonable time before it is used in connection with any proceeding before the court.

When a judge of a juvenile court, or duly authorized agent of the court, determines under a proceeding under this chapter that a child has violated a state or local law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets and highways, except parking violations, the judge or agent shall immediately report the violation to the commissioner of public safety. The report must be made on a form provided by the department of public safety and must contain the information required under section 169.95.

Sec. 6. Minnesota Statutes 1996, section 260.161, subdivision 3, is amended to read:

Subd. 3. [PEACE OFFICER 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 18 years of age or older and are private data but shall be disseminated: (1) by order of the juvenile court, (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) to the Minnesota crime victims reparations board as required by section 611A.56, subdivision 2, clause (f), for the purpose of processing claims for crime victims reparations, or (6) 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.

(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.

(h) Upon written request, the prosecuting authority shall release investigative data collected by a law enforcement agency to the victim of a criminal act or alleged criminal act or to the victim's legal representative, except as otherwise provided by this paragraph. Data shall not be released if:

(1) the release to the individual subject of the data would be prohibited under section 13.391; or

(2) the prosecuting authority reasonably believes:

(i) that the release of that data will interfere with the investigation; or

(ii) that the request is prompted by a desire on the part of the requester to engage in unlawful activities.

Sec. 7. Minnesota Statutes 1996, section 480.30, subdivision 1, is amended to read:

Subdivision 1. [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] The supreme court's judicial education program must include ongoing training for district court judges on child and adolescent sexual abuse, domestic abuse, harassment, stalking, and related civil and criminal court issues. The program must include the following:

(1) information about the specific needs of victims. The program must include;

(2) education on the causes of sexual abuse and family violence and;

(4) education on the impacts of domestic abuse and domestic abuse allegations on children and the importance of considering these impacts when making visitation and child custody decisions under chapter 518.

The program also must emphasize the need for the coordination of court and legal victim advocacy services and include education on sexual abuse and domestic abuse programs and policies within law enforcement agencies and prosecuting authorities as well as the court system.

Sec. 8. Minnesota Statutes 1996, section 518.10, is amended to read:

518.10 [REQUISITES OF PETITION.]

The petition for dissolution of marriage or legal separation shall state and allege:

(a) The name and address of the petitioner and any prior or other name used by the petitioner;

(b) The name and, if known, the address of the respondent and any prior or other name used by the respondent and known to the petitioner;

(c) The place and date of the marriage of the parties;

(d) In the case of a petition for dissolution, that either the petitioner or the respondent or both:

(1) Has resided in this state for not less than 180 days immediately preceding the commencement of the proceeding, or

(2) Has been a member of the armed services and has been stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, or

(3) Has been a domiciliary of this state for not less than 180 days immediately preceding the commencement of the proceeding;

(e) The name at the time of the petition and any prior or other name, age and date of birth of each living minor or dependent child of the parties born before the marriage or born or adopted during the marriage and a reference to, and the expected date of birth of, a child of the parties conceived during the marriage but not born;

(f) Whether or not a separate proceeding for dissolution, legal separation, or custody is pending in a court in this state or elsewhere;

(g) In the case of a petition for dissolution, that there has been an irretrievable breakdown of the marriage relationship;

(h) In the case of a petition for legal separation, that there is a need for a decree of legal separation; and

(i) Any temporary or permanent maintenance, child support, child custody, disposition of property, attorneys' fees, costs and disbursements applied for without setting forth the amounts; and

(j) Whether an order for protection under chapter 518B or a similar law of another state that governs the parties or a party and a minor child of the parties is in effect and, if so, the district court or similar jurisdiction in which it was entered.

The petition shall be verified by the petitioner or petitioners, and its allegations established by competent evidence.

Sec. 9. Minnesota Statutes 1996, section 518.175, is amended by adding a subdivision to read:

(b) The state court administrator shall develop standards to be met by persons who are responsible for supervising visitation. Either parent may challenge the appropriateness of an individual chosen by the court to supervise visitation.

Sec. 10. Minnesota Statutes 1996, section 518.175, subdivision 5, is amended to read:

Subd. 5. The court shall modify an order granting or denying visitation rights whenever modification would serve the best interests of the child. Except as provided in section 631.52, the court may not restrict visitation rights unless it finds that:

(1) the visitation is likely to endanger the child's physical or emotional health or impair the child's emotional development; or

(2) the noncustodial parent has chronically and unreasonably failed to comply with court-ordered visitation.

If the custodial parent makes specific allegations that visitation places the custodial parent or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine the need to modify the order granting visitation rights. Consistent with subdivision 1a, the court may require a third party, including the local social services agency, to supervise the visitation or may restrict a parent's visitation rights if necessary to protect the custodial parent or child from harm.

Sec. 11. Minnesota Statutes 1996, section 518.179, subdivision 2, is amended to read:

Subd. 2. [APPLICABLE CRIMES.] This section applies to the following crimes or similar crimes under the laws of the United States, or any other state:

(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(2) manslaughter in the first degree under section 609.20;

(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(4) kidnapping under section 609.25;

(5) depriving another of custodial or parental rights under section 609.26;

(6) soliciting, inducing, or promoting prostitution involving a minor under section 609.322;

(7) receiving profit from prostitution involving a minor under section 609.323;

(8) criminal sexual conduct in the first degree under section 609.342;

(9) criminal sexual conduct in the second degree under section 609.343;

(10) criminal sexual conduct in the third degree under section 609.344, subdivision 1, paragraph (c), (f), or (g);

(11) solicitation of a child to engage in sexual conduct under section 609.352;

(12) incest under section 609.365;

(13) malicious punishment of a child under section 609.377; or

(14) neglect of a child under section 609.378;

(15) terroristic threats under section 609.713; or

Sec. 12. Minnesota Statutes 1996, section 518B.01, subdivision 4, is amended to read:

Subd. 4. [ORDER FOR PROTECTION.] There shall exist an action known as a petition for an order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household member personally or by a family or household member, a guardian as defined in section 524.1-201, clause (20), or, if the court finds that it is in the best interests of the minor, by a reputable adult age 25 or older on behalf of minor family or household members. A minor age 16 or older may make a petition on the minor's own behalf against a spouse or former spouse, or a person with whom the minor has a child in common, if the court determines that the minor has sufficient maturity and judgment and that it is in the best interests of the minor.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(c) A petition for relief must state whether the petitioner has ever had an order for protection in effect against the respondent.

(d) A petition for relief must state whether there is an existing order for protection in effect under this chapter governing both the parties and whether there is a pending lawsuit, complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B, or 518C. The court administrator shall verify the terms of any existing order governing the parties. The court may not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A subsequent order in a separate action under this chapter may modify only the provision of an existing order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there is a pending action between the parties.

(e) The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section.

(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with the writing and filing of the motion and affidavit.

(g) The court shall advise a petitioner under paragraph (e) of the right to serve the respondent by published notice under subdivision 5, paragraph (b), if the respondent is avoiding personal service by concealment or otherwise, and shall assist with the writing and filing of the affidavit.

(h) The court shall advise the petitioner of the right to seek restitution under the petition for relief.

(i) The court shall advise the petitioner of the right to request a hearing under subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall advise the petitioner that the respondent may request a hearing and that notice of the hearing date and time will be provided to the petitioner by mail at least five days before the hearing.

(j) The court shall advise the petitioner of the right to request supervised visitation, as provided in section 518.175, subdivision 1a.

Sec. 13. Minnesota Statutes 1996, section 518B.01, subdivision 8, is amended to read:

Subd. 8. [SERVICE; ALTERNATE SERVICE; PUBLICATION; NOTICE.] (a) The petition and any order issued under this section shall be served on the respondent personally.

(c) If personal service cannot be made, the court may order service of the petition and any order issued under this section by alternate means, or by publication, which publication must be made as in other actions. The application for alternate service must include the last known location of the respondent; the petitioner's most recent contacts with the respondent; the last known location of the respondent's employment; the names and locations of the respondent's parents, siblings, children, and other close relatives; the names and locations of other persons who are likely to know the respondent's whereabouts; and a description of efforts to locate those persons.

The court shall consider the length of time the respondent's location has been unknown, the likelihood that the respondent's location will become known, the nature of the relief sought, and the nature of efforts made to locate the respondent. The court shall order service by first class mail, forwarding address requested, to any addresses where there is a reasonable possibility that mail or information will be forwarded or communicated to the respondent.

The court may also order publication, within or without the state, but only if it might reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after court-ordered publication.

(d) A petition and any order issued under this section must include a notice to the respondent that if an order for protection is issued to protect the petitioner or a child of the parties, upon request of the petitioner in any visitation proceeding, the court shall consider the order for protection in making a decision regarding visitation.

Sec. 14. Minnesota Statutes 1996, 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 or a similar law of another state, 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 or a similar law of another state 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.

(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 or a similar law of another state, 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, or in the county in which the alleged violation occurred, if the petitioner and respondent do not reside in this state. 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 or a similar law of another state 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 under paragraph (a) 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 under paragraph (a) 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 under paragraph (a) 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 under paragraph (a) 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. 15. Minnesota Statutes 1996, section 518B.01, subdivision 17, is amended to read:

Subd. 17. [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent custody proceeding the court may must consider, but is not bound by, a finding in a proceeding under this chapter or under a similar law of another state that domestic abuse has occurred between the parties.

Sec. 16. Minnesota Statutes 1996, section 609.10, is amended to read:

609.10 [SENTENCES AVAILABLE.]

Subdivision 1. [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:

(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.

Subd. 2. [RESTITUTION.] (a) As used in this section, "restitution" includes:

(i) (1) payment of compensation to the victim or the victim's family; and

(ii) (2) 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.

Restitution includes payment of compensation to a government entity that incurs loss as a direct result of crime.

(b) When the defendant does not pay the entire amount of court-ordered restitution and the fine at the same time, all restitution ordered by the court shall be paid before the fine is paid.

Sec. 17. Minnesota Statutes 1996, section 609.125, is amended to read:

609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]

Subdivision 1. [SENTENCES AVAILABLE.] 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.

Subd. 2. [RESTITUTION.] (a) As used in this section, "restitution" includes:

(i) (1) payment of compensation to the victim or the victim's family; and

(ii) (2) 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.

(b) When the defendant does not pay the entire amount of court-ordered restitution and the fine at the same time, all restitution ordered by the court shall be paid before the fine is paid.

Sec. 18. Minnesota Statutes 1996, section 609.2244, is amended to read:

609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS INVESTIGATIONS.]

Subdivision 1. [DOMESTIC ABUSE ASSESSMENT INVESTIGATION.] A presentence domestic abuse assessment investigation must be conducted and an assessment a report submitted to the court by the county corrections agency responsible for administering the assessment conducting the investigation 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 department of corrections shall establish minimum standards for the report, 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. Victim impact statements are confidential.

(b) The assessment report must include:

(1) a recommendation on any limitations on contact with the victim and other measures to ensure the victim's safety;

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

(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 CORRECTIONS AGENTS STANDARDS; RULES; ASSESSMENT INVESTIGATION TIME LIMITS.] A domestic abuse assessment investigation 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 corrections agent 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 A corrections agent conducting an assessment investigation 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 investigation must 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.

Sec. 19. Minnesota Statutes 1996, 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) a government entity that incurs loss or harm as a result of a crime, and (iii) 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. 20. Minnesota Statutes 1996, section 611A.035, is amended to read:

611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.]

Subdivision 1. [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] A prosecutor may elect not to disclose a victim's or witness's home or employment address or telephone number if the prosecutor certifies to the trial court that:

(1) the defendant or respondent has been charged with or alleged to have committed a crime;

(2) the nondisclosure is needed to address the victim's or witness's concerns about safety or security;

(3) the victim's or witness's home or employment address or telephone number is not relevant to the prosecution's case; and

(4) the prosecutor or the prosecutor's agent is willing to establish telephone contact between defense counsel or defense counsel's agent and the victim or witness.

This subdivision shall not be construed to compel a victim or witness to give any statement to defense counsel or defense counsel's agent.

Subd. 2. [WITNESS TESTIMONY IN COURT.] No victim or witness providing testimony in court proceedings may be compelled to state a home or employment address on the record in open court unless the court finds that the testimony would be relevant evidence.

Sec. 21. Minnesota Statutes 1996, section 611A.038, is amended to read:

611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.]

(a) A victim has the right to submit an impact statement to the court at the time of sentencing or disposition hearing. The impact statement may be presented to the court orally or in writing, at the victim's option. If the victim requests, the prosecutor must orally present the statement to the court.

Statements may include the following, subject to reasonable limitations as to time and length:

(2) a summary of the economic loss or damage suffered by the victim as a result of the crime; and

(3) a victim's reaction to the proposed sentence or disposition.

(b) A representative of the community affected by the crime may submit an impact statement in the same manner that a victim may as provided in paragraph (a). This impact statement shall describe the adverse social or economic effects the offense has had on persons residing and businesses operating in the community where the offense occurred.

(c) If the court permits the defendant or anyone speaking on the defendant's behalf to present a statement to the court, the court shall limit the statement to issues relevant to sentencing.

Nothing in this section shall be construed to extend the defendant's right to address the court under section 631.20.

Sec. 22. Minnesota Statutes 1996, section 611A.039, subdivision 1, is amended to read:

Subdivision 1. [NOTICE REQUIRED.] Except as otherwise provided in subdivision 2, within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts to provide to each affected crime victim oral or written notice of the final disposition of the case. When the court is considering modifying the sentence for a felony or a crime of violence or an attempted crime of violence, the court shall make a reasonable and good faith effort to notify the victim of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notice must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information; and

(4) a statement that the victim and victim's family may provide input to the court concerning the sentence modification.

As used in this section, "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.

Sec. 23. [611A.0395] [RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL.]

Subdivision 1. [PROSECUTING ATTORNEY TO NOTIFY VICTIMS.] (a) The prosecuting attorney shall make a reasonable and good faith effort to provide to each affected victim oral or written notice of a pending appeal. This notice must be provided within 30 days of filing of the respondent's brief. The notice must contain a brief explanation of the contested issues or a copy of the brief, an explanation of the applicable process, information about scheduled oral arguments or hearings, a statement that the victim and the victim's family may attend the argument or hearing, and the name and telephone number of a person that may be contacted for additional information.

(b) In a criminal case in which there is an identifiable crime victim, within 15 working days of a final decision on an appeal, the prosecuting attorney shall make a reasonable and good faith effort to provide to each affected victim oral or written notice of the decision. This notice must include a brief explanation of what effect, if any, the decision has upon the judgment of the trial court and the name and telephone number of a person that may be contacted for additional information.

Subd. 2. [EXCEPTION.] The notices described in subdivision 1 do not have to be given to victims who have previously indicated a desire not to be notified.

Sec. 24. Minnesota Statutes 1996, section 611A.04, is amended by adding a subdivision to read:

Sec. 25. Minnesota Statutes 1996, section 611A.361, is amended by adding a subdivision to read:

Subd. 5. [EXPIRATION.] The council expires on June 30, 1999.

Sec. 26. Minnesota Statutes 1996, section 611A.52, subdivision 6, is amended to read:

Subd. 6. [CRIME.] (a) "Crime" means conduct that:

(1) occurs or is attempted anywhere within the geographical boundaries of this state, including Indian reservations and other trust lands;

(2) poses a substantial threat of personal injury or death; and

(3) 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) A crime occurs whether or not any person is prosecuted or convicted but the conviction of a person whose acts give rise to the claim is conclusive evidence that a crime was committed unless an application for rehearing, appeal, or petition for certiorari is pending or a new trial or rehearing has been ordered.

(c) "Crime" does not include an act involving the operation of a motor vehicle, aircraft, or watercraft that results in injury or death, except that a crime includes any of the following:

(1) injury or death intentionally inflicted through the use of a motor vehicle, aircraft, or watercraft;

(2) injury or death caused by a driver in violation of section 169.09, subdivision 1; 169.121; or 609.21; and

(3) injury or death caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which the driver knowingly and willingly participated.

(d) Notwithstanding paragraph (a), "crime" includes an act of international terrorism as defined in United States Code, title 18, section 2331, committed outside of the United States against a resident of this state.

Sec. 27. Minnesota Statutes 1996, section 611A.52, subdivision 8, is amended to read:

Subd. 8. [ECONOMIC LOSS.] "Economic loss" means actual economic detriment incurred as a direct result of injury or death.

(a) In the case of injury the term is limited to:

(1) reasonable expenses incurred for necessary medical, chiropractic, hospital, rehabilitative, and dental products, services, or accommodations, including ambulance services, drugs, appliances, and prosthetic devices;

(2) reasonable expenses associated with recreational therapy where a claimant has suffered amputation of a limb;

(3) reasonable expenses incurred for psychological or psychiatric products, services, or accommodations, not to exceed an amount to be set by the board, where the nature of the injury or the circumstances of the crime are such that the treatment is necessary to the rehabilitation of the victim;

(4) loss of income that the victim would have earned had the victim not been injured;

9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing requirements pursuant to section 245A.03. Licensed facilities must be paid at a rate not to exceed their standard rate of payment. Facilities exempted from licensing requirements must be paid at a rate not to exceed $3 an hour per child for daytime child care or $4 an hour per child for evening child care; and

(6) reasonable expenses actually incurred to return a child who was a victim of a crime under section 609.25 or 609.26 to the child's parents or lawful custodian. These expenses are limited to transportation costs, meals, and lodging from the time the child was located until the child was returned home.

(b) In the case of death the term is limited to:

(1) reasonable expenses actually incurred for funeral, burial, or cremation, not to exceed an amount to be determined by the board on the first day of each fiscal year;

(2) reasonable expenses for medical, chiropractic, hospital, rehabilitative, psychological and psychiatric services, products or accommodations which were incurred prior to the victim's death and for which the victim's survivors or estate are liable;

(3) loss of support, including contributions of money, products or goods, but excluding services which the victim would have supplied to dependents if the victim had lived; and

(4) reasonable expenses incurred for substitute child care and household services to replace those which the victim or claimant would have performed for the benefit of dependents if the victim or the claimant's child had lived.

Claims for loss of support for minor children made under clause (3) must be paid for three years or until the child reaches 18 years old, whichever is the shorter period. After three years, if the child is younger than 18 years old a claim for loss of support may be resubmitted to the board, and the board staff shall evaluate the claim giving consideration to the child's financial need and to the availability of funds to the board. Claims for loss of support for a spouse made under clause (3) shall also be reviewed at least once every three years. The board staff shall evaluate the claim giving consideration to the spouse's financial need and to the availability of funds to the board.

Claims for substitute child care services made under clause (4) must be limited to the actual care that the deceased victim would have provided to enable surviving family members to pursue economic, educational, and other activities other than recreational activities.

Sec. 28. Minnesota Statutes 1996, section 611A.53, subdivision 1b, is amended to read:

Subd. 1b. [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A Minnesota resident who is the victim of a crime committed outside the geographical boundaries of this state but who otherwise meets the requirements of this section shall have the same rights under this chapter as if the crime had occurred within this state upon a showing that the state, territory, or United States possession in which the crime occurred does not have a crime victim reparations law covering the resident's injury or death.

(b) Notwithstanding paragraph (a), a Minnesota resident who is the victim of a crime involving international terrorism who otherwise meets the requirements of this section, has the same rights under this chapter as if the crime had occurred within this state regardless of where the crime occurred or whether the jurisdiction has a crime victims reparations law.

Sec. 29. Minnesota Statutes 1996, section 611A.675, is amended to read:

611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.]

Subdivision 1. [GRANTS AUTHORIZED.] The crime victims reparations board victim and witness advisory council shall make grants to local law enforcement agencies prosecutors and victim assistance programs for the purpose of providing emergency assistance to victims. As used in this section, "emergency assistance" includes but is not limited to:

(2) purchase and installation of necessary home security devices; and

(3) transportation to locations related to the victim's needs as a victim, such as medical facilities and facilities of the criminal justice system;

(4) cleanup of the crime scene; and

(5) reimbursement for reasonable travel and living expenses the victim incurred to attend court proceedings that were held at a location other than the place where the crime occurred due to a change of venue.

Subd. 2. [APPLICATION FOR GRANTS.] A city or county sheriff or the chief administrative officer of a municipal police department attorney's office or victim assistance program may apply to the board council for a grant for any of the purposes described in subdivision 1 or for any other emergency assistance purpose approved by the board council. The application must be on forms and pursuant to procedures developed by the board council. The application must describe the type or types of intended emergency assistance, estimate the amount of money required, and include any other information deemed necessary by the board council.

Subd. 3. [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or county sheriff or chief administrative officer of a municipal police department who attorney's office or victim assistance program that receives a grant under this section shall report all expenditures to the board on a quarterly basis. The sheriff or chief administrative officer shall also file an annual report with the board council itemizing the expenditures made during the preceding year, the purpose of those expenditures, and the ultimate disposition, if any, of each assisted victim's criminal case.

Subd. 4. [REPORT TO LEGISLATURE.] On or before February 1, 1997 1999, the board council shall report to the chairs of the senate crime prevention and house of representatives judiciary committees on the implementation, use, and administration of the grant program created under this section.

Sec. 30. Minnesota Statutes 1996, section 611A.71, subdivision 5, is amended to read:

Subd. 5. [DUTIES.] The council shall:

(1) review on a regular basis the treatment of victims by the criminal justice system and the need and availability of services to victims;

(2) advise the agency designated by the governor to apply for victim assistance program grants under chapter 14 of Public Law Number 98-473, in the coordination and allocation of federal funds for crime victims assistance programs;

(3) advocate necessary changes and monitor victim-related legislation;

(4) provide information, training, and technical assistance to state and local agencies and groups involved in victim and witness assistance;

(5) serve as a clearinghouse for information concerning victim and witness programs;

(6) develop guidelines for the implementation of victim and witness assistance programs and aid in the creation and development of programs;

(7) coordinate the development and implementation of policies and guidelines for the treatment of victims and witnesses, and the delivery of services to them; and

(8) develop ongoing public awareness efforts and programs to assist victims; and

Sec. 31. Minnesota Statutes 1996, section 611A.71, subdivision 7, is amended to read:

Subd. 7. [EXPIRATION.] The council expires on June 30, 1997 1999.

Sec. 32. Minnesota Statutes 1996, section 611A.74, subdivision 1, is amended to read:

Subdivision 1. [CREATION.] The office of crime victim ombudsman for Minnesota is created. The ombudsman shall be appointed by the commissioner of public safety with the advice of the advisory council, and governor, shall serve in the unclassified service at the pleasure of the commissioner, and shall be selected without regard to political affiliation. No person may serve as ombudsman while holding any other public office. The ombudsman is directly accountable to the commissioner of public safety and governor and shall be removed only for just cause. The ombudsman shall have the authority to investigate decisions, acts, and other matters of the criminal justice system so as to promote the highest attainable standards of competence, efficiency, and justice for crime victims in the criminal justice system.

Sec. 33. Minnesota Statutes 1996, section 611A.74, is amended by adding a subdivision to read:

Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may appoint employees necessary to discharge responsibilities of the office. The ombudsman may delegate to staff members any of the ombudsman's authority or duties except the duties of formally making recommendations to appropriate authorities and reports to the office of the governor or to the legislature.

(b) The commissioner of public safety shall provide office space and administrative support services to the ombudsman and the ombudsman's staff.

Sec. 34. Minnesota Statutes 1996, section 611A.74, subdivision 3, is amended to read:

Subd. 3. [POWERS.] The crime victim ombudsman has those powers necessary to carry out the duties set out in subdivision 1 2, including:

(a) The ombudsman may investigate, with or without a complaint, any action of an element of the criminal justice system or a victim assistance program included in subdivision 2.

(b) The ombudsman may request and shall be given access to information and assistance the ombudsman considers necessary for the discharge of responsibilities. The ombudsman may inspect, examine, and be provided copies of records and documents of all elements of the criminal justice system and victim assistance programs. The ombudsman may request and shall be given access to police reports pertaining to juveniles and juvenile delinquency petitions, notwithstanding section 260.161. Any information received by the ombudsman retains its data classification under chapter 13 while in the ombudsman's possession. Juvenile records obtained under this subdivision may not be released to any person.

(c) The ombudsman may prescribe the methods by which complaints are to be made, received, and acted upon; may determine the scope and manner of investigations to be made; and subject to the requirements of sections 611A.72 to 611A.74, may determine the form, frequency, and distribution of ombudsman conclusions, recommendations, and proposals.

(d) After completing investigation of a complaint, the ombudsman shall inform in writing the complainant, the investigated person or entity, and other appropriate authorities of the action taken. If the complaint involved the conduct of an element of the criminal justice system in relation to a criminal or civil proceeding, the ombudsman's findings shall be forwarded to the court in which the proceeding occurred.

Sec. 35. Minnesota Statutes 1996, section 629.725, is amended to read:

629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF ARRESTED OR DETAINED PERSON.]

When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial detention, the court shall make a reasonable and good faith effort to notify the victim of the alleged crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional information; and

(4) a statement that the victim and the victim's family may attend the review.

As used in this section, "crime of violence" has the meaning given it in section 624.712, subdivision 5, and also includes section 609.21, gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.

Sec. 36. [EFFECTIVE DATE.]

Sections 1 to 12, 15, 18, 20, 22, and 26 to 28 are effective August 1, 1997. Sections 14, 16, 17, 19, 24, and 35 are effective August 1, 1997, and apply to offenses committed on or after that date. Sections 13, 21, and 23 are effective August 1, 1997, and apply to proceedings conducted on or after that date. Sections 25, and 29 to 34 are effective July 1, 1997.

Section 1. Minnesota Statutes 1996, section 171.29, subdivision 2, is amended to read:

Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's license has been revoked as provided in subdivision 1, except under section 169.121 or 169.123, shall pay a $30 fee before the driver's license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1 under section 169.121 or 169.123 shall pay a $250 fee plus a $10 surcharge before the driver's license is reinstated. The $250 fee is to be credited as follows:

(1) Twenty percent shall be credited to the trunk highway fund.

(2) Fifty-five percent shall be credited to the general fund.

(3) Eight percent shall be credited to a separate account to be known as the bureau of criminal apprehension account. Money in this account may be appropriated to the commissioner of public safety and the appropriated amount shall be apportioned 80 percent for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Twelve percent shall be credited to a separate account to be known as the alcohol-impaired driver education account. Money in the account may be appropriated to the commissioner of children, families, and learning for programs in elementary and secondary schools.

(c) The $10 surcharge shall be credited to a separate account to be known as the remote electronic alcohol monitoring pilot program account. Up to $250,000 is annually appropriated from this account to the commissioner of corrections for a remote electronic alcohol monitoring pilot program. The unencumbered balance remaining in the first year of the biennium does not cancel but is available for the second year. The commissioner shall transfer the balance of this account to the commissioner of finance on a monthly basis for deposit in the general fund.

Sec. 2. Minnesota Statutes 1996, section 260.161, subdivision 3, is amended to read:

Subd. 3. [PEACE OFFICER 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 18 years of age or older and are private data but shall be disseminated: (1) by order of the juvenile court, (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 or for other law enforcement purposes.

(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. 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

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. 3. [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO DISABLED.]

Subdivision 1. [OFFICER DISABLED IN LINE OF DUTY.] (a) This subdivision applies when a peace officer suffers a disabling injury that:

(1) results in the officer's retirement or separation from service;

(2) occurs while the officer is acting in the course and scope of duties as a peace officer; and

(3) the officer has been approved to receive the officer's duty-related disability pension.

(b) The officer's employer shall continue to provide health coverage for:

(1) the officer; and

(2) the officer's dependents if the officer was receiving dependent coverage at the time of the injury under the employer's group health plan.

(c) The employer is responsible for the continued payment of the employer's contribution for coverage of the officer and, if applicable, the officer's dependents. Coverage must continue for the officer and, if applicable, the officer's dependents until the officer reaches the age of 65. However, coverage for dependents does not have to be continued after the person no longer meets the definition of dependent.

Subd. 2. [OFFICER KILLED IN LINE OF DUTY.] (a) This subdivision applies when a peace officer is killed while on duty and discharging the officer's duties as a peace officer.

(b) The officer's employer shall continue to cover the deceased officer's dependents if the officer was receiving dependent coverage at the time of the officer's death under the employer's group health plan.

(c) The employer is responsible for the employer's contribution for the coverage of the officer's dependents. Coverage must continue for a dependent of the officer for the period of time that the person meets the definition of dependent up to the age of 65.

Subd. 3. [COORDINATION OF BENEFITS.] Health insurance benefits payable to the officer and the officer's dependents from any other source provides the primary coverage, and coverage available under this section is secondary.

Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public employer subject to this section may annually apply to the commissioner of public safety for reimbursement of its costs of complying with this section. The commissioner shall provide reimbursement to the public employer out of the public safety officer's benefit account.

Subd. 5. [DEFINITION.] For purposes of this section:

(b) "Dependent" means a person who meets the definition of dependent in section 62L.02, subdivision 11, at the time of the officer's injury or death.

Subd. 6. [FULL-TIME FIREFIGHTERS.] Subdivisions 1, 2, 3, and 5, paragraph (b), also apply to a full-time firefighter who meets the other terms, conditions, and qualifications under those subdivisions.

Sec. 4. Minnesota Statutes 1996, section 299A.61, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT.] The commissioner of public safety, in cooperation with the commissioner of administration, shall develop and maintain an integrated criminal alert network to facilitate the communication of crime prevention information by electronic means among state agencies, law enforcement officials, and the private sector. The network shall disseminate data regarding the commission of crimes, including information on missing and endangered children, and attempt to reduce theft and other crime by the use of electronic transmission of information. In addition, the commissioner shall evaluate the feasibility of using the network to disseminate data regarding the use of fraudulent checks and the coordination of security and antiterrorism efforts with the Federal Bureau of Investigation.

Sec. 5. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE FORCE; GRANTS AUTHORIZED.]

Subdivision 1. [COUNCIL AND STRIKE FORCE ESTABLISHED.] (a) A criminal gang oversight council is established. The council shall consist of the following individuals or their designees: the commissioner of public safety; the commissioner of corrections; the superintendent of the bureau of criminal apprehension; the attorney general; the Hennepin, Ramsey, St. Louis, and Olmsted county attorneys; the chief law enforcement officers for Minneapolis, St. Paul, and Duluth; the Hennepin, Ramsey, St. Louis, and Olmsted county sheriffs; a chief of police selected by the president of the Minnesota Association of Chiefs of Police, a representative of the Minnesota Police and Peace Officers Association selected by the president of the association, a county attorney selected by the president of the Minnesota County Attorneys Association; a sheriff selected by the president of the Minnesota Sheriffs Association from a county in the seven-county metropolitan area other than Hennepin or Ramsey county; and a sheriff selected by the president of the Minnesota Sheriffs Association from a county outside the seven-county metropolitan area. The attorney general and the commissioner of public safety shall serve as the cochairs of the council. The council shall develop the protocol for and oversee the creation and operation of a statewide criminal gang strike force. The council shall be responsible for developing a statewide strategic plan to investigate and prosecute crimes committed by criminal gangs. As far as practicable, this plan must address all criminal gangs operating in the state regardless of location or the motivation or ethnicity of the gangs' members. The plan must target individuals or groups based on specific identifiable activity that indicates gang membership or criminal behavior, not their physical appearance. The plan must list what constitutes gang activity. The plan must take into account the rights of groups and individuals that the strike force may target and protect against abuses of these rights. The strike force shall consist of law enforcement officers, bureau of criminal apprehension agents, a prosecutorial unit, and a communications and intelligence network. The strike force shall implement the strategy developed by the council and is responsible for tactical decisions regarding the implementation of the strategy. In addition and upon request, the strike force shall assist and train local governmental units, law enforcement agencies, and prosecutor's offices in methods to identify criminal gangs and gang members and in ways to successfully prosecute crimes committed by these individuals. To the greatest extent possible, the strike force shall operate as a cohesive unit exclusively for the purposes listed in this section for a two-year period. If regional units are created under paragraph (e), the council shall ensure that the existence and operation of these units do not impair the overall goal of a uniform statewide strategy to combat crimes committed by gangs.

(b) The council shall select the members of the strike force and ensure that they are experienced in the investigation and prosecution of crimes committed by criminal gangs. The council shall ensure that all law enforcement officers selected to join the strike force are licensed peace officers. In selecting members of the strike force, the council shall consult with chiefs of local law enforcement agencies, sheriffs, county attorneys, and other interested parties. The council shall request these individuals to recommend willing and experienced persons under their jurisdiction who would help the strike force and to permit those persons to join it. To the greatest extent possible, entities contributing members to the strike force are encouraged to also contribute equipment and other support. The council shall attempt to ensure that these entities do so.

A member of the strike force may request a transfer from the council if the member desires to be transferred back to the position the member held before joining the strike force. Additionally, a local law enforcement agency head may require the strike force immediately to transfer back a peace officer member of the strike force temporarily or permanently based on departmental needs. The council shall approve and arrange for a transfer of a member who is not a peace officer as soon as is practicable. If a member is transferred from the strike force, the person in charge of the organization from which the member came, shall arrange for an experienced individual, acceptable to the council, to replace the transferred person on the strike force. If this arrangement cannot be made, any grant received under subdivision 5 must be repaid on a prorated basis.

(d) The council may designate a member of the strike force to be its leader and if any regional units authorized under paragraph (e) are created, may designate leaders of the units. This person or these persons shall serve at the pleasure of the council and shall be responsible for the day-to-day operation of the strike force or unit. However, the council is responsible for the oversight of the strike force and any individual units.

(e) If the council decides that it would be more effective and efficient to have distinct regional units concentrating on specific areas of the state within the strike force, it may do so either by initially creating various regional units within the strike force and selecting members accordingly or by doing so at a later date. If the council chooses to do this, the other provisions of this section shall still apply to the individual units and the council shall still have the duty and authority to develop necessary protocols for and to oversee the operation of each individual unit. The council may continue to alter the structure of the strike force and any units composing it in any way designed to further its effectiveness and to carry out the intent of this section.

(f) The prosecutorial unit of the strike force shall serve under the direction of a prosecution working group. The prosecution working group consists of the attorney general and the Hennepin, Ramsey, St. Louis, and Olmsted county attorneys. The prosecution working group may invite the United States attorney for the district of Minnesota to serve as an ex-officio member of the prosecution working group. The attorney general shall serve as the chair of the prosecution working group.

The prosecution working group described in paragraph (a) shall develop a policy delineating the role of the attorneys in the strike force and specifying how criminal cases developed by the strike force will be prosecuted. To the greatest extent possible, this policy must utilize the expertise of county and city attorneys throughout the state, the attorney general's office, and the United States Attorney's Office; and must maximize cooperation with these prosecutors. It must also address the role of the prosecutorial unit in other matters, including, but not limited to, training local prosecutors in prosecuting cases involving criminal gangs, interviewing witnesses, and cooperating with other strike force members in developing and building strong cases. The policy shall be submitted to the council for review.

(g) The assistant attorney general assigned to the strike force, in addition to helping develop the policy described in paragraph (f) and in carrying out the individual tasks specified in the policy after it is approved by the council, shall generally advise the council on any matters that the council deems appropriate. The attorney general or a designee also will serve as a liaison between the criminal gang oversight council established in this subdivision and the councils created in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or a designee will be responsible for:

(1) informing the councils of the criminal gang oversight council's plans, activities, and decisions and hearing their reactions to those plans, activities, and decisions; and

(2) providing the criminal gang oversight council with information about the councils' position on the oversight council's plans, activities, and decisions.

In no event is the criminal gang oversight council required to disclose the names of individuals identified by it to the councils referenced in this paragraph.

Subd. 2. [STATEWIDE JURISDICTION.] Law enforcement officers who are members of the strike force shall have statewide jurisdiction to conduct criminal investigations and shall possess the same powers of arrest as those possessed by a sheriff. Prosecutors assigned to the prosecutorial unit of the strike force shall have all the powers of an assistant attorney general under section 8.01 to prosecute gang crimes investigated throughout the state by the law enforcement officers assigned to the strike force.

Subd. 3. [LIABILITY AND WORKERS' COMPENSATION.] While operating under the scope of this section, members of the strike force are "employees of the state" as defined in section 3.736 and are considered employees of the department of public safety for purposes of chapter 176.

Subd. 4. [REQUIRED REPORT.] By February 1 of each year, the council shall report to the chairs of the senate and house of representatives committees or divisions having jurisdiction over criminal justice policy and funding on the activities of the council and strike force.

Subd. 5. [REIMBURSEMENT GRANTS AUTHORIZED.] The council may award grants to local law enforcement agencies, county attorney's and sheriff's offices, and other organizations that have contributed members to the strike force to hire new persons to replace those who have joined the force. A grant may cover a two-year period and reimburse the recipient for up to 100 percent of the salary of the departed person. A recipient of a grant under this subdivision shall use the money to hire a new person to replace the person who has joined the strike force, thus, keeping its complement of employees at the same level. The money may not be used to pay for equipment or uniforms.

Subd. 6. [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT CRIMINAL GANGS.] (a) The council may award grants to local law enforcement agencies and city and county attorneys' offices to expand the agency's or office's capacity to successfully investigate and prosecute crimes committed by criminal gangs.

(b) Grant applicants under this subdivision shall submit to the council a detailed plan describing the uses for which the money will be put. The council shall evaluate grant applications and award grants in a manner that will best ensure positive results. The council may award grants to purchase necessary equipment and to develop or upgrade computer systems if the council determines that this will best aid the recipient's attempts to combat criminal gangs. The council shall require recipients of grants to provide follow-up reports to the council detailing the success of the recipient in combating criminal gangs.

(c) The council shall condition grants made under this subdivision to require that recipients agree to cooperate with the council and the bureau of criminal apprehension in creating and expanding a comprehensive criminal gang information system and in implementing the strategy developed by the council to combat criminal gangs. Grant recipients shall agree to provide the council and bureau with any requested information regarding the activities and characteristics of criminal gangs and gang members operating within its jurisdiction.

Sec. 6. Minnesota Statutes 1996, section 299A.63, subdivision 4, is amended to read:

Subd. 4. [ATTORNEY GENERAL DUTIES.] (a) The attorney general may assist cities and local law enforcement officials in developing and implementing anticrime and neighborhood community 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 as a result of this section that the attorney general deems appropriate. For the purposes of this section, the attorney general may appear in court in nuisance actions under chapter 617, and misdemeanor prosecutions under chapter 609.

(b) The attorney general shall develop may assist cities in developing appropriate 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. 7. Minnesota Statutes 1996, section 299C.10, subdivision 4, is amended to read:

Sec. 8. Minnesota Statutes 1996, section 299C.65, is amended by adding a subdivision to read:

Subd. 5. [REVIEW OF FUNDING REQUESTS.] The criminal and juvenile justice information policy group shall review the funding requests for criminal justice information systems from state, county, and municipal government agencies. The policy group shall review the requests for compatibility to statewide criminal justice information systems. The review shall be forwarded to the chairs of the house judiciary committee and judiciary finance division, and the chairs of the senate crime prevention committee and crime prevention and judiciary finance division.

Sec. 9. Minnesota Statutes 1996, section 299D.07, is amended to read:

299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.]

The commissioner of public safety is hereby authorized to retain, acquire, maintain and operate helicopters and fixed wing aircraft for the purposes of the highway patrol and the Bureau of Criminal Apprehension and for any other law enforcement purpose that the commissioner determines is appropriate. The commissioner also is authorized to employ state patrol officer pilots as required.

Sec. 10. Minnesota Statutes 1996, section 299F.051, is amended to read:

299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND PEACE OFFICERS.]

Subdivision 1. [CONTENT TRAINING UNIT.] An arson training unit is established within the division of fire marshal to develop and administer arson training courses throughout the state for law enforcement and fire service personnel and for prosecutors.

Subd. 1a. [CURRICULUM.] The superintendent of the arson training unit, in consultation with the bureau of criminal apprehension, after consultation with the state fire marshal, the Minnesota peace officers officer standards and training board, the county attorneys association, the attorney general, and the state advisory council on fire service education and research, shall establish the content of a standardized curriculum to be included in the training programs which shall be available to firefighters and peace officers from political subdivisions. The content standardized curriculum shall include fire scene investigation and preservation of evidence, interviewing of witnesses and suspects, constitutional limits on interrogation by sworn and nonsworn officers, and other topics deemed necessary to successful criminal investigation. and prosecution. The training program offered to peace officers shall meet the applicable preservice training requirements established by the peace officer standards and training board under section 626.8456.

Subd. 2. [TRAINING LOCATIONS, INSTRUCTORS.] The arson training unit, in cooperation with the superintendent of the bureau of criminal apprehension, the board of peace officer standards and training, the county attorneys association, and the attorney general, shall provide courses at convenient locations in the state for training firefighters and, peace officers, and prosecutors in:

(1) the conduct of investigations following the occurrence of a fire; and

(2) the prosecution of arson cases.

For this purpose, the superintendent arson training unit may use the services and employees of the bureau, the state fire marshal, and the attorney general. In addition, after consultation with the state fire marshal, the superintendent the arson training unit is authorized to establish minimum qualifications for training course instructors, and engage part-time instructors necessary and proper to furnish the best possible instruction, subject to the limitation of funds appropriated and available for expenditure. Laws 1981, chapter 210, sections 1 to 48, shall not apply to the part-time instructors.

Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The state fire marshal and the superintendent of the bureau of criminal apprehension shall encourage the cooperation of local firefighters and peace officers in the investigation of violations of sections 609.561 to 609.576 or other crimes associated with reported fires in all appropriate ways, including the providing reimbursement of to political subdivisions at a rate not to exceed 50 percent of the salaries of peace officers and firefighters for time spent in attending fire investigation training courses offered by the bureau arson training unit. Volunteer firefighters from a political subdivision shall be reimbursed at the rate of $35 per day plus expenses incurred in attending fire investigation training courses offered by the bureau arson training unit. Reimbursement shall be made only in the event that both a peace officer and a firefighter from the same political subdivision attend the same training course. The reimbursement shall be subject to the limitation of funds appropriated and available for expenditure. The state fire marshal and the superintendent also shall encourage local firefighters and peace officers to seek assistance from the arson strike force established in section 299F.058.

Sec. 11. [299F.058] [ARSON STRIKE FORCE.]

Subdivision 1. [ARSON STRIKE FORCE.] A multijurisdictional arson strike force is established to provide expert investigative and prosecutorial assistance to local agencies on request in complex or serious cases involving suspected arson.

Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists of representatives from the following agencies and organizations:

(1) the division of fire marshal;

(2) the bureau of criminal apprehension;

(3) the office of attorney general;

(4) the Minnesota county attorneys association;

(5) the Bureau of Alcohol, Tobacco, and Firearms of the United States Treasury Department;

(6) the Minneapolis police and fire arson unit;

(7) the St. Paul police and fire arson unit;

(8) licensed private detectives selected by the state fire marshal or the attorney general or their designees; and

(9) any other arson experts the arson strike force deems appropriate to include.

The arson strike force, as necessary, may consult and work with representatives of property insurance agencies and organizations and any other private organizations that have expertise in arson investigations and prosecutions.

(b) Representatives from the attorney general's office and the county attorneys association who are members of the arson strike force shall assist in administering the strike force.

Subd. 3. [INVESTIGATIVE DUTIES.] (a) The arson strike force shall be available on a statewide basis to assist local public safety agencies in investigating the following types of suspected arson cases:

(1) serial fires;

(2) multijurisdictional fires;

(3) fires causing death or serious injury to a public safety officer;

(4) fires resulting in multiple deaths or injuries; or

(b) The arson strike force shall establish a mechanism for informing local public safety agencies that it is available to assist in the investigation of the suspected arson cases described in paragraph (a).

(c) The arson strike force shall, by means of a memorandum of understanding among the involved agencies, develop and implement a protocol for the strike force's activation and operation in local cases of suspected arson.

(d) The arson strike force shall assist the arson training unit established in section 299F.051 in developing and implementing educational programs for public safety personnel on investigating arson cases.

Subd. 4. [PROSECUTION DUTIES.] (a) The arson strike force may identify and establish a team of prosecutors with experience in arson cases who will provide advice, on request, to local prosecutors who are prosecuting or preparing to prosecute arson cases. This team shall include prosecutors from the attorney general's office and county prosecutors who are identified and selected by the county attorneys association.

(b) The arson strike force shall assist the arson training unit established in section 299F.051 in developing educational programs and manuals to assist prosecutors in prosecuting arson cases.

Sec. 12. [299F.059] [JUVENILE FIRESETTER INTERVENTION.]

Subdivision 1. [INTERVENTION NETWORK.] The state fire marshal shall establish a statewide juvenile firesetter intervention network. The network shall include a clearinghouse of resources and materials to assist fire service personnel, schools, law enforcement agencies, and mental health professionals in understanding juvenile firesetting behavior and symptoms and intervening with juveniles who engage in the behavior or display the symptoms. The state fire marshal shall include in the network the comprehensive, injury prevention education curriculum provided for in subdivision 2.

Subd. 2. [EDUCATIONAL CURRICULUM.] The state fire marshal shall ensure implementation of a comprehensive, injury prevention education curriculum that focuses on juvenile fire play intervention and injury prevention. The curriculum shall be made available to schools and other interested organizations statewide.

Subd. 3. [ANNUAL TRAINING FORUM.] The state fire marshal shall develop strategies and plans designed to reduce the number of juvenile firesetting incidents. The state fire marshal shall offer an annual training forum for fire service and law enforcement personnel and for juvenile justice, medical, educational, mental health, and other interested professionals to discuss these strategies and other issues relating to juvenile firesetter behavior and symptoms.

Subd. 4. [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM CHILDREN.] The state fire marshal shall develop an ongoing media awareness campaign to instruct parents, retailers, and the community on the importance of keeping fire materials away from children and on methods for accomplishing that objective.

Sec. 13. Minnesota Statutes 1996, section 299F.06, subdivision 3, is amended to read:

Subd. 3. [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE EVIDENCE.] Any witness who refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of the state fire marshal, chief assistant fire marshal, or deputy state fire marshal in relation to the investigation, or who fails or refuses to produce any paper, book, or document touching any matter under examination, or who is guilty of any contemptuous conduct, after being summoned to appear before them to give testimony in relation to any matter or subject under examination or investigation may be summarily punished by the state fire marshal, chief assistant state fire marshal, or deputy state fire marshals as for contempt by a fine in a sum not exceeding $100 or be committed to the county jail until such time as such person may be willing to comply with any reasonable order made by the state fire marshal, chief assistant state fire marshal, or deputy state fire marshals, as provided in this chapter any district court in the same manner as if the proceedings were pending in that court, and subject to the provisions of section 588.01.

Sec. 14. Minnesota Statutes 1996, section 609.035, subdivision 1, is amended to read:

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. 15. Minnesota Statutes 1996, section 609.035, is amended by adding a subdivision to read:

Subd. 4. [EXCEPTION; ARSON OFFENSES.] Notwithstanding section 609.04, a prosecution for or conviction of a violation of sections 609.561 to 609.563 or 609.5641 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct when the defendant is shown to have violated sections 609.561 to 609.563 or 609.5641 for the purpose of concealing any other crime.

For purposes of the sentencing guidelines, a violation of sections 609.561 to 609.593 or 609.5641 is a crime against the person.

Sec. 16. Minnesota Statutes 1996, section 609.115, subdivision 1, is amended to read:

Subdivision 1. [PRESENTENCE INVESTIGATION.] (a) When a defendant has been convicted of a misdemeanor or gross misdemeanor, the court may, and when the defendant has been convicted of a felony, the court shall, before sentence is imposed, cause a presentence investigation and written report to be made to the court concerning the defendant's individual characteristics, circumstances, needs, potentialities, criminal record and social history, the circumstances of the offense and the harm caused by it to others and to the community. At the request of the prosecutor in a gross misdemeanor case, the court shall order that a presentence investigation and report be prepared. The investigation shall be made by a probation officer of the court, if there is one; otherwise it shall be made by the commissioner of corrections. The officer conducting the presentence or predispositional investigation shall make reasonable and good-faith efforts to contact and provide the victim with the information required under section 611A.037, subdivision 2. Presentence investigations shall be conducted and summary hearings held upon reports and upon the sentence to be imposed upon the defendant in accordance with this section, section 244.10, and the rules of criminal procedure.

(b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or 609.576 and involves a fire, the report shall include a description of the financial and physical harm the offense has had on the public safety personnel who responded to the fire. For purposes of this paragraph, "public safety personnel" means the state fire marshal; employees of the division of the state fire marshal; firefighters, regardless of whether the firefighters receive any remuneration for providing services; peace officers, as defined in section 626.05, subdivision 2; individuals providing emergency management services; and individuals providing emergency medical services.

(c) When the crime is a felony violation of chapter 152 involving the sale or distribution of a controlled substance, the report shall include a description of any adverse social or economic effects the offense has had on persons who reside in the neighborhood where the offense was committed.

(d) The report shall also include the information relating to crime victims required under section 611A.037, subdivision 1. If the court directs, the report shall include an estimate of the prospects of the defendant's rehabilitation and recommendations as to the sentence which should be imposed. In misdemeanor cases the report may be oral.

(e) When a defendant has been convicted of a felony, and before sentencing, the court shall cause a sentencing worksheet to be completed to facilitate the application of the Minnesota sentencing guidelines. The worksheet shall be submitted as part of the presentence investigation report.

The investigation shall be made by a probation officer of the court, if there is one, otherwise by the commissioner of corrections. The officer conducting the presentence or predispositional investigation shall make reasonable and good faith efforts to contact the victim of that crime and to provide that victim with the information required under section 611A.037, subdivision 2.

defendant is convicted of a felony for which the sentencing guidelines do not presume that the defendant will be committed to the commissioner of corrections, or for which the sentencing guidelines presume commitment to the commissioner but counsel has moved for a sentencing departure, the court may commit the defendant to the commissioner with the consent of the commissioner, pending completion of the presentence investigation and report. The county of commitment shall return the defendant to the court when the court so orders.

Presentence investigations shall be conducted and summary hearings held upon reports and upon the sentence to be imposed upon the defendant in accordance with this section, section 244.10, and the rules of criminal procedure.

Sec. 17. [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND ARSON AWARENESS.]

Subdivision 1. [TRAINING COURSE.] The board, in consultation with the division of fire marshal, shall prepare objectives for a training course to instruct peace officers in fire scene response and arson awareness.

Subd. 2. [PRESERVICE TRAINING REQUIREMENT.] An individual is not eligible to take the peace officer licensing examination after August 1, 1998, unless the individual has received the training described in subdivision 1.

Sec. 18. [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION AGENTS TO STRIKE FORCE.]

The superintendent of the bureau of criminal apprehension shall assign experienced agents to the strike force described in section 299A.625. These agents shall operate exclusively for the purposes listed in section 299A.625 under the protocol developed by the criminal gang oversight council.

Sec. 19. [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO STRIKE FORCE.]

The attorney general shall assign an assistant attorney general experienced in the prosecution of crimes committed by criminal gangs to the strike force described in section 299A.625. This attorney shall operate exclusively for the purposes listed in section 299A.625 under the protocol developed by the prosecution working group.

Sec. 20. [REPEALER.]

Minnesota Statutes 1996, sections 299A.01, subdivision 6; and 299F.07, are repealed. Minnesota Rules, parts 7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 7419.0700; and 7419.0800, are repealed.

Sec. 21. [EFFECTIVE DATE.]

Sections 14 to 16 are effective August 1, 1997, and apply to crimes committed on or after that date.

Section 1. Minnesota Statutes 1996, section 144.761, subdivision 5, is amended to read:

Subd. 5. [EMERGENCY MEDICAL SERVICES PERSONNEL.] "Emergency medical services personnel" means:

(1) individuals employed to provide prehospital emergency medical services;

(2) persons employed as licensed police officers under section 626.84, subdivision 1, who experience a significant exposure in the performance of their duties;

(4) crime lab personnel receiving a significant exposure while involved in a criminal investigation;

(5) correctional guards, including security guards at the Minnesota security hospital, employed by the state or a local unit of government who experience employed in state and local correctional facilities and other employees of the state department of corrections, if the guard or employee experiences a significant exposure to an inmate who is transported to a facility for emergency medical care in the performance of their duties; and

(6) employees at the Minnesota security hospital and the Minnesota sexual psychopathic personality treatment center who are employed by the state or a local unit of government and who experience a significant exposure in the performance of their duties; and

(7) other persons who render emergency care or assistance at the scene of an emergency, or while an injured person is being transported to receive medical care, and who would qualify for immunity from liability under the good samaritan law, section 604A.01.

Sec. 2. Minnesota Statutes 1996, section 144.761, subdivision 7, is amended to read:

Subd. 7. [SIGNIFICANT EXPOSURE.] "Significant exposure" means:

(1) contact, in a manner supported by contemporary epidemiological research as a method of HIV or hepatitis B transmission, of the broken skin or mucous membrane of emergency medical services personnel with a patient's blood, amniotic fluid, pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, vaginal secretions, or bodily fluids grossly contaminated with blood;

(2) a needle stick, scalpel or instrument wound, or other wound inflicted by an object that is contaminated with blood, and that is capable of cutting or puncturing the skin of emergency medical services personnel; or

(3) an exposure that occurs by any other method of transmission recognized by contemporary epidemiological standards as a significant exposure.

Sec. 3. Minnesota Statutes 1996, section 144.762, subdivision 2, is amended to read:

Subd. 2. [REQUIREMENTS FOR PROTOCOL.] The postexposure notification protocol must include the following:

(1) a method for emergency medical services personnel to notify the facility that they may have experienced a significant exposure from a patient that was transported to the facility. The facility shall provide to the emergency medical services personnel a significant exposure report form to be completed by the emergency medical services personnel in a timely fashion;

(2) a process to investigate and determine whether a significant exposure has occurred. This investigation must be completed within 72 hours of receipt of the exposure report, or within a time period that will enable the patient to benefit from contemporary standards of care for reducing the risk of infection;

(3) if there has been a significant exposure, a process to determine whether the patient has hepatitis B or HIV infection;

(4) if the patient has an infectious disease that could be transmitted by the type of exposure that occurred, or, if it is not possible to determine what disease the patient may have, a process for making recommendations for appropriate counseling and testing to the emergency medical services personnel;

(5) compliance with applicable state and federal laws relating to data practices, confidentiality, informed consent, and the patient bill of rights; and

Sec. 4. Minnesota Statutes 1996, section 144.762, is amended by adding a subdivision to read:

Subd. 2a. [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition to the protocol requirements under subdivision 2, the postexposure notification protocol must provide a process for a licensed physician at the facility to conduct an immediate investigation into whether a significant exposure has occurred whenever emergency medical services personnel present themselves at a facility within six hours of a possible significant exposure. If the investigation shows that a significant exposure occurred, the protocol must provide a process for determining whether the patient has hepatitis B or HIV infection by means of voluntary testing or, if necessary, court-ordered testing of the patient.

Sec. 5. Minnesota Statutes 1996, section 144.765, is amended to read:

144.765 [PATIENT'S RIGHT TO REFUSE TESTING.]

Subdivision 1. [VOLUNTARY TESTING.] Upon notification of a significant exposure, the facility shall ask the patient to consent to blood testing to determine the presence of the HIV virus or the hepatitis B virus. The patient shall be informed that the test results without personally identifying information will be reported to the emergency medical services personnel. The patient shall be informed of the right to refuse to be tested. If the patient refuses to be tested, the patient's refusal will be forwarded to the emergency medical services agency and to the emergency medical services personnel.

Subd. 2. [MANDATORY TESTING.] The right to refuse a blood test under the circumstances described in this section does not apply to a prisoner who is in the custody or under the jurisdiction of the commissioner of corrections or a local correctional authority as a result of a criminal conviction.

Subd. 3. [COURT ORDER.] If a patient is subject to voluntary testing under section 144.762, subdivision 2a, and either is unavailable for immediate testing at the facility or refuses to submit to a blood test, the emergency medical services personnel may seek a court order to compel the patient to submit to testing. Court proceedings under this subdivision shall be given precedence over other pending matters so that the court may reach a prompt decision without delay. The court shall order the patient to submit to testing upon proof that an investigation by a licensed physician under section 144.762, subdivision 2a, showed that the emergency medical services personnel experienced a significant exposure.

Sec. 6. [241.266] [RESTRICTIONS ON PRIVATIZATION.]

(a) A state agency shall not enter into a contract with a private vendor for the delivery of:

(1) security functions at a state correctional institution, except for those functions that are being provided by a private vendor as of the effective date of this section;

(2) correctional institution food services and commissary services provided by nonmanagement employees that are being provided by the state as of the effective date of this section, unless the requirements of section 241.267 are satisfied; and

(3) food services and commissary services provided by nonmanagement employees in any new correctional institution, unless the requirements of section 241.267 are satisfied.

Nothing in paragraph (a), clauses (2) and (3), shall be construed to prohibit a state agency from entering into a contract with a private vendor for management-level services.

(b) For the purposes of sections 241.266 to 241.269, "private vendor" means an entity not owned or operated by a state or political subdivision that delivers or offers to deliver services.

Sec. 7. [241.267] [CONTRACT REVIEW FOR INSTITUTIONAL CONTRACTS.]

(b) The private vendor must provide financial statements for the previous three years or for each of the years the private vendor has been in operation, if fewer than three years, or provide other financial information to enable the commissioner to determine the financial strength of the private vendor.

(c) The private vendor must provide an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management firm with demonstrated experience in state government liability issues. The firm shall be selected by the commissioner of commerce. In determining the adequacy of the plan, the firm shall determine whether the insurance is adequate:

(1) to protect the state from legal actions by a third party against the private vendor or the state as a result of the contract;

(2) to protect the state against claims arising as a result of any occurrence during the term of the contract;

(3) to ensure the private vendor's ability to fulfill its contract with the state in all respects, and to assure that the private vendor is not limited in this ability because of financial liability which results from judgments; and

(4) to satisfy such other requirements specified by the independent risk management/actuarial firm.

(d) In cooperation with appropriate bargaining representatives, the commissioner of corrections will compare the cost of continuing to operate the institutional service as a public function to the cost of contracting with a private vendor for the service. The commissioner will provide information on public and vendor costs to the union. The comparison must show that the bid of the private vendor will be at least 15 percent below the best available cost the state can expect to achieve if it provides the service. The comparison must include in the cost of contracting with a private vendor the amount of the bid plus contract administration, monitoring, and transition costs.

(e) The commissioner of corrections must determine that inmate labor is being utilized to the greatest extent feasible, with consideration given to the commissioner of corrections authority to employ all administrative, supervisory, and other skilled workers necessary to the proper instruction of the inmates and the profitable and efficient operation of the industrial and commercial activities authorized by section 241.27.

(f) The commissioner of corrections must determine that the private vendor provides its employees with a total compensation and benefit package of similar value to that provided by public employers to similarly situated employees.

(g) Paragraphs (b) to (f) do not apply to minority or small business contractors under chapter 16B, nor to contracts for delivery of goods or services with a value of less than $100,000.

Subd. 2. [BIDS.] If competitive bids must be sought under section 16B.07 for the contract, affected public employees must be given 30 days' advance notice that a contract will be advertised for bid and public employees must be allowed to participate in the bid process, notwithstanding section 16B.17. "Public employee" has the meaning given in section 179A.03, subdivision 14.

Subd. 3. [REPORT.] On or before January 1 of each year, the commissioner of corrections shall submit a written report to the committees of the senate and the house of representatives with jurisdiction over corrections policy that identifies and explains all affirmative contracts that were awarded in the preceding 12 months and all contract proposals that were considered and rejected. The commissioner also will report on the status of the labor-management process in subdivision 1, paragraph (d).

Subd. 4. [IMMUNITY.] Any immunity available to the state does not apply to the private vendor. Neither the private vendor nor the insurer of the private vendor may plead the defense of an immunity that is available to the state in any action arising out of the performance of the contract.

Subd. 6. [CLASSIFICATION OF DATA.] When a state agency enters into a contract with a private vendor for the delivery of services at or for a correctional facility, that contract does not affect the availability to the public of data that is classified as public data while maintained by the commissioner of corrections, and the data shall be available from the private vendor as public data. "Public data" has the meaning given in section 13.02, subdivision 15.

Sec. 8. [241.268] [INMATE EMPLOYMENT.]

The commissioner of corrections shall not allow any individual committed to the commissioner's custody to participate in an industrial or commercial activity under section 241.27 or to work for a private employer, unless:

(1) security at the place of employment is provided by the state;

(2) the private employer provides its noninmate employees with a total compensation and benefit package that is of similar value to that provided by public employers to similarly situated employees;

(3) the commissioner certifies in writing to the appropriate bargaining unit that the inmate's work will not result in the displacement of currently employed workers or workers on seasonal layoff, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits; and

(4) the commissioner determines that, to the maximum extent possible, fixtures, equipment, and materials that are necessary to allow an inmate to participate in an industrial or commercial activity under section 241.27 or to work for a private employer are furnished by an entity not owned or operated by a state or political subdivision.

This subdivision does not apply to those inmates seeking or engaged in private employment under section 241.26.

Sec. 9. [241.269] [RESTRICTIONS ON MANAGERIAL EMPLOYEES.]

(a) Managerial employees of the department of corrections shall not:

(1) disclose or use confidential information for the purpose of personal gain that the person obtained as an employee, either during or following employment with the department of corrections; or

(2) work for a private vendor, as defined in section 241.266, for one year following termination of the employee's employment with the state.

(b) For the purposes of this subdivision, "managerial employees" are employees described in section 43A.18, subdivision 3.

Sec. 10. [241.272] [SENTENCE TO SERVE.]

Whenever offenders are assigned for the purpose of work under agreement with a state department or agency, local unit of government, or other governmental subdivision, the state department or agency, local unit of government, or other government subdivision must certify in writing to the appropriate bargaining agent that the work performed by the 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. 11. Minnesota Statutes 1996, section 241.42, subdivision 2, is amended to read:

operating under chapter 401, adult halfway homes, group foster homes, secure juvenile detention facilities, juvenile residential facilities, municipal holding facilities, juvenile temporary holdover facilities, regional or local jails, lockups, work houses, work farms, and detention and treatment facilities, but does not include:

(a) any court or judge;

(b) any member of the senate or house of representatives of the state of Minnesota;

(c) the governor or the governor's personal staff;

(d) any instrumentality of the federal government of the United States; or

(e) any political subdivision of the state of Minnesota;

(f) any interstate compact.

Sec. 12. Minnesota Statutes 1996, section 241.44, subdivision 1, is amended to read:

Subdivision 1. [POWERS.] The ombudsman may:

(a) prescribe the methods by which complaints are to be made, reviewed, and acted upon; provided, however, that the ombudsman may not levy a complaint fee;

(b) determine the scope and manner of investigations to be made;

(c) Except as otherwise provided, determine the form, frequency, and distribution of conclusions, recommendations, and proposals; provided, however, that the governor or a representative may, at any time the governor deems it necessary, request and receive information from the ombudsman. Neither the ombudsman nor any member of the ombudsman's staff member shall be compelled to testify or to produce evidence in any court judicial or administrative proceeding with respect to any matter involving the exercise of the ombudsman's official duties except as may be necessary to enforce the provisions of sections 241.41 to 241.45;

(d) investigate, upon a complaint or upon personal initiative, any action of an administrative agency;

(e) request and shall be given access to information in the possession of an administrative agency deemed necessary for the discharge of responsibilities;

(f) examine the records and documents of an administrative agency;

(g) enter and inspect, at any time, premises within the control of an administrative agency;

(h) subpoena any person to appear, give testimony, or produce documentary or other evidence which the ombudsman deems relevant to a matter under inquiry, and may petition the appropriate state court to seek enforcement with the subpoena; provided, however, that any witness at a hearing or before an investigation as herein provided, shall possess the same privileges reserved to such a witness in the courts or under the laws of this state;

(i) bring an action in an appropriate state court to provide the operation of the powers provided in this subdivision. The ombudsman may use the services of legal assistance to Minnesota prisoners for legal counsel. The provisions of sections 241.41 to 241.45 are in addition to other provisions of law under which any remedy or right of appeal or objection is provided for any person, or any procedure provided for inquiry or investigation concerning any matter. Nothing in sections 241.41 to 241.45 shall be construed to limit or affect any other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary process; and

Sec. 13. Minnesota Statutes 1996, section 241.44, is amended by adding a subdivision to read:

Subd. 3a. [INVESTIGATION OF ADULT LOCAL JAILS AND DETENTION FACILITIES.] Either the ombudsman or the department of corrections' jail inspection unit may investigate complaints involving local adult jails and detention facilities. The ombudsman and department of corrections must enter into an arrangement with one another that ensures that they are not duplicating each other's services.

Sec. 14. Minnesota Statutes 1996, section 242.19, subdivision 3, is amended to read:

Subd. 3. [RETAKING ABSCONDING AND OTHER PERSON.] The written order of the commissioner of corrections is authority to any peace officer or parole or probation officer to take and detain any child committed to the commissioner of corrections by a juvenile court who absconds from field supervision or escapes from confinement, or is awaiting further order of the commissioner. However, if the child has attained the age of 18 years, the commissioner shall issue a warrant directed to any peace officer or parole or probation officer requiring that the fugitive be taken into immediate custody to await the further order of the commissioner. Any person of the age of 18 years or older who is taken into custody under the provisions of this subdivision may be detained as provided in section 260.173, subdivision 4.

Sec. 15. [243.055] [COMPUTER RESTRICTIONS.]

Subdivision 1. [RESTRICTIONS TO USE OF ON-LINE SERVICES.] If the commissioner believes a significant risk exists that a parolee, state-supervised probationer, or individual on supervised release may use an Internet service or on-line service to engage in criminal activity or to associate with individuals who are likely to encourage the individual to engage in criminal activity, the commissioner may impose one or more of the following conditions:

(1) prohibit the individual from possessing or using a computer with access to an Internet service or on-line service without the prior written approval of the commissioner;

(2) prohibit the individual from possessing or using any data encryption technique or program;

(3) require the individual to consent to periodic unannounced examinations of the individual's computer equipment by a parole or probation agent, including the retrieval and copying of all data from the computer and any internal or external peripherals and removal of such equipment to conduct a more thorough inspection;

(4) require consent of the individual to have installed on the individual's computer, at the individual's expense, one or more hardware or software systems to monitor computer use; and

(5) any other restrictions the commissioner deems necessary.

Subd. 2. [RESTRICTIONS ON COMPUTER USE.] If the commissioner believes a significant risk exists that a parolee, state-supervised probationer, or individual on supervised release may use a computer to engage in criminal activity or to associate with individuals who are likely to encourage the individual to engage in criminal activity, the commissioner may impose one or more of the following restrictions:

(1) prohibit the individual from accessing through a computer any material, information, or data that relates to the activity involved in the offense for which the individual is on probation, parole, or supervised release;

(2) require the individual to maintain a daily log of all addresses the individual accesses through computer other than for authorized employment and to make this log available to the individual's parole or probation agent;

(3) provide all personal and business telephone records to the individual's parole or probation agent upon request, including written authorization allowing the agent to request a record of all of the individual's outgoing and incoming telephone calls from any telephone service provider;

(5) prohibit the individual from possessing or using any computer, except that the individual may, with the prior approval of the individual's parole or probation agent, use a computer in connection with authorized employment;

(6) require the individual to consent to disclosure of the computer-related restrictions that the commissioner has imposed to any employer or potential employer; and

(7) any other restrictions the commissioner deems necessary.

Subd. 3. [LIMITS ON RESTRICTION.] In imposing restrictions, the commissioner shall take into account that computers are used for numerous, legitimate purposes and that, in imposing restrictions, the least restrictive condition appropriate to the individual shall be used.

Sec. 16. [243.161] [RESIDING IN MINNESOTA WITHOUT PERMISSION UNDER INTERSTATE COMPACT; PENALTY.]

Any person who is on parole or probation in another state who resides in this state in violation of section 243.16, 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. 17. [243.556] [RESTRICTIONS ON INMATES' COMPUTER ACCESS.]

Subdivision 1. [RESTRICTIONS TO USE OF ON-LINE SERVICES.] No adult inmate in a state correctional facility may use or have access to any Internet service or on-line service, except for work, educational, and vocational purposes approved by the commissioner or the commissioner's designee.

Subd. 2. [RESTRICTIONS ON COMPUTER USE.] The commissioner shall restrict inmates' computer use to legitimate educational and vocational purposes.

Subd. 3. [MONITORING OF COMPUTER USE.] The commissioner shall monitor all computer use by inmates and perform regular inspections of computer equipment.

Sec. 18. [244.20] [PROBATION SUPERVISION OF FELONS.]

Notwithstanding sections 260.311, subdivision 1, and 609.135, subdivision 1, the department of corrections shall have exclusive responsibility for providing probation services for adult felons in counties that do not take part in the Community Corrections Act. In counties that do not take part in the Community Corrections Act, the responsibility for providing probation services for individuals convicted of gross misdemeanor offenses shall be discharged according to local judicial policy.

Sec. 19. [244.21] [COLLECTION OF INFORMATION ON OFFENDERS; REPORTS REQUIRED.]

Subdivision 1. [COLLECTION OF INFORMATION BY PROBATION SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998, probation service providers shall begin collecting and maintaining information on offenders under supervision. The commissioner of corrections shall specify the nature and extent of the information to be collected. By April 1 of every year, each probation service provider shall report a summary of the information collected to the commissioner.

Subd. 2. [COMMISSIONER OF CORRECTIONS REPORT.] By January 15, 1998, the commissioner of corrections shall report to the chairs of the senate crime prevention and house of representatives judiciary committees on recommended methods of coordinating the exchange of information collected on offenders under subdivision 1: (1) between probation service providers; and (2) between probation service providers and the department of corrections, without requiring service providers to acquire uniform computer software.

Sec. 20. [244.22] [REVIEW OF PLANNED EXPENDITURES OF PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.]

(b) In counties where probation services are provided by both county and department of corrections employees, a collaborative plan addressing the local needs shall be developed. The commissioner of corrections shall specify the manner in which probation caseload reduction grant money shall be distributed between the providers according to the approved plan.

Sec. 21. [244.24] [CLASSIFICATION SYSTEM FOR ADULT OFFENDERS.]

By February 1, 1998, all probation agencies shall adopt written policies for classifying adult offenders. The commissioner of corrections shall assist probation agencies in locating organizations that may provide training and technical assistance to the agencies concerning methods to develop and implement effective, valid classification systems.

Sec. 22. Minnesota Statutes 1996, section 260.1735, is amended to read:

260.1735 [EXTENSION OF DETENTION PERIOD.]

Subdivision 1. [DETENTION.] Before July 1, 1997 1999, and pursuant to a request from an eight-day temporary holdover facility, as defined in section 241.0221, the commissioner of corrections, or the commissioner's designee, may grant a one-time extension per child to the eight-day limit on detention under this chapter. This extension may allow such a facility to detain a child for up to 30 days including weekends and holidays. Upon the expiration of the extension, the child may not be transferred to another eight-day temporary holdover facility. The commissioner shall develop criteria for granting extensions under this section. These criteria must ensure that the child be transferred to a long-term juvenile detention facility as soon as such a transfer is possible. Nothing in this section changes the requirements in section 260.172 regarding the necessity of detention hearings to determine whether continued detention of the child is proper.

Subd. 2. [CONTINUED DETENTION.] (a) A delay not to exceed 48 hours may be made if the facility in which the child is detained is located where conditions of distance to be traveled or other ground transportation do not allow for court appearances within 24 hours.

(b) A delay may be made if 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 paragraph (a) or (b) must be reported to the commissioner of corrections.

Sec. 23. Minnesota Statutes 1996, section 260.311, subdivision 1, is amended to read:

Subdivision 1. [APPOINTMENT; JOINT SERVICES; STATE SERVICES.] (a) If a county or group of counties has established a human services board pursuant to chapter 402, the district court may appoint one or more county probation officers as necessary to perform court services, and the human services board shall appoint persons as necessary to provide correctional services within the authority granted in chapter 402. In all counties of more than 200,000 population, which have not organized pursuant to chapter 402, the district court shall appoint one or more persons of good character to serve as county probation officers during the pleasure of the court. All other counties shall provide adult misdemeanant and juvenile probation services to district courts in one of the following ways:

(1) the court, with the approval of the county boards, may appoint one or more salaried county probation officers to serve during the pleasure of the court;

(2) when two or more counties offer probation services the district court through the county boards may appoint common salaried county probation officers to serve in the several counties;

(4) if a county or district court providing probation services under clause (1) or (2) asks the commissioner of corrections or the legislative body for the state of Minnesota mandates the commissioner of corrections to furnish probation services to the district court, the probation officers and other employees displaced by the changeover shall be employed by the commissioner of corrections. Years of service in the county probation department are to be given full credit for future sick leave and vacation accrual purposes;

(5) all probation officers serving the juvenile courts on July 1, 1972, shall continue to serve in the county or counties they are now serving.

(b) The commissioner of employee relations shall place employees transferred to state service under paragraph (a), clause (4), in the proper classifications in the classified service. Each employee is appointed without examination at no loss in salary or accrued vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits may occur until the employee's total accrued vacation or sick leave benefits fall below the maximum permitted by the state for the employee's position. An employee appointed under paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting labor contract remedies, a noncertified employee may appeal for a hearing within ten days to the commissioner of employee relations, who may uphold the decision, extend the probation period, or certify the employee. The decision of the commissioner of employee relations is final. The state shall negotiate with the exclusive representative for the bargaining unit to which the employees are transferred regarding their seniority. For purposes of computing seniority among those employees transferring from one county unit only, a transferred employee retains the same seniority position as the employee had within that county's probation office.

Sec. 24. Minnesota Statutes 1996, section 609.02, is amended by adding a subdivision to read:

Subd. 15. [PROBATION.] "Probation" means a court-ordered sanction imposed upon an offender for a period of supervision no greater than that set by statute. It is imposed as an alternative to confinement or in conjunction with confinement or intermediate sanctions. The purpose of probation is to deter further criminal behavior, punish the offender, help provide reparation to crime victims and their communities, and provide offenders with opportunities for rehabilitation.

Sec. 25. Minnesota Statutes 1996, section 609.15, subdivision 1, is amended to read:

Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph (b), when separate sentences of imprisonment are imposed on a defendant for two or more crimes, whether charged in a single indictment or information or separately, or when a person who is under sentence of imprisonment in this state is being sentenced to imprisonment for another crime committed prior to or while subject to such former sentence, the court in the later sentences shall specify whether the sentences shall run concurrently or consecutively. If the court does not so specify, the sentences shall run concurrently.

(b) An inmate of a state prison who is convicted of committing an assault within the correctional facility is subject to the consecutive sentencing provisions of section 609.2232.

Sec. 26. Minnesota Statutes 1996, section 609.2231, is amended by adding a subdivision to read:

Subd. 8. [DEFINITION.] As used in this section, "demonstrable bodily harm" includes:

(1) bodily harm capable of being observed by a person other than the victim; and

(2) a transfer of an infectious agent for a communicable disease in violation of section 609.2241.

Sec. 27. [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY STATE PRISON INMATES.]

Sec. 28. [PROBATION OUTCOME MEASUREMENT WORK GROUP.]

Subdivision 1. [WORK GROUP ESTABLISHED; PURPOSE.] The commissioner of corrections shall establish a work group to develop uniform statewide probation outcome measures. The outcome measures must focus primarily on adult offenders but, to the extent possible, may also address juvenile offenders. The work group shall develop definitions that may be used by all state and local probation service providers to report outcome information for probation services. The work group shall recommend a method by which probation service providers may measure and report recidivism of adult felons in a uniform manner.

Subd. 2. [MEMBERSHIP.] The commissioner of corrections shall appoint individuals who have demonstrated experience in the probation field to serve as members of the work group. The commissioner shall ensure that community corrections act counties and noncommunity corrections act counties are equally represented on the work group. The commissioner, or the commissioner's designee, shall serve on the work group and act as its chair.

Subd. 3. [REVIEW OF OUTCOME MEASURES.] By November 1, 1997, the work group shall submit its recommendations on outcome measures to the criminal and juvenile justice information policy group for review.

Subd. 4. [REPORT REQUIRED.] The work group shall report its findings and recommendations to the chairs of the senate and house of representatives committees having jurisdiction over criminal justice policies by January 15, 1998. The report must indicate what comments or modifications, if any, were made or suggested by the criminal and juvenile justice information policy group and whether the work group altered its recommendations because of this.

Sec. 29. [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE REPORT.]

The department of corrections must include in its agency performance report for the year 2000 a summary of statewide information on the reoffense rates of adult felons on probation.

Sec. 30. [RUSH CITY CLOSE CUSTODY FACILITY.]

The commissioner of corrections must meet and confer with the exclusive bargaining representatives of employees for the purpose of continuing to reduce the projected per diem rates for the proposed Rush City close custody facility. The commissioner and exclusive representatives must consider, at a minimum, the following: management and supervisory levels, staffing schedules and other staff issues, inmate programming, and other matters that impact costs. By February 15, 1998, the commissioner and exclusive bargaining representatives must provide a report to the chairs of the house judiciary committee and senate crime prevention committee.

Sec. 31. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall renumber Minnesota Statutes, section 260.311, as 244.19. The revisor shall also make necessary cross-reference changes consistent with the renumbering.

Sec. 32. [EFFECTIVE DATE.]

Sections 16 and 25 to 27 are effective August 1, 1997, and apply to crimes committed on or after that date. Section 19 is effective January 1, 1998. Sections 8 to 10, 18, 20, 21, 23, 24, 28, and 30 are effective the day following final enactment. Sections 6 and 7 are effective October 1, 1997.

Section 1. Minnesota Statutes 1996, section 363.073, subdivision 1, is amended to read:

12 months, unless the firm or business has an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the commissioner of human rights. Receipt of a certificate of compliance issued by the commissioner shall signify that a firm or business has an affirmative action plan that has been approved by the commissioner. A certificate shall be valid for a period of two years. A municipality as defined in section 466.01, subdivision 1, that receives state money for any reason is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the disabled and submit the plan to the commissioner of human rights.

Sec. 2. Minnesota Statutes 1996, section 504.181, subdivision 1, is amended to read:

504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS UNLAWFUL ACTIVITIES.]

Subdivision 1. [COVENANT NOT TO ALLOW DRUGS TERMS OF COVENANT.] In every lease or license of residential premises, whether in writing or parol, the lessor or licensor and the lessee or licensee covenants covenant that:

(1) the lessee or licensee neither will not:

(i) unlawfully allow controlled substances in those premises or in the common area and curtilage of the premises;

(ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises; or

(iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; and

(2) the common area and curtilage of the premises will not be used by either the lessor or licensor or the lessee or licensee or others acting under the lessee's or licensee's control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.

The covenant is not violated when a person other than the lessor or licensor or the lessee or licensee possesses or allows controlled substances in the premises, common area, or curtilage, unless the lessor or licensor or the lessee or licensee knew or had reason to know of that activity.

Sec. 3. Minnesota Statutes 1996, section 566.05, is amended to read:

566.05 [COMPLAINT AND SUMMONS.]

(a) The person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery, and praying for restitution thereof. The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid. The court shall issue a summons, commanding the person against whom the complaint is made to appear before the court on a day and at a place stated in the summons. The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons. In scheduling appearances under this section, the court shall give priority to any unlawful detainer brought under section 504.181, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property, except as provided by paragraph (b). A copy of the complaint shall be attached to the summons, which shall state that the copy is attached and that the original has been filed.

Sec. 4. Minnesota Statutes 1996, section 566.18, subdivision 6, is amended to read:

Subd. 6. [VIOLATION.] "Violation" means:

(a) a violation of any state, county or city health, safety, housing, building, fire prevention, or housing maintenance code applicable to the building;

(b) a violation of any of the covenants set forth in section 504.18, subdivision 1, clauses (a) or (b), or in section 504.181, subdivision 1;

(c) a violation of an oral or written agreement, lease or contract for the rental of a dwelling in a building.

Sec. 5. Minnesota Statutes 1996, section 611.27, subdivision 4, is amended to read:

Subd. 4. [COUNTY PORTION OF COSTS.] That portion of subdivision 1 directing counties to pay the costs of public defense service shall not be in effect between January 1, 1995, and July 1, 1997 1999. This subdivision only relates to costs associated with felony, gross misdemeanor, juvenile, and misdemeanor public defense services. Notwithstanding the provisions of this subdivision, in the first, fifth, seventh, ninth, and tenth judicial districts, the cost of juvenile and misdemeanor public defense services for cases opened prior to January 1, 1995, shall remain the responsibility of the respective counties in those districts, even though the cost of these services may occur after January 1, 1995.

Sec. 6. Minnesota Statutes 1996, section 611.27, is amended by adding a subdivision to read:

Subd. 15. [COSTS OF TRANSCRIPTS.] In appeal cases and postconviction cases where the state public defender's office does not have sufficient funds to pay for transcripts and other necessary expenses because it has spent or committed all of the transcript funds in its annual budget, the state public defender may forward to the commissioner of finance all billings for transcripts and other necessary expenses. The commissioner shall pay for these transcripts and other necessary expenses from county criminal justice aid retained by the commissioner of revenue under section 477A.0121, subdivision 4.

Sec. 7. Minnesota Statutes 1996, section 617.82, is amended to read:

617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.]

(a) If the recipient of a notice under section 617.81, subdivision 4, either abates the conduct constituting a nuisance or enters into an agreed abatement plan within 30 days of service of the notice, and complies with the agreement within the stipulated time period, the prosecuting attorney may not file a nuisance action on the specified property regarding the nuisance activity described in the notice.

(b) If the recipient fails to comply with the agreed abatement plan, the prosecuting attorney may initiate a complaint for relief in the district court consistent with paragraph (c).

(c) Whenever a prosecuting attorney has cause to believe that a nuisance described in section 617.81, subdivision 2, exists within the jurisdiction the attorney serves, the prosecuting attorney may by verified petition seek a temporary injunction in district court in the county in which the alleged public nuisance exists, provided that at least 30 days have expired since service of the notice required under section 617.81, subdivision 4. No temporary injunction may be issued without a prior show cause notice of hearing to the respondents named in the petition and an opportunity for the respondents to be heard. Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a temporary injunction. Any temporary injunction issued must describe the conduct to be enjoined.

Sec. 8. Minnesota Statutes 1996, section 617.85, is amended to read:

617.85 [NUISANCE; MOTION TO CANCEL LEASE.]

that has jurisdiction over the abatement proceeding a motion to cancel the lease or otherwise secure restitution of the premises from the tenant or lessee who has maintained or conducted the nuisance. The owner may assign to the prosecuting attorney the right to file this motion. In addition to the grounds provided in chapter 566, the maintaining or conducting of a nuisance as defined in section 617.81, subdivision 2, by a tenant or lessee, is an additional ground authorized by law for seeking the cancellation of a lease or the restitution of the premises. Service of motion brought under this section must be served in a manner that is sufficient under Rule 3 of the Rules of Civil Procedure and chapter 566.

It is no defense to a motion under this section by the owner or the prosecuting attorney that the lease or other agreement controlling the tenancy or leasehold does not provide for eviction or cancellation of the lease upon the ground provided in this section.

Upon a finding by the court that the tenant or lessee has maintained or conducted a nuisance in any portion of the building, the court shall order cancellation of the lease or tenancy and grant restitution of the premises to the owner. The court must not order abatement of the premises if the court:

(a) cancels a lease or tenancy and grants restitution of that portion of the premises to the owner; and

(b) further finds that the acts constituting the nuisance as defined in section 617.81, subdivision 2, were committed by the tenant or lessee whose lease or tenancy has been canceled pursuant to this section and the tenant or lessee was not committing the acts in conjunction with or under the control of the owner."

Delete the title and insert:

chapters 241; 243; 244; 257; 259; 260; 299A; 299F; 609; 611A; and 626; repealing Minnesota Statutes 1996, sections 259.33; 299A.01, subdivision 6; and 299F.07; Minnesota Rules, parts 7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 7419.0700; and 7419.0800."

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:

S. F. No. 1881, A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies with certain conditions; regulating certain activities and practices; providing for fees; establishing revolving account; requiring a study; amending Minnesota Statutes 1996, sections 16B.335, subdivision 1; 161.082, by adding a subdivision; 168.011, subdivision 9; 168.018; 168A.29, subdivision 1; 169.974, subdivision 2; 171.06, subdivision 2a; 171.13, by adding a subdivision; 173.13, subdivision 4; 296.16, subdivision 1; 360.015, by adding a subdivision; 360.017, subdivision 1; and 457A.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 1996, section 299D.10.

Reported the same back with the following amendments to the unofficial engrossment:

Page 2, line 23, delete "$1,340,744,000" and insert "$1,339,861,000" and delete "$1,343,091,000" and insert "$1,342,057,000"

Page 8, line 40, delete "$5,550,000" and insert "$5,500,000"

With the recommendation that when so amended the bill pass.

The report was adopted.

On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams	Erhardt	Juhnke	Mares	Pawlenty	Swenson, D.
Anderson, B.	Evans	Kahn	Mariani	Paymar	Swenson, H.
Anderson, I.	Farrell	Kalis	Marko	Pelowski	Sykora
Bakk	Finseth	Kelso	McCollum	Peterson	Tingelstad
Bettermann	Folliard	Kielkucki	McElroy	Pugh	Tomassoni
Biernat	Garcia	Kinkel	McGuire	Reuter	Tompkins
Bishop	Goodno	Knight	Milbert	Rhodes	Trimble
Boudreau	Greenfield	Knoblach	Molnau	Rifenberg	Tuma
Bradley	Greiling	Koppendrayer	Mulder	Rostberg	Tunheim
Broecker	Gunther	Koskinen	Mullery	Rukavina	Van Dellen
Carlson	Haas	Kraus	Munger	Schumacher	Vickerman
Chaudhary	Harder	Krinkie	Murphy	Seagren	Wagenius
Clark	Hasskamp	Kubly	Ness	Seifert	Weaver
Commers	Hausman	Kuisle	Nornes	Sekhon	Wejcman
Daggett	Hilty	Larsen	Olson, M.	Skare	Wenzel
Davids	Holsten	Leighton	Opatz	Skoglund	Westfall
Dawkins	Huntley	Leppik	Orfield	Slawik	Westrom
Dehler	Jaros	Lieder	Osskopp	Smith	Winter
Delmont	Jefferson	Lindner	Osthoff	Solberg	Wolf
Dempsey	Jennings	Luther	Otremba	Stanek	Workman
Journal of the House - 43rd Day - Top of Page 2580
Dorn	Johnson, A.	Macklin	Ozment	Stang	Spk. Carruthers
Entenza	Johnson, R.	Mahon	Paulsen	Sviggum

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Dorn from the Committee on Health and Human Services to which was referred:

S. F. No. 1908, A bill for an act relating to the operation of state government services; appropriating money for the operation of the departments of human services and health, the veterans home board, the health related boards, the disability council, the ombudsman for families, and the ombudsman for mental health and mental retardation; including provisions for agency management; children's programs; basic health care programs; medical assistance and general assistance medical care; long-term care; state-operated services; mental health and developmentally disabled; MinnesotaCare; child support enforcement; assistance to families; health department; amending Minnesota Statutes 1996, sections 13.99, by adding a subdivision; 16A.124, subdivision 4b; 62D.04, subdivision 5; 62E.02, subdivision 13; 62E.14, by adding a subdivision; 103I.101, subdivision 6; 103I.208; 103I.401, subdivision 1; 144.0721, subdivision 3; 144.121, subdivision 1, and by adding subdivisions; 144.125; 144.2215; 144.226, subdivision 1, and by adding a subdivision; 144.394; 144A.071, subdivisions 1, 2, and 4a; 144A.073, subdivision 2; 145.925, subdivision 9; 153A.17; 157.15, by adding subdivisions; 157.16, subdivision 3; 245.03, subdivision 2; 245.4882, subdivision 5; 245.493, subdivision 1, and by adding a subdivision; 245.652, subdivisions 1 and 2; 245.98, by adding a subdivision; 246.02, subdivision 2; 252.025, subdivisions 1, 4, and by adding a subdivision; 252.28, by adding a subdivision; 252.32, subdivisions 1a, 3, 3a, 3c, and 5; 254.04; 254B.02, subdivisions 1 and 3; 254B.04, subdivision 1; 254B.09, subdivisions 4, 5, and 7; 256.01, subdivision 2, and by adding a subdivision; 256.025, subdivisions 2 and 4; 256.045, subdivisions 3, 3b, 4, 5, 7, 8, and 10; 256.476, subdivisions 2, 3, 4, and 5; 256.82, subdivision 1, and by adding a subdivision; 256.871, subdivision 6; 256.935; 256.969, subdivision 1; 256.9695, subdivision 1; 256B.037, subdivision 1a; 256B.04, by adding a subdivision; 256B.056, subdivisions 4, 5, and 8; 256B.0625, subdivisions 13 and 15; 256B.0626; 256B.0627, subdivision 5, and by adding a subdivision; 256B.064, subdivisions 1a, 1c, and 2; 256B.0911, subdivisions 2 and 7; 256B.0912, by adding a subdivision; 256B.0913, subdivisions 10, 14, 15, and by adding a subdivision; 256B.0915, subdivision 3, and by adding a subdivision; 256B.19, subdivisions 1, 2a, and 2b; 256B.421, subdivision 1; 256B.431, subdivision 25, and by adding a subdivision; 256B.433, by adding a subdivision; 256B.434, subdivisions 2, 3, 4, 9, and 10; 256B.48, subdivision 6; 256B.49, subdivision 1, and by adding a subdivision; 256B.69, subdivisions 2, 3a, 5, 5b, and by adding subdivisions; 256D.03, subdivisions 2, 2a, 3b, and 6; 256D.36; 256F.11, subdivision 2; 256G.02, subdivision 6; 256G.05, subdivision 2; 256I.05, subdivision 1a, and by adding a subdivision; 256J.50, by adding a subdivision; 326.37, subdivision 1; 393.07, subdivision 2; 466.01, subdivision 1; 469.155, subdivision 4; 471.59, subdivision 11; 626.556, subdivisions 10b, 10d, 10e, 10f, 11c, and by adding a subdivision; 626.558, subdivisions 1 and 2; and 626.559, subdivision 5; Laws 1995, chapter 207, articles 6, section 115; and 8, section 41, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145A; 157; 252; 256B; and 257; repealing Minnesota Statutes 1996, sections 145.9256; 256.026; 256.82, subdivision 1; 256B.041, subdivision 5; 256B.0625, subdivision 13b; 256B.19, subdivision 1a; and 469.154, subdivision 6; Minnesota Rules, part 9505.1000.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]

appropriations listed under them are available for the fiscal year ending June 30, 1998, or June 30, 1999, respectively. Where a dollar amount appears in parentheses, it means a reduction of an appropriation.

APPROPRIATIONS BIENNIAL

1998 1999 TOTAL

General $2,549,029,000 $2,738,314,000$5,287,343,000

Health Care Access -0- -0- -0-

State Government Special Revenue 32,412,000 34,251,000 66,663,000

Metropolitan Landfill Contingency

Action Fund 193,000 193,000 386,000

Minnesota Resources 150,000 -0- 150,000

Trunk Highway 1,652,000 1,678,0003,300,000

TOTAL 2,583,436,000 2,774,436,000 5,357,872,000

APPROPRIATIONS

Available for the Year

Ending June 30

1998 1999

Sec. 2. COMMISSIONER OF HUMAN SERVICES

Subdivision 1. Total Appropriation 2,466,382,000 2,654,862,000

General 2,465,929,000 2,654,400,000

Health Care Access -0- -0-

State Government

Special Revenue 453,000 462,000

Subd. 2. Agency Management

General 25,711,000 25,131,000

Health Care Access -0- -0-

State Government

Special Revenue 342,000 350,000

The amounts that may be spent from the appropriation for each purpose are as follows:

(a) Financial Operations

General 8,073,000 7,255,000

Health Care Access -0- -0-

section 256.014. Money appropriated for computer projects approved by the information policy office, funded by the legislature, and approved by the commissioner of finance may be transferred from one project to another and from development to operations as the commissioner of human services considers necessary. Any unexpended balance in the appropriation for these projects does not cancel but is available for ongoing development and operations.

(b) Legal & Regulation Operations

General 6,158,000 6,146,000

Health Care Access -0- -0-

State Government

Special Revenue 342,000 350,000

[CHILD CARE LICENSING; FIRE MARSHALL ASSISTANCE.] Of this amount, $200,000 for the biennium is for the commissioner to add two deputy state fire marshall positions in the licensing division. These positions are to improve the speed of licensing child care programs, to provide technical assistance to applicants and providers regarding fire safety, and to improve communication between licensing staff and fire officials. The state fire marshall shall train and supervise the positions. The state fire marshall and the department shall develop an interagency agreement outlining the responsibilities and authorities for these positions, and continuation of cooperation to inspect programs that exceed the resources of these two positions. Unexpended funds for fiscal year 1998 do not cancel but are available to the commissioner for these purposes for fiscal year 1999.

(c) Management Operations

General 11,480,000 11,730,000

Health Care Access -0- -0-

commissioner may accept on behalf of the state any gift, bequest, devise, or personal property of any kind, or money tendered to the state for any lawful purpose pertaining to the communication activities of the department. Any money received for this purpose must be deposited in the department of human services communication systems accounts. Money collected by the commissioner for the use of communication systems must be deposited in the state communication systems account and is appropriated to the commissioner for purposes of this section.

[ISSUANCE OPERATIONS CENTER.] Payments to the commissioner from other governmental units and private enterprises for (1) services performed by the issuance operations center, or (2) reports generated by the payment and eligibility systems must be deposited in the state systems account authorized in Minnesota Statutes, section 256.014. These payments are appropriated to the commissioner for the operation of the issuance center or system, in accordance with Minnesota Statutes, section 256.014.

Subd. 3. Children's Grants

General 38,027,000 40,527,000

[GRANT TO PROMOTE COMPLIANCE WITH INDIAN CHILD WELFARE ACT.] Of this appropriation, $90,000 each year is for the commissioner to provide grants according to Minnesota Statutes, section 257.3571, subdivision 2a, to the Indian child welfare defense corporation to promote statewide compliance with the Indian Child Welfare Act.

[CHILDREN'S MENTAL HEALTH.] Of this appropriation, $500,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 is for the commissioner to award grants to counties for children's mental health services. These grants may be used to provide any of the following services specified in Minnesota Statutes, section 245.4871; family community support services under subdivision 17; day treatment services under subdivision 10; case management services under subdivision 3; professional home-based family treatment under subdivision 31; and outpatient services under subdivision 29. Grant funds must be used to provide services according to an individual family community support plan under Minnesota Statutes, section 245.4882, subdivision 4, that must be developed using a process that respects the consumer's identified cultural community and enhances consumer empowerment.

Subd. 4. Children's Services Management

General 3,161,000 3,192,000

Subd. 5. Basic Health Care Grants

General 819,924,000938,440,000

Health Care Access -0- -0-

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) Minnesota Care Grants

Health Care Access -0- -0-

(b) MA Basic Health Care Grants - Families and Children

General 315,298,000365,302,000

(c) MA Basic Health Care Grants - Elderly & Disabled

General 335,659,000 404,346,000

[PUBLIC HEALTH NURSE ASSESSMENT.] The reimbursement for public health nurse visits relating to the provision of personal care services under Minnesota Statutes, sections 256B.0625, subdivision 19a, and 256B.0627, is $204.36 for the initial assessment visit and $102.18 for each reassessment visit.

[SURCHARGE COMPLIANCE.] In the event that federal financial participation in the Minnesota medical assistance program is reduced as a result of a determination that Minnesota is out of compliance with Public Law Number 102-234 or its implementing regulations or with any other federal law designed to restrict provider tax programs or intergovernmental transfers, the commissioner shall appeal the determination to the fullest extent permitted by law and may ratably reduce all medical assistance and general assistance medical care payments to providers other than the state of Minnesota in order to eliminate any shortfall resulting from the reduced federal funding. Any amount later recovered through the appeals process shall be used to reimburse providers for any ratable reductions taken.

(d) General Assistance Medical Care

General 168,967,000168,792,000

[GAMC AND HEALTH CARE ACCESS FUND.] The appropriation from the health care access fund for fiscal year 1998 shall be used for general assistance medical care expenditures for: (1) adults with dependent children under 21 whose gross family income is equal to or less than 275 percent of the federal poverty guidelines; and (2) adults without children with earned income and whose family gross income is between 75 percent of the federal poverty guidelines and the amount set by Minnesota Statutes, section 256.9354, subdivision 5.

[TUBERCULOSIS COST OF CARE.] Of the general fund appropriation, $89,000 for the biennium is for the cost of care that is required to be paid by the commissioner under Minnesota Statutes, section 144.4872, to diagnose or treat tuberculosis carriers.

Subd. 6. Basic Health Care Management

General 23,977,000 24,583,000

Health Care Access -0- -0-

[CONSUMER-OWNED HOUSING REVOLVING ACCOUNT.] Effective the day following final enactment, for the fiscal year ending June 30, 1997, the commissioner of human services may transfer $25,000 of the appropriation for basic health care management to the commissioner of the Minnesota housing finance agency to establish an account to finance the underwriting requirements of the federal national mortgage association pilot program for persons with disabilities. Any unexpended balance in this account does not cancel, but is available to the commissioner of the Minnesota housing finance agency for the ongoing purposes of the account.

(a) Health Care Policy Administration

General 4,281,000 4,316,000

Health Care Access -0- -0-

[CONSUMER SATISFACTION SURVEY.] Any federal matching money received through the medical assistance program for the consumer satisfaction survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money received for the consumer satisfaction survey in either year of the biennium.

(b) Health Care Operations

General 19,696,000 20,267,000

Health Care Access -0- -0-

mechanism. This appropriation may also be transferred between grants and a nongrant mechanism, and between grants and nongrant administration costs, with the approval of the commissioner of finance.

[SYSTEMS CONTINUITY.] In the event of disruption of technical systems or computer operations, the commissioner of human services may use available grant appropriations to ensure continuity of payments for maintaining the health, safety, and well-being of clients served by programs administered by the department of human services. Grant funds must be used in a manner consistent with the original intent of the appropriation.

Subd. 7. State-Operated Services

General 208,471,000 205,106,000

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) RTC Facilities

General 193,738,000 189,050,000

[MITIGATION RELATED TO DD DOWNSIZING AND MH PILOTS.] Money appropriated to finance mitigation expenses related to the downsizing of regional treatment center developmental disabilities programs and the establishment of mental health pilot projects may be transferred between fiscal years within the biennium.

[FUNDING FOR GRAVE MARKERS.] Of this appropriation, $200,000 for the biennium ending June 30, 1999, is for the commissioner to fund markers with the names of individuals whose graves are located at regional treatment centers. This appropriation is available only after all reasonable efforts have been made to acquire funds from private sources to fund the markers, and after the private funds collected, if any, have been exhausted.

[RTC PILOT PROJECT.] The commissioner may authorize the regional treatment centers to enter into contracts with health plans that provide services to publicly funded clients to provide services within the diagnostic categories related to mental illness and chemical dependency, provided that the revenue is sufficient to cover actual costs. Regional treatment centers may establish revenue-based acute care services to be provided under these contracts, separate from the appropriation-based services otherwise provided at the regional treatment center. The appropriation to the regional treatment centers may be used to cover start-up costs related to these services, offset by revenue. The commissioner, in conjunction with the commissioner of administration, is authorized to modify state contract procedures that would otherwise impede pilot projects in order for the facility to participate in managed care activities. The commissioner may delegate the execution of these contracts to the chief executive officer of the regional treatment center. The commissioner shall report by January 15, 1998, to the house health and human services and senate health and family security committees on pilot project development and implementation.

[CAMBRIDGE REGIONAL HUMAN SERVICES CENTER.] (a) The commissioner shall maintain capacity at Cambridge regional human services center and shall continue to provide residential and crisis services at Cambridge for persons with complex behavioral and social problems committed by the courts from the Faribault regional center and Cambridge regional human services center catchment areas. Campus programs shall operate with the aim of facilitating the return of individuals with clinically complex behavior and social problems to community settings and shall maintain sufficient support services on campus as needed by the programs.

(b) The commissioner shall develop and present a plan and recommendations to the legislature by January 15, 1998, for the second phase of the Minnesota extended treatment options (METO) program at Cambridge regional human services center to serve persons with developmental disabilities who pose a public risk. Phase two may increase the on-campus program capacity of METO by at least 36 additional beds.

[RTC POPULATION.] If the resident population at the regional treatment centers is projected to be higher than the estimates upon which the medical assistance forecast and budget recommendations for the 1998-1999 biennium were based, the amount of the medical assistance appropriation that is attributable to the cost of services that would have been provided as an alternative to regional treatment center services, including resources for community placements and waivered services for persons with mental retardation and related conditions, is transferred to the residential facilities appropriation.

[REPAIRS AND BETTERMENTS.] The commissioner may transfer unencumbered appropriation balances between fiscal years for the state residential facilities repairs and betterments account and special equipment.

[PROJECT LABOR.] Wages for project labor may be paid by the commissioner of human services out of repairs and betterments money if the individual is to be engaged in a construction project or a repair project of short-term and nonrecurring nature. Compensation for project labor shall be based on the prevailing wage rates, as defined in Minnesota Statutes, section 177.42, subdivision 6. Project laborers are excluded from the provisions of Minnesota Statutes, sections 43A.22 to 43A.30, and shall not be eligible for state-paid insurance and benefits.

(b) State-Operated Community Services - MI Adults

General 3,907,000 3,976,000

(c) State-Operated Community Services - DD

General 10,826,000 12,080,000

Subd. 8. Continuing Care and Community Support Grants

General 1,078,205,000 1,152,992,000

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) Community Services Block Grants

54,203,000 54,203,000

(b) Consumer Support Grants

1,757,000 1,757,000

(c) Aging Adult Service Grants

8,260,000 8,263,000

[OMBUDSMAN FOR OLDER MINNESOTANS.] Of this appropriation, $225,000 each year is for the board on aging's ombudsman for older Minnesotans to expand its activities relating to home care services and other non-institutional services, and to develop and implement a continuing education program for ombudsman volunteers.

[HEALTH CARE CONSUMER ASSISTANCE GRANTS.] (a) Of this appropriation, $125,000 in fiscal year 1998 and $125,000 in fiscal year 1999 is to the commissioner for the board on aging to award grants for health insurance counseling and assistance to the area agencies on aging.

(b) The board shall explore opportunities for obtaining alternative funding from nonstate sources, including contributions from individuals seeking health insurance counseling services.

[LIVING-AT-HOME/BLOCK NURSE PROGRAMS.] Of this appropriation, $620,000 each fiscal year is for the commissioner to provide funding to 31 additional living-at-home/block nurse programs; $70,000 for the biennium is for the commissioner to increase funding for certain living-at-home/block nurse programs so that funding for all programs is at the same level for each fiscal year; and $60,000 each fiscal year is for the commissioner to provide additional contract funding for the organization awarded the contract for the living-at-home/block nurse program.

[COUNTY MAINTENANCE; MEALS; AGING.] The supplemental funding for nutrition programs serving counties where congregate and home-delivered meals were locally financed prior to participation in the nutrition program of the Older Americans Act shall be awarded at no less than the same levels as in fiscal year 1997.

(d) Deaf and Hard-of-Hearing Services Grants

1,599,000 1,549,000

[GRANT FOR SERVICES TO DEAF-BLIND CHILDREN AND PERSONS.] Of this appropriation, $200,000 for the biennium is for a grant to an organization that provides services to deaf-blind persons. The grant must be used to provide additional services to deaf-blind children and their families. Such services may include providing intervenors to assist deaf-blind children in participating in their communities, and family education specialists to teach siblings and parents skills to support the deaf-blind child in the family. The commissioner shall use a request-for-proposal process to award the grants in this paragraph.

Of this appropriation, $200,000 for the biennium is for a grant to an organization that provides services to deaf-blind persons. The grant must be used to provide assistance to deaf-blind persons who are working towards establishing and maintaining independence. The commissioner shall use a request-for-proposal process to award the grants in this paragraph.

[GRANT FOR SERVICES TO DEAF PERSONS WITH MENTAL ILLNESS.] Of this appropriation, $75,000 each year is for a grant to a nonprofit agency that serves deaf and hard-of-hearing adults with mental illness through residential programs and supported housing outreach activities. The grant must be used to expand community support services for deaf and hard-of-hearing adults with mental illness who use or wish to use sign language as their primary means of communication.

[ASSESSMENTS FOR DEAF, HARD-OF-HEARING AND DEAF-BLIND CHILDREN.] Of this appropriation, $200,000 each year is for the commissioner to establish a grant program for deaf, hard-of-hearing and deaf-blind children in the state. The grant program shall be used to provide specialized statewide psychological and social assessments, family assessments, and school and family consultation and training. Services provided through this program must be provided in cooperation with the Minnesota resource center; the department of children, families, and learning; the St. Paul-Ramsey health and wellness program serving deaf and hard-of-hearing people; and greater Minnesota community mental health centers.

(e) Mental Health Grants

47,603,000 48,681,000

[WOMEN'S MENTAL HEALTH CRISIS SERVICES PILOT.] Of this appropriation, $250,000 in fiscal year 1998 is for the commissioner to develop a one-year pilot project community-based crisis center for women who are experiencing a mental health crisis as a result of childhood physical or sexual abuse. The commissioner shall provide a grant to Hennepin county to contract with a four-bed adult foster care facility to provide these services. The commissioner shall apply to the federal health care financing administration for all necessary waivers of the medical assistance requirements for funding of the mental health services so that the services provided through the pilot project may be reimbursed by medical assistance, effective July 1, 1998, or upon receipt of federal approval, whichever occurs first.

(f) Developmental Disabilities Support Grants

6,278,000 6,228,000

[EPILEPSY LIVING SKILLS.] Of this appropriation, $60,000 each year is for the purposes of providing increased funding for the living skills training program for persons with intractable epilepsy who need assistance in the transition to independent living. This amount must be included in the base amount for this program.

(g) Medical Assistance Long-Term Care Waivers and Home Care

237,254,000 273,979,000

[COUNTY WAIVERED SERVICES RESERVE.] Notwithstanding the provisions of Minnesota Statutes, section 256B.092, subdivision 4, and Minnesota Rules, part 9525.1830, subpart 2, the commissioner may approve written procedures and criteria for the allocation of home- and community-based waivered services funding for persons with mental retardation or related conditions which enables a county to maintain a reserve resource account. The reserve resource account may not exceed five percent of the county agency's total annual allocation of home- and community-based waivered services funds. The reserve may be utilized to ensure the county's ability to meet the changing needs of current recipients, to ensure the health and safety needs of current recipients, or to provide short-term emergency intervention care to eligible waiver recipients.

(h) Medical Assistance Long-Term Care Facilities

570,518,000 593,797,000

[ICF/MR RATE EXEMPTIONS.] For the rate year beginning October 1, 1997, the commissioner shall exempt ICF/MR facilities from reductions to the payment rates under Minnesota Statutes, section 256B.501, subdivision 5b, paragraph (d), clause (6), if the facility: (1) has had a settle-up payment rate established in the reporting year preceding the rate year for a one-time rate adjustment; (2) is a newly established facility; (3) is an A to B conversion project under the payment rule; (4) has a payment rate subject to a community conversion project under Minnesota Statutes, section 252.292; (5) has a payment rate established under Minnesota Statutes, section 245A.12 or 245A.13; or (6) is a facility created by the relocation of more than 25 percent of the capacity of a related facility during the reporting year.

(i) Alternative Care Grants

General 48,610,000 53,623,000

[PREADMISSION SCREENING TRANSFER.] Effective the day following final enactment, up to $40,000 of the appropriation for preadmission screening and alternative care for fiscal year 1997 may be transferred to the health care administration account to pay the state's share of county claims for conducting nursing home assessments for persons with mental illness or mental retardation as required by Public Law Number 100-203.

[ALTERNATIVE CARE TRANSFER.] Any money allocated to the alternative care program that is not spent for the purposes indicated does not cancel but shall be transferred to the medical assistance account.

[PREADMISSION SCREENING AMOUNT.] The preadmission screening payment to all counties shall continue at the payment amount in effect for fiscal year 1997.

[PAS/AC APPROPRIATION.] The commissioner may expend the money appropriated for preadmission screening and the alternative care program for these purposes in either year of the biennium.

(j) Group Residential Housing

General 62,115,000 69,276,000

k) Chemical Dependency Entitlement Grants

General 35,643,000 37,271,000

[CHEMICAL DEPENDENCY FUNDS TRANSFER.] $11,340,000 from the consolidated chemical dependency general reserve fund available in fiscal year 1998 is transferred to the general fund.

(l) Chemical Dependency Nonentitlement Grants

[DETOXIFICATION TRANSPORTATION.] Any amounts remaining after detoxification transportation funds are allocated for fiscal year 1997 under Minnesota Statutes, section 254A.17, subdivision 3, do not cancel, but must be reallocated to counties in proportion to their unmet need. This provision is effective the day following final enactment.

Subd. 9. Continuing Care and Community Support Management

General 20,855,000 21,654,000

State Government

Special Revenue 111,000 112,000

[QUALITY ASSURANCE PILOT PROJECT.] (a) Of this appropriation, $114,200 each year is for the commissioner to transfer to the quality assurance commission for the purposes of Minnesota Statutes, section 256B.0951; $10,000 each year is for the commissioner to contract with an independent entity to conduct a financial review under Minnesota Statutes, section 256B.0955, paragraph (e); and $5,000 each year is for the commissioner to establish and implement an ongoing evaluation process under Minnesota Statutes, section 256B.0955, paragraph (d).

(b) Of this appropriation, $210,800 in fiscal year 1998 and $241,800 in fiscal year 1999 is for the commissioner to provide grants to counties participating in the alternative quality assurance licensing system under Minnesota Statutes, section 256B.0953. This appropriation shall be transferred to the counties that choose by January 15, 1998 to participate in the alternative licensing system beginning July 1, 1998. Each participating county shall receive a pro rata share of this appropriation, based upon the county's calendar year 1997 case management caseload for persons with developmental disabilities.

[JOINT-PURCHASER DEMO PROJECT START-UP.] Of this appropriation, $80,000 for the biennium ending June 30, 1999, is for a grant to the Goodhue and Wabasha public health board to be used for the development and start-up operational costs for a joint purchaser demonstration project described in Laws 1995, chapter 207, article 6, section 119, in Goodhue and Wabasha counties. This is a one-time appropriation and shall not become part of the base for the 2000-2001 biennial budget.

commissioner shall provide pilot project funding to Hennepin county to contract with the Korean service center at the Cedars high-rises. The center shall agree to do the following:

(1) facilitate or provide needed community support services while taking advantage of current local, state, and federal programs that provide services to senior citizens and handicapped individuals;

(2) negotiate appropriate agreements with the Minneapolis public housing authority and Hennepin county;

(3) ensure that all participants are screened for eligibility for services by Hennepin county;

(4) become a licensed home care service provider or subcontract with a licensed provider to deliver needed services;

(5) contract for meals to be provided through its congregate dining program; and

(6) form other partnerships as needed to ensure the development of a successful, culturally sensitive program for meeting the needs of Korean, Southeast Asian, and other frail elderly and disabled persons living in public housing in southeast Minneapolis.

The grantee must have the project evaluated by an outside evaluator, based on measurement standards developed by the commissioner. The grantee must submit the evaluation to the commissioner no later than December 15, 1999, and the commissioner must submit the evaluation with recommendations on the project's continuation and expansion by January 15, 2000.

[TRANSIT SERVICE SUBSIDIES.] The commissioner shall examine circumstances where providers receive state or federal funds for transit service operating subsidies or to purchase transit equipment, and receive medical assistance reimbursement for medical transportation services in amounts greater than the fee charged by the provider to persons from whom services are not reimbursed by medical assistance.

The commissioner's analysis may involve assistance from the commissioner of the department of health.

The commissioner shall submit a report on the study to the legislature by January 15, 1998.

Subd. 10. Economic Support Grants

[GIFTS.] Notwithstanding any other law to the contrary, the commissioner may accept on behalf of the state additional funding from sources other than state funds for the purpose of financing assistance program grants costs or nongrant administrative costs. All such additional funding is appropriated to the commissioner for use as designated by the grantee of funding.

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) Assistance to Families Grants

General 89,518,000110,688,000

(b) Assistance to Families - County Management

-0- -0-

(c) Work Grants

General 5,878,000 5,884,000

(d) Minnesota Family Investment Plan

General 27,433,000 5,037,000

[WELFARE REFORM CARRYOVER.] Unexpended grant funds for the statewide implementation of the Minnesota family investment program and employment and training programs and for the work first and work focused pilot programs appropriated in fiscal year 1998 for the implementation of welfare reform initiatives do not cancel and are available to the commissioner for these purposes in fiscal year 1999.

(e) Aid to Families With Dependent Children

General 619,000 -0-

[AFDC SUPPLEMENTARY GRANTS.] Of the appropriation for aid to families with dependent children, the commissioner shall provide supplementary grants not to exceed $200,000 a year for aid to families with dependent children until the AFDC program no longer exists. The commissioner shall include the following costs in determining the amount of the supplementary grants: major home repairs, repair of major home appliances, utility recaps, supplementary dietary needs not covered by medical assistance, and replacements of furnishings and essential major appliances.

the money appropriated for cash assistance grants for each fiscal year, up to three percent of the annual state appropriation is available to the commissioner in the previous fiscal year. If that amount is insufficient for the costs incurred, an additional amount of the appropriation as needed may be transferred with the advance approval of the commissioner of finance. This paragraph is effective the day following final enactment.

(f) Child Support Enforcement

General 5,790,000 5,372,000

[CHILD SUPPORT PAYMENT CENTER.] Payments to the commissioner from other governmental units, private enterprises, and individuals for services performed by the Child Support Payment Center must be deposited in the state systems account authorized in Minnesota Statutes, section 256.014. These payments are appropriated to the commissioner for the operation of the Child Support Payment Center or system, in accordance with Minnesota Statutes, section 256.014.

[CHILD SUPPORT ENFORCEMENT PAYMENT CENTER RECOUPMENT ACCOUNT.] The child support enforcement payment center is authorized to establish an account to cover checks issued in error or in cases where insufficient funds are available to pay the checks. All recoupments against payments from the account must be deposited in the child support enforcement payment center recoupment account and are appropriated to the commissioner for the purposes of the account. Any unexpended balance in the account does not cancel, but is available until expended. For the period June 1, 1997, to June 30, 1997, the commissioner may transfer general fund administrative money to the child support enforcement payment center recoupment account to cover underfinanced and unfunded checks during this period only. This paragraph is effective the day following final enactment.

[CHILD SUPPORT ENFORCEMENT CARRYOVER.] Unexpended funds for child support enforcement grants and county performance incentives for fiscal year 1998 do not cancel but are available to the commissioner for these purposes for fiscal year 1999.

[CHILD SUPPORT ENFORCEMENT APPROPRIATIONS.] Of this appropriation for the biennium ending June 30, 1999, the commissioner shall transfer: $150,000 to the attorney general for the continuation of the public education campaign specified in Minnesota Statutes, section 8.35; and $68,000 to the attorney general for the purposes specified in Minnesota Statutes, section 518.575. Any balance remaining in the first year does not cancel, but is available in the second year.

(g) General Assistance

General 57,466,000 54,010,000

[GA STANDARD.] The commissioner shall set the monthly standard of assistance for general assistance units consisting of an adult recipient who is childless and unmarried or living apart from his or her parents or a legal guardian at $203.

(h) Minnesota Supplemental Aid

General 25,181,000 28,440,000

(i) Refugee Services

General 1,905,000 1,605,000

Subd. 11. Economic Support Management

General 33,808,000 31,739,000

Health Care Access -0- -0-

The amounts that may be spent from this appropriation for each purpose are as follows:

(a) Economic Support Policy Administration

General 10,731,000 9,013,000

[COMBINED MANUAL PRODUCTION COSTS.] The commissioner may increase the fee charged to, and may retain money received from, individuals and private entities in order to recover the difference between the costs of producing the department of human services combined manual and the subsidized price charged to individuals and private entities on January 1, 1996. This provision does not apply to government agencies and nonprofit agencies serving the legal or social service needs of clients.

operate a tribal program. The commissioner and the tribes shall collaborate in the development of the plan. The plan shall be reported to the legislature no later than February 15, 1998.

[NEW CHANCE PROGRAM.] Of this appropriation, $140,000 each year is for a grant to the new chance program. The new chance program shall provide comprehensive services through a private, nonprofit agency to young parents in Hennepin county who have dropped out of school and are receiving public assistance. The program administrator shall report annually to the commissioner on skills development, education, job training, and job placement outcomes for program participants.

(b) Economic Support Policy Operations

General 28,477,000 28,126,000

Health Care Access -0- -0-

[CITIZENSHIP TRAINING.] The funds appropriated for citizenship training shall be awarded to nonprofit organizations through a competitive bidding process based on criteria established by the commissioner of human services. Notice of the availability of funds shall be published in the State Register.

[ELECTRONIC BENEFIT TRANSFER (EBT) COUNTY ALLOCATION.] Of the amount appropriated for electronic benefit transfer, an allocation shall be made each year to counties for EBT-related expenses. One hundred percent of the appropriation shall be allocated to counties based on each county's average monthly number of food stamp households as a proportion of statewide average monthly food stamp households for the fiscal year ending June 30, 1996.

[FRAUD PREVENTION AND CONTROL FUNDING.] Unexpended funds appropriated for the provision of program integrity activities for fiscal year 1998 are also available to the commissioner to fund fraud prevention and control initiatives, and do not cancel but are available to the commissioner for these purposes for fiscal year 1999. Unexpended funds may be transferred between the fraud prevention investigation program and fraud control programs to promote the provisions of Minnesota Statutes, sections 256.983 and 256.9861.

(c) Assistance to Families State Management

-0- -0-

Subd. 12. Federal TANF Funds

[TRANSFER TO TANF CHILD CARE.] Of this appropriation, $5,400,000 in fiscal year 1998 from the federal TANF block grant and $5,400,000 in fiscal year 1999 from the federal TANF block grant is transferred to the commissioner of children, families, and learning for the purposes of providing TANF child care assistance.

Sec. 3. COMMISSIONER OF HEALTH

Subdivision 1. Total Appropriation 81,475,000 80,371,000

General 59,395,000 58,271,000

Metropolitan Landfill Contingency

Action Fund 193,000 193,000

State Government

Special Revenue 21,737,000 21,907,000

Health Care Access -0- -0-

Minnesota Resources 150,000 -0-

[LANDFILL CONTINGENCY.] The appropriation from the metropolitan landfill contingency action fund is for monitoring well water supplies and conducting health assessments in the metropolitan area.

[FEES TO COVER COSTS, RECOVER DEFICITS.] The commissioner of health shall set fees to cover current program costs and recover deficits.

Subd. 2. Health Systems and Special Populations 56,195,000 56,098,000

General 47,096,000 47,026,000

State Government

Special Revenue 9,099,000 9,072,000

Health Care Access -0- -0-

[FEES; DRUG AND ALCOHOL COUNSELOR LICENSE.] When setting fees for the drug and alcohol counselor license, the department is exempt from Minnesota Statutes, section 16A.1285, subdivision 2.

[STATE VITAL RECORDS REDESIGN PROJECT ACCOUNT.] The amount appropriated for the vital records redesign project shall be available until expended for ongoing development and operations.

[WIC PROGRAM.] Of this appropriation, $650,000 in 1998 is provided to maintain services of the program, $700,000 in 1998 and $700,000 in 1999 is added to the base level funding for the WIC food program in order to maintain the existing level of the program, and $100,000 in 1998 is for the commissioner to develop and implement an outreach program to apprise potential recipients of the WIC food program of the importance of good nutrition and the availability of the program.

[WIC TRANSFERS.] General fund appropriations for the women, infants, and children food supplement program (WIC) are available for either year of the biennium. Transfers of appropriations between fiscal years must be for the purpose of maximizing federal funds or minimizing fluctuations in the number of participants.

[LOCAL PUBLIC HEALTH FINANCING.] Of the appropriation, $6,026,000 in fiscal year 1998 and $5,255,000 in fiscal year 1999 is for local public health financing. Of this amount, $5,476,000 in fiscal year 1998 and $4,705,000 in fiscal year 1999 shall be distributed according to the community health services subsidy formula in Minnesota Statutes, section 145A.13. No more than $550,000 each year is for technical assistance provided by the commissioner under Minnesota Statutes, section 145A.12.

[JUVENILE ASSESSMENT CENTERS.] Of this appropriation, $500,000 each year of the biennium ending June 30, 1999, is for the commissioner to develop and pilot up to three juvenile assessment centers, in partnership with the commissioner of children, families and learning. The commissioner may transfer these appropriations to the commissioner of children, families, and learning and to other commissioners as appropriate. The centers will serve as central intake facilities for juveniles entering the juvenile justice system or involved in CHIPS proceedings; facilitate screening for risk factors for further involvement in the juvenile justice system; refer juveniles to appropriate service providers; and provide decision-makers with timely information.

[CARRYOVER; MINNESOTA CHILDREN WITH SPECIAL HEALTH NEEDS.] General fund appropriations for treatment services in the services for children with special health care needs program are available for either year of the biennium.

Public Law Number 104-193; and (b) are not eligible for MinnesotaCare, are eligible for health care services through Minnesota services for children with special health care needs under Minnesota Rules, parts 4705.0100 to 4705.1600 for the fiscal year ending June 30, 1998. The commissioner of health shall report to the legislature by March 1, 1998, on the number of children eligible under this provision, their health care needs, family income as a percentage of the federal poverty level, the extent to which families have employer-based health coverage, and recommendations on how to meet the future needs of children eligible under this provision.

[MERC TRUST FUND.] Of the general fund appropriation, $7,200,000 each year is for the medical education and research (MERC) trust fund established under Minnesota Statutes, section 62J.69. The commissioner may use up to $150,000 of this appropriation each year for the administration of the MERC trust fund.

[INDIAN DIABETES PREVENTION ACTIVITIES.] (a) Of this general fund appropriation, $90,000 in fiscal year 1998 is for development of a comprehensive school-based intervention program designed to reduce the risk factors associated with diabetes among American Indian school children in grades 1 through 4.

(b) Of this general fund appropriation, $90,000 in fiscal year 1999 is for the implementation of the program developed under paragraph (a). This appropriation is available only if matched by $1 of nonstate money for each $1 of the appropriation.

[HOME VISITING PROGRAMS.] (a) Of this appropriation, $140,000 in 1998 and $1,295,000 in 1999 is for the home visiting programs for infant care under Minnesota Statutes, section 145A.16. These amounts are available until June 30, 1999.

(b) Of this appropriation, $225,000 in 1998 and $180,000 in 1999 is to continue funding the home visiting programs that received one-year funding under Laws 1995, chapter 480, article 1, section 9. This amount is available until expended.

Of the appropriation, $150,000 each year is for training health care providers to screen and refer pregnant women for alcohol abuse, identifying affected children and referring them to needed services, and designing and implementing a statewide plan to promote responsible drinking and reduce binge drinking, underage drinking, and fetal alcohol exposure.

[COMPLAINT INVESTIGATIONS.] Of the appropriation, $127,000 each year from the state government special revenue fund, and $88,000 each year from the general fund, is for the commissioner to conduct complaint investigations of nursing facilities, hospitals and home health care providers.

[HOME STAFFING STUDY.] The commissioner of health, in consultation with the commissioner of human services, shall study nursing home staffing to determine if Minnesota nursing homes are adequately staffed to assure high quality care of residents. The study shall examine:

(1) Whether nursing home staff levels and qualifications have changed to reflect the rising acuity levels of nursing home patients.

(2) Whether more training is necessary for nursing assistant and who care for sicker patients.

(3) The percentage of nursing care in nursing homes that is delivered by nursing assistants as opposed to licensed nurses, how this has changed over the past five years, and what the implications are for care.

(4) Whether the use of nursing pools or agencies has increased over the past five years, the implications of the use of pools for continuity of care and for costs to nursing homes, and whether a restriction on the use of nursing pools is advisable.

(5) Whether injury rates are related to staffing, and whether increased staffing would reduce injury rates, lead to greater continuity of care, and lower worker compensation costs to the nursing home industry.

(6) Whether high turnover rates and difficulty in attracting and retaining nursing assistant staff in nursing homes are related to low wages, and whether the state should provide wage enhancements for nursing assistants to bring wages to a level adequate to attract and retain good staff.

The commissioner shall present recommendations to the legislature by December 15, 1997.

Subd. 3. Health Protection 21,905,000 21,098,000

General 9,082,000 8,228,000

Metro Landfill Contingency

193,000 193,000

State Government

Special Revenue 12,480,000 12,677,000

Minnesota Resources 150,000 -0-

[DEMO PROJECTS FOR HIV EDUCATION IN SCHOOLS.] Of this appropriation, the commissioner shall transfer $300,000 for the biennium ending June 30, 1999, to the commissioner of children, families, and learning to establish a demonstration project to provide grants to school districts under Minnesota Statutes, section 121.203. In selecting participating districts the commissioner shall give first priority to school districts outside of the seven-county metropolitan area, and second priority to school districts in the seven-county metropolitan area other than the Minneapolis and St. Paul school districts. The commissioner shall issue a request for proposals by October 1, 1997, and shall select districts by December 15, 1997. The commissioner shall evaluate the projects, and by June 15, 1999, develop model programs for districts to implement Minnesota Statutes, section 121.203. This appropriation shall not become part of the base for 2000-2001 biennium.

[PREVENTION OF PERINATAL TRANSMISSION OF HIV.] Of this appropriation, $500,000 for the biennium is for activities related to prevention of perinatal transmission of HIV. Of this amount, $225,000 in fiscal year 1998 and $200,000 in fiscal year 1999 is to conduct a statewide education campaign for pregnant women and their health care providers, and $75,000 is for demonstration grants to providers to develop procedures for incorporating HIV awareness and education into perinatal care.

[EVALUATION REQUIRED.] Of this appropriation, $100,000 for the biennium is for the commissioner to evaluate the effects of Minnesota Statutes, section 151.40, subdivision 2, and Minnesota Statutes, section 152.01, subdivision 18, paragraph (b). The commissioner shall submit an interim evaluation report to the legislature by January 15, 2000, and a final report by January 15, 2002.

Subd. 4. Management and Support Services 3,375,000 3,175,000

General 3,217,000 3,017,000

Health Care Access -0- -0-

State Government

Special Revenue 158,000 158,000

[HEALTH DEPARTMENT COMPUTER PROJECTS.] Money appropriated for computer projects approved by the information policy office, funded by the legislature, and approved by the commissioner of finance does not cancel but is available for development and implementation.

[HOSPITAL CONVERSION.] Of the appropriation from the general fund, for the fiscal year ending June 30, 1998, the commissioner of health shall provide $75,000 to a 28-bed hospital located in Chisago county that is in the process of closing and converting to an outpatient and emergency services facility, for the facility's EMS and advanced life support services.

Sec. 4. VETERANS NURSING HOMES BOARD 20,709,000 24,342,000

[SPECIAL REVENUE ACCOUNT.] The general fund appropriations made to the veterans homes board shall be transferred to a veterans homes special revenue account in the special revenue fund in the same manner as other receipts are deposited in accordance with Minnesota Statutes, section 198.34, and are appropriated to the veterans homes board of directors for the operation of board facilities and programs.

[SETTING THE COST OF CARE.] The veterans homes board may set the cost of care at the Fergus Falls facility for fiscal year 1998 based on the cost of average skilled nursing care provided to residents of the Minneapolis veterans home for fiscal year 1998. The board may set the cost of care at the Fergus Falls facilities for fiscal year 1999 based on the cost of average skilled nursing care for residents of the Minneapolis veterans home for fiscal year 1999.

[LICENSED CAPACITY.] The department of health shall not reduce the licensed bed capacity for the Minneapolis veterans home pending completion of the project authorized by Laws 1990, chapter 610, article 1, section 9, subdivision 3.

Sec. 5. HEALTH-RELATED BOARDS

Subdivision 1. Total Appropriation 9,598,000 9,618,000

[STATE GOVERNMENT SPECIAL REVENUE FUND.] The appropriations in this section are from the state government special revenue fund.

[NO SPENDING IN EXCESS OF REVENUES.] The commissioner of finance shall not permit the allotment, encumbrance, or expenditure of money appropriated in this section in excess of the anticipated biennial revenues or accumulated surplus revenues from fees collected by the boards. Neither this provision nor Minnesota Statutes, section 214.06, applies to transfers from the general contingent account.

Subd. 2. Board of Chiropractic Examiners 332,000 340,000

Subd. 3. Board of Dentistry 742,000 760,000

Subd. 4. Board of Dietetic and Nutrition Practice 90,000 90,000

Subd. 5. Board of Marriage and Family Therapy 103,000 104,000

Subd. 6. Board of Medical Practice 3,672,000 3,711,000

Of these appropriations, $291,000 the first year and $296,000 the second year are for the Health Professional Services Activity.

Subd. 7. Board of Nursing 2,067,000 2,106,000

[DISCIPLINE AND LICENSING SYSTEMS PROJECT.] Of this appropriation, $235,000 the first year and $235,000 the second year is to complete the implementation of the discipline and licensing systems project.

Subd. 8. Board of Nursing Home Administrators 177,000 181,000

Subd. 9. Board of Optometry 82,000 85,000

Subd. 10. Board of Pharmacy 1,020,000 1,040,000

Of these appropriations, $216,000 the first year and $222,000 the second year are for the health boards administrative services unit. The administrative services unit may receive and expend reimbursements for services performed for other agencies.

Subd. 11. Board of Podiatry 33,000 33,000

Subd. 12. Board of Psychology 424,000 436,000

Subd. 14. Board of Veterinary Medicine 141,000 144,000

Sec. 6. EMERGENCY MEDICAL SERVICES BOARD 2,791,0002,811,000

General 1,139,000 1,133,000

Trunk Highway 1,652,000 1,678,000

[CALS PROGRAM.] $206,000 is appropriated from the general fund to the emergency medical services regulatory board to be available until June 30, 1999. $200,000 of the appropriation is to implement the comprehensive advanced life support (CALS) program or similar program. $6,000 of the appropriation is for administrative costs of implementing the CALS program.

[EMS BOARD DATA COLLECTION.] Of this appropriation, $52,000 for the biennium ending June 30, 1999, is from the general fund to the emergency medical services regulatory to be used as start-up costs for the financial data collection system.

Sec. 7. COUNCIL ON DISABILITY 616,000 631,000

Sec. 8. OMBUDSMAN FOR MENTAL HEALTH AND MENTAL

RETARDATION 1,399,000 1,323,000

[CARRYOVER.] $25,000 of the appropriation from Laws 1995, chapter 207, article 1, section 7, does not cancel but is available until June 30, 1999.

Sec. 9. OMBUDSMAN FOR FAMILIES 157,000 161,000

Sec. 10. TRANSFERS

Subdivision 1. Grant Programs

Subd. 2. Approval Required

Positions, salary money, and nonsalary administrative money may be transferred within the departments of human services and health and within the programs operated by the veterans nursing homes board as the commissioners and the board consider necessary, with the advance approval of the commissioner of finance. The commissioner of finance shall inform the chairs of the house health and human services finance division and the senate health and family security budget division quarterly about transfers made under this provision.

Sec. 11. PROVISIONS

(a) Money appropriated to the commissioner of human services for the purchase of provisions within the item "current expense" must be used solely for that purpose. Money provided and not used for the purchase of provisions must be canceled into the fund from which appropriated, except that money provided and not used for the purchase of provisions because of population decreases may be transferred and used for the purchase of drugs and medical and hospital supplies and equipment with written approval of the governor after consultation with the legislative advisory commission.

(b) For fiscal year 1998, the allowance for food may be adjusted to the equivalent of the 75th percentile of the comparable raw food costs for community nursing homes as reported to the commissioner of human services. For fiscal year 1999 an adjustment may be made to reflect the annual change in the United States Bureau of Labor Statistics producer price index as of June 1998 with the approval of the commissioner of finance. The adjustments for either year must be prorated if they would require money in excess of this appropriation.

Sec. 12. CARRYOVER LIMITATION

None of the appropriations in this act which are allowed to be carried forward from fiscal year 1998 to fiscal year 1999 shall become part of the base level funding for the 2000-2001 biennial budget, unless specifically directed by the legislature.

Sec. 13. SUNSET OF UNCODIFIED LANGUAGE

All uncodified language contained in this article expires on June 30, 1999, unless a different expiration is explicit.

Section 1. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Sec. 2. [62J.70] [AMBULANCE SERVICES FINANCIAL DATA.]

Subdivision 1. [ESTABLISHMENT.] The emergency medical services regulatory board established under chapter 144E shall establish a financial data collection system for all ambulance services licensed in this state. To establish the financial database, the emergency medical services regulatory board may contract with an entity that has experience in ambulance service financial data collection.

Subd. 2. [DATA CLASSIFICATION.] All financial data collected by the emergency medical services regulatory board shall be classified as nonpublic data under section 13.02, subdivision 9.

Sec. 3. Minnesota Statutes 1996, section 103I.101, subdivision 6, is amended to read:

Subd. 6. [FEES FOR VARIANCES.] The commissioner shall charge a nonrefundable application fee of $100 $120 to cover the administrative cost of processing a request for a variance or modification of rules adopted by the commissioner under this chapter.

Sec. 4. Minnesota Statutes 1996, section 103I.208, is amended to read:

103I.208 [WELL NOTIFICATION FILING FEES AND PERMIT FEES.]

Subdivision 1. [WELL NOTIFICATION FEE.] The well notification fee to be paid by a property owner is:

(1) for a new well, $100 $120, which includes the state core function fee; and

(2) for a well sealing, $20, which includes the state core function fee; and

(3) for construction of a dewatering well, $100 $120, which includes the state core function fee, for each well except a dewatering project comprising five or more wells shall be assessed a single fee of $500 $600 for the wells recorded on the notification.

Subd. 1a. [STATE CORE FUNCTION FEE.] The state core function fee to be collected by the state and delegated boards of health and used to support state core functions is:

(1) for a new well, $20; and

(2) for a well sealing, $5.

Subd. 2. [PERMIT FEE.] The permit fee to be paid by a property owner is:

(1) for a well that is not in use under a maintenance permit, $100 annually;

(2) for construction of a monitoring well, $100 $120, which includes the state core function fee;

(3) for a monitoring well that is unsealed under a maintenance permit, $100 annually;

(4) for monitoring wells used as a leak detection device at a single motor fuel retail outlet or petroleum bulk storage site excluding tank farms, the construction permit fee is $100 $120, which includes the state core function fee, per site regardless of the number of wells constructed on the site, and the annual fee for a maintenance permit for unsealed monitoring wells is $100 per site regardless of the number of monitoring wells located on site;

(5) for a groundwater thermal exchange device, in addition to the notification fee for wells, $100 $120, which includes the state core function fee;

(7) for a dewatering well that is unsealed under a maintenance permit, $100 annually for each well, except a dewatering project comprising more than five wells shall be issued a single permit for $500 annually for wells recorded on the permit; and

(8) for excavating holes for the purpose of installing elevator shafts, $120 for each hole.

Sec. 5. Minnesota Statutes 1996, section 103I.401, subdivision 1, is amended to read:

Subdivision 1. [PERMIT REQUIRED.] (a) A person may not construct an elevator shaft until a permit for the hole or excavation is issued by the commissioner.

(b) The fee for excavating holes for the purpose of installing elevator shafts is $100 for each hole.

(c) The elevator shaft permit preempts local permits except local building permits, and counties and home rule charter or statutory cities may not require a permit for elevator shaft holes or excavations.

Sec. 6. Minnesota Statutes 1996, section 144.121, subdivision 1, is amended to read:

Subdivision 1. [REGISTRATION; FEES.] The fee for the registration for X-ray machines and radium other sources of ionizing radiation required to be registered under rules adopted by the state commissioner of health pursuant to section 144.12, shall be in an amount prescribed by the commissioner as described in subdivision 1a pursuant to section 144.122. The first fee for registration shall be due on January 1, 1975. The registration shall expire and be renewed as prescribed by the commissioner pursuant to section 144.122.

Sec. 7. Minnesota Statutes 1996, section 144.121, is amended by adding a subdivision to read:

Subd. 1a. [FEES FOR X-RAY MACHINES AND OTHER SOURCES OF IONIZING RADIATION.] After July 1, 1997, a facility with x-ray machines or other sources of ionizing radiation must biennially pay an initial or biennial renewal registration fee consisting of a base facility fee of $132 and an additional fee for each x-ray machine or other source of ionizing radiation as follows:

(1) medical or veterinary equipment $106

(2) dental x-ray equipment $ 66

(3) accelerator $132

(4) radiation therapy equipment $132

(5) x-ray equipment not used on humans or animals $106

(6) devices with sources of ionizing radiation

not used on humans or animals $106

(7) sources of radium $198

Sec. 8. Minnesota Statutes 1996, section 144.121, is amended by adding a subdivision to read:

Subd. 1b. [PENALTY FEE FOR LATE REGISTRATION.] Applications for initial or renewal registrations submitted to the commissioner after the time specified by the commissioner shall be accompanied by a penalty fee of $20 in addition to the fees prescribed in subdivision 1a.

Sec. 9. Minnesota Statutes 1996, section 144.121, is amended by adding a subdivision to read:

Sec. 10. [144.124] [TESTS OF NEWBORN INFANTS FOR HEARING LOSS.]

Subdivision 1. [LEGISLATIVE DECLARATION AND POLICY.] (a) The legislature hereby finds, determines, and declares:

(1) that hearing loss occurs in newborn infants more frequently than any other health condition for which newborn infant screening is currently required;

(2) that 80 percent of the language ability of a child is established by the time the child is 18 months of age, and that hearing is vitally important to the health development of language skills;

(3) that early detection of either mild or severe hearing loss in a child and early intervention has been determined to be highly effective in facilitating a child's healthy development in a manner consistent with the child's age and cognitive ability;

(4) that children with hearing loss who do not receive early intervention require special educational services, and that the costs of such publicly funded services exceed the costs of screening infants for hearing loss; and

(5) that appropriate testing and identification of newborn infants with hearing loss will facilitate early intervention, and may therefore promote the healthy development of children and reduce public expenditures.

(b) For these reasons, the legislature declares that it is the public policy of this state that every newborn infant should be screened for hearing loss unless the parents object on the grounds that a test would conflict with their religious beliefs.

Subd. 2. [PROGRAM IMPLEMENTATION.] (a) To accomplish the goal of screening all newborn infants for hearing loss, the commissioner of health shall work with hospitals, the medical community, audiologists, insurance companies, parents, and deaf and hard-of-hearing citizens to establish and implement a voluntary plan for hospitals and other health care facilities to screen all infants for hearing loss.

(b) The commissioner of health shall appoint a department work group to make recommendations to the commissioner on formulating a plan to achieve, on a voluntary basis, universal screening of infants for hearing loss. The work group shall include the following representatives:

(1) a representative of the health insurance industry designated by the health insurance industry;

(2) a representative of the Minnesota hospital and healthcare partnership;

(3) a total of two representatives from the following physician groups designated by the Minnesota medical association: pediatrics, family practice, and ENT;

(4) two audiologists designated by the Minnesota speech-language-hearing association and the Minnesota academy of audiology;

(5) a representative of hospital neonatal nurseries;

(6) a representative of Part H (IDEA) early childhood special education;

(7) the commissioner of health or a designee;

(8) a representative of the department of human services;

(9) a public health nurse;

(10) a parent of a deaf or hard-of-hearing child;

(12) a representative of the Minnesota commission serving deaf and hard-of-hearing people.

Members of the work group shall not collect a per diem or compensation as provided in section 15.0575.

(c) The plan shall include the following:

(1) measurable goals and timetables for achieving universal screening of infants for hearing loss throughout the state; and

(2) the design and implementation of training necessary to assist hospitals and other health care facilities to screen infants for hearing loss according to recognized standards of care.

(d) The work group shall report to the legislature by January 1, 1998, on progress made toward achieving universal screening of infants in Minnesota to assist the legislature in determining whether this goal can be accomplished on a voluntary basis.

Sec. 11. Minnesota Statutes 1996, section 144.125, is amended to read:

144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.]

It is the duty of (1) the administrative officer or other person in charge of each institution caring for infants 28 days or less of age and (2) the person required in pursuance of the provisions of section 144.215, to register the birth of a child, to cause to have administered to every infant or child in its care tests for hemoglobinopathy, phenylketonuria, and other inborn errors of metabolism in accordance with rules prescribed by the state commissioner of health. In determining which tests must be administered, the commissioner shall take into consideration the adequacy of laboratory methods to detect the inborn metabolic error, the ability to treat or prevent medical conditions caused by the inborn metabolic error, and the severity of the medical conditions caused by the inborn metabolic error. Testing and the recording and reporting of the results of the tests shall be performed at the times and in the manner prescribed by the commissioner of health. The commissioner shall charge laboratory service fees for conducting the tests of infants for inborn metabolic errors so that the total of fees collected will approximate the costs of conducting the tests and implementing and maintaining a system to follow-up infants with inborn metabolic errors. Costs associated with capital expenditures and the development of new procedures may be prorated over a three-year period when calculating the amount of the fees.

Sec. 12. Minnesota Statutes 1996, section 144.2215, is amended to read:

144.2215 [BIRTH DEFECTS REGISTRY INFORMATION SYSTEM.]

Subdivision 1. [ESTABLISHMENT.] The commissioner of health shall develop a statewide birth defects registry system to provide for the collection, analysis, and dissemination of birth defects information. The commissioner shall consult with representatives and experts in epidemiology, medicine, insurance, health maintenance organizations, genetics, consumers, and voluntary organizations in developing the system and may phase in the implementation of the system establish a statewide population-based birth defects information system to collect, analyze, and disseminate information regarding the risk for and incidence of birth defects.

Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of health shall design the birth defects information system to allow the commissioner to:

(1) monitor incidence trends of birth defects to detect potential public health problems, predict risks, and assist in responding to birth defects clusters;

(2) more accurately target intervention resources for communities and individuals and their families after birth;

(3) inform health professionals and the public of the prevalence of and risks for birth defects; and

Subd. 3. [EXTERNAL RESEARCH.] (a) For purposes of this subdivision, "external research" means any research other than research performed by the commissioner of health pursuant to sections 144.2215 to 144.2218. The commissioner may enter into contracts with public and private research entities or with individuals to conduct research using data collected pursuant to sections 144.2215 to 144.2218. To enter into a contract with the commissioner, the principal investigator of the research entity or the individual must:

(1) demonstrate that the research would be conducted for purposes consistent with subdivision 2;

(2) have obtained a professional or advanced academic degree and have significant training and research experience in epidemiology, medical research, or related areas;

(3) demonstrate that the research project has scientific merit; and

(4) provide the commissioner with a detailed written protocol which includes methods to maintain the privacy of the data according to state law.

(b) The commissioner may provide personal identifying information for external research only after obtaining the consent of the individual, or the individual's parent or guardian if the individual is a minor. External researchers are prohibited from releasing any identifying information relating to the individual or the reporting physician or institution.

(c) In determining whether an external researcher meets the criteria in paragraph (a), the commissioner shall consult with a scientific peer review committee consisting of at least five persons. Each member of the committee must have a professional or advanced academic degree and significant training and research experience in epidemiology, medical research, or related areas.

(d) After receiving a recommendation from the scientific peer review committee in paragraph (c), the commissioner may enter into a contract with the external researcher to perform authorized research. The contract must include a provision requiring the external researcher to maintain the privacy of the data.

Subd. 4. [NOTICE.] Within 30 days after making a determination to enter a case into the birth defects information system, the commissioner of health shall make a reasonable effort to notify the individual, or the individual's parent or guardian if the individual is a minor, that data on the individual has been entered into the system.

Subd. 5. [PILOT PROJECTS.] The commissioner of health shall evaluate and modify, as necessary, the birth defects information system using pilot projects. The commissioner shall use the results of the pilot projects to implement a refined birth defects information system statewide.

Subd. 6. [ADVISORY COMMITTEE.] The commissioner of health shall appoint an advisory committee of 16 members to advise the commissioner on the planning, implementation, evaluation, and review of the birth defects information system. The terms, compensation, and removal of members are governed by section 15.059, except that the members do not receive per diem compensation. Members of the advisory committee shall represent the geographical diversity of the state. Each of the following experts and representatives must be represented in the advisory committee: epidemiologist, public health specialist, physician, medical ethicist, geneticist, health care provider, health information management specialist, health insurance provider, parent of a child with a birth defect, and a representative of an organization that advocates for disabled individuals. The advisory committee shall expire on June 30, 2001.

Subd. 7. [REPORT.] The commissioner of health shall prepare and transmit to the governor and the legislature a report on the status and activities of the birth defects information system no later than January 15 of every odd-numbered year beginning in 1999.

Sec. 13. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS REQUIRED.]

Subdivision 1. [PERSON PRACTICING HEALING ARTS.] A person licensed to practice the healing arts in any form, upon request of the commissioner of health, shall provide the commissioner with access to information or copies of reports on each birth defect case, subject to the limitations in subdivision 6, in the manner and at the times that the commissioner designates.

Subd. 2. [HOSPITALS AND SIMILAR INSTITUTIONS.] A hospital, medical clinic, medical laboratory, or other institution for the hospitalization, clinical or laboratory diagnosis, or care of human beings shall provide the commissioner of health with access to information or copies of reports on each birth defect case, subject to the limitations in subdivision 6, in the manner and at the times that the commissioner designates. This subdivision does not apply to institutions described in section 144A.09, subdivision 1.

Subd. 3. [OTHER DATA REPOSITORIES.] Other repositories of data on the diagnosis or care of human beings may provide the commissioner of health with access to information or copies of reports on each case of birth defects, subject to the limitations in subdivision 6, in the manner and at the times that the commissioner designates.

Subd. 4. [PATIENT CONSENT.] (a) For any release of health records to the commissioner under subdivision 1, 2, or 3, patient consent is not required pursuant to section 144.335, subdivision 3a, paragraph (a).

(b) For any release of health records when the commissioner contracts with an outside entity to conduct a study using data collected by the birth defects information system, the commissioner must comply with the requirements imposed on a provider under section 144.335, subdivision 3a, paragraph (d).

Subd. 5. [REPORTING WITHOUT LIABILITY.] Any person, hospital, medical clinic, medical laboratory, data repository, or other institution furnishing information under this section, in good faith, is immune from liability in any civil, criminal, administrative, or disciplinary action.

Subd. 6. [RELIGIOUS ACCOMMODATION.] A parent or guardian of an infant with birth defects may refuse disclosure to the information system of the infant's name and identifying information on the grounds that such birth defect identification is contrary to the religious tenets and practices of the infant's parent or guardian.

Subd. 7. [DATA COLLECTION.] Data shall not be collected sooner than the expected birth date of the child. In the case of pilot projects under section 144.2215, subdivision 5, data shall only be collected on individuals born on or after July 1, 1995. In the case of data collected under this section when the system has been implemented statewide, data shall only be collected on individuals born on or after July 1, 1997. The commissioner shall consult with the advisory committee established under section 144.2215, subdivision 6, in determining the type and scope of birth defects data to be collected for the birth defects information system.

Sec. 14. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS INFORMATION SYSTEM DATA.]

All data on individuals, including the names and personal identifiers of persons who report under section 144.2216, created, collected, received, or maintained by the commissioner of health for the birth defects information system are health data as defined in section 13.38.

Sec. 15. [144.2218] [TRANSFERS OF BIRTH DEFECTS INFORMATION SYSTEM DATA TO OTHER GOVERNMENT AGENCIES.]

Subdivision 1. [INTERSTATE TRANSFERS OF DATA.] If the commissioner of health obtains the prior consent of the individual, or the individual's parent or guardian if the individual is a minor, data collected by the birth defects information system may be disseminated to a state government agency in another state upon determination by the commissioner that:

(2) the agency in the other state is authorized under its state law to use the data solely for purposes consistent with sections 144.2215 to 144.2218; and

(3) the agency in the other state is required under its state law to maintain the privacy of the data.

Subd. 2. [INTRASTATE TRANSFERS OF DATA.] Data collected by the birth defects information system may be disseminated to another state government agency in this state upon determination by the commissioner of health that another state government agency could assist an individual registered in the system in gaining access to social, educational, or medical services for which the individual is eligible if the commissioner of health obtains the prior consent of the individual.

Sec. 16. Minnesota Statutes 1996, section 144.226, subdivision 1, is amended to read:

Subdivision 1. [WHICH SERVICES ARE FOR FEE.] The fees for any of the following services shall be in the following or an amount prescribed by rule of the commissioner:

(a) The fee for the issuance of a certified copy or certification of a vital record, or a certification that the record cannot be found; is $8. No fee shall be charged for a certified birth or death record that is reissued within one year of the original issue, if the previously issued record is surrendered.

(b) The fee for the replacement of a birth certificate; record for all events except adoption is $20.

(c) The fee for the filing of a delayed registration of birth or death; is $20.

(d) The alteration, correction, or completion fee for the amendment of any vital record, provided that when requested more than one year after the filing of the record is $20. No fee shall be charged for an alteration, correction, or completion amendment requested within one year after the filing of the certificate; and.

(e) The fee for the verification of information from or noncertified copies of vital records is $8 when the applicant furnishes the specific information to locate the record. When the applicant does not furnish specific information, the fee is $20 per hour for staff time expended. Specific information shall include the correct date of the event and the correct name of the registrant. Fees charged shall approximate the costs incurred in searching and copying the records. The fee shall be payable at time of application.

(f) The fee for issuance of a certified or noncertified copy of any document on file pertaining to a vital record or a certification that the record cannot be found is $8.

Sec. 17. Minnesota Statutes 1996, section 144.226, is amended by adding a subdivision to read:

Subd. 4. [VITAL RECORDS SURCHARGE.] In addition to any fee prescribed under subdivision 1, there is a nonrefundable surcharge of $3 for each certified and noncertified birth or death record. The local or state registrar shall forward this amount to the state treasurer to be deposited into the state government special revenue fund. This surcharge shall not be charged under those circumstances in which no fee for a birth or death record is permitted under subdivision 1, paragraph (a). This surcharge requirement expires June 30, 2002.

Sec. 18. Minnesota Statutes 1996, section 144.394, is amended to read:

144.394 [SMOKING PREVENTION HEALTH PROMOTION AND EDUCATION.]

The commissioner may sell at market value, all nonsmoking or tobacco use prevention advertising health promotion and health education materials. Proceeds from the sale of the advertising materials are appropriated to the department of health for its nonsmoking the program that developed the material.

Sec. 19. [145A.16] [UNIVERSALLY OFFERED HOME VISITING PROGRAMS FOR INFANT CARE.]

visiting services to families within the seven-county metropolitan area, and at least one program must provide home visiting services to families outside the metropolitan area. The purpose of the program is to strengthen families and to promote positive parenting and healthy child development.

Subd. 2. [STEERING COMMITTEE.] The commissioner shall establish an ad hoc steering committee to develop and implement a comprehensive plan for the universally offered home visiting programs. The members of the ad hoc steering committee shall include, at a minimum, representatives of local public health departments, public health nurses, other health care providers, paraprofessionals, community-based family workers, representatives of health insurance plans, and other individuals with expertise in the field of home visiting, early childhood health and development, and child abuse prevention.

Subd. 3. [PROGRAM REQUIREMENTS.] The commissioner shall award grants using a request for proposal system. Existing home visiting programs may apply for the grants. Health information and assessment, counseling, social support, educational services, and referral to community resources must be offered to all families, regardless of need or risk, beginning prenatally or as soon after birth as possible, and continuing as needed. Each program applying for a grant must have access to adequate community resources to complement the home visiting services and must be designed to:

(1) identify all newborn infants within the geographic area served by the program. Identification may be made prenatally or at the time of birth;

(2) offer a home visit by a trained home visitor. If home visiting is accepted, the first visit must occur prenatally or as soon after birth as possible and must include a public health nursing assessment by a public health nurse;

(3) offer, at a minimum, information on infant care, child growth and development, positive parenting, the prevention of disease and exposure to environmental hazards, and support services available in the community;

(4) provide information about and referral to health care services, if needed, including family planning, pediatric preventive services, immunizations, and developmental assessments, and provide information on the availability of public assistance programs as appropriate;

(5) recruit home visit workers who will represent, to the extent possible, all the races, cultures, and languages spoken by eligible families in the designated geographic areas; and

(6) train and supervise home visitors according to the requirements established under subdivision 5.

Subd. 4. [COORDINATION.] To minimize duplication, a program receiving a grant must establish a coalition that includes parents, health care providers that provide services to families with young children in the service area, and representatives of local schools, governmental and nonprofit agencies, community-based organizations, health insurance plans, and local hospitals. The coalition must designate the roles of all provider agencies, family identification methods, referral mechanisms, and payment responsibilities appropriate for the existing systems in the program's service area. The coalition must also coordinate with other programs offered by school boards under section 121.882, subdivision 2b, and programs offered under section 145A.15.

Subd. 5. [TRAINING.] The commissioner shall establish training requirements for home visitors and minimum requirements for supervision by a public health nurse. The requirements for nurses must be consistent with chapter 148. Training must include child development, positive parenting techniques, and diverse cultural practices in child rearing and family systems. A program may use grant money to train home visitors.

Subd. 6. [EVALUATION.] (a) The commissioner shall evaluate the effectiveness of the home visiting programs, taking into consideration the following goals:

(1) appropriate child growth, development, and access to health care;

(2) appropriate utilization of preventive health care and medical care for acute illnesses;

(4) up-to-date immunizations;

(5) a reduction in unintended pregnancies;

(6) increasing families' understanding of lead poisoning prevention;

(7) lower rates of unintentional injuries; and

(8) fewer hospitalizations and emergency room visits.

(b) The commissioner shall report to the legislature by February 15, 1998, on the comprehensive plan for the universally offered home visiting programs and recommend any draft legislation needed to implement the plan. The commissioner shall report to the legislature biennially beginning December 15, 2001, on the effectiveness of the universally offered home visiting programs. In the report due December 15, 2001, the commissioner shall include recommendations on the feasibility and cost of expanding the program statewide.

Subd. 7. [TECHNICAL ASSISTANCE.] The commissioner shall provide administrative and technical assistance to each program, including assistance conducting short- and long-term evaluations of the home visiting program required under subdivision 6. The commissioner may request research and evaluation support from the University of Minnesota.

Subd. 8. [MATCHING FUNDS.] The commissioner and the grant programs shall seek to supplement any state funding with private and other nonstate funding sources, including other grants and insurance coverage for services provided. Program funding may be used only to supplement, not to replace, existing funds being used for home visiting.

Sec. 20. Minnesota Statutes 1996, section 153A.17, is amended to read:

153A.17 [EXPENSES; FEES.]

The expenses for administering the certification requirements including the complaint handling system for hearing aid dispensers in sections 153A.14 and 153A.15 and the consumer information center under section 153A.18 must be paid from initial application and examination fees, renewal fees, penalties, and fines. All fees are nonrefundable. The certificate application fee is $280 $165 for audiologists registered under section 148.511 and $490 for all others, the examination fee is $200 for the written portion and $200 for the practical portion each time one or the other is taken, and the trainee application fee is $100, except that the certification application fee for a registered audiologist is $280 minus the audiologist registration fee of $101. In addition, both certification and examination fees are subject to Notwithstanding the policy set forth in section 16A.1285, subdivision 2, a surcharge of $60 $165 for audiologists registered under section 148.511 et seq. and $330 for all other shall be paid at the time of application or renewal until June 30, 2003, to recover, over a five-year period, the commissioner's accumulated direct expenditures for administering the requirements of this chapter, but not registration of hearing instrument dispensers under section 214.13, before November 1, 1994. The penalty fee for late submission of a renewal application is $70 $200. All fees, penalties, and fines received must be deposited in the state government special revenue fund. The commissioner may prorate the certification fee for new applicants based on the number of quarters remaining in the annual certification period.

Sec. 21. Minnesota Statutes 1996, section 157.16, subdivision 3, is amended to read:

Subd. 3. [ESTABLISHMENT FEES; DEFINITIONS.] (a) The following fees are required for food and beverage service establishments, hotels, motels, lodging establishments, and resorts licensed under this chapter. Food and beverage service establishments must pay the highest applicable fee under paragraph (e), clause (1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable fee under paragraph (e), clause (6) or (7).

(b) All food and beverage service establishments, except special event food stands, and all hotels, motels, lodging establishments, and resorts shall pay an annual base fee of $100.

(d) A special event food stand-limited shall pay a flat fee of $30.

(e) In addition to the base fee in paragraph (b), each food and beverage service establishment, other than a special event food stand, and each hotel, motel, lodging establishment, and resort shall pay an additional annual fee for each fee category as specified in this paragraph:

(1) Limited food menu selection, $30. "Limited food menu selection" means a fee category that provides one or more of the following:

(i) prepackaged food that receives heat treatment and is served in the package;

(ii) frozen pizza that is heated and served;

(iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;

(iv) soft drinks, coffee, or nonalcoholic beverages; or

(v) cleaning for eating, drinking, or cooking utensils, when the only food served is prepared off site.

(2) Small menu selection with limited equipment establishment, including boarding establishments, $55. "Small menu selection with limited equipment establishment" means a fee category that has no salad bar and meets one or more of the following:

(i) possesses food service equipment that consists of no more than a deep fat fryer, a grill, two hot holding containers, and one or more microwave ovens;

(ii) serves dipped ice cream or soft serve frozen desserts;

(iii) serves breakfast in an owner-occupied bed and breakfast establishment; or

(iv) is a boarding establishment; or

(v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum patron seating capacity of not more than 50.

(3) Small Medium establishment with full menu selection, $150. "Small Medium establishment with full menu selection" means a fee category that meets one or more of the following:

(i) possesses food service equipment that includes a range, oven, steam table, salad bar, or salad preparation area;

(ii) possesses food service equipment that includes more than one deep fat fryer, one grill, or two hot holding containers; or

(iii) is an establishment where food is prepared at one location and served at one or more separate locations.

Establishments meeting criteria in clause (2), item (v), are not included in this fee category.

(4) Large establishment with full menu selection, $250. "Large establishment with full menu selection" means either:

(i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a small medium establishment with full menu selection, (B) seats more than 175 people, and (C) offers the full menu selection an average of five or more days a week during the weeks of operation; or

(5) Other food and beverage service, including food carts, mobile food units, seasonal temporary food stands, and seasonal permanent food stands, $30.

(6) Beer or wine table service, $30. "Beer or wine table service" means a fee category where the only alcoholic beverage service is beer or wine, served to customers seated at tables.

(7) Alcoholic beverage service, other than beer or wine table service, $75.

"Alcohol beverage service, other than beer or wine table service" means a fee category where alcoholic mixed drinks are served or where beer or wine are served from a bar.

(8) Lodging per sleeping accommodation unit, $4, including hotels, motels, lodging establishments, and resorts, up to a maximum of $400. "Lodging per sleeping accommodation unit" means a fee category including the number of guest rooms, cottages, or other rental units of a hotel, motel, lodging establishment, or resort; or the number of beds in a dormitory.

(9) First public swimming pool, $100; each additional public swimming pool, $50. "Public swimming pool" means a fee category that has the meaning given in Minnesota Rules, part 4717.0250, subpart 8.

(10) First spa, $50; each additional spa, $25. "Spa pool" means a fee category that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.